From the DEan Building on a Vibrant Tradition Paul Mahoney T his is an exciting time to begin a deanship. The Law School is as intellectually vibrant as it has ever been. This year we will host talks by, among others, Justice Samuel Alito, William Cronon, author of Nature’s Metropolis, and a group of retired U.S. generals who will talk about interrogation techniques. Our students are as committed, active, and energetic as ever. I spoke recently with two students participating in the Cowan Fellows Human Rights Study Project, who are preparing to travel to Cambodia to study the treatment of linguistic minorities. Interacting with these remarkable young men and women makes teaching at the Law School a joy. In my first few months as dean, I’ve had the pleasure of traveling to a number of cities to meet alumni. One of the most common questions I hear at these gatherings is whether and how today’s students differ from those of years past. In most important respects — their sense of community, their desire to maintain balanced lives, and their affection for their peers and the Law School — they are just like the graduates who preceded them. But they are also keenly astute consumers who are determined to get the most from their legal education. That fact has raised the bar for every law school in the nation. In order to attract the best, we need to be the best — to provide the highest quality education by the most accomplished and interesting faculty. We relish that challenge. One way in which we respond is to constantly seek new ways to enrich the education we provide. In these pages, you will read about two exciting new curricular enhancements. One is the Innocence Project at the University of Virginia School of Law, a clinical offering focused on securing post-conviction relief for the wrongfully convicted. The clinic is led by Deirdre Enright ’92, who has extensive experience representing capital defendants in postconviction proceedings. We have also launched a Program in Public Interest Law under Associate Dean Jim Ryan’s leadership. The Program aims to do for public interest law what the Law & Business Program did for our students who are interested in that field — provide a set of core courses, exposure to some of the most experienced and successful people in the field, and help with curricular and career planning. One of the founding ideals of the Law School is that lawyers serve not just their private interests, but the public good, and we hope to live up to that ideal. Another constant in the life of the Law School is the support of the most loyal and generous alumni of any law school in the nation. A new dean could not ask for more than the kind words of encouragement and assistance I receive regularly from alumni, many of whom I am meeting for the first time. They reflect our graduates’ tremendous attachment to and affection for the Law School and eagerness to see it succeed. For that, all of us who are privileged to work at the Law School are grateful. Fall 2008 / Vol. 32, No. 2 Departments Features 1 Building on a Vibrant Tradition 22 An Interview with Paul Mahoney 5 Law School News 28 Mahoney Taps Ryan ’92 to Lead Public Interest Law Program 37 Faculty News & Briefs 51 Scholar’s Corner Cullen Couch 30 John Monahan and Jeffrey Swanson 55 Class Notes 83 In Memoriam 85 In Print Law School Launches Innocence Project Mary Wood 33 Former Prosecutor Returns to Admissions Office Rob Seal Front cover: Paul Mahoney photographed by Tom Cogill Editor Cullen Couch Associate Editor Denise Forster Contributing Writers Rob Seal; Peter Trauernicht, A&S ’09; Emily Williams; Mary Wood Design Roseberries Photography Michael Bailey, Ian Bradshaw, Tom Cogill, Peggy Harrison, Emily Williams, Mary Wood “I hope our wisdom will grow with our power, and teach us, that the less we use our power the greater it will be. “ —Thomas Jefferson Law School News Law School News Class Stands Out After Record Application Year C HOSEN FROM THE largest “We were mindful of the special qualities our students applicant pool in the history of the Law School, members of the Class have had — a capacity and willingness to view learning of 2011 boast the best median LSAT and grade-point average qualifications as a collaborative enterprise; a healthy sense of balance ever for an entering class. The 370 students who matriculated from the among work, relaxation, family and friends; an interest in pool of 6,548 applicants have a median GPA of 3.80 and maintained last year’s the world around you and in the broader world as well; and record-high median LSAT of 170. “In selecting you, we were mindful a willingness and an inclination to invest in community.” of the special qualities our students have had as long as I’ve been associated with the Law School and well before lived or worked abroad in 44 countries and strategic studies, mathematics, that — a capacity and willingness and have pursued a variety of careers, anthropology, physiology, systems to view learning as a collaborative from presidential speechwriter to an engineering, biomedical engineering, enterprise; a healthy sense of balance assistant to Maya Angelou. philosophy, history, literature, among work, relaxation, family and “Our admissions process grows international affairs and international friends; an interest in the world around more and more competitive each year,” you and in the broader world as well; said Trujillo. “Less measurable than and a willingness and an inclination GPA and LSAT scores, but equally A Global Community to invest in community,” Dean Paul important, is the breadth and depth First-year students have lived, worked, Mahoney told the entering class during of the backgrounds of our entering or studied all over the world, including orientation. “You will find those students. In that regard, this class also England, Scotland, Ireland, Germany, investments amply rewarded here.” stands tall.” Denmark, Norway, Switzerland, Women make up more than 44 relations. France, Spain, Italy, Austria, Belgium, percent of the entering class, which Education the Czech Republic, Hungary, Mexico, is the second-highest percentage Thirty-one members of the Class New Zealand, Turkey, the Galapagos the Law School has recorded, of 2011 have at least one graduate Islands, Tanzania, Brazil, Australia, said Jason Wu Trujillo ’01, Senior degree. Disciplines include business Kenya, India, Iran, Jordan, South Assistant Dean for Admissions and administration, public health, teaching, Korea, Cameroon, Israel, Costa Rica, Financial Aid. Members of the class divinity, fine arts, public policy, Nicaragua, Japan, South Africa, come from 43 states, the District of elementary education, secondary Morocco, Lebanon, China, Hong Kong, Columbia, Puerto Rico, and three education, politics, policy studies, film Trinidad and Tobago, Bangladesh, foreign countries, and attended 132 studies, organic chemistry, economics, Ecuador, Monaco, Kenya, Honduras, undergraduate schools. They have English, chemistry, theology, defense Ghana, and Guatemala. UVA Lawyer • fall • 2008 |5 Law School News Remembering Charles H. Whitebread, 1943–2008 C HARLES H. WHITEBREAD, 65, Whitebread was also one of the with their bar exams. He was very of Santa Monica, Calif., and first law professors to concentrate committed to disseminating his Charlottesville, a nationally respected on juvenile law and the need of the knowledge of law school protocols law professor, author, and lecturer in juvenile law system to afford the same and procedures to students, and each the law for over 40 years, passed away rights to juveniles accused of offenses fall he visited over 70 law schools to from lung cancer on September 16 in as afforded to adults. speak to students about exam-taking Santa Monica. After graduating from Yale Law As much as he was a scholar of the law, Whitebread was also immensely School, Whitebread joined the faculty popular with his students. He took at the Law School, where he taught very seriously this aspect of his work, techniques and general advice about how to succeed in law school. Whitebread often returned to Charlottesville to visit his friends at the Law School. On one such occasion, to deliver the commencement address to the Class of 2000, he said “A law school will fully succeed only if its students are willing to engage in the dialogue, to be intellectually curious, to be excited by ideas, and genuinely to believe that it is simply better, as a normative matter, to understand than not to understand. What a delight to return to my native soil 20 years later to find just such students at Virginia. My fondest hope is that as the pressures of advancement in the profession mount, none of you will lose either your willingness, indeed eagerness, to be excited by ideas, or lose sight of the ultimate issue of any great law school: the promotion of Charles H. Whitebread social justice.” Professor Whitebread is survived by for 13 years through 1981. He was believing that students deserved to awarded the Distinguished Professor have inspiring and interesting classes his long-term partner John T. Golden Award in 1972, and again in 1980. to help them to gain command over and their good friend Michael S. Kelly, the subject matter. He also dedicated both of Santa Monica, and by his sister, procedure and an astute observer of the himself to helping students to succeed Anne W. Tower, of Fredericksburg, Va., Supreme Court of the United States, he in law school; he wrote a primer, The and his brother, Joseph B. Whitebread, published numerous law review articles Eight Secrets of Top Exam Performance Jr. of McLean, Va. and more than 10 books dealing in Law School, as a measure of that with subjects ranging from criminal dedication. For most of his career, the Law School will hold “A procedure to the non-medical use of he was a lecturer for BAR/BRI in Remembrance” on December 6, at 4 drugs. Beginning in 1982, Whitebread criminal law and procedure, and he p.m. in Caplin Pavilion. For details published an annual booklet, Recent helped students successfully study for email Teri Johnson at tjohnson@ Decisions of the Supreme Court. and manage the anxiety associated virginia.edu. An expert in criminal law and 6 | UVA Lawyer • fall • 2008 In honor of Professor Whitebread, Law School News Law School Partners Up for Child Advocacy Cases T HIS SEMESTER SOME Law serve children and families who would School students are joining otherwise go unrepresented, Block with practicing lawyers from said. It also gives the organization a McGuireWoods to work on child chance to partner with, “a top rate law advocacy cases in the community. firm and top rate lawyers like those at The new program is the result of a partnership between the Law McGuireWoods,” he said. The students who take on School, McGuireWoods and the casework do far more than just Charlottesville-based JustChildren observe the McGuireWoods lawyers program, which provides legal services handling the cases, Heaphy said. “The to children in need. general protocol is the student frankly “The bread-and-butter cases for does most of the work,” Heaphy said. Katie Ryan ’92 JustChildren are education cases,” said “They do most of the fact gathering Katie Ryan ’92, who is administering and analysis. Our people are there is a lot of research that says that the the program. “This will entail a lot of more as guides and chaperones. The longer a student is out of school, the special education work, a lot of school students really are the driving force, less likely it is that they’ll be able to discipline work. JustChildren also and they should be.” return and be successful. Their legal handles some juvenile justice work, Third-year Emily Buckley has work will give him a much greater so there will be cases in the juvenile already partnered with another chance to complete his education,” justice world as well.” student and a McGuireWoods lawyer Block said. to successfully represent a special For students, the program offers students either do intake work for education student who had been hands-on experience and builds the potential JustChildren clients or are suspended and wasn’t getting the same kind of skills that are taught in partnered with volunteer lawyers from services he required. “We helped him the Child Advocacy Clinic, which does McGuireWoods to work on actual get back in school earlier than his similar work, Ryan said. Nine students cases. suspension date, and have worked to are already involved in casework, she improve his special education services said. In the program, participating McGuireWoods became involved with the program in part because of a friendship between Timothy at school,” Buckley said. “It was great, I felt like we really “One of the ideas is that it gives students who have done the clinic an Heaphy ’91, a Law School lecturer benefited from working with the opportunity to continue to work on and McGuireWoods lawyer, and McGuireWoods attorney and with these kinds of cases while they are in JustChildren program director Andy the knowledge and resource base at law school,” she said. Block, who also lectures at the school. JustChildren.” So far, about 25 McGuireWoods Block said JustChildren would Buckley, who participated in the Child Advocacy Clinic in her lawyers have volunteered to work with likely not have been able to take on second year, agreed. “I think it’s a Law School students on JustChildren, the case without the partnership, and great learning experience outside of Heaphy said. “Our people love it,” that it is an example of the program classroom work and outside the clinic Heaphy said. “I just think that so far working exactly as hoped. structure,” she said. it’s off to a really good start.” In addition to providing practical “It’s important not only because the legal team protected the student’s experience to law students, the legal rights, which the school system partnership allows JustChildren to had violated, but also because there UVA Lawyer • fall • 2008 |7 Law School News Sarbanes-Oxley’s Ill Effects Show Cost of Government Regulation O NEROUS FEDERAL regulations enacted after the “The dominant academic view SEC, the government played little role in the 1970s was that Delaware had in corporate governance. However, collapse of Enron haven’t helped waged and won a ‘race for the bottom’ in subsequent years the federal the way American corporations are in corporate law by offering more government has done “considerably governed, a federal judge said in a favorable terms to corporations,” he said. more” in the regulatory department, recent address at the Law School. But Ralph K. Winter, now a judge Easterbrook said. The Sarbanes-Oxley Act passed in the wake of Enron’s collapse had a “Vanilla ice cream is the best for most people most of huge affect on corporate governance, the judge said. The massive and the time. It is far and away the most popular flavor. But complicated act essentially did three things, he said. nobody thinks that society would be better off if every First, it required equal and fair disclosure of corporate information. other flavor were forbidden by federal law.” When taken with other SEC rules, these requirements prevent preferential disclosure of information. on the 2nd U.S. Circuit Court of “There are benefits in speedier to be bad ones, investors lose. The Appeals, turned that notion on its head disclosure, but this regulation makes it national government, in other words, in a 1977 article in which he concluded very hard to do,” Easterbrook said. can win a race to a bottom in a way that investors were actually well- that states cannot,” Chief Judge Frank served by corporations that sought traded corporations have independent Easterbrook of the 7th U.S. Circuit out the most favorable regulatory governing boards and independent Court of Appeals told a packed Caplin environments, Easterbrook said. committees tasked with choosing “If the mandatory rules turn out Pavilion on September 26. Easterbrook was the keynote “What Judge Winter asked was ‘How could everybody be so stupid?’ The act also requires that publicly auditors and setting executive compensation. “The idea is that insiders forced speaker at a Virginia Law Review- If managers can exploit scattered sponsored symposium comme- investors by incorporating in Delaware, to justify themselves to skeptical morating the 75th anniversary of the why doesn’t everybody know it?” independents will be better servants Winter was among the first to of investors interests. Well, that may Securities and Exchange Commission. In a speech titled “The Race for the use data analysis to support his or may not be so. “My suspicion is Bottom in Corporate Law,” hypothesis, Easterbrook said, and his that independent directors might as Easterbrook analyzed competing paper resulted in a dramatic shift in well be relabeled ‘ignorant directors,’” theories of corporate regulation. the perception of state regulation. Easterbrook said. “If you go there and “There is a race, and Judge Winter spend enough time to understand conventional wisdom was that investor concluded that investors are winning,” what’s really going on at this firm, you interests were being disregarded as Easterbrook said. will no longer be independent because In the 1960s and 1970s, the state governments watered down Around the time Easterbrook and you will be an employee of the firm.” Even if this mode is typically the regulations in an effort to lure others were converging on the Law companies to incorporate in their School 25 years ago for a symposium best type of governance, it’s a mistake states, Easterbrook said. marking the 50th anniversary of the to require that all firms use it, he said. 8 | UVA Lawyer • fall • 2008 Law School News Judge Frank Easterbrook “Vanilla ice cream is the best for most and professional outside directors revealed was more diligent than many people most of the time. It is far and are something else.” The accounting of its peers. away the most popular flavor. But profession has learned that it can nobody thinks that society would be get benefits at the national level by to the bottom? Easterbrook said one better off if every other flavor were lobbying for legislation, he said. answer lies in the fact these regulations forbidden by federal law.” “The Sarbanes-Oxley Act roughly So what is to prevent a new race are not being conducted by, or for the benefit of, managers. Sarbanes-Oxley also required doubled the amount corporations much more extensive auditing by pay for accounting services. Does “The managers continue to want a accountants. The SEC estimated this it surprise you that after multiple good governance system. The question would increase costs by about $91,000 scandals reveal that the accountants is, to what extent do the constraints per reporting company. The real costs, haven’t caught the frauds and aren’t imposed by federal regulation make it however, are more like $7.8 million doing very well for investors, that impossible?” per company, he said. Congress passes a law that requires Firms have become much more you to spend twice as much on adept at removing themselves from the government to get things right accounting? Why buy twice as much federal and state regulation, he said. within an order of magnitude, but of a good that has been revealed to be There is also the fact that the world that just wasn’t the case.” In general, of low quality?” market is more developed than it “Normally you’d be able to expect small, tightly focused interest groups Easterbrook said the great irony once was, and corporations can shop are better able to get legislation of the Sarbanes-Oxley Act is that outside the country for more favorable pushed through than larger groups, it requires corporations to be set regulation. he said. But Sarbanes-Oxley doesn’t up exactly like Enron, which had benefit investors, corporations or the an independent board of directors rate governance pops up in the United government, he said. and extensive outside auditing by a States, it could be good for markets as firm that after-the-fact examination a whole,” Easterbrook said. “Ah, but the accounting profession “That may mean that if bad corpo- UVA Lawyer • fall • 2008 |9 Law School News 10 | UVA Lawyer • fall • 2008 Law School News Professors Analyze Cases in Supreme Court Roundup I N FRONT OF a standing-room- series of high-profile cases, splitting on the promise of a needed check on only crowd of students and faculty issues such as whether Guantanamo executive action.” in Caplin Pavilion, a panel of Law Bay prisoners have the right to habeas School professors broke down some of corpus appeals, whether District of grants detainees held outside the the most important decisions from the Columbia residents have the right to country the right to appeal under past U.S. Supreme Court term. own handguns, and whether child the writ of habeas corpus, which rape should be punishable by the entitles prisoners to challenge in court death penalty. whether their jailers have sufficient During the annual Supreme Court Roundup, an event sponsored by the Student Legal Forum, professors “And though the splits were David Martin, Christopher Sprigman, ideological, conservatives didn’t win and Richard Bonnie ’69 analyzed all these cases,” Howard said. decisions on cases ranging from gun rights to the death penalty. The 2007–2008 term was the first Here is a look at how Law School moves since 2002 aimed to reign in “sweeping impositions on individual contested decisions. of September 11, 2001, Martin said. Two of these actions in particular presented major liberty questions, he David Martin on Boumediene v. Bush said. The first was a November 2001 executive order that established a military commission to try terrorists who moderated the panel. As such, it offers a chance to analyze the most The ruling is one in a series of liberty,” that were enacted in the wake included both Chief Justice John said Professor A. E. Dick Howard ’61, authority to hold them. professors characterized some of those full term of the “Roberts Court” that Roberts and Justice Samuel Alito, The Supreme Court’s decision In Boumediene, the Supreme Court in front of tribunals, with more recent incarnation of a Court that has took a big step toward preserving limited procedures than those used in changed dramatically over the past 40 fundamental rights inherent in our U.S. courts. years, Howard said. justice system, according to Professor “It would be possible to argue a year ago that we were beginning to see David A. Martin. In the case, the Court ruled that Controversy over that measure somewhat obscured a second set of steps, which included an assertion the fruits of the conservative efforts to a prisoner held at the U.S. facility of the authority to detain enemy change the Court,” Howard said, citing in Guantanamo Bay, Cuba, has the combatants indefinitely, Martin said. the Supreme Court appointments of each Republican president since Richard Nixon. “It preserves some very fundamental liberties and it holds However, midway through its most recent term, the Court seemed the promise of a needed check on executive action.” to be working to achieve some middle ground and blur ideological lines, “By the time the Boumediene case Howard said, citing a voting rights case right to challenge the legality of his from Indiana and a challenge to the detention in court. The decision also had come to the Supreme Court, death penalty from Kentucky in which suggests that ruling applies beyond many checks had been applied to these justices seemed to cross ideological Guantanamo, “to other places beyond procedures and the Supreme Court lines to join the majority. But “any our shores where the U.S. exercises had played a significant role in doing thought that the Court would end on a complete jurisdiction and control,” that,” Martin said, citing the creation non-ideological note was dispelled by Martin said. “It’s a deeply important of hearings for detainees to challenge the end of the term,” he said. ruling,” he said. “It preserves some their status as enemy combatants. The Court divided sharply in a very fundamental liberties and it holds But in Boumediene, the Court UVA Lawyer • fall • 2008 | 11 Law School News ruled that existing procedures were of the framers have become completely said the clauses of the amendment not enough, and that they didn’t anachronistic,” Sprigman said. “They could be looked at as two parts of the present as ample a scope of review put in some kind of protection of same whole, with each informing the as a habeas court would have. The weaponry ownership to ensure the meaning of the other. court has to have the authority to continuation of something that, despite be able to hear new evidence and to all their intents, is dead. This highlights a make findings of fact based on what is really interesting question about judicial After establishing in the decision submitted, the decision said. review. Do we announce a fairly broad that the amendment’s second clause individual right to own guns based on guarantees a person’s right to own pave the way for immediate action, our desire to protect something that guns, Scalia asks whether the first part Martin said, because many questions can’t really be protected: that is, the of the amendment, which asserts the remain on issues such as the right existence of the militia?” importance of the militia, diminishes The ruling doesn’t necessarily to counsel, the ability to confront In Justice Antonin Scalia’s majority “That’s not how Scalia does it; he severs the clauses,” Sprigman said. that right in a way that would allow adverse witnesses, and the appropriate decision, the Court said the Second the D.C. gun ban to be constitutional, standards for settling whether a Amendment guarantees an individual Sprigman said. prisoner is an enemy combatant. the right to bear arms, and that the “These are large questions, and I expect the Supreme Court will have to district’s ban and trigger lock law clauses is where Justice Scalia ends up,” violate that right. Sprigman said. “He says [the prefatory clause] doesn’t limit the right in the revisit these issues in the next few years in order to settle this,” Martin said. A well regulated Militia, being operative clause, it merely provides the necessary to the security of a free purpose.” State, the right of the people to Christopher Sprigman on District of Columbia v. Heller “The relationship between the two Sprigman also questioned justice’s keep and bear Arms, shall not be logic in asserting that the term “the infringed. right of the people,” refers to the rights of the individual as opposed Aside from the public policy questions it raises, the Supreme Court’s decision on the District of Columbia’s “What Justice Scalia has done is try to keep handgun ban makes for an interesting look at the Court’s methodology, faith — admirably so — with the framers’ purposes, but Professor Christopher Sprigman said. The case revolved around whether sometimes you just can’t keep faith. Sometimes there’s the District of Columbia’s law banning handguns and requiring that all other nothing to revive.” firearms either have a trigger lock or be kept disassembled and unloaded violated the Second Amendment. The creation of the Second Amendment was prompted by the actions of the English, who had Sprigman said Scalia’s first to the people as a whole, and said the methodological step was to divide the accepted definition of the militia the amendment in half. amendment was designed to protect “[Scalia] goes right to operative may never have existed. “What Justice Scalia has done is try attempted to suppress the revolution- clause: … the right of the people ary militia by restricting the rights of to keep and bear arms shall not be to keep faith — admirably so — with its member to carry weapons, infringed,’” Sprigman said. the framers’ purposes, but sometimes Sprigman said. “What’s really happened in the Second Amendment is that the intents 12 | UVA Lawyer • fall • 2008 Taken by itself, that clause does you just can’t keep faith. Sometimes seem to establish a right to own there’s nothing to revive. I look at this firearms, Sprigman said. However, he opinion as a very strong exercise of the Law School News power of judicial review in the pursuit of a risk by the improper administration death penalty, I think, is basically an something that probably was a dream, of the first drug. They are paralyzed, albatross for the Supreme Court and and in any event is certainly one now.” and can’t express that they are still has been since 1976,” he said. conscious,” Bonnie said. In a 7-2 decision, the Court Richard Bonnie on Baze v. Rees and Kennedy v. Louisiana That decision upheld the idea that “death is different,” Bonnie said, which rejected this claim and essentially said forced the Court to create a new set that there is no evidence that such a of rules that apply only to the death situation has ever occurred, Bonnie penalty. The result is years of difficult said. “The Court basically upheld the decisions that have yielded very little reinstatement of the death penalty, protocol and doesn’t want to deal with progress, he said. “They had no exit Supreme Court decisions on the topic this issue anymore,” he said. strategy to deal with this, and I think are In the more than 30 years since the have failed to satisfy anyone, regardless The most interesting part of the essentially trapped in an unsuccessful of ideological perspective, said Professor Richard Bonnie. “I am absolutely confident that “They had no exit strategy to deal with this, and I think nobody gets any satisfaction out of viewing these records or thinking are essentially trapped in an unsuccessful situation, and about these capital cases,” he said. Instead, the decisions promote continue to be trapped.” “sloppy and highly unsatisfying jurisprudence,” and have yielded predictable divisions, he said. “But having said all that, I don’t decision, he said, was the admission by Justice Paul Stevens in his concurrence situation, and continue to be trapped.” In general, Bonnie said justices think they had any choice except to that he believes the death penalty tend to drift to more liberal positions muddle through on this,” Bonnie said itself would be a violation of the 8th on the death penalty, a trend that of the Supreme Court justices. “This is Amendment if the decision to reinstate appears to be continuing with Stevens. a genuine constitutional problem. The it were being considered today. He praised the Court for rejecting Court needed to pay attention to this.” During the 2007–2008 term, the In the second recent capital case, the Supreme Court decided 5-4 to the expansion of the death penalty to include child rape. “This would have opened it up even Court dealt with two prominent reject the idea that child rape should death penalty cases. One concerned be considered a capital offense. further, when the agenda has got to be whether lethal injection violates This effectively made certain types to try and contract the death penalty,” constitutional protection against cruel of murder the only crimes against Bonnie said. “It is a sore in our criminal and unusual punishment. The other individuals that can result in the death justice system, and something needs to tackled whether the death penalty can penalty, Bonnie said. be done about it.” be expanded to apply to the crime of child rape. In the first case, two inmates from “The real problem is arbitrariness,” he said. “Each year, there are 5,000 rapes per year of children under 12. So Kentucky claimed that lethal injection if the states are all going to create the could be cruel and unusual if the first death penalty for these cases, how do of three drugs used to administer the you decide which to carry out the death punishment failed or was incorrectly penalty for?” administered. The first drug renders The Court’s decision seems to the inmate unconscious. The second send a signal that the majority believes paralyzes and the third stops the heart. the death penalty should be limited, “The problem here is that there is not expanded, Bonnie said. “The UVA Lawyer • fall • 2008 | 13 Law School News Conference Explores Linking Emotions with Law By Prashanth Parameswaran R ECOGNIZING THE ROLE of emotion is critical to a better understanding of family law, experts said during a conference on law and emotion held in September. “In recognizing the centrality of emotion, we can learn not only to control, but also to promote passion,” said Robert Emery, director of the University’s Center for Children, Families, and the Law. The two-day event was sponsored by the center, the College of Arts & Sciences, the Law School, and the Virginia Journal of Social Policy and the Law. Linking emotions with law is a Robert Emery fresh theoretical approach in contrast to the conventional wisdom that law rooted in stubborn objectivity — it their emotions on their personal is always dispassionate, Emery said is different,” she said. Abrams ended experiences rather than the weather. in his opening remarks. Examining a her talk by citing issues that have broader range of emotions in family implications for future research, on what you focus on,” he said. law could make legal procedures more including the importance of Similarly, he added that the role of therapeutic and help lawyers realize recognizing emotion within a range the law was to focus emotion toward their valuable role as counselors in of different families, challenging the the outcomes of a case rather than dispute resolution, he added. privacy of emotion in family law, and at individual personalities, since the elaborating a different range of legal latter could lead to blame, anger and interventions. other negative feelings. Kathryn Abrams, a law professor at the University of California, Berkeley, focused on the obstacles to recognizing Following Abrams’ presentation, “What you end up feeling depends The conference also included three the importance of emotion in family UVA psychology professor Gerald other paper sessions and one panel law. Abrams said the study of emotion Clore provided a more scientific discussion with attorneys as well as in family law lagged behind other assessment of emotion and the law, psychology, and neuroscience legal fields because the nature of complex ways in which it is professors. Emery said the event resistance to it was very different and demonstrated. was the first conference to examine much stronger. The family is often Clore conducted an experiment family law through law and emotion scholarship. treated with more privacy, which may in which he found the subjects to be preclude a full assessment of the role happier when asked about their “life of emotion, while family law is often satisfaction” during sunny rather than Emery said, adding that the first step filled with female lawyers who may be rainy days. When the experiment to studying emotion in family law “is afraid to highlight emotion for fear of was repeated and the subjects were recognizing it.” being stigmatized more so than they first asked about the weather and already are. then separately about their “life “Resistance in family law is not 14 | UVA Lawyer • fall • 2008 satisfaction,” they were able to focus “Emotions are the stuff of life,” Law School News Expert Analyzes the Role of States and Cities in Immigration Regulation By Ashley Matthews F EDERAL, STATE, AND local immigration is governments should share closely tied to responsibility for the creation and foreign affairs, enforcement of immigration law, and individual according to Clare Huntington, an states could hurt associate professor at the University of the United States’ Colorado Law School. relationships with Huntington, who spoke to other countries. students and faculty about the role Huntington argued of states and cities in immigration against that theory, regulation, compared immigration law saying other to other areas where state and local countries with governments share authority with the strong national governments such as federal government. The Law School’s Canada, Germany, and Switzerland Immigration Law Program sponsored give sub-national governments are meant to respond to the perceived the event. some immigration and alienage law negative impact of unauthorized authority. Further, Huntington said migrants, some communities law and civil rights law, all levels of state and local governments have create laws meant to benefit them, government have some authority and a much stronger vested interest in Huntington said. Some states offer the question is who gets to exercise it immigration and alienage laws than in in-state tuition to their children, and and in which context. Immigration foreign affairs. some municipalities offer identity “In terms of environmental law, at least according to conventional Clare Huntington “Unlike foreign affairs, state and and enforced nationally, she said. Though many state and local laws cards or other benefits. If state and local governments wisdom, is different. Immigration law, local governments have a tremendous we really set apart,” Huntington said. interest [in immigration]. It affects have a legal right to create and enforce “The question I ask is whether that’s them both positively and negatively,” immigration and alienage laws in constitutionally mandated. Is that she said. “Immigration is hugely tied their own communities, Huntington because that’s what the Constitution socially, politically, and economically said the United States must requires, or is that simply the way to what state and local governments consider whether it has an interest things are now?” care about. Moreover, even in the in uniformity, or whether there’s Huntington, a former attorney- foreign affairs context, we’ve allowed value to experimentation in certain adviser for the Office of Legal Counsel state and local governments to have communities. at the U.S. Department of Justice, some role. Perhaps state and social “The baseline is that immigration said the Constitution does not clearly governments can act as long as the is really no different from other areas outline who has authority over issue is of state or local concern.” of public law that are shared among immigration law — which controls Huntington also said she believes levels of government,” Huntington the country’s borders — and alienage the Supreme Court decisions often said. “The only thing that may be law, which applies to noncitizens used to assert that immigration law is a different is the level at which the inside the U.S. federal matter are not being accurately federal government has dominated. interpreted. Precedent does not clearly That’s not to say that’s constitutionally state government involvement in designate that immigration and required. It could just be a matter of immigration and alienage law, saying alienage law should only be enacted history.” Many argue against local and UVA Lawyer • fall • 2008 | 15 Law School News Elizabeth Norton Chris and Jamie Schoen Students Work Worldwide With Help From Law School Grants By Ashley Matthews W HEN FORMER DEAN John she worked for the country’s Anti- and insight into the challenges that C. Jeffries, Jr. ’73, spoke to the Corruption Commission. attorneys face in some countries, where Law School’s first-year students in “The corruption is at all levels,” electricity, computer access, and office supplies such as paper can be scarce. 2007, Elizabeth Norton took his words Norton said. “When you first get to the to heart. country, the people working in customs “I learned a lot about corruption, ask for bribes. Police will pull you over the problems it causes, the damage it and ask for a bribe. It’s really bad.” can do, as well as about enforcement,” “When someone asked the dean what we should do over the summer, Norton said. “I really enjoyed working he said, ‘I think you should all just go Norton spent 10 weeks helping work on a boat or do something really the commission perfect and promote with lawyers in Sierra Leone. It’s different,’” she recalled. “I think he the Anti-Corruption Act of 2008, certainly a different approach than said that because it’s sort of our last which became law in mid-August, two what we learn in law school here.” summer to do that kind of a thing.” weeks after she returned to the United While Norton didn’t go work on a States. The act strengthens the Anti- Freeing Slaves in South Asia boat, she decided to apply for a Public Corruption Commission, most notably Interest Law Association (PILA) grant by giving it prosecutorial authority, PILA grants to travel to South Asia and spend her last “free” summer and by creating a new requirement that to work for the International Justice doing something unusual. As one public officials declare all of their own Mission, a Washington, D.C.-based of the 50 first-year law students to and their family members’ assets. human rights agency that secures receive a PILA grant to support work While Norton was pleased to help Chris and Jamie Schoen used their justice for victims of slavery, sexual in public service over the summer, promote a good cause in Sierra Leone, exploitation, and other forms of Norton went to Sierra Leone, where she also gained important experience violent oppression. 16 | UVA Lawyer • fall • 2008 Law School News legal system where even the or ‘colored’ as they call it. They were tiniest amount of progress can very passionate about what they were take months and conducting fighting for, and very in tune with research often involves what was going on in the country and digging through 50-year-old where they needed to go.” books. Schoen said he also important case that grants inheritance equally important side of rights to women in Muslim IJM’s work — promoting polygamist marriages. “One of the things that the States and other privileged Women’s Legal Center accomplished a countries. Even if an attorney few years ago was gaining inheritance doesn’t practice law for IJM rights for married, Muslim women, across the globe, he or she so after spouses died they were able can still make a difference to inherit, even though during their by helping to raise money lifetime they are not legally recognized and awareness, and lobby for as spouses,” Miller said. “What [the progress. Women’s Legal Center] recently did “It’s so much easier to go to work The Schoens, now second-year the Women’s Legal Center won an learned about the other, their cause in the United Leigh Miller While Miller was in South Africa, and be excited every day when you was gain the same inheritance rights for the second or third wife.” law students, assisted IJM attorneys know how important your work is,” he and the government in prosecuting said. “The people are so poor and need a commentary on South Africa’s forced-labor cases, which often occur so much help; it challenged me to do recently passed Sexual Offenses Act, in South Asia after someone takes my best to make a difference.” and completed smaller projects for individual attorneys. For one, she a small loan and is unable to repay. While the practice of issuing a bond with labor as collateral is illegal in the country where the Schoens worked, While she was there, Miller wrote Promoting Women’s Rights in South Africa Leigh Miller, now a second-year researched Zulu wedding ceremonies in order to determine the exact moment at which the marriage becomes official. they said slavery is still rampant law student, used her PILA grant to because slaveholders use fear or work for three months at the Women’s misinformation to oppress workers. Legal Center, a nonprofit in Cape worked with were inspirational Town, South Africa. The organization’s because of their passion and ability to books, but there are a lot of legal work focuses on promoting equality innovatively interpret the country’s questions that made it interesting and for South Africa’s women, especially constitution to help heal the wounds exciting,” Chris Schoen said. “It let me women of color, in a country still left by Apartheid. see some of the things you can do with recovering from Apartheid. “There’s a lot of good law on the a law degree, and it opened my eyes to “The South African constitution Miller said the attorneys she “South Africa has such a unique history and current political and how people in much of the world have is very progressive and grants the social situation that it was really an to live.” people a lot of rights and equality, ideal time to go. They’re in such a but there is a big gap between that time of transition and change and to learn a new genre of law in a and how the rights are actually healing that it felt like I was really different legal system. Most of all, he implemented in day-to-day life,” she in a position to make a difference said, he learned the value of poise and said. “The attorneys I worked with with pretty substantial impacts and patience as he watched the South Asian were all female attorneys, and the accomplishments,” Miller said. attorneys operate in a bureaucratic majority of them were black attorneys, Chris Schoen said it was beneficial UVA Lawyer • fall • 2008 | 17 Law School News Finchem Urges Graduates to Follow Their Passions By Mary Wood M EMBERS OF THE Class of 2008 should be he said. “If you make a decision and you find that you’re passionate about what they do in life, PGA Tour not passionate, move on. “The reason for Tiger Woods’ Commissioner Timothy W. Finchem ’73 said during a soggy extraordinary success is his passion for the game of golf.” commencement in Memorial Gymnasium on May 18. Finchem urged the audience to “seek consensus in decisions “You have, as a class and as individuals, great capability. that you make, but don’t wait for everybody to agree with You have the tools. Given the focus that I’ve already noticed you.” Also, “don’t take yourself too seriously,” Finchem said. you have on philanthropy, and the pro bono commitment “If you have an ego, check it at the door.” that you’ve made during your law school years, I know you Recalling that energy policy was a leading issue even have the passion,” Finchem said. “You can, and I believe will, when he served in the Carter Administration, Finchem make a difference.” urged graduates to become involved in some of the big In 1994, Finchem became the third commissioner issues facing the country. Finchem said that PGA Tour of the PGA Tour. He previously served as an attorney in tournaments are run by charitable organizations, which Virginia Beach and was deputy advisor to President Jimmy “makes us unique in the world of sports.” Carter in the Office of Economic Affairs. “Golf, as a game, is challenging,” Finchem said. “It One of the Tour’s primary missions is to raise money for charity. “We are dedicated to generating charitable teaches you humility; it teaches you the core values of benefits for the communities where we play,” he said. It took integrity and honesty; it teaches you to set goals. It is a the PGA Tour 67 years to reach its first billion dollars in compelling life-long game, and like life, you never stop charitable giving, Finchem said, and he hopes to reach its learning.” Being a lawyer means you have the ability to second billion in just eight years. He also aims to get children think, analyze, and discover solutions, which is helpful in who historically haven’t had access to golf, whether for every step of your career, Finchem said. geographic or socioeconomic reasons, to play. “We want to “If you don’t have passion for what you do, you cannot change the face of golf — we want the sport to look like the maximize what you want to do, you can’t reach lofty goals,” rest of the country, and we want to do it in this generation.” 18 | UVA Lawyer • fall • 2008 Law School News GRADUATION AWARD RECIPIENTS Margaret G. Hyde Award Katherine Ireland Twomey James C. Slaughter Honor Award Ray Daniel McKenzie Thomas Marshall Miller Prize Rebecca Lynn Mroz Z Society Shannon Award Katherine Ireland Twomey Law School Alumni Association Katherine Ireland Twomey Best Note Award Robert E. Goldsten Award for Alicia Nicole Ellington Roger Distinction in the Classroom Roger and Madeleine Traynor Prize Liam James Montgomery Kelly Elizabeth Phipps Herbert Kramer/Herbert Bangel Elizabeth Carolyn Coe Community Service Award Mortimer Caplin Matthew Taylor VanWormer Public Service Award Edwin S. Cohen Tax Prize Jordan Kyle Field Rebecca Solomon Brown Following Finchem’s remarks, 403 J.D. graduates and Earle K. Shawe Labor Timothy Francis Kennedy Relations Award 38 LL.M. graduates received diplomas from Dean John C. Jeffries Jr., ’73 in his final commencement as dean. Jeffries stepped down in July and will return to teaching after a John M. Olin Prize in Timothy Francis Kennedy Law and Economics yearlong sabbatical. “In 32 years I have not seen your equal,” Eppa Hunton IV Memorial said Jeffries, who has taught at the Law School since 1975. Book Award “I hope you will not mind accepting me just for today Virginia Trial Lawyers as a member of your class. I am proud to leave in your Trial Advocacy Award Meghan Kathleen Casey Liam James Montgomery company.” Virginia State Bar Family Michelle Lee Harris Law Book Award Matthew Taylor VanWormer Stephen Pierre Traynor Award Rebecca Lynn Mroz Daniel Rosenbloom Award Donald Burke Alicia Nicole Ellington Christopher Michael Hammer UVA Lawyer • fall • 2008 | 19 Law School News Clerkships for the 2008-2009 Term* Kenneth Winn Allen The Honorable James S. Sutton U.S. Court of Appeals for the Sixth Circuit William Bushman The Honorable Robert G. Doumar ’53, LL.M. ’88 U.S. District Court, Eastern District of Virginia Ian Atkinson The Honorable Sarah S. Vance U.S. District Court, Eastern District of Louisiana Elizabeth Canter The Honorable M. Blane Michael U.S. Court of Appeals for the Fourth Circuit Jen Attrep ‘06 The Honorable Richard J. Leon U.S. District Court, District of Columbia Meghan Casey The Honorable J. Frederick Motz ’67 U.S. District Court, District of Maryland Locke Beatty The Honorable Louise W. Flanagan ’88 U.S. District Court, Eastern District of North Carolina John Cooper The Honorable Boyce F. Martin, Jr., ’63 U.S. Court of Appeals for the Sixth Circuit James Matthew Belger The Honorable William B. Chandler, III Delaware Court of Chancery Nikki Ellington The Honorable T.S. Ellis III U.S. District Court, Eastern District of Virginia Jeffrey Bender The Honorable Robert R. Beezer ’56 U.S. Court of Appeals for the Ninth Circuit Laura Fairneny The Honorable Legrome D. Davis U.S. District Court, Eastern District of Pennsylvania Sarah Betts The Honorable Raymond A. Jackson ’73 U.S. District Court, Eastern District of Virginia Ryan Faulconer The Honorable T.S. Ellis III U.S. District Court, Eastern District of Virginia Lincoln Bisbee ’07 The Honorable Benson E. Legg ’73 U.S. District Court, District of Maryland Neely Fedde ’02 The Honorable Kathryn H. Vratil U.S. District Court, District of Kansas Andrew Bosse The Honorable James C. Cacheris U.S. District Court, Eastern District of Virginia Matt Fitzgerald The Honorable Edward Carnes U.S. Court of Appeals for the Eleventh Circuit Katie Burke The Honorable Beverly B. Martin U.S. District Court, Northern District of Georgia Gabe Galletti ’04 The Honorable Peter G. Sheridan U.S. District Court, District of New Jersey Matthew Gessessee ’07 The Honorable Patricia Seitz U.S. District Court, Southern District of Florida *All are members of the Class of 2008 unless otherwise noted. 20 | UVA Lawyer • fall • 2008 Millie Grinstead The Honorable W. Keith Watkins U.S. District Court, Middle District of Alabama Kristin Hall The Honorable Benson Everett Legg ’73 U.S. District Court, District of Maryland Chris Hammer The Honorable Robert Young Michigan Supreme Court Grayson Holmes The Honorable Stanley F. Birch, Jr. U.S. Court of Appeals for the Eleventh Circuit Bill Hughes The Honorable I. Leo Glasser U.S. District Court, Eastern District of New York Devin Huseby The Honorable Ancer Haggerty U.S. District Court, District of Oregon Tim Johnson ’06 The Honorable I. Leo Glasser U.S. District Court, Eastern District of New York Jonathan Lasken The Honorable William T. Moore, Jr., LL.M. ’01 U.S. District Court, Southern District of Georgia Mark Lentz The Honorable Andrew J. Kleinfeld U.S. Court of Appeals for the Ninth Circuit Laura Manion The Honorable Lynn Nettleton Hughes LL.M. ’92 U.S. District Court, Southern District of Texas Law School News Laura McCready The Honorable Louise W. Flanagan ’88 U.S. District Court, Eastern District of North Carolina Ray McKenzie The Honorable James Spencer U.S. District Court, Eastern District of Virginia Rebecca Merritt The Honorable William H. Pryor Jr. U.S. Court of Appeals for the Eleventh Circuit Brian Rabbitt The Honorable Henry Hudson U.S. District Court, Eastern District of Virginia Katie Schleeter The Honorable Rebecca Beach Smith U.S. District Court, Eastern District of Virginia Coleen Schoch The Honorable James C. Cacheris U.S. District Court, Eastern District of Virginia Liam Montgomery The Honorable Diana Gribbon Motz ’68 U.S. Court of Appeals for the Fourth Circuit Ben Segarra The Honorable William Cassady U.S. District Court, Southern District of Alabama Derek Moore ’06 The Honorable Douglas H. Ginsburg U.S. Court of Appeals for the District of Columbia Circuit Dan Shean The Honorable Norman K. Moon ’62, LL.M. ’88 U.S. District Court, Western District of Virginia David Mroz The Honorable Liam O’Grady U.S. District Court, Eastern District of Virginia Natalie Shonka The Honorable Stefan Underhill U.S. District Court, District of Connecticut Sinead O’Doherty The Honorable Richard Williams ’51 U.S. District Court, Eastern District of Virginia Prisca Shrewsbury The Honorable John Rogers U.S. Court of Appeals for the Sixth Circuit Charles Paradis The Honorable John Heyburn U.S. District Court, Western District of Kentucky Lucien Smith The Honorable Rhesa H. Barksdale U.S. Count of Appeals for the Fifth Circuit James Parker The Honorable Leslie Southwick U.S. Court of Appeals for the Fifth Circuit Kelly Phipps The Honorable James G. Carr U.S. District Court, Northern District of Ohio Tom Pietro The Honorable Yvette Kane U.S. District Court, Middle District of Pennsylvania Selina Spinos The Honorable Rebecca Beach Smith U.S. District Court, Eastern District of Virginia Tim St. George The Honorable Robert E. Payne U.S. District Court, Eastern District of Virginia Justin Torres The Honorable Kurt D. Engelhardt U.S. District Court, Eastern District of Louisiana Katherine Twomey J. Harvie Wilkinson III ’72 U.S. Court of Appeals for the Fourth Circuit Jesse Unkenholtz The Honorable R. David Proctor U.S. District Court, Northern District of Alabama Kyle Wallace The Honorable Rhesa H. Barksdale U.S. Court of Appeals for the Fifth Circuit Terence Woodsome ’05 The Honorable Jeremy D. Fogel U.S. District Court, Northern District of California Stephanie Wright The Honorable William D. Quarles, Jr. U.S. District Court, District of Maryland Christopher Yeung ’07 The Honorable D. Brooks Smith U.S. Court of Appeals for the Third Circuit Supreme Court of the United States Porter Wilkinson ’07 The Honorable John G. Roberts, Jr Kate Stanley ’06 The Honorable Paul S. Diamond U.S. District Court, Eastern District of Pennsylvania UVA Lawyer • fall • 2008 | 21 An Interview with PAUL MAHONEY A S A SCHOLAR, Paul Mahoney has been UVAL: You first arrived here in 1990, and aside from a few published in leading journals of law, finance, visiting professorships and some work in the developing world, accounting, and economics, demonstrating you’ve never left. a range of output and intellectual interest that makes him one of the leading academics PM: That’s right. This has been my home for my entire of his generation. And so he begins his deanship with the academic career. The thing that most attracted me to admiration of the faculty and the legal academy and an Virginia was the sense of collegiality and common purpose appreciation of the challenges that face Virginia. Competition among the faculty. This is not a place in which people feel for the finest students and professors is fierce and unabating. that in order to disagree with someone, you must make Mahoney sees Virginia as the ideal in legal education and an enemy of that person. People here can disagree quite intends to promote its hallmarks — serious scholarship, passionately about things but still remain friends. I think teaching excellence, and the quality of the student experience that is an under-appreciated skill. — to support that claim. Mahoney is committed to bridging The other thing that attracted me was the immense what is unique about Virginia – its culture and humanity, sense of intellectual seriousness here. One easy way to the civility and public-mindedness of its graduates — with measure that is to compare how often the faculty are here in its proper place as a leader among law schools. The Virginia the building talking to one another in comparison to a lot example, in Mahoney’s opinion, should influence legal of other law schools. education everywhere. He makes that case in the interview that follows. And then, of course, there’s the fact that the students are happy, which is simply wonderful. Without naming names, I’ve been to law schools in which the students are told by their peers the day they arrive “you’re going to be miserable here and the objective is to survive it.” And, of course, they believe and react to that and it becomes self-fulfilling. Here incoming students hear from their peers “you’re going to love it here, you’re going to have a great time and you’ll be happy” — and they are. 22 | UVA Lawyer • fall • 2008 DEAN PAUL MAHONEY UVAL: What do you think accounts for that? UVAL: The admissions process in every law school has become more systematic and, some might say, impersonal. Is PM: I don’t have a very good theory about that. One thing I do know from my academic work is that there that an issue for admitted students when deciding between Virginia and another top law school? are many things in life where if you’re in a particular equilibrium — whether good or bad — it’s relatively easy to PM: Well, the good news is that because of the size stay there. What’s hard is to move from one to another, so of the investment that students make in their legal I’m glad that we are in a very good place when it comes to education — and I’m not, of course, just talking about the student experience. tuition; I’m also talking about giving up three years of potential earnings while they attend law school — students UVAL: What can you do as dean to keep it going? take their decision very, very seriously. That means that most of them, once they’ve made an initial winnowing of PM: The main thing I can do is always remind the their list, will try to spend some time at the different law faculty of what I love about this institution, which is that schools. If we can get an applicant here to the Law Grounds, teaching and the student experience come first. We are we’ve got a very good chance of convincing that student to very focused on quality teaching. After all, the students are come to Virginia because they immediately see all of the here to get an education first and foremost. They really special things that I’ve just talked about. I think we show appreciate the fact that the faculty are trying hard to deliver very well in comparison to most schools. the best educational experience. It’s easier to be happy when you think that the people who are running the Law School UVAL: You have cited faculty free-agency as the most and the people who are teaching in the Law School have important challenge to the Law School. How does that affect your best interests at heart. the legal academy and how does it affect students? UVAL: What are the “crown jewels” of the Law School? PM: Faculty movement makes it harder to maintain the special culture of your institution. I said just a moment PM: I think the Law School has several crown jewels: ago that once you’re in an equilibrium, it’s easier to stay the student culture, the faculty culture, and the physical there than to move from one to another. That is in part a environment. This is a lovely place. We’re in a wonderful function of what in game theory we call “repeat play,” which small town, one of the nicest places to live I’ve ever seen. We is that you’ve got the same people interacting with one have an attractive building that still amazes those of us who another time and again. When that premise is no longer remember the old Withers-Brown Hall. Our faculty is just true and you’ve got new people all the time interacting with magnificent. They’re very student-focused, but at the same one another, then it becomes much harder to maintain time they’re exceptional researchers. whatever it is that defines your institution. The higher your The faculty is also extremely analytical in its scholarship. rate of turnover, the more effort the dean and other faculty They are really looking for the truth, if that doesn’t sound leaders have to make to assure that all of the special aspects too trite, as opposed to just getting up on a soap box and of our culture — the collegiality, the sense of intellectual preaching. seriousness and purpose, the rigor of the scholarly enterprise — all remain intact. From a financial standpoint, schools try to attract other schools’ professors by offering them more money just the way any other business would. I don’t think that makes us different from any other part of the economy. That’s just the way you compete to get the people you want. That certainly used to be less true but all law schools have to adapt to it and we’re certainly adapting to it as well. 24 | UVA Lawyer • fall • 2008 DEAN PAUL MAHONEY UVAL: How do we identify new talent? PM: We are constantly on the lookout for new scholarship that looks interesting and exciting. We pay a lot of attention to what our peers at other schools are doing in their scholarly work. And, of course, we make sure before we hire someone that they are going to embrace the fact that excellent teaching and collegiality matter a lot here. On the entry level, I’ll just repeat a boast that I often make: we are the best talent spotters in the business. We work incredibly hard during the entry-level hiring season to identify young people who have the potential to be first-rate scholars and effective teachers. We bring them in to give a job talk. We have them meet with our students and take seriously the student reaction. We are willing to take a certain amount of risk with people who might have slightly less gaudy resumes but in talking to them and reading their scholarship we can say, “Hey, this person seems pretty interesting.” UVAL: Do we stress these entry-level hires more than other top law schools? PM: If you look at the very top law schools, they tend UVAL: How about the students? to rely a little bit more on lateral hiring versus entry-level hiring. We tend to get more of our faculty on the entry level, PM: I think it has less impact on students. They’re here so we put a lot of effort into the entry-level hiring process. for only three years at a time, so they don’t see as much of the turnover over the long run as we do. It is important to UVAL: Can you tell us a little bit about our new Harrison realize that we’re constantly bringing in fantastic teachers. Professor, Fred Schauer, who was formerly the Academic The new people that we hire are really wonderful teachers Dean and Acting Dean of Harvard’s Kennedy School of themselves and so we’ve been able to maintain our student- Government? focused culture in the face of increased turnover. That means the turnover has less of an impact on the students. Now, having said that, in modern law school life there PM: Fred Schauer is one of the most impressive scholars I’ve ever met. His work both on free expression are blogs and other online resources that pay tremendous and jurisprudence have been absolutely path breaking attention to all of these moves. That can create some anxiety and have made him one of the nation’s most influential among the students, not because it has a direct impact on legal theorists, so I am extremely excited that we were their education but because they fear it’s going to affect able to recruit him. That’s particularly true because he’s the long-run reputation of the school. Fortunately, I think a wonderful colleague. He’s very engaged. He likes to talk that we’ve been able to get the message out to them that about his work. He likes to talk about other people’s work. we’re not the only people affected by this constant moving He likes to talk about ideas, so he just fits perfectly with this around of professors. It’s happening all over the country. faculty. We’re constantly bringing in first-rate people so it’s not something that concerns us nor is it something the students need to be concerned about. UVA Lawyer • fall • 2008 | 25 DEAN PAUL MAHONEY UVAL: Let’s change gears and talk about the effect of financial self-sufficiency. It has been a boon to the Law School, but it has also elevated tuition. Can you explain the reason for the rise? PM: I think the best explanation is that we are responding to what our customers want. If you try to compete in the top tier of legal education by offering for less money a lower quality product — a less impressive faculty, a smaller selection of courses, lower quality courses — you’re going to lose out every single time to schools that offer a higher standard of service for more money. We have to be careful, of course, because preferences can always change and if they do, we’ll react to that. But if you are providing a service, ultimately, you have to take your cue from the buyers about what service they want and what they’re willing to pay for it. What you discover is that the type of student we want to attract is more sensitive to the quality of what they’re getting than they are to the price. UVAL: And we try to ease the cost by offering after-thefact loan forgiveness and before-the-fact scholarship money. PM: Exactly so. I have one overriding goal, which is that UVAL: The top private law schools have had decades to no one ever calls us up and says “I want to go to Virginia, build their endowments. We got started later and are playing but I just can’t afford it.” For now, we have solved that catch-up. Until we do, how do we compete — you have problem. I don’t think we’re losing people because we can’t used the term “punch above our weight — as we grow our provide enough financial aid for them to be able to afford endowment base? to come. The next step is to put yourself in a position where a PM: We punch above our weight by taking maximum student choosing between us and another law school is advantage of our competitive strengths — particularly choosing based on where they want to go rather than who is the student culture and the fact that our graduates are in offering them more financial aid. That’s a more complicated very high demand. We can tell students that if you come problem to solve. to Virginia, your job opportunities are every bit as good as But I think it’s important to recognize that because they would be at any other law school and you’re going to of the Virginia Loan Forgiveness Program, students enjoy the experience on top of it. That’s a pretty attractive who go into public service or into private practice in the package right there. underserved areas of the Commonwealth are able to have Our graduates are in incredibly high demand in a significant amount of their educational debt forgiven. Of the marketplace because we produce, and always have course, for the students who end up in private practice in produced, a different kind of lawyer — a lawyer who is able big city law firms, the burden of that student indebtedness to work in teams and represent clients effectively yet remain is quite bearable. civil and not succumb to the temptation to use scorchedearth tactics. Our graduates come out not just with legal skills but with interpersonal and leadership skills that make them able to punch above their weight in their careers. Add the fact that they’re actually going to enjoy themselves here 26 | UVA Lawyer • fall • 2008 DEAN PAUL MAHONEY and that means that we’re able to attract students even in been out in the real world and who can help make that competition with schools that are better funded than we are. context very real for them. On the faculty side, our competitive success turns I think those three things are transferable to other areas on two important factors: one is simply our ability to of the curriculum. Public service seems to me one in which spot talent. If we’re the only people who figure out that we can more carefully integrate all of the pieces because we a particular person is going to be really great, then we’re have a lot of wonderful things going on at the Law School. going to get that person. The other advantage is that this They are perhaps a bit more diffuse and we can better is a wonderful place for faculty. People tend to thrive integrate them and try to give the students a better sense of here—it’s amazing to think of all the highly influential context, a better sense of sequencing, and expose them even scholarship that’s been produced in this building during the more to the people who make a difference in the real world. time I’ve been here. And that takes place in a very pleasant atmosphere. The professors are happy. The students are happy. For a lot of people, that’s hugely attractive. UVAL: By what criteria will you measure the success of your first term? We are able to sustain that scholarly influence because of the sense of intellectual purpose that I spoke about earlier. PM: I would measure it by the quality of the students People are excited about their research here. They’re talking that we’re attracting, the quality of the faculty that we’re to one another about their research. There’s a real synergy attracting, and the influence and productivity of our faculty that we’ve built up in scholarship on the faculty that makes on the scholarly side. We care a lot about placement success. each of us more effective than we would be if we were just We care a lot about student quality. We care a lot about off on our own somewhere. what employers think about our students. We care about what our peers think about the quality of the scholarship UVAL: It’s almost a flywheel effect: a place known for our faculty produces. Now, you can argue and many collegiality and intellectual excellence attracting that type of have, so I don’t need to rehash it, that the way U.S. News student and faculty. measures those things doesn’t make a lot of sense, but that’s different from saying that those are irrelevant things. Those PM: There’s a definite self-selection here. I think it is pretty well understood out there in the world that if you things matter and I want to make sure that we’re doing well in all of those areas. value collegiality, civility, balance between work and family and friends, that this is a much better place to be a law student or professor than most other law schools. UVAL: Financial self-sufficiency is something you continue to talk about. Even though John Jeffries did it for a number of years, it still needs to be restated from time to time. UVAL: You plan to replicate the contextual approach used by the Law & Business Program in a new program devoted to public interest law. PM: One of the things that surprised me in my first month and a half as dean is that I can run into alumni, talk to them about the Law School, and discover that PM: Yes. Three things really define our Law & Business financial self-sufficiency is still news to them. It’s quite Program. First, we give the students a lot of information clear that that’s something that I’ll be talking about during about context — how do business problems arise in the real my deanship, just as John spoke about it during his. In world, what’s the vocabulary in which they’re expressed, some sense, that’s not surprising. The notion that we and what is the lawyer’s role in helping to solve those are a public law school that receives no state support is problems. Second, we try to provide students with a sense non-intuitive, but it’s very real. I’ll keep talking about it of progression after the first year, instead of the typical free- everywhere I go because it’s an important part of our story for-all when students just take courses that interest them. and our future. Instead, we’re trying to give them a sense of sequencing and progression from one course to another. And, third, we expose them to people who have been in business, who’ve UVA Lawyer • fall • 2008 | 27 Mahoney Taps Ryan ’92 to Lead Public Interest Law Program Course structure to be modeled after successful Law & Business Program Cullen Couch 28 | UVA Lawyer • fall • 2008 I N ONE OF his first strategic moves as the Law School’s new dean, Paul Mahoney has charged academic associate dean Jim Ryan ’92 with creating a new program in public interest law. Mahoney envisions a program with a curricular structure like the Law & Business Program, which takes students all the way from foundational classes in finance and accounting to high-level seminars in M&A and private equity. “Jim comes to this with tremendous credibility,” said Mahoney, “because he is not only passionately committed to public interest, but he’s a first-rate legal scholar and teacher who will have immediate credibility with our students. He also has very good contacts with people in the public interest world. I see him doing some of what I did at the very outset of the Law & Business Program.” Ryan, who once clerked for the late Chief Justice William H. Rehnquist, is the William L. Matheson & Robert M. Morgenthau Distinguished Professor of Law and Joseph C. Carter, Jr. Research Professor. He joined the faculty in 1998 and has earned a national reputation for his scholarship on public education finance, desegregation, and school choice, and has developed a course that extends his research into the classroom titled, “Schools, Race, and Money.” Before joining the faculty, Ryan spent two years in a public interest fellowship at a law firm in New Jersey, working solely on pro bono cases. Third-year Phil Storey (far left) and the Rivas family from El Salvador. Storey and the Law School’s Immigration Clinic helped Gabriel Rivas (third from left) become a naturalized U.S. citizen. Storey realized, “I can help people like them, delivering legal services to those who need it but can’t afford it.” The Immigration Clinic is just one part of the Law School’s public service curriculum. UVA Lawyer • fall • 2008 | 29 PUBLIC INTEREST LAW Law School Launches Innocence Project By Mary Wood THE MURDERER HAD worn a dark hooded sweatshirt. So during the trial when prosecutors showed an eyewitness a photo lineup of six men and asked if any was the perpetrator, they took care to conceal any trace of clothing in the photographs. But the witness had already seen the photos during an interview with police, when the defendant was “the only person you can see clearly wearing the dark hooded sweatshirt in the line-up,” said Jen Goodlatte, a third-year student participating in the Innocence Project at the University of Virginia School of Law. Goodlatte’s recent discovery is the Deirdre Enright ’92 and clinic students kind of revelation students in the clinic hope to use to exonerate innocent people evidence. Many of the Virginia clinic’s cases and the clinic will eventually focus on a convicted in Virginia, many of whom are are referred from the Innocence Project and select few. Over the year students will victims of poor lawyering or discredited the Mid-Atlantic Innocence Project. interview prison inmates and ex-inmates police techniques. Launched in June, the “This is sort of the dream class if you’re and help gather evidence to make a case clinic is part of the Innocence Network, a law student because it involves great an international affiliation of organizations issues for research that are topical — DNA, dedicated to overturning wrongful new techniques in DNA, new testing, researched cases in which DNA evidence convictions. The Innocence Project, a eyewitness ID, jailhouse informants, poor cleared inmates last year for Law School national organization started by lawyers lawyering, poor prosecuting — it’s all these Professor Brandon Garrett, which triggered Barry Scheck and Peter Neufeld, is a great cutting-edge issues,” Enright said. his interest in the clinic. “I wanted to do founding member of the network. “The Innocence Project at UVA School Enright represented death row inmates in Mississippi and Richmond before for exoneration. Third-year law student James Cass what I could to get involved so we could get innocent people out of prison,” Cass said. of Law will bring critical expertise and starting the Virginia Capital Resource Students have been dismayed to learn resources to investigating wrongful Center’s office in Charlottesville with of the lack of support for court-appointed conviction cases,” Neufeld said. “We her husband, Capital Post-Conviction attorneys. Though there are now public know that innocent people are convicted Clinic instructor Rob Lee. As a practicing defenders’ offices in some larger cities in and spend years or decades in prison in lawyer, Enright may be best known for Virginia, court-appointed attorneys are Virginia, and this clinic will help exonerate representing Darrell Rice, who was accused still paid only $390 per felony if it carries more of them.” of a pair of murders in Shenandoah a possible sentence of 20 years or more. National Park and also, briefly, of being There is no cap on death penalty cases. Led by Deirdre Enright ’92, an experienced capital post-conviction lawyer, the Route 29 stalker. He was indicted in the clinic includes 12 students each year and the national park murders but the charges we still remain among the lowest-paid will soon employ a full-time investigator to were dismissed. criminal defense lawyers in the United help collect evidence for appeals. Unlike the Innocence Project, the Virginia clinic will consider cases without DNA 30 | UVA Lawyer • fall • 2008 Students in the six-credit clinic, many of whom have experience with innocence cases, are each examining a potential case “Even after we raised our fees for cases States,” Enright said. Third-year law student Dennis Barrett recalled reading a trial transcript from PUBLIC INTEREST LAW When Ryan was a student at the Law School in the late ’80s and early ’90s, there was relatively little support for those interested in pursuing careers in public service. “It one of the cases the clinic students are was a hard go for people who were interested in that line considering. of work,” he recalls. “It was much easier to get a job at a law “I kept reading through the court transcript thinking there’s got to be firm.” Nevertheless, in the ensuing years, demand in the Law School for a greater public interest footprint grew. something more, and then it just ends. The Law School established in 1996 the Mortimer How has this guy been in prison for 15 Caplin Public Service Center, which became the focal years based on one shady witness?” Barrett point for public service programming and outreach. Since said. “If the general public saw some of the then, the center has become a vital part of the Law School, facts behind these cases they would just especially with the encouragement of former dean John be aghast.” Jeffries ’73. Jeffries supported a robust pro bono program Eyewitness misidentification has (which now includes partnerships with Hunton & Williams been a factor in more than 75 percent of and McGuireWoods) and expanded the clinical faculty. wrongful convictions overturned with Perhaps more importantly, Jeffries made the Virginia Loan DNA testing, according to the Innocence Forgiveness Program more generous and created the Powell Project. Fellowships, which provide funding to students who, after “Eyewitnesses are really unreliable, particularly if they are frightened at the time graduation, work with public interest organizations. Mahoney and Ryan see the program in public interest of the event and when they’re making their law as the natural next step for the Law School to take. identification,” Enright said. “And yet they’re Scheduled to launch in the fall semester of 2009, Ryan is the most believable to jurors.” assembling an advisory committee of alumni (to be chaired Enright herself decided to become by Mortimer Caplin ’40) representative of the diversity of a lawyer after working with a law firm in public interest careers. They will help shape the program in Washington, D.C., on a death row case public interest law, which Ryan hopes to build around three in which her efforts helped exonerate a core principles: curriculum, community, and commitment. Texas inmate. “He had been strapped to the gurney twice before that, and I just thought it was a life-altering experience, Curriculum — Community — Commitment and I made the unfortunate promise during it that I would go to law school if Students pursuing careers in public interest face unique we got him released. educational and career challenges not common to students “You’re representing people who you pursuing more private sector career paths. Mahoney and are certain at the end are innocent of what Ryan believe these students will benefit from core public they did and I can’t think of anything more interest curricular offerings and from a strong, supportive motivating for a law student or for me,” community of students and faculty committed to their Enright said. public interest career goals. Second-year law student Amy Pentz The main challenge is to tease out the fundamentals that said she’s already realized the need to pay all those careers share and create at least one or two core attention to how law affects real people. courses that teach them to all students interested in public “It’s important for everybody who’s service, whatever their ultimate career choice. These courses going into the law to realize that the legal would tie together the expanded curriculum into a cohesive system at times fails people, and it’s our structure, and enhance the community of public interest job to use our skills to uphold its integrity,” students by providing a common academic experience. she said. The program will also be introducing new short courses UVA Lawyer • fall • 2008 | 31 PUBLIC INTEREST LAW to supplement the already wide selection of substantive Finally, Mahoney has asked Ryan to increase the Law courses and clinics the Law School offers on criminal law School’s overall commitment to public service. The existing and procedure, civil rights law, public international and pro bono program has worked well. It challenges the many human rights law, poverty and housing law, child advocacy, law students who participate to perform 25 hours of pro family law, and elder law. As Ryan explained, “We plan bono work a year and then recognizes those who have to bring to the Law School prominent practitioners in met that goal. Still, “we should continue to emphasize that the broad field of public interest law who will share their even young lawyers in firms can and ought to do public knowledge, experience, and passion with students and offer service work, whether it’s through the law firm’s pro bono them a classroom experience typically unavailable in a program or outside of it,” says Ryan. “Over 90 percent of traditional course.” our graduates end up in private practice, at least initially. Reaching that audience is crucial. The program can be relevant to all law students, as it brings them in to the world These courses would tie together the of public service and educates them about the diverse array of opportunities they’ll have to serve the public in one way expanded curriculum into a cohesive or another, regardless of their career paths.” structure, and enhance the community High Aspirations of public interest students by providing Ryan’s interest in public service began at an early age. He a common academic experience. followed the lead of his parents who always emphasized, and demonstrated by example, the importance of giving back to the community. Ryan felt that, for him, the law Students also face basic obstacles when seeking was the best vehicle to do that. And he was right. When permanent public interest employment, not the least of Ryan did his pro bono work in New Jersey, he “loved every which is considerable financial sacrifice. In addition, most minute of it.” public interest organizations don’t have the budget to travel Ryan recognizes that it can be difficult for students to the Law School to interview interested students. “The to find a public interest job and to handle the financial more the Law School can do to support that community sacrifice that comes with those jobs. But he encourages and provide its own affirmation of public interest career students who are interested in public service to persevere. choices, the better,” says Ryan. “In my experience,” Ryan says, “the students who stick it out Mahoney’s goal is to develop a program that ensures end up very glad that they did. They may not get paid all the Law School is fully supporting the public interest that much, but they get tremendous satisfaction from their community, and providing guidance to students pursuing jobs.” permanent careers in the public interest arena. The Ryan has high hopes for the program. He thinks the community will include faculty who serve as advisors and Law School is underrated at the moment when it comes mentors, and alumni who can help students overcome the to public interest law, which he believes is a holdover from barriers to a public interest career. “It is very difficult to get a decade ago. He would like to change that impression. “I an entry-level job in a public interest organization right would like Virginia to be a place law students attend not out of law school,” says Ryan. “Public interest organizations despite their interest in public service but because of it,” tend to hire experienced lawyers. In addition, many students Ryan says. “Simply put, Dean Mahoney and I would like graduate with financial burdens, so they have to go into the Law School to become the best place in the country private practice with the hope of then switching to a public to attend if you are interested in preparing for a career in interest organization. The program could help students public service. It’s a challenging goal, for sure, but one we manage that transition by extending some career assistance aim to meet.” beyond the three years that they’re here.” 32 | UVA Lawyer • fall • 2008 Former Prosecutor Returns to Admissions Office Rob Seal W HEN HE WAS a Law School student, decides whether they get in, and helps admitted students Jason Wu Trujillo ’01 never pictured find ways to pay for their legal educations. himself as the head of the school’s admissions and financial aid office. “The only career I ever prepared for was to be a prosecutor,” he said. “I came to law school knowing I wanted He replaces Susan Palmer, who left the Law School this summer to take a position as the associate dean for student affairs at the University of South Carolina School of Law. Dean Paul Mahoney said he is deeply grateful for to be a prosecutor. The entire time I was in law school, I Palmer’s contribution to the school’s success, and that never really thought about doing anything other than being Trujillo is the perfect choice to replace her. a prosecutor.” But on July 1, Trujillo was promoted to senior assistant “Susan modernized our admissions operation and brought a personal warmth and elegance to all of her dean for admissions and financial aid, and is now tasked many interactions with applicants,” Mahoney said. “And I with heading the office that recruits potential students, can’t imagine a better choice than Jason Trujillo as senior UVA Lawyer • fall • 2008 | 33 JASON WU TRUJILLO assistant dean for admissions and financial aid. Jason I think we’ve got a good thing going. It needs to be combines admissions experience, a broad appreciation for tweaked and needs to be more efficient, and we need to get the institution’s goals and culture and a tremendous skill behind the new technology, but all of that is moving in the for communicating and working with other people. As a right direction. graduate of the Law School, he also understands the special qualities of this institution and its students.” Trujillo recently discussed his new role and outlined some of his goals for the admissions and financial aid office. Q: How does evolving technology affect the admissions process? A: In the old way of doing things, you or one of your admissions officers would go and fly out to the University Q: What changes do you see occurring in admissions during your tenure? A: The biggest change I foresee is that in five years I of California at Berkeley, for example. We’d get on a plane from Charlottesville and we’d go to Washington, D.C., and then finally to Berkeley. We would give out brochures that want the entire admissions and financial aid process to be we’ve spent a lot of money producing. And we’d stand completely paperless. Right now it seems that’s easier to behind a table for three hours or so and answer questions, do in financial aid — in fact we’re almost there — but in most of which could be answered simply by looking at our terms of the admissions process, I want it to be completely Web site. And some of the applicants now say things like, paperless in five years. We need to be more efficient with “Oh, I don’t need a brochure because I’ve seen that online.” our time and with our efforts. And to that end, I see one of That’s totally different from a few years ago, when people my major roles being to make the admissions and financial were dependent on paper. aid office, and particularly the admissions processes, more efficient and more effective in everything we do. Q: What are some of the changes already underway? A: Next year we’re going to send out all decisions via e-mail, with the exception of offers. So if we make you an I think that some of the admissions travel offer, of course we will send you a very nice letter on very nice letterhead. But we will use e-mail to notify people who could be cut back a little bit, because we we don’t make an offer to or people we put on the waiting list. can do more effective outreach via e-mail We tested that in part this year. We are slightly overenrolled for the fall class, and it’s pretty clear that we aren’t and be more responsive to people who going to be able to take anyone else from the waiting list. So we released people from the waiting list via e-mail. actually contact us. Previously, we had done that by paper. But I think people would prefer speed over formality. Another thing that we are going to do is a lot more I have this little saying, but people have really taken to analysis as part of our admissions process. We need to see it, so I think it’s effective: There’s a big distinction between who we’re admitting, what messages resonate with them, work and effort. We put a little too much emphasis on and what we need to do to get them here. We’re going to try effort at this point, and not enough on work. Pushing up to use technology to do more work with less effort. against the wall requires a lot of effort but doesn’t really do anything, whereas pushing a box across a room is work, Q: What career path did you take after law school? because something is accomplished. A: Everyone always asks, “Well, how did you end up For example, I think that some of the admissions travel in admissions?” The answer is that it was completely by could be cut back a little bit, because we can do more accident. The only career I ever prepared for in law school effective outreach via e-mail and be more responsive to was to be a prosecutor, and that’s what I did when I left here. people who actually contact us. I was a prosecutor for a couple of years near my hometown in Bergen County, New Jersey. Then I saw in the 34 | UVA Lawyer • fall • 2008 JASON WU TRUJILLO alumni magazine that the school was looking for a director are important. I like to see how people write and what they of public service. I applied more out of curiosity than can contribute to the environment here. anything else. The next thing I knew, I was sitting across You could certainly fill the class with people with very the table from [then-Dean] John Jeffries, and he was saying high LSAT scores and very high GPAs who would not “Well, when will you be joining us?” contribute to the Virginia environment. I always tell people I really loved Virginia, I really loved this area, and I said when I go out on the road or when I speak to students to myself, “I’m going to give it a shot. If for some reason it here that having great grades and a great LSAT score are doesn’t agree with me, or I don’t agree with them and they necessary, but not sufficient, criteria for getting in here. Our don’t like me, I can always go back to being a prosecutor incoming students are students for three years, and then back home in New Jersey.” they are alums for 50 years. So I always say, “Do I want this I was the director of public service for one year, and I was asked to move over to become the director of person wearing the Virginia brand out there in the legal profession?” admissions. I admitted three classes, the classes of ‘08 ‘09 and ‘10. So last year was the year in which I was involved in the admission of every student in the building. We want to know how these people John Jeffries approached me last year and said that he was transitioning out as dean, and that he needed some behave in the classroom and how help in the dean’s office. I was promoted to assistant dean and moved over to the dean’s office for a year. they’ve performed at their job. Personal And then Dean Paul Mahoney approached me and said that it was his desire to reassign me to admissions upon the statements are important. I like to see departure of Susan Palmer, and he promoted me to senior assistant dean for admissions and financial aid. Q: How is it working with the administrators and staff in how people write and what they can contribute to the environment here. your office? A: I was on the hiring committee that hired both Courtenay Seabring Ebel, the director of admissions for recruitment, and Jason Dugas, the director of admissions When I was out there as a litigator, it was very obvious for communications and outreach, so I’m certainly happy that certain attorneys look back on their law school years they are here. Jason Dugas and I were classmates, and fondly, and certain attorneys look back on their law school Courtenay was two classes behind us. And we have Cindy years with horror. And every Virginia grad I met really Burns, who is the director of financial aid and does a looked back fondly, and that’s something that I’d like to wonderful job. continue in the future. Virginia Law has what I consider to On the staff side, Holly Bennett is the backbone of be a very unique identity among the national law schools, the entire admissions operation and Sandy Harris is the and preserving that character is something that’s very backbone of the entire financial aid operation. Without important to me. We have the most loyal alumni in the them I’d pretty much have to quit. country, and I think there’s a reason for that. Q: What do you look for in prospective students? A: LSAT and GPA are obviously extraordinarily important, but the admissions process is definitely not mechanical. We will also look at letters of recommendation; we want to know how these people behave in the classroom and how they’ve performed at their job. Personal statements UVA Lawyer • fall • 2008 | 35 Faculty Briefs Faculty News & Briefs Dudley ’67 Retires From Second Career By Emily Williams E ARL DUDLEY’S LIFE holds many stories from two long and successful legal careers — first as a litigator and later as a Virginia law professor. He worked for Congress, and clerked for the Supreme Court. He even briefly served as a journalist during some of the most tumultuous years in U.S. history, sending wire stories overseas about the assassination of President John F. Kennedy. But at 11 months old, living in the Philippines in 1941, Dudley almost MICHAEL BAILEY didn’t get to live any of it. Japan was expected to bomb Manila, and Dudley’s father had sent his family to the mountains to take shelter. “My mother had me out for a stroll after breakfast when the bombing still love my job,” Dudley said during attack came in,” Dudley recalled. his retirement ceremony in May. “I what my students have given me,” wouldn’t leave now were it not for Dudley said. “The joy of knowing them, and Dudley almost lost his life when the fact that there are so many other working with them, watching them he couldn’t be revived by a doctor. A things I want to do before I die that grow as lawyers and blossom as people, quick-thinking nurse revived him with this work stuff is beginning to get staying in touch with them throughout gauze soaked in whiskey. seriously in the way.” their careers, meeting their spouses and His mother lost a leg in the attack, “I was very lucky. I had just a Dudley came to the Law School “No professional pleasure can match significant others and their children — I shrapnel wound in my left knee,” he to teach full time after 22 years as know that I have gained far more from said. a litigator, the last eight of which them than they could have ever possibly he spent as an adjunct professor, learned from me.” Since then, Dudley has made the most of his life. After 26 years at the Law driving to Charlottesville weekly from School, he will hang up his teaching hat Washington, D.C. to teach. to greet retirement with equal fervor. He taught many courses during Dudley’s competitive spirit drew him to the law as a high-school student. He competed in forensics his career, but was particularly fond and loved public speaking, a skill a goal I have harbored all of my of three: civil procedure, evidence and that would later benefit his career adult life, which is to retire while I trial advocacy. as a litigator. After graduating from “By leaving now, I am achieving UVA Lawyer • fall • 2008 | 37 Amherst College in 1961 with job was working for the Chief. I had hero of the day so he was giving a lot a history degree, he decided to an office in Justice Reed’s chambers, of speeches. I wound up writing the become a professor and enrolled in got to know him, which was a speech that nominated Jimmy Carter the American Studies program at wonderful part of the experience, but for president in 1976. That was a fun Harvard. After one year and a change the Chief treated me just like one of part of the job.” of heart, Dudley left the program. the members of his full-time staff.” The most important case Dudley Dudley had grown up admiring worked on in private practice worked in New York as a news editor at Warren. “It was a real dream come was Morrison v. Olson, which the international desk of United Press true to get to work for him,” he said. “I questioned the constitutionality International. But law school beckoned. admired him even more after I worked of the independent counsel statute For the next two years, Dudley that Congress passed in the wake of the Watergate scandal. The statute “He treats his students like colleagues and friends, created a way to investigate and prosecute officials high in the executive which makes for an exciting and positive classroom branch independently of the Justice Department. Morrison ultimately environment — his love of the law is infectious.” made it to the Supreme Court. “And we won,” Dudley said. This experience ultimately pushed him “UPI offered me the Little Rock bureau and I had to choose between for him than I did before.” After his clerkship, Dudley went into teaching law. “I really liked doing research and writing on my own and Little Rock and law school. I chose law into private practice, serving as a it was exciting stuff to write about. school,” he said. litigator at various firms throughout That was a major factor in convincing his career. He loved the challenge of me that I wanted to spend more time arguing. doing my own research and writing.” Dudley uprooted his wife, Louise, from New York and brought her to Charlottesville for law school, where “It’s the most civilized way to When he finally landed at the Law he served as editor-in-chief of the let your competitive juices flow,” he School as a full-time professor in 1989, Virginia Law Review and earned the laughed. “I enjoyed practice a great Dudley brought a career’s worth of Woods Prize for being the outstanding deal. I didn’t leave it as bitter as a lot of experience with him to the classroom. graduating student in 1967. people do these days. I left it because I “When I was in law school I thought a little bit about teaching law, “He treats his students like was enjoying the teaching I was doing colleagues and friends, which makes so much.” for an exciting and positive classroom but I was really interested in seeing Midway through his career as a environment — his love of the law is what law practice was like and so I litigator, Dudley was recruited to serve infectious,” said (then) third-year law went into practice, did it for a while, as general counsel to the U.S. House student Katie Schleeter ’08. “He was an and began to think more seriously Judiciary Committee under Rep. Peter important, positive force in shaping toward the end of the period about Rodino, who had previously chaired my experience here and has made teaching full-time.” the impeachment hearings that led to essential contributions to the lives of the resignation of President Richard innumerable UVA students.” Dudley’s law career started with a Former Dean John Jeffries ’73 said bang. He clerked for retired Supreme Nixon. Dudley not only served as Court Justice Stanley Reed and Chief general counsel, but also oversaw the Dudley’s extensive experience as a Justice Earl Warren. Reed shared a work of all seven subcommittees and litigator brought a new perspective to clerk with Warren so Warren could was Rodino’s speech writer. students. keep up with his overwhelming workload. “I did almost no work for Justice Reed,” Dudley recalled. “My full-time 38 | UVA Lawyer • fall • 2008 “He was in great demand “All of the courses and seminars because everyone had watched he taught were informed by Earl’s the impeachment proceedings on vast experience as a lawyer, so that he television,” Dudley said. “He was the wasn’t merely teaching our students Faculty Briefs subjects of importance to the law, he ceremony. “They sought his advice Robinson Slows Down Long Enough To Retire on every conceivable subject, advice By Mary Wood was teaching them how to be lawyers,” Jeffries said during Dudley’s retirement which I believe he bestowed with characteristic generosity. And in the end, they loved him.” Dudley also committed time M OST ACADEMICS DON’T property law and communications start teaching new classes and law. Rejecting the notion of a lighter to public service. He served on the writing new books at the end of their workload as he approached retirement, Virginia State Bar Committee on careers. So some of Glen Robinson’s he is co-authoring a casebook on Professionalism and was a member colleagues are a little surprised that communications law with Nachbar that of the boards of directors of the the law professor and former FCC will be published this fall. Stuart Stiller Memorial Foundation, commissioner is retiring this year. “It just seemed like the time to step the Disability Rights Center and the “He does not show any signs of aside,” Robinson said. “There comes a Center for the Study of Psychiatry. slowing down at all,” Professor Tom time when you just think it’s the right He was a public member of the ethics Nachbar said. “It’s going to be quite a thing to do.” committee of the American Association shock to me to actually see him retire.” for Marriage and Family Therapy, Robinson is wrapping up a career Just two years ago, Robinson began teaching the Law School’s intellectual and he has been an adjunct professor of scholarship and teaching that property survey course, even though at Georgetown University, as well as covered a wide breadth of topics, he’d never taught the subject before. a faculty member of the National including property, administrative Institute of Trial Advocacy in programs law, antitrust, torts, intellectual “My colleagues said I was crazy to try to do it,” Robinson said. in various cities. With his newfound free time in retirement, Dudley plans to write about his family’s genealogical history, travel with his wife, work on his photography portfolio, play as much golf as his back will allow and read the many books that he has forgone over the years because of his schedule. His family will take center stage in his retirement years. Travelling between Massachusetts, where his son lives, and Arlington, where his daughter lives, Dudley will spend much of his time with his children and grandchildren. “I’m going to miss a lot of things,” Dudley said. “I think perhaps most will be the students. They are the joy of the job. I really will miss my colleagues, friends; the classroom is fun. There are MICHAEL BAILEY lots of things I’ll miss, but not so much that I’m not going to retire.” UVA Lawyer • fall • 2008 | 39 Faculty Briefs before but now “worked hard to get In 2006 Robinson drafted amicus briefs for CBS v. FCC rid of them — with limited success.” and Fox Television Stations et al v. FCC, cases in which the considered one of the most infamous During his term the FCC complaints it would take up: whether media challenged FCC rulings on indecency. airing George Carlin’s “Filthy Words” monologue, broadcast by a radio station on a weekday afternoon in Intellectual property is now one of his where he taught subjects such as favorite subjects. administrative law and torts for seven This sort of scholarly curiosity has shaped Robinson’s career. Born and years. “It was a nice environment — very 1973, was illegal. In response, the FCC issued an opinion declaring that it had the power to regulate indecent raised in Utah, Robinson attended friendly, very social, high-quality broadcasting, but only noted the Utah State for two years before people,” Robinson said, but with incident in case future violations transferring to Harvard, where he “awfully cold” winters. happened at the station. The radio studied political theory. After that, Through what Robinson called station’s owners challenged the he decided to go to law school at a “series of accidents,” a friend opinion, and the case eventually made Stanford, which then had a small serving as a presidential adviser at its way to the Supreme Court as FCC program of fewer than 100 students, the Office of Telecommunications v. Pacifica Foundation, where justices because he thought he wanted to Policy recommended him for a vacant affirmed the FCC’s right to regulate practice on the West Coast. commissioner post with the Federal offensive content. “It turned out that that was really Communications Commission. He In recent years the FCC has quite a silly reason to go to Stanford,” didn’t get the initial appointment, become more active in pursuing he said, since he later decided to but when the next vacancy from a indecency cases, a tactic Robinson practice on the East Coast — because commissioner who was leaving his called a “sham,” particularly because “the quality of the law practice seemed term happened, “my name was just the FCC has declined to regulate better there.” sort of floating out there.” indecency via ubiquitous subscription He began his legal career at “They were looking for someone services such as cable television. Covington & Burling in Washington, who is a little bit independent and not “The whole thing is ridiculous,” D.C., where he initially focused on associated with any industry,” he said. Robinson said. “It turns out that it was communications law, helping “fat-cat He became one of seven FCC one of the decisions that I repented the broadcasters” in their “struggles” with commissioners at a time when they most. I really regretted my involvement the FCC. His practice was interrupted were considering some key issues that in the original decision.” for two years while he fulfilled his ROTC still reverberate today. commitment by serving with the Army “It took me about six months or In 2006 Robinson drafted amicus briefs for CBS v. FCC and Fox Armor Corps in Fort Knox, Ky., as a more before I had a good idea of what Television Stations et al v. FCC, cases in company commander of a tank unit. was going on,” Robinson said. which the media challenged FCC After a few more years practicing At the time the FCC was issuing rulings on indecency. Fox won its case law, including antitrust and food and decisions about introducing in a federal appeals court, and the drug work, Robinson decided to put competition into long-distance Supreme Court will hear it this fall. himself on the academic market. telephone markets. In the mass- The CBS case is still pending in the media area, cable television, which 3rd U.S. Circuit Court of Appeals. “I wasn’t learning anything new Although Robinson said the FCC or interesting in practice,” he said, had previously been constrained by though “I didn’t have much of an idea regulations imposed in the 1960s, was should back off indecency cases, he of what academic life would be like.” emerging as a major player. Robinson said it still has a significant role to play had helped craft anti-cable rules as in some areas. The FCC should have a privately practicing attorney years rules to enable competitive players In 1967 he secured a job with the University of Minnesota Law School, 40 | UVA Lawyer • fall • 2008 Faculty Briefs to enter the telecommunications interesting mind and take on things.” industry and should improve its Kristen Nugent ’08 took three since they decided they wanted their own material for the communications auction system for radio frequencies, classes from Robinson. “He has a very law class they have co-taught for he said. dry, witty sense of humor,” she said. the past two years. Nachbar praised “It was neat to have someone who had Robinson’s role as a mentor. “If it was up to me I think the FCC could probably be cut to half its size if been through it all teaching what had it was just doing what it needs to do,” gone down.” he said. “They certainly could curtail a lot of their activities.” Robinson said he’s better at interacting with students one on one. “He is the ideal colleague in every way,” Nachbar said. “He’s everything that UVA says that it is to junior faculty.” Robinson chose to leave the FCC for Virginia after he finished the final two years of his predecessor’s term. Teaching “focuses your mind. It gives you an opportunity His teaching load was initially light because of his commitment to the to explain something to yourself and that’s part of the Aspen Institute, an international nonprofit organization. He also learning process.” chaired the World Administrative Radio Conference, for which he led a 120-person U.S. team at a meeting “I’ve always liked teaching, though Robinson has no specific plans designed to allocate international I think teaching never liked me,” he for retirement, other than spending frequencies for uses ranging from said. Teaching “focuses your mind. It time with his two children and three satellites to airborne radar. gives you an opportunity to explain grandsons in New York and wife, Kay, something to yourself and that’s part a local Realtor. He wouldn’t rule out of the learning process.” teaching or co-teaching a course at the Although he taught administrative law, torts, antitrust, property and even evidence and criminal law, he didn’t In 2003 Robinson was appointed teach his first communications law the David and Mary Harrison course until 1996. Distinguished Professor of Law, the “There wasn’t a big demand for it, actually, partly because it’s perceived to be highly specialized,” he said. “There weren’t any books on the subject.” Property, while not one of “He is one of the foremost administrative law experts in the country,” then Dean John Jeffries ’73 student, remains one of his favorite ceremony. “His curiosity leads him courses to teach. “Students to this day to focus on puzzles in the law — hate it,” Robinson said. But, “it really is puzzles that sometimes lie within one quite wonderful in many respects — particular field, but that often do not.” While Robinson has written more than 40 articles on wide-ranging Robinson’s property course in 1993. topics and books on everything from “He’s very intellectually challenging the U.S. Forest Service to a casebook as a teacher,” she said. “Very early in on administrative law that has gone the class he gets the students to the through four editions, his latest labor hardest central question.” of love is the communications law As a colleague, “he’s been gracious and welcome and wonderful. He’s very smart and knowledgeable; he has an he mused. upon faculty. said during Robinson’s retirement Law Professor Liz Magill ’95 took “Or maybe I’ll take up golf again,” highest honor the Law School bestows Robinson’s beloved subjects as a sort of like doing Sudoko puzzles.” Law School in the future. casebook. Nachbar said he and Robinson have been hammering out the book UVA Lawyer • fall • 2008 | 41 Faculty Briefs Ken Abraham’s detainees. What both of these accounts and (g) and the 103(c) Exceptions,” at book, The have in common is the assumption Prior Art 2008: The PTO and CAFC Liability Century: that the “law” against which Perspective on Patent Law Section Insurance and interrogator’s conduct should be 102 Course of the Practising Law Tort Law From measured consists only of formal Institute in San Francisco. She also The Progressive prohibitions or formal orders. The began serving a two-year term on a Era to 9/11 was article argues that these accounts are National Academy of Sciences Board: published by false because this underlying the Board on Science, Technology, Harvard assumption is false. The article offers and Economic Policy, Committee on University Press. an alternative explanation, which takes Management of University Intellectual seriously the (sometimes) dissonance Property: Lessons from a Generation and (sometimes) harmony occurring of Experience, Research and Dialogue. Barbara in the space between de jure Armacost ’89 pronouncements and de facto practices Washington University Munich has just and the necessity of attending to the Summer Intellectual Property completed a law as it was understood as well as Program at the Max Planck Institute major project practiced by actors on the ground. in Germany. In July, she taught in the George that chronicles the unfolding story of In May, Margo Richard Bonnie interrogation abuses in U.S. detention Bagley was a ’69 continues to facilities during the Iraq/Afghanistan panelist spearhead war. She began the project discussing mental health immediately after the Abu Ghraib “Product By law reform in prison photographs were made public Process Claims” Virginia as and continued to document the at a patents Chair of the developing drama as more and more breakout session Commission on information became available. The at the Federal Circuit Judicial Mental Health Law Reform established resulting historical account, drawn Conference in Washington, D.C. She by the Supreme Court of Virginia. largely from the government’s own presented “Illegal, Immoral, Unethical After a major overhaul of the investigations, traces how the legal … Patentable? Issues in the Early Lives commitment laws was adopted positions contained in Army of Inventions” at a Living Properties/ unanimously in the General Assembly documents, military orders, legal Making Knowledge and Controlling in 2008 in the wake of the Virginia memoranda, and policy statements Ownership in the History of Biology Tech tragedy, the Commission will made (or lost) their way from the halls Workshop at the Max Planck Institute offer a second round of proposals in of Washington, D.C., to the for the History of Science in Berlin, 2009. interrogation cells of far-flung U.S. Germany; to the Summer Institute at detention centers. The article rejects the Drake University School of Law Bonnie made six presentations to both of the causal explanations that Biotechnology in Des Moines, Iowa; Virginia audiences regarding the have been offered to account for the and to the Intellectual Property Commission’s work, including abuses: on the one hand, that a few Scholars Conference at Stanford appearances before the Joint “bad apples” acted in knowing University School of Law. Commission on Health Care. He also violation of clear interrogation law, and, on the other hand, that high level officials ordered soldiers to abuse 42 | UVA Lawyer • fall • 2008 In June, she presented “102(f) During the May-October period, addressed several national audiences on the reform effort in Virginia and Faculty Briefs its implications for other states. They Albert Choi’s “A draft of the paper over the summer at included “Tragedy and Mental Health Rent Extraction the Law School’s summer faculty System Transformation in Virginia” at Theory of Right workshop series. the annual meeting of the American of First Refusal” Psychiatric Association in Washington, is forthcoming D.C., and “The Political Dynamics in the Journal of In September, of Mental Health Law Reform: The Industrial Anne Coughlin Economics. delivered the Virginia Experience” at the Annual Meeting of the American Academy of “Completing Contracts in the Shadow Hollins Psychiatry and the Law in Seattle. of Costly Verification” (with George University Triantis LL.M. ’86) was published in Annual University’s Institute on Aging and Under the joint sponsorship of the the Journal of Legal Studies. “Optimal Constitution the Miller Center for Public Affairs, Agency Contracts: The Effect of Bonnie organized and chaired a Vicarious Liability and Judicial Error Roanoke, Va. The title of the talk is conference, Voting in Long Term Care, (with Juan Carlos Bisso)” was “Where Have You Gone, Ruth Bader at the Law School in October, to call published in International Review of Ginsburg? Womens’ Rights and the attention to the need to protect the Law and Economics. Constitution.” In October, she gave a right to vote of residents of nursing Choi also participated in a number Lecture in paper, “Interrogation Stories,” in the homes and assisted living facilities of conferences and workshops this faculty workshop series at the as long as they have the desire to year, including Yale’s Corporate Law University of Georgia School of Law. vote and the necessary cognitive Roundtable; the Business Law and capacity to do so. At the conference, Innovation Conference at Columbia Bonnie and colleagues from the UVA Law School; the American Law and This fall, Department of Politics and Center for Economics Association Annual Michael Survey Research presented the results Conference at Columbia Law School; Doran’s article of a survey of voting practices in a Weil, Gotshal & Manges Corporate “Intergenera- sample of 500 long term care facilities Law Roundtable at Yale Law School; tional Equity in in Virginia conducted after the last the Law, Business and Economics Fiscal Policy federal election. Workshop at the University of Texas Reform” will be Law School; the Law and Economics published by the Bonnie also presented the Stuart Rome Lecture at the University Workshop at the University of Tax Law Review. This winter, his of Maryland, entitled “Why the Michigan Law School; and a faculty article “Tax Penalties and Tax Law Should Help People Choose seminar at Fordham Law School. Compliance” will be published by the Medical Treatment for Addiction,” in Harvard Journal on Legislation. In Baltimore in November. He presented October, he will be the speaker at the remarks on “Hunger Strikes by George Cohen Columbia Law School tax policy Detainees: Ethical Challenges for presented a colloquium. Military Physicians” in September in paper, “The Washington, D.C., at a conference on Fault that Lies Military Medical Ethics sponsored Within Our by Department of Defense under the Contract Law,” auspices of the Institute of Medicine. at the University of Chicago Law School at a symposium on Fault in Contract Law co-sponsored by the University of Michigan Law Review in September. Cohen also presented a UVA Lawyer • fall • 2008 | 43 Faculty Briefs In May, George Geis Risa Goluboff Brandon recently wrote was co-winner Garrett “The Space of the Willard presented a Between Hurst Prize of paper titled Markets and the Law & “Invalid Hierarchies,” Society Forensic Science which will Association for Testimony and appear in the Wrongful Convictions” co-authored Virginia Law Review in 2009, which socio-legal history published in 2007. the best work in with Peter Neufeld and forthcoming examines theories of the firm from a There was also a panel for her book, in the Virginia Law Review in 2009, at financial and operational governance The Lost Promise of Civil Rights (2007) the Harvard Criminal Justice perspective via business outsourcing at the Law & Society Association Roundtable. He presented a shorter transactions. Geis spoke on the article Annual Meeting. Goluboff also won version of that study at a workshop at at faculty workshops at the Law the Law School’s Carl McFarland the Law School in July. School, Vanderbilt University Law Award for Excellence in scholarship by a junior faculty member. Garrett’s article, “Claiming School, The University of Mississippi Innocence,” was published in June School of Law, and the William and in the Minnesota Law Review. In Mary School of Law. August, he gave an orientation talk His article, “Automating Contract Goluboff is visiting this fall at NYU Law School and in the spring at Columbia Law School. She will to the incoming first-year students Law,” which explores the use of be speaking this fall at the American titled “The Near-Execution of an knowledge management technology Constitution Society’s conference Innocent Man: Lessons from the Earl and meaning based computing to on the Second Founding and the Washington Case.” conduct empirical and economic Reconstruction Amendments at the analysis in contract law, appeared in University of Pennsylvania Law School a paper entitled “Litigation by the In September, Garrett presented the New York University Law Review. on a panel discussing the Thirteenth Innocent over Time,” co-authored Another article, “Economics as Amendment. with J.J. Prescott, at the Third Annual Context for Contract Law,” appeared Conference on Empirical Legal in the University of Chicago Law Studies. He presented another paper Review, reviewing Victor Goldberg’s Retired Supreme titled “Feeding False Confessions” Framing Contract Law. Court Justice at a UVA Psychology Department workshop. Geis presented “The Butterfly Sandra Day Effect and the Regulation of Corporate O’Connor Finance” at a junior faculty workshop invited A. E. collection of federal organizational at the University of Richmond School Dick Howard, prosecution agreements with UVA of Law. At the World Wide Junior ’61, to join her Reference Librarian Jon Ashley, and Corporate Scholar Conference at and Stanford published them on a Web site: www. Columbia Law School, he presented historian Jack Rakove in presenting a law.virginia.edu/html/librarysite/ “Can Independent Blockholding week-long seminar for master teachers garrett_bycompany.htm Really Play Much of a Role in Indian in Washington, D.C. Sponsored by the Corporate Governance Reform?” Annenberg Foundation and the Gilder Garrett helped assemble a Lehrman Institute of American History, the seminar took as its topic “The American Judiciary,” including political pressures on courts and threats to judicial independence. 44 | UVA Lawyer • fall • 2008 Faculty Briefs Constitution of Virginia” at the In August, Alex Howard led discussions on American Political Leaders Program sponsored Johnson constitutionalism at a seminar for by the Sorensen Institute for Political presented his members of the General Assembly Leadership. The discussion focused paper, “A Reply of Virginia. Topics included the both on Virginia constitutional history to ‘A Systemic idea of a constitution, James and on contemporary issues. Analysis Of At James Madison’s Montpelier, Madison’s concept of a constitution, Howard was also a faculty Affirmative and the distinctive place of state member at the National Security Law constitutions (emphasizing the Institute, sponsored by the Center American Law Schools:’ Flaws in the Constitution of Virginia) in American for National Security Law. He spoke Theory?” to the Law School’s Center constitutionalism. Newly restored, on “The Prospects for Constitutional for the Study of Race and Law. Montpelier was rededicated on Democracy.” Constitution Day, September 17. At the Federal Executive Institute, Action In In September, he attended the American Law Institute’s Joint Howard lectured on “The Supreme Meeting of the Members Consultative in shaping a public television Court and the Living Constitution” at Group, Advisers, and Liaisons for documentary, “Questioning the a program for senior federal executives. The Restatement Third, Trusts, in Constitution.” Created by stations The discussion emphasized ways in Philadelphia. WCVE, WHTJ, and the University which the Constitution frames the of Virginia’s Center for Politics, the work of federal agencies and officials. Howard played a leading role hour-long program looks at the Under the auspices of In October, he was a panelist on a jointly sponsored conference (Section of Legal Education and Admission to contemporary Constitution and Charlottesville’s Party Parade, Howard the Bar and the Law School Admission proposals for its reform. The program spoke on “The Supreme Court: Council), “The Bar Exam Passage was released on connection with Backstage at the Marble Palace.” All of Conference — Outcome Measures and Constitution Day. the proceeds of Party Parade events go Student Achievement.” In recent months, Howard has given several lectures. At the Lotos to support local charities. At the Law School, Howard Club, in New York City, he talked on organized and moderated the Student Liz Magill ’95 “The Struggle for the Supreme Court.” Legal Forum’s annual review of taught a short In that lecture, he considered the the Supreme Court’s most recent course this efforts of several presidents, notably term. Other panelists were Richard summer in Nixon, Reagan, and the two Bushes, Bonnie ’69, David Martin, and Chris American to remake the Supreme Court and to Sprigman. The discussion singled out Constitutional shift the Court in a more conservative the D.C. gun law, capital punishment, Law to German direction. and enemy detention cases for law students in At the Supreme Court, Howard lectured on “Justice Souter and the particular attention. Virginia Commonwealth University Münster, Germany. This fall she is giving a paper on Art of Judging,” at a session sponsored conferred its 2008 Multicultural the history of standing doctrine at by the Association of American Awareness Award on Howard. Noting Chicago-Kent Law School. She has Rhodes Scholars (Justice Souter is the Howard’s work with constitution- been invited to publish the foreword to Court’s only Rhodes Scholar). In that makers in other countries with diverse the Annual Administrative Law Issue of lecture, Howard considered Justice cultures and traditions, the citation the George Washington Law Review. Souter’s jurisprudence, including commended Howard’s “goals for a Magill is also co-hosting a the influence of his study of law at better world” and his concern for Conference at the Law School in Oxford, on his opinions as Justice of “social justice and equality.” November called “Legal and Political the Supreme Court. In Charlottesville, Howard presented a seminar on “The Perspectives on Governance.” The conference will be an interdisciplinary conference bringing together 12–15 UVA Lawyer • fall • 2008 | 45 Faculty Briefs scholars in political science and law who on “Disentangling Reasons from John Monahan are interested in issues of bureaucracy Rationalizations: Exploring Moral and Jeffrey W. and governance. In the spring semester, Intuitions in Hypothetical Societies,” Swanson will be Magill will be at Harvard Law School for the Oxford University Press book, publishing in as a Visiting Professor of Law, teaching Social and Psychological Bases of the Journal of administrative law. Ideology and System Justification. Empirical Legal Mitchell, Tetlock, and Terry Murray Studies their published a paper on “The Challenge study, “Lawyers At a September of Debiasing Personnel Decisions: at Mid-Career: A 20-Year Longitudinal meeting of the Avoiding Both Under- and Over- Study of Job and Life Satisfaction” American Correction” in Industrial and (September, 16, 2008) (see Scholar’s Academy of Organizational Psychology: Perspectives Corner). The full study is available at Appellate on Science and Practice. http://ssrn.com/abstract= 1268948. Lawyers in Mitchell presented talks at St. Portland, Ore., Louis University and McGeorge Dan Meador School of Law, in its Distinguished In August, received the Kathleen McCree Lewis Speakers series, and participated in Carolina Award for a “contribution that has had the Law and Psychology Roundtable at Academic Press an exceptional impact on the delivery Washington University in St. Louis. published a of appellate justice.” Additionally, two papers co- book by Jeffrey authored by Mitchell were published O’Connell and School, Meador was a participant in a this spring. Adam Hirsch of Florida Christopher program to discuss a proposal by Paul State University and Mitchell Robinette ’96, Carrington and Roger Cramton that published “Law and Proximity” in the entitled A Recipe for Balanced Tort Congress establish a “certiorari division” University of Illinois Law Review. The Reform: Early Offers with Swift within the United States Supreme Court, article examines the legal implications Settlements. consisting of 13 U.S. Circuit judges, of psychological reactions to near miss to screen all certiorari petitions and experiences, such as occur in many Patricia Born of Florida State to grant approximately 120 annually, bargaining and tort situations. Tetlock University entitled “The Cost and which would compose a mandatory and Mitchell published “Calibrating Other Advantages of an Early docket for the Supreme Court. Prejudice in Milliseconds” in the Offers Reform for Personal Injury Social Psychology Quarterly. The Claims Against Business, Including essay discusses recent research on for Product Liability,” appeared in Greg Mitchell unconscious sources of prejudice Columbia Business Law Review (2008). published three and argues that, before we deem O’Connell’s article, “The Large Cost papers this fall. unconscious prejudice an inevitable Savings and Other Advantages of He co-authored source of individual-level disparate an Early Offer ‘Crimtorts’ Approach a paper with treatment that requires structural to Medical Malpractice Claims,” John Monahan solutions such as quotas, researchers appeared in the Widener Law Journal and Larry need to explore the efficacy of (2008). An article entitled “An Walker on institutional norms and accountability Empirical Assessment of Early Offer “Contextual Evidence of Gender systems in checking unconscious Reform for Medical Malpractice,” by Discrimination: The Ascendance of forms of bias. O’Connell, Joni Hersch, W. Kip Viscusi In November at the Cornell Law An article by O’Connell and ‘Social Frameworks,’” which was (both of Vanderbilt Law School) published by the Virginia Law Review. appeared in the Journal of Legal He and Philip Tetlock of University of Studies. In May, O’Connell lectured at California, Berkeley, wrote a chapter 46 | UVA Lawyer • fall • 2008 Faculty Briefs the Beazley Institute for Health Law & He also addressed the summer Tom Nachbar Policy, Loyola University Chicago Law workshop of CHEA, the Council on and Glen School, on medical malpractice law Higher Education Accreditation, on Robinson reform. Accreditation and Academic Freedom, completed a and chaired a panel at the NACUA casebook, Annual Meeting on the role of the Communications In May, Dotan University Attorney in protecting Regulation, for Oliar presented Academic Freedom. O’Neil also co- “The Emergence edited for NACUA the Compendium It will be published this year and be of Intellectual on Free Speech in Higher Education, available for spring semester classes. Property Norms published in August. in Stand Up Thompson-West. Nachbar’s article, “The Public In September, O’Neil was honored Network,” will be appearing in Comedy” with the Diversity Pioneer Award CommLaw Conspectus. He has (co-authored from the Council on Legal Education presented the article as a paper several with Chris Sprigman) at a conference, Opportunity (CLEO) on the 40th times at different law schools. Intellectual Production Without anniversary of that organization, Intellectual Property, at Harvard’s which has been the principal source from the Law School this semester, after Radcliffe Institute, at Tel-Aviv of support and guidance for minority being mobilized to active duty for a University and Hebrew University in law students. five-month tour at the Judge Advocate Israel, at the annual conference of the In October, O’Neil lectured at Nachbar is taking a research leave General’s Legal Center and School. American Law and Economics New York University and the New He is spending the time focusing on Association at Columbia Law School, School in New York. This coming issues related to establishing the rule as well as at the Intellectual Property spring semester he will be a Visiting of law in the context of U.S. military Scholars Conference at Stanford Professor at the University of Texas interventions, and especially as an University in August. The paper is School of Law in Austin, teaching element of counterinsurgency. In coming out in Virginia Law Review in a course in Constitutional Law of addition to working on Army rule of December. Church and State. law and stability operations doctrine, Nachbar is helping to reorganize the JAG School’s classes on rule of law In June, Robert Dan Ortiz and working with other organizations O’Neil was finished a short within government on how to address made a Fellow piece called “Get this problem. of the National a Life,” which Association of will be published printer the 2008 edition of a book College and by Georgetown he edits, The Rule of Law Handbook: University Law Review. He A Practitioner’s Guide for Judge also argued a Advocates. This is the second edition Attorneys in Nachbar has just sent to the recognition of contributions to that case, Vaden v. Discover Bank, for the of the handbook (Nachbar was an organization and to higher education Supreme Court Litigation Clinic in the editor on the first edition as well), and law over many years. O’Neil also United States Supreme Court on it has already grown to become one of lectured at the University of Illinois- Monday, Oct. 6. the most popular publications from Urbana Champaign. the JAG School. O’Neil has been asked to serve on the editorial board of NACUA’s major publication, the Journal of College & University Law, for which he has written over the years. UVA Lawyer • fall • 2008 | 47 Faculty Briefs This spring, In September, in the fall in Episteme, a journal of Mimi Riley Jim Ryan ’92 social epistemology. presented “The gave a speech in Public Tokyo to the on Rights, Law, and Morality at Environment in Japanese- Oxford in September. The paper he Which We American Legal presented, “Subsumption, Deduction, Work” to the Society on and the Role of the Text,” will be “Voluntary published by the Oxford University Annual IACUC Conference — Ethics and Compliance in Animal Care and Use Programs: Integration and Affirmative Action.” In October, he presented a Schauer spoke at a Conference Press. His paper, “Hohfeld’s First Amendment,” originally presented Current Challenges and Future paper, “The Real Lessons of School at a conference honoring Jerome Directions, Public Responsibility in Desegregation,” at a Conference on Barron, has published in the George Medicine and Research, in Atlanta; Courts and Education sponsored by Washington Law Review. “Abandoning and “Societal Expectations: Ethics, the American Enterprise Institute and the Guidance Function: Morse v. Politics, Opinion and Policy,” at the Thomas B. Fordham Foundation. Frederick,” was published in the Communication and Collaboration: The conference papers will ultimately Supreme Court Review; “A Critical An International Forum for Animal be published by Brookings Press. Guide to Vehicles in the Park,” part of Research Policy in Washington, D.C. Ryan has also written two a Symposium on the 50th anniversary articles, “Charter Schools and Public of the Hart-Fuller debate, was Education,” for the Stanford Journal published in the New York University George of Civil Rights and Civil Liberties Law Review; and “Authority and Rutherglen’s (forthcoming 2008); and “Standards, Authorities” was published in the articles, “State Testing, and School Finance Litigation” Virginia Law Review. Action, Private in the Texas Law Review (2008). Schauer also presented “Why Action, and the Precedent in Law (and Elsewhere) is Thirteenth Not Totally (or Even Substantially) Amendment,” The Italian About Analogy,” at the Annual will appear in translation of Summer Interdisciplinary Cognitive the Virginia Law Review; “Beyond Fred Schauer’s Science Conference in Madonna di Balancing: Free Speech by Public 2003 book, Campiglio, Italy, in July. The paper Employees in Remedial Perspective,” Profiles, was published in Perspectives on will appear in the Journal of Law and Probabilities, Psychological Science. He also presented Politics; and “Textual Corruption in and Stereotypes chapters from forthcoming Thinking the Civil Rights Cases,” will appear in (Harvard Like a Lawyer: A New Introduction to the Journal of the Supreme Court University Press), has just been Legal Reasoning (Harvard University Historical Society. published by il Mulino (Bologna), Press 2009) at the University of under the title of Di Ogni Erba un Pennsylvania Law School. In addition, Rutherglen is working on a book on the history of the first Fascio: Generalizzazioni, Profili, Civil Rights Act, Slavery, Freedom, and Stereotipi nel Mondo della Giustizia. Civil Rights: The Neglected History of the Schauer co-organized a conference Civil Rights Act of 1866. In his capacity on evidence and philosophy at as former director of the Graduate Dartmouth College in June. The Program for Judges, Rutherglen papers presented at the conference, appeared in November at the Summit including his own “Toward a for Appellate Judges, Lawyers and Staff Rule-Based Evidence Law — And Attorneys held in Phoenix. Epistemology Too,” will be published 48 | UVA Lawyer • fall • 2008 Faculty Briefs Richard Gil Siegal, In March at the Virginia Tax Study Schragger’s Michelle M. Group meeting at the Law School, article, “Cities, Mello, and George Yin presented a proposal to Economic David M. reform the taxation of foreign direct Development, Studdert, investment by U.S. taxpayers. (See and the Free published page 50) Trade “Adjudicating Constitution,” Severe Birth In May, Yin participated in a panel at the American Bar Association Tax appeared in the September Virginia Injury Claims in Florida and Virginia: Section meeting in Washington, D.C., Law Review. He was a keynote speaker The Experience of a Landmark to discuss the evolution of the tax in October at the “Cities on the Experiment in Personal Injury legislative process. Cutting Edge” Conference, sponsored Compensation,” in the American by the Center for State and Local Journal of Law & Medicine international tax reform proposal to the Government Law at Hastings Law (forthcoming 2008). International Tax Policy Forum, a D.C.- In June, Yin presented an based group of about 40 U.S.-based School. This fall, Schragger is a multinationals whose primary purpose Visiting Professor of Law at NYU Law School and in the spring he’ll be the In September, is to promote education and research on Samuel Rubin Visiting Professor of Paul Stephan ’77 the taxation of cross-border investment. Law at Columbia Law School. His spoke at a In August, he participated in a Miller article, “The Last Progressive: Justice conference at Center program sponsored by UVA’s Breyer, Heller, and ‘Judicial Judgment’” Vanderbilt Law new Batten School of Public Policy on is appearing in a November School on new public policy work in D.C. symposium on the Second Amendment trends in in the Syracuse Law Review. international law In September, Yin presented his draft paper, “Temporary-Effect Legislation, scholarship and presented his paper Political Accountability, and Fiscal “Privatizing International Law.” He also Restraint,” to a tax policy colloquium at Micah presented a paper at a workshop at Loyola of Los Angeles Law School. He Schwartzman Duke Law School focusing on the presented the same paper in October to published an domestic enforcement of treaties. The a faculty workshop at the University of essay in Virginia paper is on treaties as delegations of San Diego Law School, and a tax policy Law Review on authority to the Executive. He also colloquium at University of Pennsylvania “Judicial testified as an expert witness in a Law School in Philadelphia. Also in Sincerity” in criminal case in the Southern District of October, Yin participated in a program June. New York, United States v. Kozeny et al., on progressive consumption taxes Schwartzman gave a talk about the on the issue of the law of Azerbaijan jointly sponsored by the American paper to VLR’s “Meet the Author” with respect to bribery of government Enterprise Institute and the Tax lecture series in April. officials. Foundation, Washington, D.C. In October, Stephan attended In November, Yin will be the the World Public Forum at Rhodes, luncheon speaker at a Tax Institute Greece, and presented a paper on sponsored by the University of Texas dialog and international cooperation Law School on tax reform proposals in in fighting corruption. the new Administration. Yin continues work as member of the IRS’s Advisory Council. UVA Lawyer • fall • 2008 | 49 Faculty Briefs The Virginia Tax Study Group IN MARCH, the Virginia Tax Study A second panel discussed the Group, coordinated by Tom White and possibility of reforming the “outbound George Yin held its annual meeting at taxation” rules, the tax treatment of U.S. the Law School. Original organizers who taxpayers making direct investments have remained active since the group’s outside the U.S. This issue was addressed formation include Mort Caplin ’40 and by President Bush’s tax reform panel and Rod DeArment ’73. continues to be a point of controversy in The Virginia Tax Study Group was organized by Emeritus Professor Edwin Cohen ’36 in 1992 to the national public policy debate. George Yin led this discussion and he was joined by Professor Reuven provide a forum for education and tax policy debate for the Avi-Yonah of the University of Michigan Law School, Eric Solomon Law School’s many outstanding tax alums in private practice, ’78, the Assistant Secretary of the Treasury for Tax Policy, and Willard government, and academia. Taylor of Sullivan & Cromwell. From then until 2006, the Study Group met twice a year at the Law School. After Cohen died in January 2006, the VTSG was A final panel considered the possible interaction between health care reform and tax reform, asking if the new Administration reorganized and now meets once a year. The basic format for each might take up both issues together and, if so, how? Leading this meeting has followed the pattern established by Cohen when he discussion was Len Burman of the Urban Institute who was assisted began this tradition, focusing on important issues of the day for by Alan Viard of the American Enterprise Institute. the tax system and with all of the discussions strictly off the record The group welcomed two speakers during lunch. Dean Paul in order to promote a full and free exchange of views. As was the Mahoney shared his thoughts about the future of the Law School case then, the day includes luncheon with a talk by a prominent and the important role of the Study Group and Ed Kleinbard, tax professional and a reception and supper buffet after the Chief of Staff of the Joint Committee on Taxation, discussed his meeting has concluded. experiences and reactions during the first six months of his tenure The 2008 meeting began with the usual “DC panel” consisting of Mort Caplin, Rod DeArment, and Cecily Rock of the Joint Committee on Taxation, who shared with the group what could be on Capitol Hill. The meeting was well attended by members and friends of the group, faculty members from neighboring law schools, expected in the tax area during the forthcoming year. The balance of representatives from various parts of government, and a number the day’s program was devoted to discussion of major tax policy of current students. Short background papers on each of the issues that will need to be addressed after the 2008 elections. One meeting’s sessions are circulated to all attendees roughly two panel focused specifically on the unsettled state of the law relating to weeks in advance of the meeting and these papers and selected estate and gift taxation and corporate dividends. The panel discussed commentary are published in the Virginia Tax Rev iew. the pros and cons of various alternatives available to policymakers. The meetings have seen record attendance in recent years. Professor Karen Burke of the University of San Diego Law School The next meeting will be held on Friday, April 3, 2009. Michael led this session and she was joined by Law School professor Mildred Graetz ’69 is expected to address the group at lunch. For further Robinson, Ronald Aucutt of the McGuireWoods firm, and Professor information, please contact Teri Johnson (tlj3a@virginia.edu), Tom Grayson McCouch, also of the University of San Diego Law School. White (trw@virginia.edu), or George Yin (gyin@virginia.edu). 50 | UVA Lawyer • fall • 2008 Scholar’s Corner MOST LEGAL SCHOLARSHIP today takes place outside the public view — in faculty workshops, conferences, and academic journals. The best work being done at Virginia and at other top schools John Monahan Lawyers at Mid-Career: A 20-Year Longitudinal Study of Job and Life Satisfaction examines the consequences of John Monahan and Jeffrey W. Swanson legal rules in a way that invites Journal of Empirical Legal Studies (in press). understanding — and, when Available at http://ssrn.com/abstract=1268948 appropriate, change. In this way, the practice of law and the production of legal scholarship are very much alike. They both require a broad view of the problem combined with a ceaseless curiosity in teasing out every material issue. John Monahan, a psychologist, joined the Law School T his article reports an empirical study of lawyer satisfaction that differs from the bulk of existing research on this topic in three fundamental ways — the first two methodological and the third substantive. First, this study is longitudinal — the same faculty in 1980. He now holds the John S. Shannon respondents were extensively studied during the three-year Distinguished Professorship in Law. A leading researcher on course of their legal education, and again 20 years after they violence, mental disorder, and risk assessment, Monahan has began law school, permitting performance on a number directed two MacArthur Foundation funded projects on mental of factors relevant to satisfaction to be studied over time. health and the law. He is the author or editor of 15 books and Second, this study achieved a response rate that is unusually has written more than 200 articles and chapters. Monahan’s high — high enough to obviate most concerns with work has been cited frequently by courts, including the sample bias. Finally, this study is the first to our knowledge California Supreme Court in the landmark Tarasoff v. Regents to simultaneously measure the predictors of lawyers’ and the United States Supreme Court in Barefoot v. Estelle, in satisfaction with their careers and the predictors of lawyers’ which he was referred to as “the leading thinker on the issue” of satisfaction with their lives more broadly…. violence risk assessment. In the following excerpt Monahan trains his sights on the One class of the University of Virginia School of Law was studied between their matriculation in 1987 and their Law School Class of 1990, members of which he originally graduation in 1990. All 360 living graduates of this class surveyed in 1987 during their first year at the Law School. were contacted in 2007, with a response rate of 72.2% …. Two decades later, Monahan and his co-author surveyed We highlight five of what we take to be the principal them again for a fascinating analysis of how their careers have findings of this research. In each case, we give three brief unfolded since. but representative quotes from the comments that our respondents gave to the final open-ended question on the survey, inviting “any comments, reflections, or advice you have to share with law students regarding a career in law or regarding life more generally.” UVA Lawyer • Fall fall • 2008 | 51 Scholar’s Corner A. LAW GRADUATES TAKE MANY DIVERSE CAREER â– PATHS: This gender difference in law graduates’ full-time employment is largely accounted for by having children at home â– 17 years after graduation, no single setting accounts for â– the employment of more than one-quarter of the lawyers studied here Even given the above, two-thirds of the women with two children at home are working full-time â– Women earn significantly less than men, even controlling â– Most (85%) graduates have changed jobs at least once, for employment setting, hours worked, and many other and half have changed jobs at least twice factors â– One-quarter of the law graduates who are currently “After years of practicing law in private firms, I working full-time are no longer practicing as lawyers believe it is incredibly difficult to have a career and “Starting off at a large firm is a great way to develop raise a family. Many women my age agree. The as a lawyer. If you are willing to trade-off some idea that we could ‘have it all’ sounded great, but it salary after getting a few years, there are some doesn’t really work out that way.” wonderful in-house opportunities in the nonprofit sector. Many will provide some of the most “Law firms are still very difficult places for women sophisticated, challenging and satisfying law jobs lawyers. Most of the partners are men who have around.” wives who stay at home and it creates a very difficult place to practice law in a sophisticated way while “I hope law school grads understand that the skills balancing that with family responsibilities. I find and knowledge they gain in law school can be that most of my male partners do not see their applied to a lot more than the practice of law. I have children during the week; for me, that is not an combined my experience as an engineer, as a lawyer, option that I would ever exercise.” and as a businessman to arrive at a satisfying career “To be successful, you have to accept that your career outside of a traditional legal career.” will consume a much greater percent of your life “I would tell current students to not be afraid to than most ‘jobs.’ You have to have a good support try unusual places or ways in which to practice system; forget the idea that you can do it all superbly law. I would have never pictured myself as a solo (e.g., my husband does all the cooking and is proud practitioner in a poor area of rural Virginia, but of my success). The more valuable you are, the more overall I am extremely satisfied with life and flexibility you will have to negotiate a work schedule practice here …. I can raise my show dogs, go to the that works for you.” office in shorts, and still face exciting challenges and intellectual stimulation in my practice.” C. WORKING CONDITIONS AT LARGE PRIVATE LAW FIRMS ARE A PROBLEM — PERHAPS THE PROBLEM — FOR MANY LAWYERS: B. GENDER DIFFERENCES IN THE PERSONAL AND PROFESSIONAL LIVES OF LAWYERS ARE PERVASIVE: â– Most law graduates studied here (58%) start off in large firms â– â– to have a spouse or partner who is employed full-time â– The half that remain in large firms have lower job and life â– And yet, “only” 20% of the graduates who remain in large outside the home (77% v 24%) â– women graduates are much less likely than men to be employed full-time themselves (61% v 99%) 52 | UVA Lawyer • Fall fall • 2008 Half of the graduates who start off in large firms leave to go to a different type of employer in women graduates are much more likely than men satisfaction than other lawyers firms are dissatisfied with their lives Scholar’s Corner “Life in a private law firm is very demanding. E. OVERALL, LAWYERS’ LIFE SATISFACTION IS HIGH: Unless you love it, there is a soul-sucking quality. I would not encourage my own children to go into law â– 86% are at least “satisfied” with their lives unless they love it.” â– 68% are “highly” or “very highly satisfied” with their lives â– There is no significant gender difference in life “UVA law degree, education, training: good. Slavish satisfaction compulsion to follow the crowd and work in as big a law firm as possible: bad.” “Law is extremely rewarding. The intellectual challenge is a reward in itself. My practice is a “I’ve found the practice of law — even practice window into human nature. It is unseemly at times, at a large firm — to be far more satisfying and but by comparison with other people, my life is intellectually stimulating than I imagined it would wonderful.” be when I graduated.” “Private practice is not for everyone, and government practice provides a great opportunity D. OVERALL, LAWYERS’ CAREER SATISFACTION IS HIGH: for better work/life balance. I don’t make as much money as my private-practice peers, but I have a great quality of life with my family.” â– 81% are satisfied with the decision to become a lawyer â– 85% are satisfied with how well UVA prepared them “I am a partner at mid-sized firm in a mid-sized â– 93% are satisfied with how UVA benefitted their careers town. I control my own practice. I have four kids â– 81% score 5 or higher on a 7-point scale of satisfaction and I put them to sleep almost every night. I coach a with their job setting soccer team and a baseball team. It’s a great life.” â– While men score significantly higher than women in the “balance” between their work and personal or family lives, there is no significant overall gender difference in job satisfaction “Among people who have chosen a career as an attorney, I am one of the luckiest people alive. The firm I found is fantastic. I am paid extremely well, have significant control over what work I do, and I work very reasonable hours.” “An old Greek definition of happiness is ‘vital powers exercised along lines of excellence in a life that affords them scope.’ This describes the joy I get from the practice of law as a partner in a 21st century law firm.” “A career in law can be very rewarding and fulfilling. However, law firms need to make it a priority to improve the quality of life of their associates and partners.” UVA Lawyer • Fall fall • 2008 | 53 Class Notes Labor Law Pioneer an Eyewitness to History 1948 by Alison White of Balch & Bingham, which he joined as S. Eason Balch is counsel to the law fi rm an associate in March 1948 when it was EARLE K. SHAWE ’34, who attended classes in both Minor Hall and Clark Hall, was known as Martin, Turner, & McWhorter a pioneer in the labor law movement. He began practicing in the 1930s, when labor in Birmingham, Ala. There were 10 other law was in its infancy, as the youngest trial attorney in the legal division of the newly lawyers in the firm when he became an formed National Labor Relations Board. In one case, Shawe represented employees of associate. The firm now has more than Bethlehem Steel in a labor relations dispute. The case found its way into an October 250 lawyers with offices in Birmingham 1938 Fortune magazine article profiling the new, and controversial, NLRB. The article and Montgomery, Ala., Atlanta, Ga., noted how the NLRB had to rely on bright, new untested lawyers, and as an example, Gulfport and Jackson, Miss., and cited a hearing where “the assembled might of the great New York law firm of Cravath, Washington, D.C. de Bersdorff, Swaine & Wood — counsel, associate counsel, and assistants — found itself opposed by one skinny youth, a 1950 Virginian named Earle Shawe, looking for all the world like a high-school valedictorian.” After the passage of the Taft-Hartley Edward M. Selfe is ranked number three in the United States for Men’s 85 Act in 1947, Shawe left the NLRB and and older singles by the U.S. Tennis entered private practice. He founded Shawe Association for 2007. & Rosenthal, a Baltimore firm that for the last 61 years has represented employers nationwide in all aspects of labor and 1957 employment law. Shawe’s career led him to endow the Earle K. Shawe Professorship in John Corse and his wife, Muffet, Employment Law in 1996. sent a special letter of thanks to all of Shawe says he is proud to have attended the Law School at a time when their classmates and friends from the “wonderful Class of 1957” upon the it brought in talented young professors such as Leslie H. Buckler and Garrard Glenn. occasion of John stepping down as class He recalls trying cases before U.S. Fourth Circuit Judge Armistead M. Dobie 1904, manager after years of record-breaking his former professor and dean. Shawe recently donated to the Virginia Arthur Morris achievements for the class. The couple Law Library memoranda, briefs, photographs, and news clippings about many of the was awed by the recognition from their cases he has handled over the years. He also participated in an oral history project now friends. John and Muffet look forward available in the Law Library’s special collections. Shawe tells a story rich in detail about to continued “laughing and sharing the birth and development of labor law, which reveals how he influenced the field as heartwarming reunions” both in much as it came to define his life. Charlottesville and wherever their friends may gather. Janet Rowe Dugan has enjoyed spending time with Law School friends and classmates recently. She shared dinner with Barbara Coppeto ’58, attended a pool party with Frank Norton ’58, and UVA Lawyer • Fall • 2008 | 55 Class Notes Capt. Ferdinand L. Salomon, USN (Ret.), & Knight and focuses his practice on writes that his grandson, Christopher L. estate planning, probate, and fiduciary A few good annual giving volunteers Salomon, received his “Wings of Gold” administration in the Dallas, Tex., office. Join the Law School’s volunteer team. as a naval aviator in March and will fly Contact Helen M. Snyder ’87 a Seahawk Helicopter out of San Diego, helensnyder@virginia.edu Calif. Chris is a fourth generation naval 434-924-4668 officer. Salomon is officially retired from WANTED: played golf with Buzzy Wilkinson ’62. the practice of law and enjoys golf, trap Hoyt Wheeler was awarded a Fulbright shooting, riding his Harley Davidson, and Distinguished Chair at J. W. Goethe traveling. University of Frankfurt am Main, Faculty of Law, 2005–2006. She’s still trying to convince Janet Lauck Blakeman to visit her in Florida. 1958 1961 1959 Reunion Year 1963 After 27 happy years of living and sailing on Maryland’s Eastern Shore, Harwood Since April 2006, Henry Lord has been Murray Falk has been appointed Martin has moved back to Washington, chairman and president of the Society an administrative law judge for the D.C. He remains very involved with the to Preserve H.L. Mencken’s Legacy, Arizona Department of Transportation U.S. Coast Guard Auxiliary. Inc. The organization’s sole corporate Motor Vehicle Division. He will serve purpose is to acquire title from the City in several offices throughout the state. of Baltimore to the 1883 row house on Falk practiced law in the Los Angeles, 1960 Union Square (both are on the National Register of Historic Places), where the Calif., area for 20 years before moving to Arizona in 2002. He served as an Thomas A. DeLong recently had his book “Sage of Baltimore” lived for 68 of his Assistant United States Attorney for the Madame Chiang Kai-shek and Miss Emma nearly 76 years and wrote everything District of Massachusetts during the Mills: China’s First Lady and her American under the sun, from newspaper columns Kennedy administration and later as a Friend published by McFarland & Co. to dozens of books to 100,000-plus Special Trial Judge of the United States The book is based largely on the unsealed letters. The house has been vacant, Tax Court after practicing tax law in New letters and journals of Madame Chiang’s empty, unfunded, and threatened for 15 York City and Boston. He is a veteran closest American friend — her Wellesley years. The group will restore it at their of the Korean War and was awarded the classmate of 1917, Emma Mills. (See In expense in a historically accurate fashion, Bronze Star for his service as an artillery Print) recover all of its original furnishings and collections, and re-open it to the public officer in the 3d United States Infantry Division in that confl ict. A native of Rust E. Reid is the recipient of the 2008 as a splendid house museum in perhaps Massachusetts, he is married to Margie Distinguished Probate Lawyer Lifetime three years. In addition to this work in Karsh, formerly of Denver. Achievement Award presented by the Real historic preservation, Lord just completed Estate, Probate & Trust Law Section of two four-year terms on the board of the Joseph Hilton is a senior managing the State Bar of Texas. The award, given School for the Arts, a highly selective director at Grubb & Ellis and member of a in recognition of his 48-year career, was charter public school. team that focuses on doing business with presented during the State Bar’s Advanced China. Estate Planning and Probate Course on Griffith Pitcher initially practiced tax June 11 in Dallas. Reid is with Thompson and corporate law, but in the mid-1970s he became a municipal bond lawyer. He is 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 your submissions by February 15 for inclusion in the next issue. 56 | UVA Lawyer • fall • 2008 Class Notes of counsel in the corporate practice group Seward Still Practicing at 98 of Seyfarth Shaw’s Atlanta office, and is now a member of the National Association ON AUGUST 4TH, GEORGE C. SEWARD ’36 of Seward & Kissel, turned 98 years old. As of Bond Lawyers and a Fellow of the senior counsel to the firm that bears his name, Seward maintains a regular schedule American College of Bond Counsel. of commuting from his home in Scarsdale, N.Y., to his downtown office at One Battery Park Plaza. Call him on his direct line and, generally, he will answer his own phone on Elizabeth Seeley has joined Halloran the first ring. Paula Huffell, his secretary of over 30 years, continues to be his watchful & Sage’s Westport, Conn., office. Seeley gatekeeper. advises joint ventures, closely held Born in Omaha, Nebraska, in 1910, Seward had a childhood that proved to be businesses in a variety of business matters quite nomadic in nature. As a result of his father’s business, he attended school in six and also represents commercial real estate different states. Seward earned his undergraduate and law degrees from Virginia. While developers. still attending law school, he was admitted into the Virginia Bar, and two years later, in 1937, was admitted to the New York Bar. On December 12, 1936, Seward married Carroll John Strachan and his wife, Joyce, are Frances McKay, and throughout their time together had four children, Gordon Day, enjoying their respite from the Alaska Patricia McKay, James Pickett, and Deborah Carroll. winters at their home in North Carolina. From the beginning of his law career, Seward was always immensely interested in They were sorry to miss the class reunion business law. In 1953, he joined Meyer, Kidder, Matz & Kissel, the firm that would one in May. day become Seward & Kissel. In an effort to establish a successful, thriving business law practice, Seward became very involved in the American Bar Association, rising to Chair 1964 of the Business Law Section of the ABA. Reunion Year Intending to exercise his influence on a more global scale, Seward resigned from his position in the ABA’s House of Delegates in order to devote more time to the Winfrey Blackburn is currently a senior International Bar Association (London), for which he had great aspirations. In 1970, he partner with Blackburn Hundley & successfully founded the Section on Business Law of the IBA, which allowed individual Domene in Louisville, Ky., which he business lawyers, instead of only foundations and practices, to join. organized in 1995. He has co-authored Seward’s influence in the IBA was strong. He was a book, The Kentucky Houses of awarded the title of Honorary Life President. His contributions were so great that Stratton Hammon, which won a bronze beginning in the late 1980s, a series of lectures delivered by leaders from around the medal in the architecture category globe was dedicated to him. He is a member of The American Law Institute and former of the Independent Book Publisher’s president of The Arts & Sciences Council of the University of Virginia. Association of America. Classmates can see the article that mentions the award in the May 24 Courier-Journal. (See In Print) Michael Crimmins and his wife, Rosemary, recently spent a week in Sea Pines Plantation on Hilton Head Island with their daughter and son-in-law, Jennifer and Stephen Keeley of the class of ’99, and their three grandchildren to celebrate their 40th wedding anniversary. After 21 years of distinguished service, Harold “Cap” Hollenbeck retired from the N.J. Superior Court bench in August. Before his appointment to the bench, Hollenbeck spent decades serving the public of New Jersey, starting with the New Jersey General Assembly and culminating in three terms as U.S. Representative for New Jersey’s Ninth District. His most interesting assignment was on the UVA Lawyer • Fall • 2008 | 57 Class Notes Reveley Named President of William and Mary Marion and I would rather spend time together and with our friends, children, and grandkids around the U.S. and world.” STEPHEN SALPUKAS / W&M Theodore Margolis ON SEPTEMBER 5, W. TAYLOR REVELEY III ’68 has been named a was named president of the College of William New Jersey Super and Mary in Williamsburg, Va. Reveley had been Lawyer in business serving as Interim President since February. litigation for 2008. He is with Norris Before taking the interim position, Reveley McLaughlin & had served as dean of the William & Mary Law Marcus in Somerville, School for nearly a decade. William & Mary Chancellor and former U.S. Supreme Court Justice Sandra Day O’Connor said, “The news N.J. A former Chief Assistant U.S. that the Board of Visitors of the College of William & Mary has offered the presidency to Attorney in New Jersey, he continues to Taylor Reveley is good news for the university.” work in the area of white-collar criminal “It has been wrenching to leave the country’s oldest law school,” Reveley said, “but defense. He is a founder and former the privilege of helping to lead one of our country’s great universities is enormous. I chairman of Legal Network International deeply appreciate the faith placed in me by the Board of Visitors and by the people of and represents companies throughout the William & Mary writ large. Helen and I have been truly touched by the support we’ve world. received over the last six months from all corners of the William & Mary community. It has become clear that we are all stewards of an extraordinary place.” Prior to arriving at William & Mary, Reveley practiced law at Hunton & Williams C. Willis Ritter was made a partner with Gonzalez Saggio and Harlan in their in Richmond for 28 years and was a managing partner of the international firm for growing Chicago office and is the co-chair nine years. Reveley is a trustee emeritus of Princeton University, where he served on of their nationwide public finance practice. the board for 14 years, and is a current trustee of the Andrew W. Mellon Foundation, the Carnegie Endowment for International Peace, the Virginia Historical Society, and St. Christopher’s School. And serving as a president is not new to the Reveley family. 1966 William & Mary’s new president literally grew up on college campuses; his father, W. Taylor Reveley II, served for 14 years as president of Hampden- Sydney College. Donald M. Haddock, Sr., Chief Judge of Alexandria’s Circuit Court, now sits on the Juvenile and Domestic Relations Bench. 1967 bipartisan House Ethics Committee Sidley Austin, Clemens is currently a during the ABSCAM hearings. Hollenbeck Fellow of the Center on Federal Financial was also the prime and moving sponsor of Institutions. More about the book can be James Gillespie is fully retired and the first POW-MIA bill honoring Vietnam found at www.bipartisanpath.com. (See spending his winters in Tucson, Ariz., and veterans. After leaving Congress in the In Print) his summers in Stanstead, Quebec. of the Fairleigh Dickinson University U.S. District Judge James P. Jones, Chief Paul R. Verkuil was appointed interim board of trustees. Judge of the Western District of Virginia, dean for the School of Law at the was elected as a member of the Judicial University of Miami. He is senior counsel Conference of the United States, the with Boies, Schiller, & Flexner and a policy-making body for the U.S. Courts. professor of law at Yeshiva University’s He represents the federal judges of the Benjamin N. Cardozo School of Law. He Fourth Circuit. served as dean at the Cardozo School of mid-1980s, Hollenbeck became a member 1965 Richard Clemens has written a book Law from 1997–2001. Verkuil is former entitled Rescuing America: The Bipartisan Path, which discusses potential bipartisan Bernie Long is three tax cases short of president of the College of William solutions to major national issues such finishing his 42-year career of litigation and Mary, dean of Tulane Law School, as Social Security, Medicare, trade with the IRS. “It’s been great fun, but and CEO of the American Automobile policy, and the unsustainable trajectory Association. He is a leading scholar of law of deficit spending. A retired partner of and regulation and has published more than 60 articles in this field. 58 | UVA Lawyer • fall • 2008 Class Notes 1968 In May, at the annual meeting of the New Carruthers & Roth in Greensboro, N.C., York County Lawyers’ Association and and has focused his practice in commercial Donald Greenman authored the section the celebration of its 100th anniversary, finance, banking, and bankruptcy. on United States law for the fourth James B. Kobak, Jr., was inducted as edition of Prof. William Tetley’s book, president elect. Kobak chairs Hughes Michael Shumate was Marine Cargo Claims. His analysis Hubbard & Reed’s antitrust practice and elected to the Indiana and commentary focuses on maritime practice standards groups and has been University Foundation transportation law as it applies to the U.S. involved in a wide variety of commercial Board of Directors. He remains of counsel with Ober|Kaler litigations, arbitrations, and mediations The IU Foundation is in Baltimore, Md., concentrating on as both advocate and neutral. He is a not-for-profit admiralty matters, general litigation, president of the NYCLA Foundation, corporation that commercial transactions, and overseeing the foundation’s annual international law issues. and special fundraising campaigns. He funds from the private sector and by serves IU by raising chairs the library committee and task providing administrative services to Edward R. Levin has force on professionalism, founded the donors and to the university. The been recognized as a NYCLA Inn of Court and serves as its Foundation also manages IU’s Washington, D.C., secretary, and is a member of the NYCLA endowment of $1.6 billion. Super Lawyer by Law executive committee and professional & Politics magazine. ethics committee. In March 2006, Kobak largest international law firm, Jones, He is a partner in Saul received the Boris Kostelanetz President’s Day, Reavis & Pogue, where he practiced Ewing’s labor, Medal in recognition of his dedication corporate tax law. Additionally, he served employment and In 1980, Shumate joined the fourth to NYCLA and distinguished service to as the administrative partner of the firm’s employee benefits practice group and the legal profession. He serves on the Los Angeles and New York offices and was represents employers in labor and American Arbitration Association’s panel a member of the firm-wide management employment law matters, including labor of arbitrators, as well as the mediation committee. He retired early in 1996 and negotiations, arbitrations, and union and arbitration panels of the U.S. District now resides in Los Angeles. Shumate is a organizing campaigns. He has litigated Courts for the Southern and Eastern CPA and is a member of the Indiana CPA cases involving discrimination, wrongful Districts of New York. He is an adjunct Society. He is also a member of the legal discharge, sexual harassment, and related associate professor at Fordham Law bar associations in the states of Indiana, claims in state and federal courts across School, where he teaches an antitrust and California, and New York. the U.S. intellectual property course. Bob Wright has been elected to the Bernie Mikell was hired by Piper Tradition of Excellence Award given by RAND Corporation board of trustees. Jaffray & Co. as a senior vice president the Virginia State Bar’s General Practice Wright is vice chairman of the board, in their Sacramento, Calif., office to Section. The award, presented at the executive officer, and a member of the further strengthen their municipal Virginia State Bar annual meeting in corporate executive office of the General fi nance banking platform and help build Virginia Beach in June, recognized Wiley Electric Company. the firm’s large issuer business in the for his career in government law. He California region. served as Charlottesville city attorney for Roger C. Wiley, Jr., received the annual 1969 14 years, in state government, the Virginia Reunion Year Division of Legislative Services, and in 1970 the Office of Attorney General. Receiving the award, Wiley thanked the VSB for Frederick Hodnett’s retirement in 2006 as the assistant executive secretary, Supreme Kenneth M. Greene giving recognition that “all government Court of Virginia, has become part-time. has been elected as lawyers are, in fact, real lawyers.” He During sessions of the Virginia General President of the is now in private practice with Hefty & Assembly, Hodnett has been working for American College of Wiley in Richmond, where he represents the Clerk of the Senate of Virginia. He’s Commercial Finance local government clients and handles state also a substitute teacher in the Hanover Lawyers. He is an constitutional and legislative issues. County public schools. Hodnett was attorney and appointed as a civil marriage celebrant in shareholder with the Commonwealth of Virginia. UVA Lawyer • Fall • 2008 | 59 Class Notes 1971 Rubright helped move the company Joe E. Forrester has joined the New through a major transition, transforming York office of Edwards Angell Palmer & Barry C. Fitzpatrick has joined Luce RockTenn into a more diversified, low- Dodge as counsel in the public fi nance Forward as a partner in its family wealth cost paperboard packaging producer, and department. Forrester’s practice focuses and exempt organizations practice group made them a leader in their industry. primarily on novel tax issues within in the Rancho Santa Fe, Calif., office. public fi nance transactions. He has public He works primarily in the areas of estate Jeremiah L. Thomas III has joined DLB fi nance experience as both a lawyer planning, wills and trusts, and estate Capital in Wilton, Conn., as an advisory and as an investment banker and has and trust administration. Fitzpatrick is a director. DLB Capital focuses mainly on previously served as bond counsel, special Fellow of the American College of Trust financial services, providing expertise, tax counsel, underwriter’s counsel, and and Estate Counsel and is listed in Best capital, and on-site management, with corporate counsel. Lawyers in America. He is also a director particular focus on the United States of Pac West Bancorp (previously First and China. Before joining DLB, Thomas Pegram Johnson retired in 2007 from Community Bancorp), a director of the was a partner at Simpson Thacher & Wachovia’s trust department after 34 Donald C. & Elizabeth M. Dickinson Bartlett, where he concentrated on general years and has enjoyed every day since. He Foundation, and was the pro-bono corporate, securities, and banking law recently visited fellow alumnus Wise Kelly legal advisor to the Rancho Santa Fe matters and was in charge of managing the in Rileyville, Va. Foundation for 19 years. firm’s relationship with JPMorgan Chase. James Merriman is the author of the George H. Roberts, Jr., was selected as 1973 novel Gatekeepers. See jamesemerriman. com for further information and a preview. (See In Print) among the Legal Elite in Virginia Business Charles Adams is managing partner of Magazine for 2007 in Hogan & Hartson in Geneva, Switzerland, the area of business practicing worldwide in the field of law and was named a international arbitration. He is one of the Super Lawyer in 2007 1974 Reunion Year leading fundraisers for the Obama for Bruce M. Stanley, Sr., in the area of business/corporate. He is America campaign among U.S. citizens has been recognized also included the 2008 edition of Best overseas. by Florida Super Lawyers in America. He is of counsel with Lawyers magazine as a Wharton Aldhizer & Weaver in In June, Eric E. Adamson was installed top Florida attorney Lexington, Va. on the board of directors of Rotary for 2008. He is in the International for a two-year term. The Fort Myers, Fla., office 1972 ceremony took place in Los Angeles, of Henderson, where 20,000 Rotarians from 176 Franklin, Starnes & Holt. His practice countries were in attendance. focuses on civil trial law and litigation, including cases involving medical The Mahoning County Bar Association honored Stephen Bolton with its Bob Craig is a director in the Houston malpractice, aviation, products liability Professionalism Award in appreciation office of LECG, a global expert services defense, and eminent domain. for the integrity he has demonstrated firm. Craig is counseling law firms and law throughout his legal career. Bolton has departments on various litigation issues, practiced with Manchester Bennett including meeting their needs for experts Powers & Ullman of Youngstown, Ohio, for testifying roles, litigation support roles, since 1972. A member of the fi rm’s civil and business consultations. He also serves Tina Swent Byrd was named one of the litigation section, Bolton concentrates his as a division director over Substantive Law Top 75 women litigators in California in law practice in the areas of commercial Committees of the ABA Litigation Section. 2007 and again in 2008 by the Los Angeles litigation. Craig retired as associate general counsel and San Francisco Daily Journal. She is a of Waste Management. partner in the Los Angeles office of Irell 1975 RISI, the leading information provider & Manella, where she focuses on complex for the global forest products industry, business and patent litigation. announced that Jim Rubright of RockTenn is their CEO of the year. 60 | UVA Lawyer • fall • 2008 Class Notes Gary V. Dixon has and legal educator, Lemons has served afford legal representation.” A nationally been selected for as a judge or justice at every level of the recognized juvenile justice advocate, inclusion in the judiciary in Virginia, and will remain on Hirsch has won several landmark cases Washington, D.C., the court while teaching at W&L. in the Wisconsin Supreme Court, protecting the rights of children and Super Lawyers list. He is a founding partner Luther Munford’s article on the indigent defendants. Hirsch was last year’s with Ross, Dixon & “Peacemaker Test” was reprinted in recipient of the ABA’s Livingston Hall Bell in Washington, the 2008 Green Bay Almanac Reader, a Juvenile Justice Award. D.C., where he focuses on professional collection of what its editors deem to be liability coverage. He is also featured in “good legal writing from the past year.” and The International Who’s Who of Insurance & Reinsurance Lawyers 2008. Ellis T. “Skip” Prince is the new commissioner of the United States Legal Times “Almanac of Leading Lawyers” Hockey League. The USHL is the only 1977 Tier 1 amateur hockey league in the United States. It features some of the L. Neal Ellis was Stephen Earp has been named in the fi nest 17 to 20-year-old hockey players not elected a member of Chambers USA 2008 listing of “America’s only from the United States, but Canada the North Carolina Leading Business Lawyers” for his work and Europe as well. Prince spent nine Bar Association Board in environmental law. Earp is a managing years as vice president of the National of Governors, and will partner with Smith Moore Leatherwood Hockey League (1991–2000), where he serve a three-year in Greensboro, N.C. was responsible for the league and team term. 1976 television and business operations, as Amy B. Ginensky has well as many of its business development been appointed chair initiatives, including NHL International. of Pepper Hamilton’s Prince will continue in his role as commercial litigation president of the Prince Companies, a Peter E. Broadbent, practice group. She is consortium of management professionals Jr., has been a senior commercial and enterprises he started in 2004 that recognized in the litigation partner in focuses on management consulting services Virginia Super the Philadelphia office to professional leagues and teams, college Lawyers list for 2008 and leads the firm’s media and conferences and member institutions, and for his practice in communications practice, which focuses sports-related enterprises. Prior to starting utilities law. The on First Amendment, defamation, and his practice, Prince was a senior advisor to Virginia General other media-related areas, and also the Canadian Football League, and from Assembly appointed him as one of two handles complex commercial and class 2001–2003 served as president and chief citizen members of the Virginia action litigation. She serves as president- executive officer of the Montreal Alouettes, Bicentennial of the American War of 1812 elect of the Philadelphia Bar Foundation. where he oversaw the repositioning of the Commission. Broadbent practices franchise (and, in 2002, the club’s first Grey business, intellectual property, Eileen A. Hirsch, an Assistant State Cup in 25 years). While in Montreal, Prince governmental, and communications law Public Defender in the Madison Appellate was named to a list of the “Top Ten Most as a partner with Christian & Barton in Office of the Wisconsin State Public Influential People in Canadian Sport.” Richmond. Defender, is one of two recipients of this year’s National Legal Aid & Defender Donald W. Lemons, Justice of the Association’s Kutak-Dodds Prize. The Supreme Court of Virginia, has joined award, jointly sponsored by NLADA the faculty of the Washington and Lee and the Robert J. Kutak Foundation, University School of Law this fall as was presented at NLADA’s annual Distinguished Professor of Judicial dinner on June 11 in Washington, D.C. Studies. Lemons is teaching a course on It honors a legal justice advocate who appellate practice in the school’s third- “has contributed in a significant way to Contact Helen M. Snyder ’87 year program. A distinguished jurist the enhancement of human dignity and helensnyder@virginia.edu quality of life of those persons unable to 434-924-4668 WANTED: A few good annual giving volunteers Join the Law School’s volunteer team. UVA Lawyer • Fall • 2008 | 61 Class Notes 1978 Christopher Scott In 2007, Patrick Hamilton joined Day D’Angelo was a Pitney as a partner in the Boston, Mass., Over the past few years, Brad Allenby, speaker at the Claims office, where he handles white collar professor of civil and environmental Administrators criminal defense, internal investigations, engineering at Arizona State University, Conference in San and business litigation. Leading up to his helped create the field of industrial Francisco in February. present position, he clerked for a federal ecology and develop design for The program, entitled judge, was a litigation associate for fi rms environment methodologies. He “Distribution of in New York City and Boston, managed teaches earth systems engineering and Securities Litigation Settlements,” criminal justice agencies in Massachusetts management and sustainable engineering. presented ways to improve the state government, and served as a federal distribution and processing of class action prosecutor for almost 13 years. He and his Carl Ameringer is Professor of Health settlement funds through input from the wife, Gretchen Hamilton (also a lawyer), Policy & Politics at the L. Douglas Wilder SEC, federal judiciary, defense counsel, have two children, Alexandra “Lexi” (8) School of Government and Public Affairs and plaintiffs counsel, as well as claims and Zachary (5). at Virginia Commonwealth University. administrators. In April, he served as a His most recent book is The Health Care faculty member at the Corporate Counsel Nancy E. Hudgins, a mediator, has Revolution: From Medical Monopoly to College, a program of the International launched a blog on civil negotiation and Market Competition (University Press). Association of Defense Counsel. The mediation at www.civilnegotiation.blogspot. (See In Print) college is an interactive forum that com. She offers tips and strategies on addresses the latest legal issues of particular negotiation and mediation and stresses Ed Baxa ’78, LL.M. ’80, is a member of importance to corporate general counsel putting the “civil” back into civil litigation. Foley & Larder’s management committee and assistant general counsel. and was recently appointed chairman of D’Angelo is a partner in the litigation Debi Sanders spoke at the Law School in the firm’s national pro bono program. department of Montgomery, McCracken, September 2007. In October, she began He lives with his wife, Susan, in Winter Walker & Rhoads’ Philadelphia office and working with Immigration Legal Services Park, Fla. is chairman of its products liability and of Catholic Charities in Washington, D.C. mass torts practice and vice chairman of Chancellor Professor its sports, entertainment and amusements In March, Jutta Stender-Vorwachs LL.M. of Law Lynda L. law practice. received the title of Professor of Law at the University of Hannover. Her special Butler was named interim dean of the Lawrence Foust ’78, LL.M. ’80, left interests focus on media law and William & Mary Law Kaiser Foundation Health Plan in constitutional law. School in February. Oakland, Calif., to become the senior She has been a vice president and general counsel of member of the law Childrens Hospital Los Angeles. 1979 Reunion Year school faculty since 1979 and has served as vice dean of the Law School since 2000. Michael Haggerty was F.B. Webster Day was named a Virginia Before arriving at William & Mary, she named a Super Lawyer Best Lawyer for 2008. He practices practiced law at Wilmer, Cutler & in Dallas, Tex., where corporate law and public fi nance law for Pickering in Washington, D.C. Butler’s he is the head of the Spilman, Thomas, and Battle, and is the research and teaching focus on eminent Jackson Walker member in charge of the Roanoke office. domain/takings, environmental law, land financial services use, and property law. She is faculty practice group. He has John Head’s most recent books are advisor to the William & Mary Environ- represented a number “Losing the Global Development War” mental Law and Policy Review and is a of financial institutions, including banks, and “General Principles of Business member of the coordinating committee for credit companies, and insurance and Economic Law.” He recently served the law school’s annual Brigham-Kanner companies in connection with a variety of as Paul Hastings Visiting Professor at Property Rights Conference. real estate, commercial, and corporate Hong Kong University. He and his wife, lending transactions. Lucia Orth, still live in Lawrence, Kans., where he teaches international law at the University of Kansas. (See In Print) 62 | UVA Lawyer • fall • 2008 Class Notes Hugh Hill is an Assistant Professor of 1980 an online community designed for Emergency Medicine at Johns Hopkins women executives in fi nancial services, University. He just fi nished a term John Brenner has joined the health law, and business. In the “Voice of as chair of the advisory board for effects litigation practice at Pepper Experience” profi le, Robb, whose practice Montgomery Cares. Hamilton after 27 years with McCarter focuses on energy, environmental, and & English. He is in the firm’s Princeton, administrative law, talked about her N.J., office. background, her accomplishments, and Michael Kuhn is a her advice for young women in law. Texas Super Lawyer for 2008. He is a The board of directors for Alcoa has Noted in the piece was Robb’s Water partner in the elected Donna Dabney a Vice President Policy Institute, which she created Houston office of of the corporation. She has served as to provide a forum for companies, Jackson Walker and Alcoa Corporate Secretary since joining government entities, and other parties focuses on the company in 2000, except for a short interested in water scarcity, quality, commercial real period in 2004 when she was group and regulation to convene to discuss estate, with a particular emphasis on counsel for Alcoa’s former packaging and sustainable solutions, both domestically office and retail leasing, within the fi rm’s consumer business. and internationally. Robb also co-founded a non-profit called the Women’s Network real estate group. Kuhn is board certified in commercial real estate law by the Texas Peyton Mahaffey, a for a Sustainable Future six years ago. The Board of Legal Specialization, having fi rst principal and organization was started when she and received that designation in 1990. president of Ann Goodman wanted to help executives McCandlish & Lillard, put sustainability on their radar screens. Robin Stiebel is has been recognized managing attorney for by Virginia Super Andrew M. Sacks has been elected the Yonkers, N.Y., Lawyers magazine as president of the Virginia Trial Lawyers offices of Legal one of Virginia’s top Association for 2008–2009 and was Services of the attorneys in 2008 in the category of civil installed at VTLA’s annual meeting held Hudson Valley, an litigation. Mahaffey has broad experience at the Homestead in April. He is a partner organization that as a trial lawyer and lead counsel in state with his father, Stanley, in Sacks & Sacks, provides free civil and federal cases involving business, their Norfolk, Va., law firm. Andrew legal services to poor and low-income corporate and commercial matters, as focuses his practice on plaintiffs’ personal individuals and families. LSHV represents well as arbitration and mediation. He has injury and criminal defense. clients in the areas of housing, domestic been the principal attorney on a number violence, elder law, civil rights, children’s of reported state and federal decisions. advocacy, disabilities, HIV/AIDS, public Mahaffey has been elected to the Legal Sidley Austin, Gilles Sion joined long- benefits, consumer law, and education. Elite since its inception in 2000, having standing client, KPMG, as a principal and On August 1, after close to 26 years at been named to the Legal Elite by Virginia its deputy general counsel. At KPMG, serving as an attorney in the domestic Business from 2000 to 2008, to Sion heads the transactions group in the violence unit, then heading the children’s Washingtonian’s list of Top Attorneys in office of general counsel. He will continue advocacy unit, and working in the Protection the Washington Metropolitan Area in to be based in New York. and Advocacy for Disabled Adults Program. 2004, and to the Super Lawyers list in Stiebel has been with LSHV since 2001, Christopher R. Wall serves as the Assistant Secretary of Commerce for Virginia and the Washington, D.C., area Beat U. Steiner and since and including 2006. Edyn Jessup ’03 have Mahaffey has written and published published Commercial Export Administration. Confirmed on a narrative history of his firm on the Leasing in Colorado: A June 27, Wall is the principal advisor to the occasion of its 100th anniversary, Practical Guide Bureau of Industry and Security’s Under McCandlish & Lillard 1908–2008: 100 Years (Bradford Publishing). Secretary on dual-use export control of Tradition, Innovation, and Results. (See Steiner is a partner policy. He is responsible for developing In Print) and implementing policies governing the and Jessup an associate in the Boulder, Colo., office of export of dual-use items controlled for In August, Kathy Robb, a partner in Holland & Hart, a firm of 450 lawyers with national security, nonproliferation, and Hunton & Williams’ New York office, offices throughout the Rocky Mountain foreign policy reasons. was featured in The Glass Hammer, region. Steiner heads the firm’s resorts, UVA Lawyer • Fall • 2008 | 63 Class Notes lodging, and leisure practice group and is to serve on the National Credentials Blaine A. Lucas was named by recognized in Chambers USA, Best Lawyers Committee as a part of the Pennsylvania Pennsylvania Super Lawyers Magazine as in America, and Colorado Super Lawyers. Delegation to the Democratic National one of the top lawyers in Pennsylvania for (See In Print) Convention in Denver, Colo. 2008. He is with Babst, Calland, Clements and Zomnir in the government/cities/ 1981 Lora Dunlap has been municipalities section of the Pittsburgh named by Florida office. The honor was also noted in Trend magazine as Philadelphia magazine. John B. Boatwright, III, has been named part of the Florida Special Capital Counsel to the Virginia Legal Elite 2008. David Warden joined the board of Indigent Defense Commission. He was Dunlap serves clients directors with InNexus Biotechnology Inc., formerly the Capital Defender for the with complex a drug development company. Warden is Central Region of Virginia. litigation matters, considered one of Houston’s top Lawyers particularly in the area of securities law. by H magazine and was recognized as Gov. David Patterson’s She also has experience in professional one of the Texas Super Lawyers in Texas appointment of liability defense and has handled Monthly magazine from 2003–2006. Thomas C. Buckel, appellate work in all areas of tort law. She Warden has published many articles Jr., to the board of was one of the founding shareholders of during his career, including “Trade Secrets trustees of the State the firm in 1984. and Patents: Comparison and Contrasts in Royalty Determination,” and “How to University of New York College of William Herlihy was ranked high for Environmental natural resources law by Chambers USA. Science and Forestry was confirmed by Herlihy practices with Spilman Thomas & the New York State Senate. Buckel, a Battle in their Charleston, W.Va., office. Quantify Trade Secrets Theft.” 1982 partner at Hancock & Estabrook in Syracuse, is also a member of the Matthew Jacobs recently joined Jenner James S. Ryan III was Onondaga County Legislature. & Block in their Washington, D.C., elected as a fellow of office. Jacobs continues doing insurance the Texas Bar Brenda Cubbage is coverage work for policyholders. He was Foundation. He is a one of five well- listed by Chambers and Best Lawyers in partner in the Dallas known Dallas America for his work. office of Jackson attorneys — all Walker, specializing in long-term partners at transactions, four major firms — corporate & securities, health care, life who have launched Spencer Crain Cubbage Healy & McNamara (www.spencercrain.com). With a focus on Trevor Potter and Thatcher Stone at litigation, employment, immigration and the opening session of the Republican mediation, the firm was founded: 1) to convention in St. Paul, Minn., on Labor meet the need of corporations focused on Day. Potter, a former chairman of the diversity to hire woman-owned law fi rms Federal Election Commission, was general with the experience and pedigree to counsel to the McCain campaign. As handle substantial cases, and 2) in general counsel he was responsible for all response to the desire of clients to fi nd legal matters pertaining to the campaign nimble firms more aligned with their and was a member of the campaign senior business goals, including alternative staff. Potter led a contingent of more than 20 lawyers at McCain HQ in Arlington, Va. billing options. He was on leave from Caplin & Drysdale, where he is a partner. Thatcher, CEO of Xavian Group AG, was a professional volunteer to the McCain organization for the convention. Matthew D’Annunzio, partner in the He spent a week whipping platform and rules committee delegates to finalize the party commercial litigation group at Blank platform and convention rules, and then assisted in floor ops during the convention. Rome in Philadelphia, was selected 64 | UVA Lawyer • fall • 2008 Class Notes employment litigation. In 2007 the qualified attorney to hold the role of was also recently named a Texas Super Washington Business Journal selected him president. Taylor is a real estate attorney Lawyer. as a Top Washington Lawyer. with extensive experience in real estate sciences, and medical technology. Ryan development and fi nance. Jay and Elizabeth Tannon are pleased to announce that their daughter, Katherine, In February, Guy Lewin-Smith LL.M. graduated from the University of Virginia became a partner at the London office in May, receiving a B.A. in history. of Debevoise & Plimpton, where he will continue to focus on mergers and Raymond G. Truitt has been recognized acquisitions and securities matters. He among the Leaders in Their Field in real was previously a partner with Linklaters estate law in the 2008 edition of Chambers for 13 years. USA, America’s Leading Lawyers for Business. He is managing partner in Greg Musil serves as chair of the the Baltimore office of Ballard Spahr 900-member Overland Park Chamber of Andrews & Ingersoll. Commerce. He also chairs a campaign 1983 Joseph Varner has been selected for committee opposing a ballot initiative inclusion in The Best Lawyers in America’s to change the method of selecting trial bet-the-company litigation category and court judges by partisan political election commercial litigation category. For the instead of merit selection. second year in a row, Varner has been named one of the top 100 lawyers in The International Association of Defense Irwin M. Shur has been named vice Florida in the Super Lawyers survey. “More Counsel elected James president, general counsel and secretary important than any of that,” says Varner, M. Campbell as for Snap-on Incorporated in Kenosha, his wife, Monica, and their son, Evan, were president-elect of its Wisc. Regretfully, Irwin missed the “blessed with the birth of Evan’s little board of directors for 25th reunion as a result of the timing brother, Eric Harrison Varner, in July.” the 2008–2009 term. regarding his new position. He and his Campbell is president wife, Kathie, and children, Olivia and 1984 Reunion Year of Campbell Campbell Edwards & Conroy Isaac, will be relocating to the northern in Boston, Mass. He focuses his practice on suburbs of Chicago, where they will civil litigation and the defense of become reacquainted with snow and cold Guy Beckett has a solo commercial catastrophic product liability, toxic tort, weather after five years in Florida. litigation, class action, and personal medical device, pharmaceutical, and injury practice in Seattle, Wash. negligence matters throughout the United Jennifer Marie Otto and Bob Simmons States. Campbell serves as trial counsel for were married July 7, 2007, in Salt Lake C. Stephen Bigler, Ford, Honda, Toyota, Terex, Freightliner, City, Utah. In April, Simmon’s previous president of Richards, Chrysler, Marriott, Crown, Mitsubishi, firm of Helms, Mulliss & Wicker merged Layton & Finger in Kia, Isuzu, Raymond, and other major into McGuireWoods, and he became Wilmington, Del., has corporations. He is also trial counsel for a co-head of the combined firm’s real been listed in the 2008 variety of insurers, including AIG, estate practice group in Charlotte, N.C. edition of The Lexington, ACE, Allianz, Tokio Marine, He continues to serve on the board of International Who’s Sompo Japan, Church Mutual, and others. the Council for Children’s Rights and a Who of Merger & He has tried cases in 13 different states and committee of the Children and Family Acquisition Lawyers. Bigler was also tried more than 75 cases to verdict. Services Center. His sons, Rush and Grier, recognized for excellence in the are in college in North Carolina, and his corporate/mergers and acquisitions Joyce Elden has been elected to a five-year daughter, Ann, is a high school freshman. category in the 2008 edition of Chambers term on the board of trustees of Simmons Jen’s daughters are in college in Utah. USA — America’s Leading Lawyers for College (her alma mater) in Boston, Mass. Business. A member of the firm’s Victor A. Taylor has been named corporate transactional group, Bigler Dan Johnson is a partner at McKenna president of Parr Waddoups Brown counsels corporations, officers, directors, Long & Aldridge in Washington, D.C., Gee & Loveless in Salt Lake City, Utah. board committees, stockholders, and where he practices commercial and Each year, the fi rm’s management investors on matters involving Delaware’s succession plan identifies a unique and UVA Lawyer • Fall • 2008 | 65 Class Notes General Corporation Law and related THOMAS BYRNE ’84 was recently issues in a wide variety of transactional recognized as a co-inventor of the underlying and operational contexts. technology of Amgen’s blockbuster drug Aranesp®, a erythropoiesis stimulating agent Martin Clark published his third novel, (US Patent No. 7,217,689). The Legal Limit, in July. Since 1995, Clark This breakthrough drug has now has served as a circuit court judge for the benefited the health of millions of patients Virginia counties of Patrick and Henry suffering from chronic kidney disease or and the city of Martinsville, Va. He lives chemotherapy-induced anemia. It has in Stuart, Va., with his wife, Deana. (See substantially reduced the number of blood In Print) transfusions needed by patients with these conditions. It has become Amgen’s (the world’s largest biotechnology company in terms Madaline Herlong’s young adult novel, of sales) most successful product. No other biotechnology drug has been both in the The Great Wide Sea, was published by top 10 selling drugs in the United States in the past 3 years (2005–2007) and the top 10 Viking in October. It is an adventure selling drugs in the world (2006), nor has any biotechnology drug sold as much in its first bildungsroman about three boys lost as 6 years after FDA approval, as has Aranesp® (source IMS Health). sea and was inspired by her own four Aranesp® is also unique in that it represents the first major biotechnology sons. Madaline is currently in the English drug in which the structure of a naturally occurring human protein was engineered doctoral program at Tulane, after retiring to enhance its therapeutic activity. The approach of adding glycosylation sites to from law practice and teaching in 1991. (hyperglycosylating) proteins developed with erythropoietin has been applied to other (See In Print) proteins, demonstrating that the serum half life and activity of other proteins can be extended as well. This field is often referred to as glycoengineering. John Ragosta was awarded a Ph.D. in Byrne completed undergraduate degrees at Virginia in chemical engineering and early American history by the University nuclear engineering, as well as a master’s degree in biochemical engineering at Yale. In of Virginia in May, after he completed 1984, Byrne joined the law firm of Cushman, Darby and Cushman in Washington, D.C. In a short-term fellowship at Monticello. 1987, he was recruited by the world’s first biotechnology company, Genentech in South Before returning to Charlottesville to San Francisco, Calif. He worked there as a patent attorney as that company launched its continue his education, John was an first major drug-recombinant TPA (Activase®). In 1988, Byrne joined the legal department international trade partner at Dewey at Amgen in Thousand Oaks, Calif. It was there that Byrne and researcher Steven Elliott Ballantine in Washington, D.C. He, his developed the Aranesp® technology. Byrne also drafted the patent application on the wife, Liz, and their children, Greg and invention. Sarah, live in Rixeyville, Va. Byrne is currently a consultant for several start-up biotechnology companies on intellectual property, contract, and business issues, including Diffusion Pharmaceuticals Carolyn Tillman was recently promoted in Charlottesville. He also serves on the boards of several pharmaceutical companies. to managing counsel of Vintage Production California and is moving from Houston, Tex., to Bakersfield, Calif. Martha N. Donovan, McCutchen in San Francisco, where he a member of the was the firm-wide head of the litigation Somerville law fi rm of practice. Hockett will continue his Norris McLaughlin & complex commercial litigation practice at Emily Jane “E.J.” Bennett is returning to Marcus, spoke at a Davis Polk. the legal profession. “I am slowly flaking seminar entitled “Site off the legal rust engendered by 14 years Remediation in New Kurt L.P. Lawson has joined Hogan & of staying at home with three sweet Jersey.” Donovan Hartson as a partner in the Washington, 1985 kids.” She is now of counsel with a small discussed special issues for residential and D.C., office, where he is a member of Denver firm specializing in real estate and mixed-use redevelopment projects, the employee benefits and executive business law and working only the hours including childcare centers and schools. compensation practice group, part of the firm’s business, finance, and tax practice. the kids are in school. “What a fabulous gig this is!” Christopher Hockett recently joined He focuses primarily on issues involving Davis Polk & Wardwell as a partner in pension and welfare benefit plans, executive the firm’s Menlo Park, Calif., office. He compensation, executive fringe benefits, was previously a partner with Bingham 66 | UVA Lawyer • fall • 2008 Class Notes and employment taxes. He has particular Barry Faber has been promoted to Elizabeth Stewart has knowledge regarding pension plan executive vice president & general counsel been elected investment issues and employee benefit of Sinclair Broadcast Group, one of the managing partner of plans of tax-exempt and governmental nation’s largest and most diversified Murtha Cullina in employers. Before joining Hogan & television broadcasting companies. New Haven, Conn., Hartson, Lawson was a partner in Pillsbury for a three-year term. Winthrop Shaw Pittman’s executive Ellen Farraye Bonaventura gave the Stewart served for compensation and benefits group. commencement address for her alma nine years as chair of mater, Paramus Catholic High School, at the litigation department. Having joined In September 2007, William the IZOD Arena in East Rutherford, N.J., Murtha Cullina in 1986, Stewart is a trial O’Shaughnessy joined Quest Diagnostics on June 2. Ellen is a founding member lawyer principally handling insurance as assistant general counsel and secretary, of the PCHS Consultative Board, which coverage and complex commercial after 12 years at Morgan Stanley. “It has was established in January 2007. The litigation. been interesting learning about a new board’s mission is to provide additional industry — challenging and fun!” expertise to the school in the areas of Rob Tiller recently joined Red Hat, Inc. as fi nance, facilities, strategic planning, and vice president and assistant general counsel advancement. for intellectual property. Headquartered in Linda S. Wendtland has been appointed to the Board of Immigration Appeals. Raleigh, N.C., with offices in 58 countries, The board is part of the Executive Office Scott Gerber has been Red Hat is the leading provider of open for Immigration Review, located in named Ella & Ernest source software. Prior to this move, Tiller Falls Church, Va., and is responsible for Fisher Chair in Law was a partner with Helms, Mulliss & hearing appeals of decisions rendered and Professor of Law Wicker, leading the Raleigh commercial by immigration judges or certain at Ohio Northern litigation practice. Department of Homeland Security University. He also officers. It is the highest administrative has been appointed to On August 6, Maryland Governor Martin body for interpreting and applying federal a two-year term on O’Malley appointed Edward G. Wells to immigration laws. Wendtland has served the Ohio Advisory Committee of the U.S. the District Court of Maryland. Wells is as an assistant director in the Office of Commission on Civil Rights. His most the fi rst African American to be Immigration Litigation since May 1996. recent book is The Law Clerk: A Novel. appointed to the bench in Southern Maryland. He previously served as a 1986 Will Hopkins began writing songs in 2000 Maryland Assistant Attorney General and within a year left full-time practice of (Criminal Appeals Division) and the law to concentrate on songwriting. For the State’s Attorney for Calvert County, Md. Andy Abrams LL.M. is now dean of past six years he has split his time between the Charleston School of Law in South Washington, D.C., and Nashville, Tenn. Carolina. Abrams writes, “As Casey Eight of his songs have been recorded by Stengel once remarked after receiving independent artists. His song “When You congratulations on yet another World Come From Nothing” earned him a spot In April, MaryBeth Keller was sworn in Championship, ‘I couldn’t have done it as a finalist in the 2008 American Idol as the Assistant Chief Immigration Judge without the fellas.’” Songwriter contest. for Conduct and Professionalism at an 1987 investiture ceremony at the Executive Bill Eigner was selected by his peers in the John J. Jenkins, a partner at Calfee, Office for Immigration Review in Falls San Diego region for Top Attorneys 2008 Halter & Griswold in Cleveland, Ohio, Church, Va. in the area of corporate transactions. His was recognized as a leading attorney corporate business practice emphasizes in corporate law and mergers and Michael J. Maimone has joined the venture capital and the fi nancing, acquisitions by Chambers & Partners in Wilmington, Del., office of Greenberg governing, operating, buying, selling, and their 2008 Chambers USA Guide. Traurig as a shareholder in the corporate merging of growing technology and other businesses. and litigation practice groups. Prior to Edward Rogers was recognized by joining Greenberg Traurig, Maimone was Chambers USA: America’s Leading a partner with Edwards Angell Palmer Lawyers for Business for excellence in his & Dodge. His practice concentrates on practice of real estate law. the counseling of corporate clients on a UVA Lawyer • Fall • 2008 | 67 Class Notes Monument, their luxury four-guest room The U.S. Secretary of Commerce recently bed and breakfast opened its doors on appointed John B. Farmer to a three- October 1. Their Web site is www. year term as chairman of the Trademark Join the Law School’s volunteer team. mauryplace.com, and they encourage all Public Advisory Committee of the United Contact Helen M. Snyder ’87 to stop by for a visit or a more leisurely States Patent and Trademark Office. stay at their inn in Richmond’s museum TPAC is a nine-member committee that district. reviews the USPTO’s policies, goals, WANTED: A few good annual giving volunteers helensnyder@virginia.edu 434-924-4668 performance, budget, and user fees broad range of matters, including hostile 1988 acquisitions, going-private transactions, concerning trademarks. John is a member of the Leading-Edge Law Group, which is a Richmond, Va., law firm that specializes corporate restructuring, mergers and Julian Cook LL.M. was recognized in other negotiated transactions, and proxy May by the State Bar of Michigan for contests. He represents clients in litigation his 50 years of membership. In March, Harry Franks recently joined Ernst & involving mergers and acquisitions, the Federal Bar Association for the Young as a principal in their Dallas, Tex., class and derivative actions, and general Eastern District of Michigan announced office. He specializes in international tax corporate law issues. the establishment of an award to be planning. exclusively in intellectual property matters. given annually in recognition of a civil Alfred “Ran” Randolph just celebrated practitioner who is an outstanding Greg Giammittorio was recently named his 20th anniversary with Kaufman & example of professional excellence co-chair of the mergers and acquisitions Canoles in Norfolk, Va. He has three sons, and civility. The award will be called practice group at Morrison & Foerster in Ranny (12), Christian (8), and Peyton (5), the Julian Abele Cook, Jr.–Bernard McLean, Va. He and his wife, Dawnee and will be celebrating his 18th wedding A. Friedman FBA Civility Award, in Tate ’87, are the parents of Carrington anniversary in July with Kristen. “I am recognition of the dedication to civility (18) and Joseph (16). Carrie graduated so proud each time I read about all my of two outstanding jurists. In 1998, Cook from Stone Ridge School of the Sacred classmates’ accomplishments when I read convened the first Civility Committee Heart this year and is a first-year at the UVA Lawyer!” in the Eastern District of Michigan University of Virginia. Joe attends and fostered the implementation of the Georgetown Prep. Lt. Col. (Ret.) Barry K. Simmons LL.M. Court’s Civility Principles. retired from the U.S. Foreign Service Margaret Henderson has lived in Idaho following his assignment at the U.S. John M. Cooper of Shapiro, Cooper, since graduation. She worked in the Consulate General Shanghai, and he has Lewis & Appleton in Virginia Beach, civil litigation department of the Idaho returned to the U.S. to settle down in Va., has been elected to a one-year term Attorney General’s Office until 1998. She Fayetteville, N.C., with his youngest sons, (2008–2009) as chair of the Railroad Law then changed careers and became a social James and Joey. Section of the American Association for worker. Her husband, Michael, is still a Justice during AAJ’s annual convention lawyer, and the couple has “two lovely Tom Walls has been named a professorial in Philadelphia, Pa. The Railroad Law daughters.” lecturer in law at George Washington Section of the AAJ promotes rail safety University Law School. He co-teaches a and protecting the rights of the public Stephen Koldin practices in the field of course entitled “Lawyers, Lobbying and and railroad employees. Cooper’s practice elderlaw (trusts and estates and Medicaid the Law” that examines legal, ethical, is exclusively in plaintiff’s side railroad law) in Syracuse, N.Y. He is married to and practical issues relating to lobbying and general personal injury law. Wendy and has three boys, ages 10, 12, in Washington. He is a vice president for and 14. federal public affairs at McGuireWoods Kelley Coyner and her husband, Tim Consulting and senior counsel at Sears, and their three children have Marcia Voorhis Andrew is a partner with McGuireWoods, where his practice deals successfully reentered the Washington, Taft, Stettinius & Hollister in Cincinnati, mainly with federal campaign fi nance law D.C., area after six years in Paraguay and Ohio, where she serves as chair of the and related compliance and ethics issues. Bolivia. Coyner continues to celebrate firm’s franchise and distribution practice the publication of a travel guide to Latin group. She was elected to the Middletown Jeff Wells has embarked on a new career America while she ramps up her new job City School District Board of Education as an innkeeper with his life partner, Mac as chief of staff to the senior policy group Pence, in Richmond, Va. Maury Place at of the National Capital Region. 68 | UVA Lawyer • fall • 2008 Class Notes in Middletown, Ohio, where she lives with and consulting with clients on formulary council of the Health Law Section of the her husband, Will, and three children, drug lists and plan design. Moriarty North Carolina Bar Association. Wall Alex (14), Rachel (12), and Mark (10). assumed this role in addition to his has experience in counseling corporate responsibilities as senior vice president, and health care clients in significant Alexander “Whit” Whitaker retired pharmaceutical contracting. He has contractual relationships, including from the Navy last year after 25 years, held a variety of senior level positions, relationships with employees (non- fi nishing his Navy JAG career as a captain including senior vice president, business compete and confidentiality issues), and commanding officer of the Navy’s development, where he led Medco independent contractors, and vendors. legal service office in Jacksonville, Fla. He through a series of complex multibillion- A certified mediator, Wall has been took command in 2005, after heading up dollar negotiations. He has also served as recognized as a Legal Elite by Business the Navy’s general civil litigation office in deputy general counsel. North Carolina magazine and was selected for inclusion in the health care section of Washington, D.C. He has returned to his undergraduate alma mater, Berry College, Tamara Preiss moved to Verizon Wireless where he is assistant vice president for in January, after 10 years at the Federal major gifts and planned giving. Berry is Communications Commission. an independent liberal arts college in the Best Lawyers in America 2008. 1990 Northwest Georgia that is known for its James S. Rollins has emphasis on work and service, and which joined WolfBlock as a Catharina Min has joined Reed Smith and boasts a national-park-like campus four partner in the still lives in San Francisco. She is very busy times the size of the city of litigation practice with her two girls, Isabella (4) and Sydney Charlottesville. group in the Boston, (2), and continues her corporate and Mass., office. Prior to mergers and acquisitions work (with an joining WolfBlock, emphasis on representing Asian clients). 1989 Reunion Year Rollins was a partner with Bingham McCutchen. Rollins Michael A. Newton serves as Professor Keith Barritt has been named to the focuses his practice on the representation of the Practice of Law at Vanderbilt Legal Media Group’s 2008 Guide to of fi nancial institutions, including broker University Law School. He remains the World’s Leading Trade Mark Law dealers, investment management fi rms, active in the field of international Practitioners. Barritt is a principal with hedge funds, and banks. He has extensive criminal law in addition to his teaching Fish & Richardson in the Washington, experience representing clients in general responsibilities. Of particular note, his D.C., office. His practice focuses on securities regulatory and enforcement book entitled Enemy of the State: The all aspects of trademark law, including defense matters; in disputes arising with Trial and Execution of Saddam Hussein prosecution and inter partes proceedings principals, investors and employees; and before the U.S. Patent and Trademark with regard to creditors’ rights and Office, Internet domain name issues, and bankruptcy. Rollins also handles general trademark selection and enforcement. commercial litigation matters, including He is also experienced in all aspects of First Amendment issues in which he In the Spring 2008 UVA Lawyer medical device regulation by the U.S. represents publishers, broadcasters, and we wrongly married two alumni. Food and Drug Administration, including individuals, as well as intellectual obtaining marketing authorization for property matters. Among his other marry a UVA alumnus on medical devices, use of new devices for professional affi liations, he is also a board September 29, 2007. Meredith investigational purposes, and import and member of and counsel for Lawyers married Andrew Parker (Eng export issues. Without Borders, Inc., the world’s largest ’95, ’96), not Andrew Parker ’90. Setting things STRAIGHT Meredith Caskey ’02 did globally oriented group of volunteer Meredith and Andrew reside Thomas M. Moriarty has been appointed attorneys who support nonprofit in Washington, D.C., where general counsel and secretary of Medco organizations, Rule of Law initiatives, Meredith is a partner at Health Solutions, Inc., in Franklin Lakes, legal capacity building projects, and McDermott Will & Emery. N.J. He will oversee the company’s legal human rights work around the world. and government affairs organizations, Andrew Parker ’90 reports that he has been, and remains, negotiations with pharmaceutical Jim Wall, a partner at the law firm of happily married to Susan Parker manufacturers, drug purchasing analysis, Wall Esleeck Babcock in Winston-Salem, for 14 years. N.C., has been appointed to the executive UVA Lawyer • Fall • 2008 | 69 Class Notes Campaigning for Clemency volunteers as a tennis coach, as well as hikes and camps with his wife, Dorothy Pater, and their two children, Andre (8) and Margot (5). PHOTO COURTESY DAILY REPORT by Peter Trauernicht AFTER HER EFFORTS to present mitigating factors finally succeeded, Ann Fort ’91, partner with Sutherland in Atlanta, Ga., recently concluded a 12-year effort to save the life of Samuel David Charles Durant was promoted to senior counsel at Science Applications International Corp., in McLean, Va. Michael T. Fois made it to Antarctica Crowe. Fort’s campaign ultimately led in February, the seventh of the seven to clemency and a reduced sentence of life without parole for Crowe, just two hours continents he has visited since graduating. before his scheduled execution for the murder of a coworker in 1988. He celebrated by getting himself a dog, “A Fort’s legal endeavors began with two state habeas petitions in 1996 and 2002, beagle who is far more popular than he both of which were unsuccessful. In 2003, she filed cert with the U.S. Supreme Court, ever was,” jokes Michael. In 2007, Michael but it was denied. Then, in 2006, Fort and attorneys from the Federal Defender Office came out of retirement to take a public convinced a U.S. District Court to grant in part a motion for appealability. Fort then service position as a hearing officer with followed the case to the Eleventh U.S. Circuit Court of Appeals, which denied relief. the New York City Office of Collective Crowe filed cert with the Supreme Court, but it was again denied in April of 2008. Early Bargaining. this May, Fort learned that the state planned to execute Crowe on May 22. Fort then began a campaign outside of the legal system to try and save Crowe’s As of September, Heather Polzin serves life. After informing the Board of Pardons and Paroles that she and her team were going as general counsel to the Maryland Public to seek clemency, Fort set to work. Her team first sent the board letters of support from Service Commission, which regulates 50 people pleading for Crowe’s life. They also submitted an 11-page excerpt from prison Maryland utilities. She and Evelyn (9) are records that detailed the extent to which Crowe had been a positive influence in prison, looking forward to reconnecting with old cooperating with guards and improving literacy among his fellow prisoners. Fort’s team friends in the Baltimore area after nearly also submitted some 2,000 post cards with pictures of Crowe throughout his life and a nine years in Virginia. signature from the senders with text explaining why he should be granted clemency. Finally, the team prepared a 115-page brief with exhibits on Crowe’s behalf, something Jeff Stredler recently joined AMERIGROUP the prosecution was surprised to learn Fort had done. Corporation in Virginia Beach, Va., as a Fort argued before the board on the morning of Crowe’s scheduled execution. She senior vice president and senior litigation focused on Crowe’s remorse and his attempts to rehabilitate. She detailed the extent counsel. Prior to joining AMERIGROUP, to which guards in prison relied on his positive and peace keeping influence on other Stredler was a partner in the Norfolk inmates, and how he had been active in programs to deter drug use among youth in office of Williams Mullen. his former community. She argued that granting clemency would not violate efforts to uphold the legal system, highlighting that Crowe’s counsel during his trial had failed to introduce the mitigating factors of his drug use and questionable mental health. 1992 Later that day, Fort struggled heavy-hearted through a meal with several of Crowe’s friends just a few hours before Crowe’s scheduled execution. She received a call from a John E. Foster is city attorney for the city representative of the Board of Paroles and Pardons, informing her that they had voted of Falls Church, Va. In his new position he to commute the death sentence to life without parole. Her efforts of nearly 12 years had serves as legal advisor to the city council, finally come to fruition, saving the life of a man in the face of daunting odds — Crowe’s school board, city manager, and city request was only the third out of 24 such requests to have been granted since 1995. departments, boards, and commissions. His duties also include drafting ordinances and reviewing proposed ordinances and contracts. Foster was published by St Martin’s Press in Henry Su is a partner in Howrey’s previously served as Assistant County September. The narrative work is a Silicon Valley office, where he specializes Attorney for Fairfax County. defi nitive history of the Saddam Hussein in antitrust and intellectual property trial, fi lled with insights from Newton’s litigation. He was elected earlier this Steve Golder was named as one of the four trips to Baghdad to serve as legal year as a Fellow of the American Bar Best Lawyers Real Estate; Land Use and advisor to the tribunal. (See In Print) Foundation. In his spare time, he Zoning; Corporate Law; Commercial 70 | UVA Lawyer • fall • 2008 Class Notes and Business law; and Mergers and and securities matters. He represented company, a post he’s held since July 1, 2007. Acquisitions in Best Lawyers in America. GM in its 2007 sale of Allison Transmission As CEO, he will oversee all of the Golder is an owner/member of Jenkins to Carlyle and Onex for $5.6 billion. company’s U.S. and international Fenstermaker, in Huntington, W.Va., and operations, including individual life represents individuals and businesses in In April, Maurice Jones was named insurance, retirement income, buying, selling, and leasing commercial publisher of The Virginian-Pilot. Jones investments, and long-term care real estate. joined Landmark Publishing Group, insurance. These operations include New which oversees The Pilot and other York Life’s life insurance and annuity Joseph P. Gromacki newspapers owned by Norfolk-based programs offered through AARP, and New was recognized in the Landmark Communications Inc. in 2005. York Life Investment Management, LLC, which provides institutional asset April issue of The American Lawyer Ted Mathas assumed management, retirement plan and trust magazine as one of the position of chief services, as well as institutional and retail 2007s Dealmakers of executive officer of mutual funds. Also under his purview is the Year and among New York Life New York Life International, the the Top Transactions Insurance Company, international arm of New York Life Lawyers for 2007. He is a partner with the largest mutual life Insurance Company, which offers Jenner & Block in Chicago and chairs the insurance company in insurance products in Asia and Latin firm’s corporate practice. Among his the United States with America through its subsidiaries and other clients, Gromacki regularly 15,000 employees and 50,000 agents affiliates in China, Hong Kong, India, represents General Motors in some of its worldwide, and more than $280 billion in Taiwan, Thailand, South Korea, Argentina, most complex mergers and acquisitions assets under management. Mathas, 41, and Mexico. retains the title of president of the As CEO, Mathas leads New York Life’s career agency force, including more than 50,000 agents in the United States and abroad. Mathas joined New York Life in June 1995 as an officer in the Asset Management Department. He and his wife, Keryn, live in Armonk, N.Y., with their three children. Jeffery Naness is a partner with Naness, Chaiet, & Naness, a New York based firm that represents management in employment law and labor relations matters. He is married and has two sons. Jonathan Perkel was European Alumni Reunion named senior vice president and general counsel to Travelocity. THIS SUMMER, 37 Law and Darden graduates and their spouses met in Frankfurt, Travelocity is one of Germany, for a Thursday through Sunday reunion. The gathering was organized by the largest travel Jutta Schneider, LL.M. ’91, her husband, Dirk, MBA ’92, and Burkhard Schneider, companies in the LL.M. ’96. world, with gross Dinner at a sports bar Thursday night was followed by an academic session bookings of more than U.S. $10 billion in on Friday, a walking tour of the old section of Frankfurt and a dinner at Zum 2007. Travelocity also owns and operates Grauen Bock Restaurant, which features local fare. On Saturday the group bused to Travelocity Business® for corporate travel; the Rheingau Wine area for a day at Schloss Johannisberg, perhaps the best known igougo.com, a leading online travel producer of Riesling wines. Dinner that night was at the Main Tower Restaurant community; lastminute.com, a leader in overlooking the city. This first effort to bring Law and Darden graduates together European online travel; and ZUJI, a was considered to be a great success. leader in Asia-Pacific online travel. In UVA Lawyer • Fall • 2008 | 71 Class Notes 1994 Reunion Year connection with his new position, Perkel Richard Herz has worked for EarthRights and his wife, L.A., will be relocating from International, a human rights Brooklyn, N.Y., to Dallas, Tex. Prior to his organization based in Washington, D.C., Robert Kramer married Joanna Stevens current role, Perkel was Travelocity’s vice since 1999. For the past five years he has on March 1 in Noosa Heads, Queensland, president and deputy general counsel. been living in West Hartford, Ct., with his Australia, near Joanna’s parents’ home. wife, Betsy (Rodney), and their three kids The couple traveled through Western — Allie, Danny, and Jacob. Australia, Southern and Eastern Africa, Vytas Petrulis is a and then back to the East Coast of partner in the real estate law practice of Thomas McThenia, Australia for five months. After returning Jackson Walker in Jr., was recently made to work at Rambus in Los Altos, Calif., Houston and serves partner at Lowndes, Robert and Joanna packed up and moved clients in real estate Drosdick, Doster, to Sydney, Australia, where Joanna development and Kantor & Reed, in heads up corporate communications at investment, leasing Orlando, Fla. His Microsoft, Australia. and finance. He has represented real estate practice areas include investment trusts, pension funds, and intellectual property, In Atlanta, Kevin Maxim, Sean Coleman opportunity funds in real estate technology and Internet law, and sports ’95, and Arnold Evans ’96 teamed up to acquisitions and dispositions, including and entertainment law. plan a Law & Darden grassroots event to support the election campaign of Judge large, multi-state portfolio transactions; institutional landlords and corporate Robert J. Schmidt, Jr., is ranked as Susan E. Edlein ’95. Edlein was appointed tenants in office, industrial and retail one of Ohio’s Up & Coming Attorneys to the State Court of Fulton County in leasing; developers in real estate in the area of natural resources and March and faces two challengers leading development projects, including complex, the environment, according to recent up to the November 4 election. The mixed-use projects; and lenders and rankings by Chambers & Partners, spirited event occurred September 25 on borrowers in commercial loan transactions. publishers of Chambers USA: America’s the rooftop of Atlanta’s popular Six Feet Leading Lawyers for Business. Schmidt, a Under restaurant overlooking the Atlanta partner in Porter Wright’s environmental skyline. It was the perfect excuse to gather practice group, represents clients in the UVA Atlanta community to have a all major environmental programs, good time, to celebrate UVA, and to share Jill M. Browning has been made a including the Clean Air Act, Clean Water in a sense of purpose by supporting Susan shareholder with the micro-boutique Act, Superfund, solid and hazardous in her crucial election campaign. patent law firm, ASHE, in Reston, waste, emergency planning, and Va., where she focuses her practice on agricultural issues. 1993 litigating patents and related causes 1995 as well as all aspects of negotiating Sara Stadler Jackson and her husband, and drafting agreements relating to Jason Jackson, welcomed their fi rst child, Chris J. Akin was recognized as one of the intellectual property. a daughter named Hazel Rose Jackson, 15 top defense lawyers in Dallas, Tex., at the on October 21, 2007. Sara is an associate Dallas Business Journal’s “The Defenders” Pat Campbell retired from the Marine professor at the Emory University School event in June. He is a partner in the Corps in 2006. He teaches twelfth grade of Law in Atlanta, Ga. Her husband is a business litigation section of Carrington, U.S. government and coaches soccer at patent attorney. Coleman, Sloman & Blumenthal. in Charlottesville. Campbell and his wife, C. Stewart Verdery, Jr., continues as In Atlanta, Sean Coleman, Kevin Maxim Arlene, love being back in Charlottesville partner and founder at Monument Policy ’94, and Arnold Evans ’96 teamed up and hope to see classmates when they are Group in Washington, D.C. The firm has to plan a UVA Law & Darden grassroots in town. grown to six professionals. Verdery also event to support the election campaign served as senior immigration advisor to of Judge Susan E. Edlein. Edlein the Giuliani for President campaign. was appointed to the State Court of the Covenant School, a Christian school Rich Gross was promoted to Colonel on January 17. He was selected to attend the Fulton County in March and faces two U.S. Army War College, Carlisle Barracks, challengers leading up to the November Pa., for academic year 2008–2009. 4 election. The spirited event occurred September 25 on the rooftop of Atlanta’s 72 | UVA Lawyer • fall • 2008 Class Notes Reunion Weekend EACH MAY THE Law School Alumni Association hosts Law Alumni Weekend (LAW) in Charlottesville. We asked the Alumni Association for some key facts about the weekend. We share them here, along with some photos of the weekend’s highlights. Number of people in town for LAW 1114 (the most ever) Number of guests who confirmed the Clark Hall Mural replicas placed in the Law School were anatomically Number of Mint correct 220 Juleps consumed at the Kentucky Derby party Pounds of BBQ enjoyed at the picnic 153 Number of kids who were dazzled by the magician or had their faces painted ‘Hoos who picked up some historic facts on the “Hoo Knew Tour” of the Grounds 120+ 112 Largest gift for reunions Most participants in class gift Class of 200+ Class of 1978 2003 #1 reason Law alumni return for LAW to see old friends and classmates UVA Lawyer • Fall • 2008 | 73 Class Notes popular Six Feet Under restaurant death, contractual disputes, and complex spirit healing. Lauded as a multi-talented overlooking the Atlanta skyline. It was multi-litigation lawsuits including artist, advocate and conscious living the perfect excuse to gather the UVA asbestos. The State Court also handles expert, Bianca has also hosted highly Atlanta community to have a good time, criminal misdemeanors. Prior to taking rated inspirational shows on networks to celebrate UVA, and to share in a sense the bench, Edlein was a litigation partner such as Lifetime, TV ONE, the TV Guide of purpose by supporting Susan in her with Holland & Knight where, she was Channel, USA, and Fox. crucial election campaign. co-chair of the firm’s national real estate litigation team. Edlein lives in Atlanta Scott Ballenger contributed to a recent The family of Loran C. deBerry wanted with her husband, Scott, and her children, brief in defense of former Qwest head his classmates to know that deBerry died ages 7, 5, and 3. Joseph Nacchio. The U.S. Court of Appeals for the Tenth Circuit in Denver suddenly in Dallas, Tex., on June 13. Mr. deBerry was a government and economics Peter S. Vincent has been appointed to has ordered a retrial for the case. The teacher in the Dallas Independent serve as the judicial attaché at the U.S. court voted 2-1 to overturn all 19 guilty School District. A nationally published Embassy in Bogota, Colombia. As the counts and ordered a new trial in front cartoonist, deBerry had traveled Department of Justice’s representative of a new judge, saying that the judge had extensively across five continents and was at the Embassy, he advises the DOJ, the improperly excluded an expert witness an avid hunter and fisherman. He was Department of State, and various law who would have testified for Nacchio. educated at Aiken Prep School, St. Angela enforcement and intelligence-gathering Nacchio was convicted of insider trading Academy, and the University of South agencies on a wide variety of issues for selling $52 million in stock in the Carolina-Phi Beta Kappa, before coming concerning extradition, foreign terrorist spring of 2001 while knowing Qwest’s to UVA Law. organizations, asset forfeiture, money outlook was deteriorating. He was laundering, judicial cooperation, and sentenced to six years in prison in July. In March, Susan narcotic trafficking. Moreover, he advises Ballenger is a partner with Latham & Edlein was appointed Colombian government officials from the Watkins in Washington, D.C., where his by Georgia Governor Prosecutor General’s Office, the Office focus is antitrust and competition and Perdue as a judge in of the President, the Ministry of Interior appellate law. the State Court of and Justice, and the Ministry of Foreign Fulton County. The Relations regarding a wide variety of Aaron J. Bullwinkel and his wife, Sarah, court is located in matters concerning judicial cooperation, welcomed their fi rst child, a son named Atlanta and handles a evidence, and information exchanges. Matthew Henry, on July 24. Aaron is wide variety of civil trials, including cases involving medical malpractice, wrongful senior counsel for International Power On May 8, John H. Zacharia and his wife, America, Inc. in Marlborough, Mass. Stella, welcomed John Yen-Lin Zacharia into the world. “Baby and Stella are doing Jay Chadwick and his wife, Leslie, well,” says John. welcomed their fi rst child, James Alexander Chadwick, on March 17. 1996 In Atlanta, Arnold Evans, Kevin Maxim ’94, and Sean Coleman ’95 teamed up to plan a Law & Darden grassroots event to Bianca (Bennett) Alexander was support the election campaign of Judge recently featured in a cover story in Black Susan E. Edlein ’95. Edlein was appointed Enterprise magazine for her work as a to the State Court of Fulton County in consumer advocate and her promotion March and faces two challengers leading of sustainable living. She is the CEO of up to the November 4 election. The Conscious Planet Media, a company spirited event occurred September 25 on PICTURED FROM LEFT to right are: that produces broadband TV programs the rooftop of Atlanta’s popular Six Feet Dan Shvodian ’96, Will Jetton ’95, and sustainable live events. Bianca also Under restaurant overlooking the Atlanta Rob Masri ’96, Jim Morse ’95, Chad co-hosts and produces Conscious Living skyline. It was the perfect excuse to gather Ence, Eugene Chang ’95 and Pete TV, a green lifestyle show featuring the UVA Atlanta community to have a Holthausen ’95 who gathered for the latest and greatest in sustainable good time, to celebrate UVA, and to share their annual fantasy baseball draft. travel and design, eco-friendly fashion, in a sense of purpose by supporting Susan conscious business, and mind-body- in her crucial election campaign. 74 | UVA Lawyer • fall • 2008 Class Notes Jonathan Gardner pro bono legal services to survivors and and his wife, Barbi, families of victims of the September welcomed Samantha 11 terrorist attack on the Pentagon. Beth Gardner, born This included the establishment of the February 9. Pentagon Memorial Fund. Sonnenschein Contact Helen M. Snyder ’87 has represented the Pentagon Memorial helensnyder@virginia.edu Fund for years, incorporating it as a WANTED: A few good annual giving volunteers Join the Law School’s volunteer team. 434-924-4668 501(c)(3) in May 2003. Donald M. Haddock, Jr., of Alexandria, Va., was unanimously elected as a judge of Stephen D. Newmark (7) and Jonah (5). Sarah is a member the Eighteenth Judicial District for a term has been recognized of Hunton & Williams’ labor and of six years commencing May 1. by the Charlotte employment team. Business Journal as a Richard Hawkins and his wife, Dawn, “40 under 40” honoree Lori Sellers is senior counsel at Husch are pleased to announce the birth of their for his outstanding Blackwell Sanders in Kansas City, Mo. second son, Nicholas Joseph Hawkins on leadership and Her practice specializes in business February 26. “He joins his older brother, commitment to the litigation, securities industry regulation Joshua, who remains skeptical.” Charlotte, N.C., community. He is a and litigation, and ERISA/employee shareholder with Robinson, Bradshaw & benefits litigation. Rob Masri and his Hinson in the corporate department, wife, Natalie, where he focuses his practice in the areas Beth Shapiro, a senior staff attorney who welcomed a baby girl, of mergers and acquisitions, intellectual has worked in Community Legal Services’ Mira Najla, into the property, and venture capital and private Elderly Law Project since 1998, now heads world on May 4. The equity transactions. He is active in several CLS’ Language Access Project, which family continues to community organizations, including the focuses on the interests and needs of reside in Charlottesville Carolina Raptor Center, an environmental limited English proficient and immigrant and welcomes all education organization, where he has been clients. CLS represents low-income on the board of directors since 2002. He Philadelphia residents through individual also serves on the board of directors for cases, class actions, and policy advocacy. Carol M. McGee has joined Alston & ArtsTeach, a not-for-profit organization Beth lives in Philadelphia with her Bird’s securities practice as a partner dedicated to maximizing academic husband, Mike, and two children, 7 and 3. in its Washington, D.C., office. She was learning for students through “exposure, most recently with the U.S. Securities practice and infusion of the arts.” visitors to their alma mater. Todd Suko joined Harman International Industries as vice president, general and Exchange Commission, where she served as deputy chief counsel in the Dilip Paliath is now the law and politics counsel, and secretary. Suko is a veteran division of corporation fi nance. As examiner for the Baltimore Examiner’s of nearly 15 years in private law practice deputy chief counsel, McGee oversaw Web site (www.examiner.com/baltimore). and corporate legal affairs. He served the administration of the rules and His posts are available online. most recently as vice president, general counsel and secretary for UAP Holding regulations under the Securities Act of 1933, the Securities Exchange Act of After spending the last six years in- Corporation and United Agri Products, 1934, and the Trust Indenture Act of 1939 house with Wachovia Securities Legal Inc., where he led legal functions such with respect to securities offerings and Department, Todd Ratner and his as regulatory compliance, intellectual periodic reporting by public companies. longtime Wachovia Securities colleague, property protection, mergers and She served as a chief legal advisor to Andrew Park, have formed Park Ratner, acquisitions, commercial contracts, and the Commission, the division staff, a law firm devoted to fi nancial services restructuring. Suko also served in the U.S. and to other divisions and offices of disputes. The firm will represent broker- Navy with distinction for four years as a the Commission on matters related to dealers, brokers, and individual and carrier-based bombardier/navigator. securities offerings and public reporting. institutional investors in arbitrations, litigation, administrative, and regulatory The Journal of the Virginia Trial Lawyers Scott Memmott recently took the lead proceedings. Todd and his wife, Sarah Association recently published an article in organizing Sonnenschein’s efforts, Yarbrough Ratner, have two boys, Ben by Scott A. Surovell entitled “To Plead and those of other law firms, to provide or Not to Plead: Domestic Assaults and UVA Lawyer • Fall • 2008 | 75 Class Notes Unforeseen Consequences.” The article bestselling author of Something Borrowed, Wendy Yoviene and her husband, Joe describes the problems and complex Something Blue, and Baby Proof. (See In Lissenden, welcomed their daughter, issues in cases involving domestic Print) Callahan (Callie) Yoviene Lissenden, into their family on February 24. violence and the far-ranging implications involved. “Counsel needs to go into a Robert Kantas has been named a partner domestic assault with a clear appreciation at Shepherd, Smith, Edwards & Kantas for all of these consequences,” writes in Houston, Tex. Kantas maintains an Surovell, “so that a client can make international securities arbitration and their decisions on as informed a basis litigation practice, representing investors Matthew Bassiur, a federal prosecutor as possible.” Surovell is a member of in a wide array of securities disputes. with the U.S. Department of Justice’s 1998 computer crime and intellectual property Surovell Markle Isaacs & Levy in Fairfax, Va., where he practices civil and criminal Ted Korth, an section, was the 2007 recipient of the litigation with a focus on family law, associate with the U.S. Chamber of Commerce Award DWI, and personal injury. Somerville law fi rm of for Distinguished Service as a federal Norris McLaughlin & government official. Bassiur is the first Marcus, was prosecutor in the United States to receive appointed to the this award. 1997 Bordentown Planning Board as a member. Jena Bridges Watson and her husband, In July, Stephen C. Byrd became president Eric Watson, welcomed their fi rst child, He will serve a four-year term in this of PSEG Energy Holdings in Newark, N.J. Julia Hope Watson, on May 18. Jena is a position. Korth practices in Byrd had been the senior vice president of partner at Akin Gump Strauss Hauer & environmental law. finance, business development, strategy, and mergers and acquisitions of the Public Feld in Washington, D.C. This year is turning out to be an exciting — Service Enterprise Group since January David Cappillo is proud to announce the and busy — year for Jennifer L. McClellan. 2007. Prior to that, Byrd was with Morgan birth of David Christian Cappillo (Chris) On New Year’s Day, she became engaged Stanley, where he was executive director of on February 4, joining his two older to David Mills, finance director for Brian the global energy and utilities group. sisters, Maddie (6) and Kaitlyn (3). Moran for Governor. A November wedding is planned at the Homestead in Hot Ann Coyle and her husband, Michael, Smith Moore attorney Laura Deddish Springs, Va. In June, McClellan became joyfully welcomed Lucy to their family in Burton, a board-certified immigration President of the Virginia State Bar Young November 2006. She joined big brother specialist, recently served as a panelist for Lawyers Conference. She has served as a Matthew (4). a discussion on “Immigration, Law and member of the Virginia House of Delegates Ethics,” as part of the inaugural event for representing the 71st House District Katharine Dee Newman and her husband the Center for Women, Ethics and Public (parts of the City of Richmond and welcomed a son, Owen Grant, into the Life at Meredith College in Raleigh, N.C. Henrico County) since 2006. McClellan world on July 26, 2007. In May 2007, they Burton’s presentation was on immigration also serves as a superdelegate and recently attended the wedding of Danielle Levy in law and ethics, focusing on what the law attended her fourth Democratic National Tel Aviv, Israel. requires for non-U.S. citizens currently Convention. She is also assistant general in the country and for those considering counsel (mid-Atlantic South) for Verizon Michael Fassler is Associate Director coming to the U.S., in addition to the Communications. of Real Estate for Presidio Trust in San Francisco. The trust is a small federal ways in which proposed legislation could Daniel J. Smith has joined the legal agency created to maintain, rehabilitate, department at Bill Me Later, Inc. and develop the Presidio of San Francisco Emily Giffi n’s latest novel — her fourth as corporate counsel. He will be into a self-sustaining national park. — was published in May. Love the One responsible for supporting the company’s “We are the only federal agency charged You’re With is a story that poses the general legal requirements, including with the task of being self-sufficient,” question: How can I truly love the one e-commerce and IP matters. Bill Me says Fassler. He oversees all commercial I’m with, when I can’t forget the one who Later, located in Timonium, Md., uses leasing at the Presidio, and has extensive got away? Giffi n is the New York Times proprietary technology to deliver a smart, involvement with the negotiations and safe, and speedy solution for shoppers and ongoing project management of several an attractive alternative payment solution of the large development projects within impact immigration. for online merchants. 76 | UVA Lawyer • fall • 2008 Class Notes the Presidio, including: rehabilitation of Earsa Jackson was recently selected for chief negotiator for intellectual property six historic civil war-era Victorian homes the “50 Most Powerful and Influential enforcement as well as associate general into office duplexes, a 145,000-square- Women in Texas” list by Texas Diversity counsel for the USTR. foot mixed-use development project near magazine. Jackson was included based the Lucasfi lms campus, a 77,000-square- on criteria that included leadership In September 2007, Tara Mehrbach foot museum dedicated to the life and in public and/or private sectors, Newmyer joined the national board of times of Walt Disney, and a proposed accomplishments and contributions NARAL Pro-Choice America. 100,000-square-foot contemporary art to field of work, organizational museum. “The Presidio has been an impact, community commitment, and Jennifer Murphy Romig ’98 and important part of San Francisco history professional excellence. She is the practice Meredith Aden ’03 met each other at as well as an outstanding example of area leader for Strasburger & Price’s the national conference of the Legal historic California architecture,” says franchise & distribution group and also Writing Institute in Indianapolis, Ind., Fassler. His family has been in San handles litigation matters in the areas of and were happy to discover their Virginia Francisco for over a century. business torts, franchise and distribution, connection. Meredith is Director of Legal trademark infringement, contract Writing at Mississippi College School of Jonathan Frutkin has opened The disputes, and commercial and residential Law, and Jennifer teaches Legal Writing, Accu Law Group, providing outside landlord-tenant disputes. Research, and Advocacy at Emory University School of Law. general counsel to emerging technology companies. With locations in Craig May is a partner at Wheeler Trigg Washington, D.C., and Phoenix, Ariz., the Kennedy in Denver, Colo., where he Jackie Wright Bonilla is a biotech/ firm represents a wide variety of business focuses on civil trial work. A little more pharma patent attorney with Foley & clients. Jon and his wife, Tara, have two than a year ago, he and his wife, Dianna, Lardner in Washington, D.C. Jackie, her young children, Alexander and Samuel. welcomed their second son, Charlie. His husband, Armando, a Department of big brother, Harris, has fi nally adjusted to Justice prosecutor, and their daughter, the new addition. Brycen (3), welcomed the arrival of Patricia S. Gill has Brycen’s baby brother, A.J., on April 6. been named counsel at Hunton & Williams Paul McCoy married his high school in Richmond, Va. She sweetheart, MaryKay, after attending joined the firm in law school. They adopted a border collie Dallas in 2001 during they named Bula. Paul practiced law for its merger with one year in London, then moved back Michael Alexis and his wife, Jill, welcomed Worsham Forsythe to California in 1999, where he has lived their third daughter, Evelyn Reilly Alexis, on Wooldridge and relocated to Richmond and practiced law since. “My greatest January 17. Evelyn joins big sisters Alison last year. As a member of Hunton & achievements since law school are (1) my Isabel (4) and Elizabeth Ann (2). Michael is Williams’ labor and employment practice, wife, (2) my dog, and (3) our home in the an attorney with the employment litigation she represents clients with a focus on redwoods of Sonoma, California.” section of the Department of Justice’s Civil whistleblower and discrimination 1999 Reunion Year Rights Division. litigation and counseling on complex Stan McCoy has been promoted to employee relations issues. Assistant U.S. Trade Representative for Kristen Cain Baldwin and her husband, intellectual property and innovation. He David Baldwin, celebrated the birth of Angie Hankins was recently made partner serves as principal advisor to the U.S. their second child and fi rst son, Michael in the intellectual property department of Trade Representative and administrative David Baldwin, on August 16, 2007. Stroock in the New York office. agencies on intellectual property and Kristen is a motion picture attorney for trade issues and is responsible for Paramount Pictures in Los Angeles. developing and implementing trade 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 policy aimed at reducing counterfeiting Stephanie Chandler and piracy and enforcing protections has been named a for both. He is the lead U.S. trade “Rising Star” for 2008 negotiator on intellectual property and by Texas Monthly innovation. Previously, McCoy served as Magazine. She is a partner in the transactions, UVA Lawyer • Fall • 2008 | 77 Class Notes intellectual property, fi nancial services, biological weapons legislation expert. He Sean M. Beard has corporate & securities, is undertaking a global audit of national made partner at telecommunications, life sciences and implementing legislation for the Hunton & Williams. medical technology, Internet/e-commerce Biological and Toxin Weapons He is a member of the and technology sections of the San Convention, and will be organizing and firm’s business practice Antonio office of Jackson Walker. leading legislative assistance visits to group based in capitals. He recently co-authored with Dr. Richmond, Va., where Galina Kolomietz and her husband, Ralf Trapp “The Chemical Weapons his practice focuses on Matthew Frank, welcomed a daughter, Convention: The Second Review advising large and small corporate clients Sarah Yonah Frank, on June 5, 2007. Conference and Beyond,” which was in formation, governance, reorganization, Sarah joins two older sisters, Hannah published in the April 2008 issue of the mergers and acquisitions, and securities Robin Frank, born on February 5, 2003, Homeland Security and Resilience Monitor law. In 2007, Beard was named a and Natalie Wren Frank, born on August (London: Royal United Services Stakeholder 100 Award Winner. The 11, 2004. Institute). Scott previously worked as diversity award for top-performing lawyers Interpol’s Biocriminalization project in the U.S. was given by a selection After six years of working in the Federal manager and as a researcher and legal committee of more than 20 general Public Defender Office in New York, consultant to the Organisation for the counsel from major corporations. David Patton is joining the University Prohibition of Chemical Weapons. Scott of Alabama School of Law faculty as and his partner, Pere (Peter), recently Amy Becker Strauss and Marc Strauss an assistant professor of law teaching celebrated 10 years together. They live in welcomed their second child, Adam first-year criminal law and directing the The Hague, Netherlands. Brand, on March 14. Their older son, Ethan, turned 3 in September. The family criminal defense clinic. Brian Urbano is currently an Assistant resides in Brooklyn, N.Y. Matthew Petersen was nominated by U.S. Attorney in the District of New the U.S. Senate to the Federal Election Jersey and an adjunct professor of law at Sean Fairweather recently joined Axiom Commission. He will serve the remainder Seton Hall University School of Law in in New York. He was previously the of a six-year term on the commission that Newark, N.J. director and counsel of the Securitized Products Group at UBS AG. Axiom is oversees election laws and investigates alleged violations. Kevin Yingling and his wife, Ashley, a new model firm that empowers its welcomed their third child, Margaret attorneys and clients by changing the way Tinsley, on July 3, 2007. they work together. Ingrid Fuquen ’01 and Aaron Zeisler were Kandice Giurintano married in Charlottesville on June 7. They has been selected to live in New York City, where Ingrid works serve a one-year term in the legal department at BlackRock and as Web site vice-chair Aaron is a litigation partner at Satterlee of the commercial Stephens Burke & Burke. transportation litigation general Michael and Sali Rakower are pleased to announce the birth of their first child, 2000 committee, a division of the tort trial & insurance practice section of the ABA. Kandice is a member Rachel Dina Rakower (aka “Attorney Work Product”), born 8 lbs. 1 oz. on Amy Ashton Shaw has joined Givaudan of the Pennsylvania Bar Association, February 8. Flavors Corporation as associate general post-trial and appellate practice counsel, where she focuses her practice on committee, as well as the Dauphin County Scott Spence has contracts and transactional matters. She and Lebanon County Bar Associations. joined the Verification and her husband, Tony Shaw, were married Research, Training on November 10, 2007. The wedding party Robert Keeling was made partner with and Information included Lizanne Waldner Renaud. The Sidley Austin in their Washington, Centre (VERTIC), a couple lives in Cincinnati, Ohio. D.C. office. His practice is in litigation, London-based NGO, as their chemical and 78 | UVA Lawyer • fall • 2008 focusing on trial litigation. Class Notes Steve Leasure recently accepted a in the law and public service, and his dedication and excellence in teaching. He position with HealthSouth Corporation commitment to his family and friends. has taught for five years, and currently teaches at Flint Hill school in Oakton, Va. as Director, Corporate and Securities. He is leaving Hunton & Williams and Jud Turner, along with several partners, Charlotte, where he has practiced formed a new company, Georgia360, to Ingrid Fuquen and Aaron Zeisler ’99 were since graduation. His wife, Kerry, and provide fully integrated public affairs married in Charlottesville on June 7. They daughters, Annabelle and Dot, look services to corporate and association live in New York City, where Ingrid works forward to making a new home further clients across Georgia. The firm’s staff is in the Legal Department at BlackRock and south and reuniting with several other based in both metro Atlanta and coastal Aaron is a litigation partner at Satterlee Law ’00 ex-pats in Birmingham, Ala. Georgia, providing strong public affairs Stephens Burke & Burke. coverage across the state. Turner most recently served as executive counsel to Gunes Hopson is now director, assistant Georgia Governor Sonny Perdue, where general counsel with Capital One in he advised the Governor on the full Richmond, Va. He was previously vice gamut of executive branch legal matters, president and assistant general counsel including issues related to the state with Wachovia Securities. budget process, judicial appointments, government procurements, education Susan Leader has policy, retirement pensions and other post joined Dreier Stein employment benefits, ethics and litigation. Kahan Browne Woods George as an associate Shaheen Sheik has released her second album, “Revolution.” Her fi rst, “Rock Brian Wise’s son, Cole, turned two in the Los Angeles Candy,” was released in 2005 and has this March and the family is expecting office, where her work garnered both critical attention and radio another child this fall. focuses on commercial litigation. play in California as well as video rotation on MTV Desi. Los Angeles Star 98.7FM radio station fans honored Sheik as a Top 10 2001 Before joining the fi rm, she was an associate at Gibson, Dunn & Crutcher. finalist in the 2007 Unsigned Artist Search. Christian Atwood made partner at Elizabeth Lemond McKeen practices We are sad to report the loss of a good friend Choate, Hall & Stewart in January. He law in the Newport Beach, Calif., office and classmate, Jonathan H. Siegelbaum. and his wife, Susan, together with recent of O’Melveny & Myers. She is in the class Jon passed away on October 1, due to arrival Griffi n Charles Atwood (their fi rst actions group, where her focus is on complications arising from heat stroke child) make their home in the Roslindale/ fi nancial services litigation. She and her suffered while running a half-marathon. West Roxbury neighborhood of Boston. husband welcomed a baby girl, Caroline Elizabeth McKeen, on October 17, 2007. While at the Law School, Jon was a Notes Editor for the Virginia Law Review and was Tess and Matthew Bosher had their elected to the Order of the Coif. Following second child, Flannery Tucker (“Annie”), Will Olson and Alison Perine ’03 were law school, Jon clerked for the Honorable on February 6. She joins her big sister, married on June 28, in Simsbury, Conn. Norman H. Stahl on the First Circuit and Jane Clare, who turned 2 in January. Patrice Hayden ’02 was a bridesmaid in practiced at WilmerHale in Washington, The family relocated from Alexandria to the wedding. Tom Bayliss ’03, Kandice D.C. Most recently, Jon served as Counsel Richmond in September, where Matthew Horsey ’03, and Kena Njoya ’02 also to the U.S. Department of the Treasury. He joined Hunton & Williams. attended the wedding. The groom is an attorney with Bryan Cave in Washington, was also an active member of the Obama Allison Buchko Edgar and her husband, D.C. The bride is a special agent with Jonathan Edgar, had twins in April. The the Federal Bureau of Investigation. The accomplishments, Jon was a proud father couple welcomed Jenna Virginia and couple currently resides in Alexandria, and husband. He and his wife, Elizabeth Bryson Harlan Edgar to their family. Va., and Milford, Conn. Jon was in his second year at the Law Howard W. Chang received the 2008 Beppy Owen has joined the Orlando School. After Jon’s clerkship, they settled in Angela Lloyd Book Award from the office of Akerman Senterfitt. He practices Bethesda, Md., and started a family, with Classical Association of Virginia for in the corporate group, specializing in campaign. More important than his professional Frazier (Darden ’99), were married while two young children, Ava (5) and Elliot (2). mergers and acquisitions. We will all remember Jon for his easygoing nature, his dedication to a career UVA Lawyer • Fall • 2008 | 79 Class Notes In January, Monica Welt was promoted Southern District of New York. Kris and Bryan Johansen has been promoted to to counsel at Crowell & Moring in his wife, Annette, moved from San Diego shareholder at Parr Waddoups Brown Washington, D.C., where her practice to New York City this summer. Gee & Loveless in Salt Lake City, Utah. focuses on environmental tort litigation and product liability counseling. 2002 He is a member of the firm’s commercial Robert B. Williams, Jr., and Quynh litigation group, focusing on intellectual Nguyen welcomed their fi rst child, Robert property and issues related to the Internet B. Williams III (“Trip”), on November 19, and e-Commerce. 2007. Baby, mom, and dad are all doing great. When not changing diapers, Rob Crystal Lovett-Tibbs has been involved Alexandra Dell’s feature, “Deconstructing works as a tax associate in Sutherland’s with Senator Obama’s Presidential Carmel” was published in the May 19 issue Washington, D.C., office. campaign since the announcement of of Newsweek. Dell, who resides in New his candidacy on February 10, 2007. York, continues to work for Greenstreet She currently serves as president of St. Films in addition to writing. 2003 Louis for Obama, is on the leadership committee of Missouri Women for Neely Fedde has accepted a new position Obama, and is co-coordinator of Young with the U.S. District Court for the Lawyers for Obama-St. Louis. District of Kansas, clerking half time for Chief Judge Kathryn H. Vratil and Jason Piche and his wife, Catherine, working half time as the Court’s public welcomed their fi rst child, a daughter, outreach coordinator. She was previously into the world on October 27, 2006. Lyra a business litigation associate with Shook, Grace Piche is now a very active toddler Hardy & Bacon in Kansas City, Mo. and “provides non-stop entertainment.” After serving two deployments as an Jack and Kelley (Riddle) Edwards Stacey L. Rose recently became engaged infantry platoon commander in the welcomed their fi rst child, John Saul to Daniel F. Harris, a family medicine United States Marine Corps (most Edwards III (“Trey”), on February 10. resident at Georgetown University. recently along the Iraq/Syrian Border), Trey was born weighing 7 pounds, 6 Kris Hrones has accepted a position as an ounces, and measuring 20 inches. He met Andreas Stargard is with Howrey in Assistant United States Attorney for the several of his parents’ Law School Washington, D.C., where his practice classmates at the five-year reunion in focuses on antitrust litigation. He has May, and he attended his fi rst UVA purchased an old row house in the football game in October. Orange and Bloomingdale area of Washington, has two blue are already Trey’s favorite colors and dogs (a Bouvier des Flandres and a Wheaten Setting things STRAIGHT he is destined to be a Wahoo one day. Terrier) and still drives the same car. In the Spring 2008 UVA Lawyer Ferris Hussein left the Department of Karl Trunk worked as a Signal Corps we wrongly married two alumni. Justice to take a position as the chief officer in the United States Army from legal advisor to Iraq’s Minister of Justice, 2003 to 2007 and spent most of that time working out of Baghdad. stationed in Seoul, Korea. He now lives in Meredith Caskey ’02 did marry a UVA alumnus on the Washington, D.C., metro area and does September 29, 2007. Meredith consulting work for Booz Allen Hamilton. married Andrew Parker (Eng Edyn Jessup and Beat ’95, ’96), not Andrew Parker ’90. U. Steiner ’80 have Meredith and Andrew reside published Commercial After four years in the Washington, D.C., in Washington, D.C., where Leasing in Colorado: A area, Jonathan Woodruff and his wife, Meredith is a partner at Practical Guide Melissa Rose Woodruff, moved back to McDermott Will & Emery. (Bradford Publishing). Charlottesville in December 2007, when Steiner is a partner Melissa joined the capital markets group and Jessup an at McGuireWoods. Andrew Parker ’90 reports that he has been, and remains, happily married to Susan Parker associate in the Boulder, Colo., office of for 14 years. Holland & Hart, a firm of 450 lawyers with offices throughout the Rocky Mountain region. 80 | UVA Lawyer • fall • 2008 Class Notes 2004 Alumni Events Reunion Year Jeff Barnes recently joined the Houston office of Jackson Lewis, where he practices labor and employment law. In an August edition of Massachusetts Lawyer’s Weekly, Yalonda Howze was one of 25 young attorneys named a Rising Star of the Massachusetts Bar, and was honored in the Up & Coming Attorneys feature of the publication. KATHY KAYSER Howze, a litigation associate with Mintz Back row, from left: Former Dean John Jeffries, Dean Paul Mahoney, and Ray Harbert. Front row, from left: Kathyrn Harbert, Joel ’65 and Karen Piassick, and University President John Casteen, on the occasion of the Board of Visitors’ approval of the Law School’s Joel B. Piassick Research Professorship. The professorship was created by the Harberts in honor of their friend. Levin in Boston, is a board member at the Lawyers Committee for Civil Rights and has taken on pro bono work that’s made an impact in two significant civil rights cases. After three and a half years of practicing in the corporate group of Skadden Arps’ London office, Kevin Maxwell has relocated to Skadden’s Washington, D.C., office. He started work on April 1, after taking a month-long holiday in Africa. From left: Anastasia Greenbaum ’96, Laura Pietro, and Michael Toth ’06 at the New York City Reception on the “Fall for Paul” Tour. Tour events were held around the country to introduce Dean Paul Mahoney to alumni. Mark Sigrist and wife, Sara, welcomed Gabriel Stuart Sigrist on June 25. 2005 Jennifer DeLeonardo and Adam Frey were married on June 30, 2007, at Jenn’s parents’ home in Milford, Conn. David Tonini served as a groomsman, and Kieran Brenner provided the music for the ceremony. Nilla Watkins, Brooke Purcell, John Winn, and Kerem Turunc also helped celebrate. Jenn and Adam have been living in Melbourne, Australia, since August 2007, where Jenn is an associate at Sullivan & Cromwell and Adam is a policy analyst at the Australia/Israel & Jewish Affairs Council. They welcome alumni to visit them in Melbourne. From left: Harry Shannon ’82, Helen Snyder ’87, and Kathy Robb ’80 at the New York City Reception in September. UVA Lawyer • Fall • 2008 | 81 Class Notes Myles D. Roberts has practice group, where her practice focuses Albert “BJ” Stieglitz, Jr., married joined Potter Anderson on complex licensing and technology Amanda J. Scovil on October 6, 2007, & Corroon in transactions. at Duke University Chapel in Durham, N.C. The bride is currently employed as Wilmington, Del., and has been admitted Jacque Hartley is now an associate in a physician’s assistant with University to the Delaware Bar. the corporate group with Dow Lohnes Cardiothoracic Surgical Associates, and He is an associate in in Atlanta, Ga. She was previously in the the groom is a clerk for U.S. District the firm’s corporate corporate group of King & Spalding. Judge John G. Heyburn II of the Western practice group and counsels Delaware District of Kentucky. The couple resides businesses on corporate law and governance Thidaporn Sirithaporn LL.M. is now issues. Before joining Potter Anderson, he a lecturer of law at Chulalongkorn was engaged in private practice and focused University, Bangkok, Thailand. In his practice on public finance transactions. June, she was appointed assistant in Louisville, Ky. 2008 course director for the LL.B. (Graduate Davene Swinson married Barry Wayne Program); this program is a fast track Daniel E. Balserak Walker, Jr. on May 17. intensive law degree program specifically became an associate designed for individuals who already with Sullivan & 2006 hold an undergraduate degree in a field Worcester in other than law. Most recently, Sirithaporn September, in the has been project researcher for the Thai Boston office. Fernando Caceres Ministry of Commerce on topics relating LL.M. has left the to potential reforms of Thai domestic Peruvian Competition regulations relating to free trade. Agency, where he served Katherine Crockett has joined Spilman Thomas & Battle as an associate in as Commissioner of Napatporn C. Tongbai LL.M. passed the the firm’s Charleston, W.Va., office. the Free Competition judge selection exam in Thailand in July. She primarily practices in the area of Commission for the She will be appointed as a judge trainee at environmental litigation. past two years, to the Court of Justice in October. open his own practice on trade regulation affairs. Likewise, he is currently Jennifer Wine, a soon-to-be third year delivering a grant from the International associate in the Washington, D.C., office Development Research Centre (Canada) of Weil, Gotshal & Manges, was recently and teaching Competition Law at the profi led in Legal Bisnow’s “30 Under 30” Postgraduate Program of Universidad report. Legal Bisnow.com is an electronic Peruana de Ciencias Aplicadas. publication that profiles attorneys, law firms, and legal issues in the Washington region. Sean Cameron recently accepted a position as an associate at Davis and Gilbert in New York, where he will focus on general 2007 commercial and copyright litigation. Anna Markham joined the media, Caroline Geiger is soon to enter her information, and technology practice third year as a corporate associate in group at the Washington, D.C., office of the New York office of Weil, Gotshal & Dow Lohnes. She also became engaged to Manges. Caroline spent nearly two years William Sanders on April 24. in Weil Gotshal’s litigation and regulatory department, where she worked primarily On September 10, Everton Morris on intellectual property matters. In April, began his career in private practice as she joined Weil Gotshal’s new technology a labor and employee law associate at & intellectual property transactions the Morristown, N.J., based McElroy, Deutsch, Mulvaney & Carpenter, following his judicial clerkship. 82 | UVA Lawyer • fall • 2008 In Memoriam James I. Hardy ’36 Alexandria, Va. August 8, 2008 Richard G. Fuller, Jr. ’50 Amelia Island, Fla. July 5, 2008 Dean Elliott Lewis ’58 Charleston, W.Va. May 8, 2008 Richard W. Hogan ’69 Chesterfield, Va. March 8, 2008 Edward Lawrence Ryan, Jr. ’36 September 18, 2008 Richmond, VA. John E. Jenkins, Jr. ’50 Huntington, W.Va. July 4, 2008 John M. Bullock ’59 Latonia, Ky. May 4, 2008 W. Joe Hoppe ’71 Richmond, Va. July 26, 2008 Richard B. Kleinknecht ’39 Richmond, Ind. March 5, 2008 Ralph L. Kelly ’51 Bennettsville, S.C. July 12, 2008 James D. Colt ’59 Wenham, Mass. June 5, 2008 James Brown ’72 Pleasant Hill, Pa. September 16, 2008 Frank L. Watson ’39 Jacksonville, Fla. March 28, 2008 Torsten H. Parke, Jr. ’51 Hull, Mass. February 28, 2008 James P. Halloran ’59 Toledo, Ohio March 9, 2008 Thomas M. Whiteman, Jr. ’72 Roanoke, Va. May 16, 2008 Kiliaen V. R. Townsend ’42 Atlanta, Ga. March 23, 2008 John F. Rixey ’51 Virginia Beach, Va. May 31, 2008 Albert F. Lilley ’59 Chapel Hill, N.C. April 17,2008 Kent Olson ’72 September 1, 2008 Washington, D.C. Morton B. Spero ’46 Petersburg, Va. July 19, 2008 Charles A. Somma, Jr. ’51 Midlothian, Va. August 1, 2008 A. Robert Hahn, Jr. ’60 Anchorage, Ala. May 6, 2008 John R. Rawling ’73 Phoenix, Ariz. June 25, 2008 William C. Battle ’47 Ivy, Va. May 31, 2008 George Stuart ’51 August 23, 2008 Abingdon, Va. Honorable John W. Scott, Jr. ’73 Fredericksburg, Va. April 16, 2008 Robert A. Blackwood ’47 Iowa Park, Tex. March 15, 2008 James H. Crewdson ’52 Cross Lanes, W.Va. March 28, 2008 Honorable Courtland Dixon Perry II ’61 Augusta, Maine April 6, 2007 Newton P. Allen ’48 Memphis, Tenn. March 9, 2008 John J. Hackett ’53 June 1, 2004 T. Keister Greer ’48 Rocky Mount, Va. May 23, 2008 James M. Manire ’48 Memphis, Tenn. July 27, 2008 Joe Fry Odle, Jr. ’48 Summit, Miss. February 28, 2008 Honorable Frederick Edenharter ’49 Reading, Pa. March 27, 2008 T. T. Waaland ’49 Grimstad, Norway May 14, 2007 Robert Knox Egan ’50 Wichita Falls, Tex. August 18, 2008 William H. Hutcherson, Jr. ’53 Cincinnati, Ohio September 2, 2005 Lloyd A. B. Mitchell ’54 Mount Joy, Pa. March 2, 2008 Lawrence Parke Watkin ’55 Encino, Calif. April 25, 2008 George P. Osborn ’56 Wilson, N.C. May 19, 2008 Glenn Eldon Harris ’57 Marble, N.C. June 30, 2008 McCormick R. Covington ’58 Beachwood, Ohio February 19, 2008 John D. Kirkland ’58 Houston, Tex. January 21, 2008 Robert Bernard Jennings ’63 New Orleans, La. September 6, 2008 John G. Mann, Jr. ’63 Jamaica, Vt. June 12, 2008 Michael W. Maupin ’64 Richmond, Va. May 5, 2008 Robert M. Siuzdak ’64 Naugatuck, Conn. March 13, 2008 Ronald Paul Stenlake ’66 Plano, Tex. May 17, 2008 Jan P. Tabaka ’66 Atlanta, Ga. June 15, 2008 James F. Gay ’68 Chesapeake, Va. April 20, 2008 William Evenson ’69 September 7, 2008 Richmond, Va. Thomas K. Brotherton, Jr. ’77 Richmond, Va. June 10, 2008 John H. Underwood III ’77 Portsmouth, Va. March 2, 2008 William Ray Lucas, Jr. ’80 Mountain Brook, Ala. September 26, 2008 Danni J. Haag ’84 Chicago, Ill. September 20, 2007 Robert A. Freeman ’88 Dover, Mass. September 22, 2008 Loran C. DeBerry ’95 Fort Worth, Tex. June 13, 2008 Sean D. May ’98 Denver, Colo. August 27, 2008 Jonathan H. Siegelbaum ’00 Bethesda, Md. October 1, 2008 UVA Lawyer • FALL • 2008 | 83 In Print Non Fiction of Colonial American architecture and he writes, “has paralyzed the ability of our the latest conveniences of modern life. government to act and lead and inspire.” The Health Care Revolution: From Medical Monopoly to Market Competition Years in the making, this book features a Carl Ameringer ’78 University of California Press photographs. Architecture scholar Richard McCain and Barack Obama. “Throughout In the last chapter, written well comprehensive biography of the noted before the first presidential primary for architect, detailed descriptions and floor the 2008 election, the author focuses on plans of each house, and many full-color the contrasting views of Senators John Carl Ameringer traces the history that has led to America’s unique market- Guy Wilson wrote the book,” writes one reviewer, “we benefit the introduction. from [Clemens’] status as an intelligent, Kentucky based health care system. He reveals how in the late 1970s Congress and the Supreme Houses of Stratton Court prompted the federal government’s Hammon was anti-trust agencies — Federal Trade neutral observer without a stake in the ‘inside the beltway’ game of politics.” Clemens is a fellow of the Center awarded the on Federal Financial Institutions, a Commission and the bronze medal for nonpartisan public policy institute that Justice Department excellence in the studies the federal government’s insurance and lending policies. — to change the national architecture category of the 2008 rules under which the Independent Publisher book awards. health care system Winfrey Blackburn is a senior partner works. His balanced w with Blackburn Hundley & Domene in account describes Louisville. The book is available at www. Madame Chiang Kai-shek and Miss Emma Mills: China’s First Lady and Her American Friend social, economic, and butlerbooks.com. Thomas A. DeLong ’60 political aspects of McFarland & Co. of its proponents and opponents, and Rescuing America: The Bipartisan Path Chinese leader Chiang Kai-shek, played an takes a look at where we are headed. The Richard Clemens ’65 important role in her work in China from Health Care Revolution, notes one reviewer, Tate Publishing the current system, examines the views “will claim the attention of scholars Mayling Soong Chiang, the wife of the 1930s to 1975. At the age of 10 she A Democrats and Republicans claim and policymakers because it frames the they have solutions to America’s mounting came to the U.S. for modern history of medical care in new and fiscal problems. In Rescuing America: a Western education, important ways.” The Bipartisan Path, and while a student Ameringer is Professor of Health Clemens makes the at Wellesley she made Policy and Politics at the L. Douglas Wilder case that to achieve her closest American School of Government and Public Affairs any real progress, the friend, Emma Mills. at Virginia Commonwealth University. two major parties After graduating in A will w have to work 1917, Mills worked on the editorial staff of Kentucky Houses of Stratton Hammon together. He urges a newspaper in China and tutored there. political leadership Back in the United States, she helped raise Winfrey Blackburn ’64 and R. Scott Gill to leave behind funds for the education of young Chinese Butler Books The renowned residential architect partisan politics and focus on the nation’s in the United States. challenging issues, including the war Stratton Hammond designed homes in in Iraq, the trade deficit, Medicare, and Louisville, Ky., and throughout the state. Social Security. “Rampant partisanship,” His houses combine the classic beauty UVA Lawyer • FALL • 2008 | 85 In Print Madame Chiang Kai-shek and Emma govern banking, a game, you will enjoy the insights and insurance, employment, irreverence on every page of The Football Mills’ unsealed letters and journal intellectual property Uncyclopedia. entries, upon which much of this book rights, competition, Mills shared a lifelong correspondence. The authors include some statistical is based, provided Madame Chiang tax, environmental analysis, lots of opinions, and lots of myths insights into American isolationist law, and other areas. (debunked). Alphabetical entries run the attitudes of the time. The two women Even though there is a gamut — owners, shared a sense of purpose and a common lot of diversity among champions, uniforms, cause in their work for China and countries, the author explains how basic bad attitudes, catchy Chinese-American relations. concepts still hold true throughout most of commercials, and the world. great plays — all DeLong is also the author of a comprehensive biography of John Davis Lodge. described with a sense Head is a Professor of International Law at Kansas University. He has worked in of humor, a dose of several international financial institutions sarcasm, and passion Animals as Persons: Essays on the Abolition of Animal Exploitation and has written a number of books on Gary L. Francione ’81 development law and institutions. global business law and international for the sport. Fans be forewarned: nothing is off limits! “If you’re not watching football this weekend, you should be reading this book,” Columbia University Press Losing the Global Development War A Contemporary Critique of the IMF, the World Bank and the WTO says one reviewer. And if you are, she says, laws and regulations, John W. Head ’79 busy laughing.” his abolitionist theory Brill-Nijhoff Gary Francione is a philosopher of animal rights law and ethical theory and is known for his criticism of animal welfare of animal rights, “Keep it by your elbow, and you won’t throw anything at the TV. You’ll be too Michael Kun is in private practice in John Head, Professor of International and his promotion Law at Kansas University, gives a new of veganism and perspective on some of the most important nonviolence. This global organizations — the World Bank, Los Angeles. volume is a collection v the World Trade McCandlish & Lillard 1908-2008: 100 Years of Tradition, Innovation, and Results of previously Organization, and R. Peyton Mahaffey ’80 published essays the International Signature Book Printing (some with postscripts) and one new Monetary Fund — chapter. In Animals as Persons Francione sizing them up in traces its history back to the practice of a argues that using animals under any terms of legal and single lawyer named F.D. Richardson in circumstances is unjustifiable and policy issues. The a small town called Fairfax in 1908. Last describes the ability of humans to cherish informative text summer McCandlish & Lillard celebrated some animals as companions and some was written with an its first 100 years. This narrative and The law firm of McCandlish & Lillard merely as food or clothing as our “moral informed lay audience in mind. Readers pictorial history documents the firm’s schizophrenia” toward animals. will learn about the effect of “mission growth and its contributions to the legal Francione is Professor of Law and creep,” “democracy deficit,” and other and business Nicholas deB. Katzenbach Scholar of Law issues that impact the ongoing global communities and Philosophy at Rutgers University- development war. of Fairfax Newark. He has lectured on the subject of animal rights throughout the United States, Canada, and Europe. General Principles of Business and Economic Law John W. Head ’79 Carolina Academic Press This book surveys the relationship County and the The Football Uncyclopedia: A Highly Opinionated Myth-Busting Guide to America’s Most Popular Game Commonwealth Michael Kun ’88 with Adam Hoff Mahaffey, R. Peyton principal and Clerisy Press After The Baseball Uncyclopedia, president of the firm, wrote the text and Michael Kun is back by popular demand to took many of the photographs featured in tackle his latest subject, football. If a ref has the book. between law and economic activity. ever made a call you didn’t like, or you’ve Head covers the basic principles that ever risen to your feet while watching 86 | UVA Lawyer • FALL • 2008 of Virginia. In Print Enemy of the State: The Trial and Execution of Saddam Hussein behind the scenes in negotiating, drafting, The Legal Limit and modifying lease provisions. Martin Clark ’84 Michael A. Newton ’90 and Michael P. The authors provide useful checklists Alfred A. Knopf Scharf for every common lease clause, a glossary Martin Clark’s third novel is based on St. Martin’s Press of legal and real estate terms, and several a case he once heard as a judge in Stuart, Va. samples of different kinds of leasing Two brothers named Gates and Mason grew fascinating inside story of the nine-month forms. At the end of each chapter there’s a up with an angelic mother and a violent trial of Saddam Hussein. For one year the checklist for tenants and one for landlords and abusive father. Gates’s life is a wreck, authors, both experts so either party can review a lease to make while Mason is on a straighter track in law on international war sure it’s in their best interests. “The whole school. On a fateful visit home, Mason crimes, led a team of idea,” says Steiner, “is to make people more goes out with his brother and in the heat experts who prepared intelligent in the lease negotiation process of a confrontation, Gates shoots and kills the prosecution and so it doesn’t get into a shouting match or someone. There are no witnesses to the the judges for one of crass bargaining.” crime, and Mason hides the weapon and This is the definitive history and the the most important At Holland & Hart, Steiner fabricates a story to cover up for his brother. trials in modern specializes in the acquisition, disposition, This secret forms a tie history. Michael development, and financing of real estate, between the two men. Newton, then a professor at West Point, and Jessup focuses on real estate finance collaborated with Scharf (a former State and development transactions. Years later, Mason comes Department official) to write the rules back home as for the tribunal, determine which crimes commonwealth attorney. His brother should be prosecuted, whether the death penalty would be involved, and other Fiction meanwhile is in serious trouble for difficult issues involved in the explosive proceedings. Currently Professor of Law at Vanderbilt University Law School, Lieutenant Colonel (Ret.) Newton Divine Justice selling cocaine. He asks Mason to rig a David Baldacci ’86 pardon for him, and when Mason refuses, Grand Central Publishing more tension ensues. In the fourth novel in the ever- served in both the Clinton and Bush popular Camel Club series, John Carr, administrations as advisor to the alias “Oliver Stone,” is on the run. He has The Legal Limit is a darker novel than Clark’s first two (The Many Aspects of Mobile Home Living and Plain Heathen Ambassador-at-large for war crimes assassinated two men Mischief), but just as entertaining, with issues at the U.S. Department of State. who had silenced “lots of crackling Southern dialogue and a The Web site for the book (www. him, and top U.S. plot wound as tightly as a watch,” according enemyofthestatebook.com) contains government officials to a review in The Los Angeles Times. excerpts, sound files of author interviews, order a massive pictures, and an interactive blog where manhunt to bring Patrick and Henry Counties and the city of readers can pose questions. him in. A master spy Martinsville, Va. Clark serves as circuit court judge for named Macklin Hayes Commercial Leasing in Colorado: A Practical Guide his own reasons and wants him dead. An Emily Giffin ’97 Beat U. Steiner ’80 and Edyn Jessup ’03 isolated coal-mining town in the hills of St. Martin’s Press Bradford Publishing Virginia, a world away from the center of Steiner and Jessup, both attorneys pursues Stone for Love the One You’re With Ellen and Andy power deals in Washington, D.C., seems have a great marriage, like a good place for Stone to hide out the kind in which wrote this book with from his deadly pursuers — until his own husband and wife Colorado real estate shadowy past catches up with him. bring out the best b with Holland & Hart in Boulder, Colo., attorneys and leasing brokers in mind. They cover basic Baldacci and his family live in Virginia. in each other. But He and his wife have founded the Wish You one day in a chance Well Foundation, a nonprofit organization encounter, Ellen legal principles dedicated to supporting literacy efforts and highlight the in America. Visit his Web site at www. former flame who brought out her worst strategies used davidbaldacci.com and the foundation at and left her with a broken heart and no runs into Leo, the www.wishyouwellfoundation.org. UVA Lawyer • FALL • 2008 | 87 In Print explanation eight years ago. Suddenly all of narrator of the story. One morning the GateKeepers that has controlled the U.S.- her old emotions well up, and Ellen begins boys wake up to realize that their father Mexican border for decades. to question the life she’s living and the has disappeared. The brothers are lost choices she’s made. and on their own as a threatening storm dangerous world of drugs, smuggling, approaches. and plenty of officials bribed to look the In Love the One You’re With, “readers will follow Ellen with fascination and Meredith soon finds himself in a other way. His former A tale of survival and coming of age, trepidation as she enters the dangerous The Great Wide Sea was inspired by the career as a military waters of what might have been — or author’s four sons. This is her first novel. contractor provides still could be,” writes a Hartford-Courant “Unforgettably beautiful,” notes the book him the resources reviewer. New York Times bestselling editor for the Times-Picayune, “filled with and the toughness he novelist Emily Giffin delivers a compelling the power of family stories as they are lived needs to endure — but story for anyone who has ever wondered and created and passed on. Herlong has the price may, in the about the road not taken. learned her craft well enough to know that end, be too much to Giffin lives in Atlanta with her husband and three children. children must be the heroes of their own pay. “Merriman is a lives, and Ben, Dylan and Gerry, so brave gifted storyteller and a careful craftsman; and struggling, will stay in readers’ hearts the story is crisp and interesting, the The Great Wide Sea forever. M.H. Herlong is definitely a writer prose clean and evocative,” notes Kirkus Madaline H. Herlong ’84 from whom we can expect great things.” Discoveries. The author, accomplished in After practicing law and teaching, Viking Ben, Dylan, and Herlong is now in Tulane’s doctoral Gerry are grieving program in literature. Find more about the their mother’s book at www.thegreatwidesea.com. death. Their father, overwhelmed by his GateKeepers own grief, decides to James E. Merriman ’73 buy a boat, sell the b iUniverse Inc. house, and take the boys on a year-long b Grant Meredith lives a peaceful life on a ranch in Colorado until the day he sailing trip to start a new life. The boys finds out that his brother was gunned go along unwillingly. Life on board is down in the streets of Scottsdale, Ariz. challenging enough in tight quarters, Driven by grief, Meredith is determined particularly in the prickly relationship the to find the murderer. His search takes him father has with the oldest son, Ben, the to a Mexican family dynasty called the 88 | UVA Lawyer • FALL • 2008 the rodeo sport of team roping, lives on a ranch in Colorado.