The Business of Law
From
the
DEan
The Business of Law
Paul Mahoney
T
he last issue of the UVA Lawyer included articles
discussing the financial crisis and its potential impact
on the markets and their regulation. In this issue, we
focus on a question more directly and immediately relevant
to most of our students and graduates — how will the current
recession affect the business of law?
Legal practice has changed over the past 20 years in ways
that parallel the broader economy. The largest national
firms grew rapidly in lawyers and revenues. The gap in size
and profitability between local and national law firms grew as well. Transactional and advisory
work on complex financings and new financial products accounted for a growing share of legal
billings. Law firms entered an era of free agency, where top talents could maximize earnings by an
occasional well-timed move. Starting salaries for associates reached unprecedented levels.
The recession has slowed or reversed each of these trends. But will it result in a permanent
change in the market for legal services? One need look no further than the press coverage of law
firm layoffs, deferrals, salary cuts, and billing practices to appreciate the attention lawyers and
their clients are paying to these structural issues. Many commentators have declared that billing
by the hour will not survive the downturn; clients will insist on flat fees for particular types of
representation. Clients are also increasingly unwilling to bear the cost of training new associates,
leading some to conclude that firms will aggressively reduce the entry-level payroll, either by doing
less hiring or paying lower salaries.
Last summer, we surveyed graduates about these and other trends. We discuss the results in this
issue. I found two points particularly striking. First, despite the complaints about hourly billing, it
remains the dominant pricing model and graduates largely believe it will remain so. Second, firms
are paying a great deal of attention to whether the first year of legal practice should be something
different in kind and not just in scope from the second, third, and subsequent years.
UVA Law alumni and legal recruiters Martha Ann Sisson ’85 and Amy McCormack ’89
provide a careful look at the trends in legal practice. Their primary message, as I see it, is that
individual lawyers need to think of themselves as sellers of legal services, not just a part of a larger
organization that sells legal services.
The Law School, of course, is also working hard to adjust to a placement market that has
changed dramatically and faces an uncertain future. Our first step was to increase staffing in
Career Services. Fortunately for us, we were able to persuade Kevin Donovan, a litigation partner
at Morgan Lewis, to join us as the head of that office. You will enjoy reading his thoughts on the
state of the placement market and the benefits of the Virginia brand in the competition for jobs.
Stan Perry ’90 and Randy Urmston ’69, meanwhile, bring a note of optimism by reminding us
of the enduring value of the Virginia degree and the special qualities that make our graduates
so successful. ❚
Fall 2009 / Vol. 33, No. 2
Departments
1
4
40
51
The Business of Law
Features
22
Cullen Couch
Law School News
Faculty News & Briefs
28
55
Class Notes
83
In Memoriam
84
In Print
87
Honor Code, Softball,
and No Class Rank
Office of Career Services Responds
to Market
Rob Seal and Cullen Couch
Scholar’s Corner
Richard Schragger
“Business of Law” Survey Paints
Mixed Picture of Legal Market
32
Success in 21st Century Private Practice:
Retooling for an Enterprise Culture
Martha Ann Sisson ’85
and Amy Leafe McCormack ’89
34
O. Yale Lewis, Jr.: Renaissance Lawyer
Randolph W. Urmston ’69
Stan Perry ’90
FIND US ONLINE
FACEBOOK: law.virginia.edu/facebook YOUTUBE: youtube.com/UVALawSchool TWITTER: twitter.com/UVALaw LINKEDIN: law.virginia.edu/linkedin
Editor Cullen Couch
Never fear the want of business.
Associate Editor Denise Forster
A man who qualifies himself
Contributing Writers Rebecca Barns; Rob Seal; Mary Wood
well for his calling, never fails of
Design Roseberries
Photography Tom Cogill; istockphoto; Dan Lamont; Robert Llewellyn; Rob Seal; Mary Wood
employment.
—Thomas Jefferson
Law School News
Best Strategy for Survival in an Uncertain World
By Ellen Daniels
NTERNATIONAL dialogue
I
of norms” as crucial to keeping
of the greatest achievements of the
about the world’s oceans and seas
nations peaceful and law-abiding. As
international community. Adopted in
is crucial to keeping peace between
the largest archipelago in the world,
1982 by 150 countries, the convention
nations, Indonesia’s top diplomat said
Indonesia has a special regard for
has been the legal framework for the
at the Law School, September 30.
maritime territory and resources,
world’s oceans and seas, establishing
Wirajuda said. “The sea is life-giving
rules governing ocean space and
N. Hassan Wirajuda S.J.D. ’88
and a force for national unity and
promoting stability and peace.
emphasized the “sharing and shaping
identity …. We refer to our country as
Foreign Affairs Minister H.E.
‘My Land and Waters,’” he said.
BOB TURNER
Wirajuda acknowledged that the
accelerate economic growth, social
emphasized that the importance of the
progress and cultural development
oceans and seas has not diminished.
and to promote peace and stability.
Seaborne trade accounts for almost
“Law is always vital because we must
85 percent of world trade. And
have an ordered society of individuals
one-third of the commerce from the
as well as of nations. But the law
Middle East to China, the Republic of
will never be strong enough until
Korea, and Japan passes through two
and unless it is supported by human
of Indonesia’s ten straits, accounting
values. Ethics and striving for virtue
for 60,000 vessels a year, he said. “Any
must complement law,” Wirajuda said.
the Law School, the school’s Center
trade and economy,” Wirajuda said.
for Oceans Law and Policy, UVA’s
Throughout the past decades,
Woodrow Wilson Department of
Wirajuda has devoted much of his
Politics, and the J.B. Moore Society of
energy to upholding principles such
International Law. ❚
respect among nations. “Cooperation
is the best strategy for survival in an
a force for national unity
uncertain world,” he said.
Wirajuda sees the ratification of
and identity.”
the United Nations Convention on the
Law of the Sea, which Indonesia was
actively involved in shaping, as one
4 | UVA Lawyer • FAll • 2009
Wirajuda’s talk was sponsored by
would have an adverse effect on global
as peaceful coexistence and mutual
“The sea is life-giving and
Asian Nations, which aims to
world is evolving in its complexity, but
disruption to this maritime traffic
H.E. N. Hassan Wirajuda
Indonesia is one of ten countries
that form the Association of Southeast
Law
School
News
Former NFL Commissioner:
Students Should Prepare for Global Marketplace
By Ashley Matthews
S
TUDENTS should be prepared
as globalization breaks down
barriers in sports as well as business,
former NFL Commissioner Paul
Tagliabue said at the Law School on
September 24.
“The first thing I think you need
to do if you’re going to be engaged as
an individual or as an organization
globally, is to get out there and
put your shoes on and walk in the
streets of their neighborhoods and
on the rural roads of the countries
around the world and understand
Paul Tagliabue
their culture,” said Tagliabue, whose
presentation was sponsored by the
players from all around the globe ….
because it is sold as a sport in which
The Giants now have a player whose
anybody can participate. If everyone
offered opportunities to overcome
grandfather was Uganda’s first prime
can do something, he said, not a lot of
racial, ethnic, and economic barriers,
minster and was assassinated by the
people want to watch.
Tagliabue said. Globalization offers the
forces of Idi Amin — that’s a long
same prospect to people worldwide.
way from the sources of talent of NFL
and a feeling of ownership are also
In addition to the free flow of capital,
players when you and I were dreaming
important elements of a successful
today’s world allows for the free
about becoming NFL players.”
spectator sport. People want to cheer for
Career Services Office.
For decades, American sports have
Tagliabue said public participation
movement of talent, he said. This
What attracts people to American
athletes they know, and teams for which
movement is not only within U.S.
sports, Tagliabue said, is the idea that
they have ownership. They do not, he
teams, where an increasing number
the athletes are superhuman. People
said, want to watch outsiders battle.
of international athletes play football,
want to worship great athletes as gods,
basketball, and baseball. Tagliabue
as they have since the days of the
careers will be competing with people
said the world’s movement to embrace
ancient Greek Olympics. “Muhammad
from all over the world, and Tagliabue
soccer, which was formerly dominated
Ali and Joe Frazier, their fights were
encouraged students to travel widely,
by European players, is another
watched by a billion people around
learn languages, and embrace the
example of dissolving borders. Some
the world,” he said. “It wasn’t because
cultures that will inevitably become
of the world’s best teams and players
there was mass participation in
part of the American sports scene.
are from South America and Africa.
boxing. It was because they were the
People who want to pursue sports
People all over the world are
only two people in the world who
ready to compete and succeed, he
the NFL, Tagliabue said, they’re not just
were willing and able to do what they
said. “They all are pursuing the same
talking about “the Drew Breeses and
were doing.”
types of dreams, the same types of
When people talk about talent in
the Eli Mannings and the Tom Bradys,
but the Osi Umenyioras and other
On the other hand, he said, soccer
has not caught on in the United States
ambitions and interests that you all are
pursuing,” he said. ❚
UVA Lawyer • Fall • 2009
|5
Law
School
News
Leading Lawyers Debate Gun Case Ramifications
T
which path the court will take to do so.”
off recently at the Law School
acknowledged it’s likely the Supreme
during an event co-sponsored by the
Court will agree to hear a case that
Federalist Society and the American
requires it to address incorporation.
OP lawyers from either side of
the gun control debate squared
Constitution Society.
Henigan disagreed, though he
“I guess I’m here to tell you ‘Not so
On one side was Alan Gura,
fast,’” Henigan said. “I do believe that
who argued the landmark District
there are credible arguments against
of Columbia v. Heller case, in which
incorporation, even given the reality
the Supreme Court struck down as
of the Heller decision.”
unconstitutional a ban on handguns
in Washington, D.C.
His opponent at the debate was
Gura said the real question is
whether the court will incorporate the
right to bear arms using the privileges
Dennis Henigan ’77, the vice president
and immunities clause of the 14th
for law and policy at the Brady Center
Amendment, or by using the due
to Prevent Gun Violence.
process clause.
The pair took issue over whether,
Alan Gura
If the Court uses the due process
Henigan agreed that the decision
in the wake of Heller, the Supreme
clause — which Henigan said is the
Court is likely to incorporate the right
only likely avenue through which it
on whether to incorporate the right
to bear arms at the state level, where it
would consider incorporation — the
to bear arms could come down to an
would affect local gun laws.
Court would need to look at three
analysis of the nature of the right to
“I’m fairly confident that the
things: whether the right to bear arms
bear arms.
Supreme Court will incorporate the
is rooted in legal tradition, whether it’s
Second Amendment right,” Gura said.
represented by existing state law, and
be a very strong argument against
“The only question that’s up in the air is
the character and quality of the right
incorporation,” Henigan said.
itself.
“Because despite Alan’s rhetoric about
The third issue is the most
Dennis Henigan ’77
personal autonomy and all these other
important, as the Second Amendment
phrases that he used, the fact of the
is firmly rooted in the right to self
matter is, the Heller right is grounded
defense, Gura said. He pointed to
in the common law right of self
other cases in which the Court has
defense,” which is not the same as the
considered the quality of other rights,
right to bear arms, he said.
including an abortion case in which
“If you look at the nature of the
he said the Court affirmed the right to
interest protected by the right as
“define your own concept of existence.”
delineated in Heller, it is an interest
“If you have the right to define
long held to be within the province
your own concept of existence by
of the states,” which makes it unlikely
choosing to end a pregnancy, certainly
that the Supreme Court would force
you would have the right to define
the issue on the states, he said.
your own concept of existence by
having arms with which to repel
violent criminal attack that would end
your existence,” he said.
6 | UVA Lawyer • FAll • 2009
“That’s where I think there may
Listen to the entire debate online
at: law.virginia.edu/news. ❚
Law
School
News
Constitutional Law Scholar Joins Faculty
S
AIKRISHNA PRAKASH, a
national antecedents of the president
prominent constitutional law
such as governors and the king,”
scholar, joined the Law School faculty
Prakash said. “It will also shed light
this fall as David Lurton Massee,
on Washington’s understanding of his
Jr., Professor of Law and Sullivan &
constitutional powers.”
The original interpretations of
Cromwell Professor of Law. Previously,
Prakash was Herzog Research
presidential powers have changed
Professor of Law at the University of
significantly over the past two
San Diego School of Law. He was a
centuries, he said. “The president
visiting professor at Virginia during
has more military power today than
the spring 2008 semester.
they understood him to have back in
“Sai Prakash is a scholar of the first
1789, but has less authority over law
rank — rigorous, creative, insightful and
execution today than he did at the
prolific,” said Professor Caleb Nelson.
founding, so it’s a mixed bag. People
“He is also a wonderful person.”
today tend to think that we have an
Prakash has written on topics that
range from the removal of federal
Saikrishna Prakash
imperial presidency, and that’s true
with respect to certain powers. But
the conventional understandings of
things,” Ortiz said. “The way he says
“He wades into very controversial areas and comes
it and the strength of his analysis
convinces people.”
out saying something new in a way that doesn’t
Prakash, who relocated to
Charlottesville this summer with his
seem to be politically charged.”
wife and daughters, said he is happy to
return to the community and the Law
School. “I thought the faculty and the
judges to the scope of federal power
regarding other powers, the presidency
students were amazing when I visited,
over Native American tribes, but said
seems somewhat imperiled.”
and I really enjoyed their company
his current research interests focus on
The past few years have been a ripe
both in the classroom and outside,” he
constitutional law, and specifically on
time for the study of constitutional
said. “We’ve found Charlottesville to
presidential powers. “That includes
law, and though his book will have
be a very pretty place, especially in the
everything from his control of law
a primarily historical focus, Prakash
spring time.”
execution and removal of executive
said he is hopeful it will have some
After graduating from Yale Law
officers to war powers and military
contemporary resonance. “This has
School in 1993, Prakash clerked for
powers,” he said.
been quite an interesting and exciting
Judge Laurence H. Silberman of the
time for people in the field,” he said.
U.S. Court of Appeals in Washington,
Professor Dan Ortiz said Prakash
D.C., from 1993 to 1994, and for U.S.
Currently, Prakash is working
on a book that will examine the
historical origins and meanings of the
has a talent for tackling contentious
Supreme Court Justice Clarence Thomas
president’s constitutional powers.
and divisive issues. “He wades into
from 1994 to 1995. He practiced in New
“It’ll examine what I think the
very controversial areas and comes
York for two years, and has also taught
Constitution meant with respect to
out saying something new in a way
at the law schools of the University of
executive powers in 1789 by looking
that doesn’t seem to be politically
Illinois and Boston University. ❚
at the English, colonial, state and
charged, and which often overturns
UVA Lawyer • Fall • 2009
|7
Law
School
News
International Law Faculty Expands
P
IERRE-HUGUES VERDIER,
Verdier, who grew up in a town
north of Montreal, speaks French
a scholar of international law,
global governance, and financial
and English. He has clerked for the
regulation, joined the Law faculty
Supreme Court of Canada, worked
this fall.
at a New York law firm, and served
as a researcher for the Committee on
Verdier, who this last year served
Capital Markets Regulation.
as a visiting assistant professor at
He holds an LL.M. from Harvard,
Boston University School of Law,
is teaching international law and
a diploma in public international
banking regulation. “Most of my
law from the Hague Academy of
research focuses on the realities and
International Law, and law degrees
prospects of effective international
from McGill University. He expects
governance on matters of finance
to receive his S.J.D. from Harvard
and economic relations between
next year.
countries,” Verdier said. “There is an
Pierre-Hugues Verdier
“I knew from day one that I
wanted to teach,” said Verdier. “I
abiding and very significant tension
thought it would be useful, given
inherent in attempts to create effective
international governance — that
international law, from environmental
the areas I am interested in, to have
is, between national autonomy and
issues to human rights.
real-life experience and some direct
effective international norms.”
“Pierre’s scholarship challenges
Verdier’s paper was recently
published in the Yale Journal
hands-on knowledge of how things
operate in practice.”
Verdier is now turning his
the core ideas of some of the most
of International Law. “It argues
prominent scholars in the field
that there are very significant
scholarship toward proposing an
of international law,” said School
limitations on the effectiveness of
alternative system to the idea of
professor Barry Cushman ’86,
that kind of governance and these
international regulatory networks.
who chaired the entry-level faculty
limitations are caused by a number
appointments committee. “His work
of factors, including administrative
recognition by different states of
displays a remarkable level of scholarly
accountability mechanisms, pressures
each others’ regulatory regimes, as
rigor, an impressive command of
that arise from domestic politics
contrasted with attempts to harmonize
a variety of highly technical legal
and formal limits on the role that
substantive rules, and it would also
subjects of great significance, and a
domestic regulators can play on the
be based on regional cooperation,
sure-footed mastery of both the big
international stage,” Verdier said.
or cooperation between states that
Verdier said the recent global
have similar levels of regulation or
picture and the complex nuances of
factual and institutional detail.”
In his most recent scholarship,
Verdier questioned the widespread
“The emphasis will be on mutual
financial crisis suggests that current
similar economic systems, rather than
regulatory networks are not enough.
universal networks or institutions.”
“My own impression is that these
Verdier is happy to join the Law
endorsement — by scholars as
events will confirm the skepticism
School’s faculty. “I was very impressed
prominent as Anne-Marie Slaughter —
that I and others have expressed about
with the breadth of the faculty’s
of international regulatory networks
international networks like the Basel
interests and just how many of them
as being key to effective global
Committee on Banking Supervision
were working on issues that speak
governance. Slaughter argued that
and their capacity to make and enforce
to the kind of work I do myself,” he
informal regulatory networks
rules that effectively control the risk of
said. “It just seemed like an ideal
could help govern in many areas of
financial crises internationally,” he said
environment for my research.” ❚
8 | UVA Lawyer • FAll • 2009
Law
School
News
Tax Expert Yale Joins Faculty
E
THAN YALE, a visiting
professor who specializes in
“In terms of policy
tax law and policy, has accepted a
permanent faculty position. Yale,
changes, I think we’re
who taught courses on international
and federal income tax law and a
going to see a lot of
tax policy seminar during the spring
semester, joins the Law School from
new and interesting tax
Georgetown University Law Center,
where he has taught since 2004.
legislation.”
Professor Daniel Ortiz said
Yale’s work on subjects such as
deferred compensation challenged
conventional thinking and presented
the “big picture and nitty-gritty
Ethan Yale
together.”
“We’re very happy and lucky to
have him,” Ortiz said. “His students
system for greenhouse gases and
two discrete policy choices, auction
really love him and his scholarship
federal income tax law.
permits or give them away for free. But
is both very technical and very
“The paper pointed out that
I will show that policymakers could
the interaction between the federal
combine tax rules and gratis allocation
income tax law and cap-and-trade
of pollution permits in certain ways
including the introductory federal
regulation could produce some
that would allow the government to
income tax class, as well as advanced
distortions which could interfere with
capture some fraction of the revenue it
courses on subjects such as corporate,
the cost effectiveness of that form of
would raise through a permit auction.
partnership, and international tax.
regulation, which is thought to be its
The main point is that by creatively
He said the subject appeals to him
chief advantage,” he said.
shaping the tax rules that apply to
important at the same time.”
Yale plans to teach tax law,
because tax law impacts nearly
Yale is currently in the beginning
pollution permits, policymakers could
every other area of the law, and
stages of a second paper on the topic,
essentially hit any intermediate spot
because there are almost always new
which would address the ways that
between auction and gratis allocation.”
developments emerging.
credits for the cap-and-trade system
Prior to Georgetown, Yale was an
are distributed. Academics tend to
acting assistant professor at New York
we’re going to see a lot of new and
conclude that an auction system in
University School of Law. He was also
interesting tax legislation,” Yale said.
which businesses bid for credits in
an associate at New York law firm
“For example, the estate and gift tax
the cap-and-trade system would be
Wachtell, Lipton, Rosen & Katz, and a
is set to expire at the end of 2009, and
the best solution. “But that never
clerk for Judge Jacque L. Wiener Jr. on
most people don’t think that is going
happens,” Yale said. “For political
the 5th U.S. Circuit Court of Appeals.
to happen. So we’re going to have
reasons, they are always given to the
He earned his JD at Tulane University
some new legislation, and the form of
firms for free.”
School of Law. ❚
“In terms of policy changes, I think
that is quite uncertain.”
Yale’s past research includes a
However, Yale will argue that
gratis allocation need not be as costly
paper on the relationship between a
as some believe. “Up until now,
proposed cap-and-trade regulatory
most have considered there to be
UVA Lawyer • Fall • 2009
|9
Law
School
News
New Professor Unites Study of Public Law, Economics
T
combines theoretical sophistication,
did not know the results of the cases,
decisions is one of the most pressing
empirical skills, and an informed
whether a proposition involved more
issues in the legal system, and Michael
understanding of legal institutions,”
than one subject. He then compared
Gilbert is approaching it in a new way.
said Professor Barry Cushman ’86. “His
their responses to the decisions of
“My research suggests that politics
dissertation has the virtue of focusing
the judges, who did know the policy
matters, but that law matters more, at
with analytic care and rigor on a very
consequences of their ruling.
least in the specific circumstance that I
important topic in the neglected
examined” said Gilbert, who joined the
field of state constitutional law. We
that judges adhere to outcome-
Law School faculty this fall. “Most of
were impressed by its intelligence,
neutral principles in cases involving
the time, judges are doing a pretty good
thoughtfulness, thoroughness, and
the single-subject rule. From this,
job of applying the rule I studied.”
lucidity. We’re delighted that he’ll be
Gilbert suggested that judges probably
joining the faculty.”
follow such principles in other
HE question of whether judges
show political bias in their
Gilbert, who received his Ph.D. from
the University of California, Berkeley’s
“Mike is a first-rate lawyer who
Gilbert’s scholarship has focused
cases. He asked the students, who
Gilbert’s survey results suggested
areas of the law involving clearer
Jurisprudence and Social Policy
on the “single-subject” rule in state
rules and less-controversial topics.
Program and graduated first in his law
constitutional law, a widespread
“It raises interesting institutional
school class at Boalt Hall, has been
state-level constitutional provision
questions about the role of courts
examining the intersection between
limiting constitutional amendments,
in a democracy, which makes it an
law and economics and public law.
legislation and ballot propositions
interesting topic to study,” Gilbert said.
“I am interested broadly in
to one subject. The single-subject
“I’m trying to make a contribution
legislation and issues in election law
rule, while not widely studied, is
there with this survey technique.”
and administrative law,” Gilbert said.
important because almost every state
“More specifically I have written about
constitution has it, Gilbert pointed
studied at Tulane University as an
direct democracy and judicial decision-
out. “It has generated hundreds or
undergraduate and worked for the
making in legislative processes.”
even thousands of cases,” he said.
Federal Reserve for three years before
In the past few years voters
Michael Gilbert
pursuing a teaching career. His
have, for example, passed several
doctoral degree combines his interest
propositions on statewide ballots
in economics and political science. He
across the country banning same-sex
is currently clerking for Judge William
marriage and same-sex civil unions.
Fletcher on the 9th U.S. Circuit Court
Elected state judges have to decide
of Appeals.
whether a proposition that forbids
Gilbert said he is thrilled to join
both of those practices covers one
Virginia’s faculty. He is teaching
subject or two.
legislation this fall and election law
“The question, in other words, is
and a seminar on judicial decision-
whether marriage and civil unions are
making in the spring. “I’ve never
the same subject,” Gilbert said. “A lot
taught law students before and I
of people think judges are deciding
expect to be somewhat intimidated by
these cases based on their politics.”
it,” joked Gilbert, who has taught his
Gilbert conducted a series of
share of undergraduates. “I’m looking
surveys of law students to evaluate
forward to taking this next step with
the comparative effects of law and
law students.” ❚
politics on outcomes in single-subject
10 | UVA Lawyer • FAll • 2009
A Montana native, Gilbert
Law
School
News
Law School Offers Family Alternative
Dispute Resolution Clinic
S
TARTING this fall, the Law
adjudicated in court. Emery recently
they’ve learned the skills,” Emery
School offers a clinic designed to
designed training for local family law
added. “They’ve also seen how one
help low-income families resolve legal
attorneys so they could assist in such
type of alternative dispute resolution
issues through mediation or other
cases free of charge.
may be better than another.”
options outside of a courtroom.
The yearlong Family Alternative
Dispute Resolution Clinic focuses
In addition to a seminar in the
Balnave said by the end of the
fall that trains students to handle
course students will be able to
such cases, students will receive 20
compare options for families in
primarily on custody, divorce,
visitation, and support issues. The
clinic began in 2008 as a pro bono
pilot project funded by a grant from
the Jessie Ball duPont Fund. “The
family law pro bono cases are the most
difficult to place,” said clinic instructor
Kimberly Emery ’91, assistant dean
for pro bono and public interest. “The
need for family law representation is
extreme.”
The clinic partners with the
Mediation Center of Charlottesville,
which takes court-referred cases from
the juvenile, domestic relations and
circuit courts. “We expect most of the
Richard Balnave and Kimberly Emery ’91
cases we are going to get are going to
deal with child custody and visitation
issues, parenting-plan questions,
“The family law pro bono cases are the most difficult
probably child-support calculations
and possibly spousal support,” said
to place. The need for family law representation is
clinic instructor Richard Balnave.
The clinic also may tackle some
extreme.”
issues in divorce cases. “We can help
people in mediation work out a lot of
the details of the separation.” Students
hours of mediation skills training
litigation, collaborative law, and
in the clinic co-mediate with the
through a program approved by the
mediation settings. “We’re going
Mediation Center’s “experienced and
Supreme Court of Virginia. “All year
to have people who really want to
certified family mediators,” he said.
long, students are going to be given
have an amicable dissolution of the
opportunities to observe mediations
relationship and that’s going to be
Central Virginia Legal Aid Society to
and collaborative practice cases,
really satisfying for our students to
accept referrals for collaborative law
and to actually participate in those,”
work on — to help people through
cases, in which clients retain their
Balnave said.
that difficult time,” he said.
The clinic also works with the
own lawyer, but in a less-adversarial
setting than a typical family law case
“Even for students who are not
planning to go on to family law,
With the new clinic, the Law School
now offers 20 clinical courses. ❚
UVA Lawyer • Fall • 2009
| 11
Law
School
News
No Financial Institution Is Too Big to Fail,
Mahoney Tells Congress
F Congress passes laws that allow
I
to reduce moral hazard is to ensure
the government to deem some
that economic agents bear the costs of
financial institutions “too big to
their own mistakes,” he said.
fail,” taxpayers will continue to bear
Mahoney suggested that the
the brunt when those institutions
banking crisis was not just a
falter, Dean Paul G. Mahoney told
temporary liquidity problem, but a
lawmakers during a congressional
result of sharp declines in real estate
hearing in July on Capitol Hill.
and other asset values. “A bailout can
“The identification of particular
firms as too big to fail and, therefore,
the beneficiaries of an implicit
redistribute those losses to taxpayers,
but it cannot avoid them,” he said.
Creditors ensured by the
government guarantee, is a bad
government would likely anticipate
idea,” Mahoney told the U.S. House
that they would be able to shift losses to
Committee on Financial Services. “It
taxpayers, and may not charge enough
is not clear that the magnitude of the
for the capital they provide. In turn,
problem is sufficient to justify the
the financial institution would not pay
scale of government intervention that
a sufficient price for taking risks. “The
we have seen in the past year.”
result is a dangerous feedback loop,”
President Barack Obama’s
Mahoney said. “Large banks have access
administration has proposed handling
to cheap capital, which causes them to
“Tier 1 Financial Holding Companies,”
grow even larger and more systemically
or Tier 1 FHCs, to different regulatory
important while taking excessive risks,
and oversight standards. The
all of which increases the probability of
administration has proposed creating
a crisis.”
a special resolution regime outside the
Mahoney argued that once a firm
normal bankruptcy process that would
has been designated a Tier 1 FHC,
be triggered when the stability of the
other financial institutions will view
financial system is at risk.
it as having an implicit government
“A credible threat that failure
guarantee, as they did for Fannie Mae
will lead to a resolution proceeding
and Freddie Mac. Risks transferred
in which the marginal loss will fall
to Tier 1 FHCs “will be in effect
on creditors, not taxpayers, will do a
transferred to the federal government.”
better job of disciplining risk-taking
“Any institution that can keep its
Dean Paul Mahoney
“The identification of
particular firms as too
big to fail and, therefore,
the beneficiaries of an
implicit government
guarantee, is a bad idea.”
Risk: Are Some Institutions Too Big
than the combination of oversight and
gains while transferring catastrophic
to Fail and If So, What Should We
an implicit government guarantee,”
losses to the government will find a
Do About It?” Three committee staff
Mahoney told committee members.
way to engage in excessive risk-taking
members are Virginia Law graduates:
and expansion, and the financial
Jim Clinger ’87, senior counsel;
financial institutions to go through
system as a whole will suffer more
Thomas Duncan ’78, general counsel;
bankruptcy proceedings, so costs may
frequent financial crises.”
and Adam Trost ’07, counsel.
Mahoney suggested allowing
be appropriately passed to creditors
rather than taxpayers. “The best way
12 | UVA Lawyer • FAll • 2009
The committee asked Mahoney
to speak at the hearing, “Systemic
Mahoney’s Testimony may be
viewed at law.virginia.edu/news. ❚
Law
School
News
Class of 2012 Most Qualified, Diverse on Record
HE Class of 2012 was chosen
T
percent the previous year. The new
worked at law firms as paralegals and
from the largest applicant
class also has the second-highest
interns, others gained insight into the
pool in Law School history, and
percentage of females in school
law working at institutions such as
set new records for both academic
history, at 47 percent.
European Parliament, the World Bank,
qualifications and diversity, according
to admissions data.
“This is the most qualified and
most diverse class on record,” said
The Hague, the U.S. Supreme Court,
Congress and the White House.
About 27 percent identify themselves as minority students …. The new class also has
the second-highest percentage of females in school history.
One new student is a competitive
The 368 enrolled students have
Jason Wu Trujillo ’01, senior assistant
a median LSAT score of 170 and a
dean for admissions and financial aid.
rifle shooter with extensive international
median undergraduate GPA of 3.85,
“The Class of 2012 truly has no equal
competition experience and Olympic
up from 3.8 for the previous class.
in the history of this law school.”
aspirations. Another is a philosophy
About 27 percent identify themselves
as minority students, up from 16
The students bring a wealth of
experience with them. Though many
professor who decided to return to
school mid-career to study law.
UVA Lawyer • Fall • 2009
| 13
Law
School
News
“Most people I knew who wanted
to volunteer thought they could only
made me want to come to law school
go to the inner city or go abroad,”
even more.”
Braxton said. “They didn’t realize that
Eileene Braxton
“It was a lot of fun,” she said. “It
Braxton wasn’t alone in taking
there are small pockets within the
some time off between undergraduate
United States that are rural and have
study and law school. Her classmates
higher levels of poverty, illiteracy, and
averaged about two years between the
domestic violence than many inner-
two, and only 38 percent of the class
city communities.”
came directly from college.
While in Mullins, Braxton helped
community service workers identify
ILEENE BRAXTON spent
E
the area’s most pressing needs, and
much of the year prior to law
helped a proposed women’s center
school working in the rural mountain
take the first steps toward becoming
community of Mullins, W.Va.
a reality. Braxton said she saw her
After graduating from Duke in
role not as an outsider with all the
2008, Braxton knew she wanted to take
answers, but as someone who could
a year off and do some community
help residents aid their community
service work. She decided on Mullins
in ways they deem most needed and
after doing research on nonprofits
beneficial.
through AmeriCorps’s VISTA program.
“It was up to me to help them
determine what they wanted to happen
and help get that off the ground, and
Andrew Peach
it’s up to the community to keep it
FACTS & FIGURES
community service and volunteerism
E
Median LSAT: 170
as individual responsibilities the more
school was longer than most. To join
fortunate have to others.
the Class of 2012, Peach took a leave
running,” said Braxton, who views
25%-75% LSAT: 165–171
Median GPA: 3.85
25%–75% GPA: 3.54–3.92
Braxton is of Cherokee and Thai
VEN by those standards,
Andrew Peach’s path to law
of absence from Providence College in
descent and spent her early childhood
Rhode Island, where he is an associate
in a rural Appalachian community in
professor of philosophy.
North Carolina, where she developed a
Peach found himself drawn to
Average Age: 24
(range is 18 to 45)
fascination with the culture. Her next
the law as his teaching and research
stop after West Virginia, however, was
interests in philosophy trended
368 students enrolled from
anything but rural.
toward practical areas such as ethics in
among 7,880 applicants
She participated in a Sponsors for
biomedicine and business. “It became
194 men (53%),
174 women (47%)
Educational Opportunity program
increasingly clear to me that my
for rising law students from diverse
direction was leading toward where
98 identify themselves as
backgrounds who have been accepted
logic meets life, as they say about the
to top law schools. The program
law,” Peach said. “It just naturally
brought her to New York City,
opened the door to law school.”
minority students (27%)
141 directly from college (38%)
Average number of
post-college years: 2
44 have graduate degrees (12%)
14 | UVA Lawyer • FAll • 2009
where she worked in the pro bono
He wanted an education that
department at Shearman & Sterling
would leave all potential doors open
on cases involving issues ranging from
to him after graduation — including
the Violence Against Women Act to
academia, private practice and public
political asylum.
service — and said he felt drawn
Law
School
News
to UVA Law in part because of its
excellence in all those areas.
Peach said both the Law School
he said. “It’s quite impressive.”
Peach isn’t the only member of
his class to enter with impressive
really talented. They exaggerated a bit,
but I spent the next few years working to
improve my skills,” she said.
and Charlottesville communities have
academic credentials; 43 of his
been welcoming and accommodating
classmates already have a graduate
offer for competitive shooting, one
since he moved to Virginia with his
degree. Many others previously served
of only two collegiate sports in which
wife and three children over the
in the military or worked for federal
men and women compete against
summer. “What I heard over and over
agencies or think-tanks. Only one,
each other. Morrill has also been
again is that UVA is the place to get
however, is an Olympic hopeful in
part the U.S. national team, and
a humane legal education,” he said.
competitive air rifle shooting.
traveled extensively for international
Her efforts led to a scholarship
“Charlottesville is a fantastic place to
competitions. Last year, she competed
raise children and have a family life.”
in World Cup events in South Korea,
The transition from teacher to
Italy, China and Germany. “I racked
up the frequent flyer miles,” she said.
pupil has been a smooth one so
In international competition,
far, Peach said, and he’s found that
his classmates make a significant
which is separated by gender, Morrill
contribution to the quality of the
competes both in small-bore rifle — or
in-class discussion.
.22 caliber — and her specialty, air rifle.
Though she joking refers to her air rifle
“Even though my colleagues are
younger than I am, and in some ways
as a “glorified BB gun,” it’s anything but
I have life experience that they don’t,
childlike. Custom built in Germany, her
I find them to be remarkably talented
Feinwerkbau rifle uses compressed air
to propel a .177 caliber pellet. Air from
young people. I’ve already changed
my mind in class on judgments based
Meghann Morrill
a SCUBA tank fills the air rifle cylinder,
and contestants wear suits specially
upon what students have said.”
turned to concepts developed by
M
philosophers during the Middle Ages.
the University of Nevada, Reno, who
“The medievals distinguished between
hopes to continue her competitive
Beijing Olympics, and after three
what they called ratio and intellectus,”
rifle shooting career while obtaining
days of competition finished sixth in
he said. “Intellectus is the ability to
her law degree.
her event out of a field of about 70.
To describe his classmates, Peach
EGHANN MORRILL was
designed to neutralize any influence the
an NCAA Division I athlete at
shooter’s pulse could have on trajectory.
Morrill tried out for the 2008
Members of the Class of 2012 come from 10 foreign countries and 40 different states,
as well as Washington, D.C.
grasp a fundamental insight or pearl
Morrill began shooting BB guns
Only the top finisher made the team.
of wisdom. Often, the latter takes more
with her dad in the back yard when
Unsatisfied with the outcome, she
life experience. Ratio is more like the
she was six, but didn’t start competitive
plans to continue training while in law
ability to move from insight to insight.”
shooting until she noticed her high
school in the hopes of securing a spot
school’s rifle team at an activities fair for
for the 2012 games.
To Peach’s eye, his fellow students in
the Class of 2012 have ratio in spades.
incoming freshmen. “I picked up a flier,
Morrill said she has always felt
“They can move all around the avenues
and I went and tried out for it because it
drawn to the law, and that she decided
of these arguments with great fluidity,”
was a winter sport. They told me I was
on Virginia after visiting several law
UVA Lawyer • Fall • 2009
| 15
Law
School
News
schools during the spring break of her
researched and wrote on the growth
senior year in college. “I visited here,
of the power of judicial review from
and I took one of the student-guided
the founding of the country through
tours and sat in on a class,” she said.
the present. “So I looked back on
“The students sold me on the school;
the eminent domain paper, the self
it felt like home. The students who
defense paper and the judicial review
gave the tour were really friendly,
tome, and it was kind of obvious that
and even during the class four or five
I was going to law school,” he said.
students came up and asked if I was a
After graduation, he worked
prospective student. They said ‘You’d
Ben Massey
for over a year as a paralegal in the
really like it here.’ It just felt like it was
B
EN MASSEY is originally from
Washington, D.C., office of a law firm
Atlanta, and worked for a variety
that was among the victims of the
a good fit for me.”
of law firms in Washington, D.C., before
economic downturn. After being laid
as an undergraduate, and said she’s
beginning law school this fall. Despite
off, Massey found himself working for
interesting in areas such as tax,
this, no one could have convinced him
a libertarian public interest law firm
estate planning and corporate law.
during his junior year at Princeton
on an issue close to his heart from his
As for shooting, she’s already made
that law school was in his future.
undergraduate days: eminent domain.
“At that time, law school was
He worked to help educate community
Morrill majored in accounting
arrangements to train at a nearby rifle
range — she uses a special electronic
explicitly crossed off my list of activities
members opposed to their state or local
target that uses sound to pinpoint
after graduation,” he said. “Part of it
government’s plan to seize land.
impact location— and plans to begin a
was this image of lawyers as ambulance
five-day per week training regimen this
chasers, or people who use slimy
organize and help them learn the law
fall in anticipation of an international
technicalities to get around things. But
of the state, county or city, and help
competition later this year.
I think what converted me to a more
them figure out what the process is
“We’d go through and help them
The Class of 2012 was chosen from the largest applicant pool in Law School history,
and set new records for both academic qualifications and diversity.
“There’s no doubt that it’s going
positive view of the legal industry
to be challenging, but I like being busy
was the connections I made in my
and I like being involved in different
and help them fight it,” he said.
When searching for a place to study
independent work on political issues.”
law, Massey said he was interested in
activities. When I get tired of the books,
A political enthusiast, Massey
finding a top school where he would
I can go shooting. And when I get tired
found himself drawn to the legal
get a quality education, but also be able
of shooting, I can go back to the books.”
underpinnings of policy arguments.
to work and learn in a friendly and
Morrill’s fellow members of the
As an undergraduate, he researched
collegial atmosphere.
“One of the things I wanted to find
Class of 2012 come from 10 foreign
and wrote independent papers on
countries and 40 different states, as
the government’s power to seize land
in a law school was an environment
well as Washington, D.C.
through eminent domain and on a
that was cooperative, friendly and
Florida law that repealed the duty to
congenial, a place where people work
retreat, a principle of self-defense law
together,” he said. “After a visit, I
that requires the victim to flee in the
thought ‘If I come here, I’ll be happy
face of a potentially deadly attack.
for the next three years,’ even with the
Then, for his senior thesis, Massey
16 | UVA Lawyer • FAll • 2009
rigors of law school.” ❚
Law
School
News
Clerkships for 2009–2010 Term
* All are members of the Class of 2009 unless otherwise noted.
Emily Alexander ’08
Andrew Black
Marshal Bozzo ’04
The Honorable Ronald L. Gilman
The Honorable Rhesa Barksdale
The Honorable Lawrence M. McKenna
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court, Southern District of New York
Stephen Anthony
Jeremy Bloor
Joshua Bradley
The Honorable Rebecca Beach Smith U.S.
The Honorable George Kendall Sharp ’63
The Honorable Robert R. Beezer ’56
District Court, Eastern District of Virginia
U.S. District Court, Middle District of Florida
U.S. Court of Appeals for the Ninth Circuit
Ian Atkinson ’08
Ellen Bognar
Orran Brown
The Honorable Edith Brown Clement
The Honorable Angel Cortinas
The Honorable Richard Williams ’51
U.S. Court of Appeals for the Fifth Circuit
Florida Third District Court of Appeals
U.S. District Court, Eastern District of Virginia
John Bennett
Andrew Bosse ’08
Emily Buckley
The Honorable Will Garwood
The Honorable Edith Brown Clement
The Honorable Lance M. Africk
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court, Eastern District of Louisiana
UVA Lawyer • Fall • 2009
| 17
Law
School
News
Donald Burke ’08
Katherine Foss
Brian Johnson
The Honorable Raymond M. Kethledge
The Honorable Raymond Jackson ’73
The Honorable Terrence O’Donnell
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court, Eastern District of Virginia
Ohio Supreme Court
Katie Burke ’08
Sarah Fritsch
Elizabeth Katz
The Honorable Gerald Tjoflat
The Honorable Cynthia Rufe
The Honorable Frederick Motz ’67
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, District of Maryland
Catherine Byrd
Ross Goldman ‘08
Sarah Klapman
The Honorable Robert Doumar ’53, LL.M. ’88
The Honorable Dennis Jacobs
The Honorable Charles Pannel
U.S. District Court, Eastern District of Virginia
U.S. Court of Appeals for the Second Circuit
U.S. District Court, Northern District of Georgia
Thomas Henry Camp
Brandon Graves
Vikas Kumar
The Honorable C. Ashley Royal
The Honorable J.L. Edmondson LL.M. ’90
The Honorable Robert G. Mayor
U.S. District Court, Middle District of Georgia
U.S. Court of Appeals for the Eleventh Circuit
U.S. Bankruptcy Court, Eastern District of Virginia
Jennifer Carpenter-Everett ’08
Jennifer Greenlief ’08
Elizabeth Anne Laningham
The Honorable Thomas C. Wheeler
The Honorable Thomas E. Johnston
The Honorable Lynn Hughes LL.M. ’92
U.S. Court of Federal Claims
U.S. District Court, Southern District of
U.S. District Court, Southern District of Texas
West Virginia
Meghan Casey ’08
Colin Lecroy
The Honorable Norman Stahl
Preston Hartman
The Honorable Sidney Fitzwater
U.S. Court of Appeals for the First Circuit
The Honorable Laurie Ann Booras
U.S. District Court, Northern District of Texas
Colorado Court of Appeals
Katie Cole ’07
Josephine Liu ’08
The Honorable Richard D. Bennett
James Harvey ’08
The Honorable Beverly Martin
U.S. District Court, District of Maryland
The Honorable Gilbert Merritt
U.S. District Court, Northern District of Georgia
U.S. Court of Appeals for the Sixth Circuit
Robert Derise
Bridget Mayer
The Honorable Norman K. Moon ’62, LL.M. ’88
Mark Hiller
The Honorable Margaret Seymour
U.S. District Court, Western District of Virginia
The Honorable Robert D. Sack
U.S. District Court, District of South Carolina
U.S. Court of Appeals for the Second Circuit
Samuel Doran
Amber Moran
The Honorable Curtis Gomez
Colin Holmes
The Honorable Michael Schneider LL.M. ’01
U.S. District Court, Virgin Islands
The Honorable Frederick Martone
U.S. District Court, Eastern District of Texas
U.S. District Court, District of Arizona
Alicia Nicole Ellington ‘08
Paul Mysliwiec
The Honorable Paul V. Niemeyer
Christine Ives
The Honorable Maurice M. Paul
U.S. Court of Appeals for the Fourth Circuit
The Honorable Rebecca Beach Smith
U.S. District Court, Northern District of Florida
U.S. District Court, Eastern District of Virginia
Jordan Feirman ‘07
James Nelson
The Honorable Eric Nicholas Vitaliano
Marissa Jenkins
The Honorable Jerry Smith
U.S. District Court, Eastern District of New York
The Honorable Liam O’Grady
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court, Eastern District of Virginia
18 | UVA Lawyer • FAll • 2009
Law
School
News
Matthew Nicholson
Amy Saltzman
Justin Torres ’08
The Honorable J. Harvie Wilkinson ’72
The Honorable F. Bradford Stillman ’76
The Honorable Edith Brown Clement
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court, Eastern District of Virginia
U.S. Court of Appeals for the Fifth Circuit
Christopher Norfleet
Jeffrey Schmitt ’07
James Tysse ’06
The Honorable Sidney Fitzwater
The Honorable Susan Harrell Black LL.M. ’84
The Honorable Karen LeCraft Henderson
U.S. District Court, Northern District of Texas
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the D.C. Circuit
Sinead O’Doherty ’08
Scott Schwartz
Tom Valente ’01
The Honorable Robert B. King
The Honorable Anthony John Trenga ’74
The Honorable Peter W. Hall
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court, Eastern District of Virginia
U.S. Court of Appeals for the Second Circuit
Rob Painter
Nitin Shah
William Vigen
The Honorable Danny J. Boggs
The Honorable Thomas Selby Ellis
The Honorable M. Blane Michael
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court, Eastern District of Virginia
U.S. Court of Appeals for the Fourth Circuit
James Parker ’08
Aaron Shephard
Charles Weinograd
The Honorable Keith Watkins
The Honorable James Gwin
The Honorable Beverly Martin
U.S. District Court, Middle District of Alabama
U.S. District Court, Northern District of Ohio
U.S. District Court, Northern District of Georgia
TJ Parnham
Jason Shyung ’08
Cleland Welton
The Honorable Louise W. Flanagan ’88
The Honorable Catharina Haynes
The Honorable Charles R. Simpson III
U.S. District Court, Eastern District of
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court, Western District of
North Carolina
Kentucky
Caitlin Stapleton
Lee Peifer
International Court of Justice
The Honorable Phyllis Kravitch
U.S. Court of Appeals for the Eleventh Circuit
Jasmine Yoon ‘06
The Honorable James Cacheris
Bryan Starrett
U.S. District Court, Eastern District of Virginia
The Honorable Norman K. Moon ’62, LL.M. ’88
Noah Peters
U.S. District Court, Western District of Virginia
The Honorable David Katz
U.S. District Court, Northern District of Ohio
James Stern
SUPREME COURT CLERKS
The Honorable J. Harvie Wilkinson ’72
Kelly Phipps ’08
U.S. Court of Appeals for the Fourth Circuit
The Honorable Martha C. Daughtrey
U.S. Court of Appeals for the Sixth Circuit
Winn Allen ’08
The Honorable Samuel Alito
Jeffrey Sullivan
The Honorable Terrence Boyle
Pamela Bookman ’06
Brian Rabbit ’08
U.S. District Court, Eastern District of
The Honorable Ruth Bader Ginsburg
The Honorable Thomas Hardiman
North Carolina
U.S. Court of Appeals for the Third Circuit
Jamie McDonald ’08
Andrea Surratt ’08
Franklin Tom Reece ’06
The Honorable Debra Ann Livingston
The Honorable James Cacheris
U.S. Court of Appeals for the Second Circuit
U.S. District Court, Eastern District of Virginia
The Honorable John Roberts
Katherine Twomey ’08
The Honorable Antonin Scalia
UVA Lawyer • Fall • 2009
| 19
Law
School
News
COMMENCEMENT 2009
Evan Thomas ’77 Urges Graduates to Embrace Humility
URING commencement in
D
second letter to apologize and explain
broken families. It’s easy to become a
May, Newsweek editor-at-large
his embarrassment, but repeated his
slave to pride.
Evan Thomas ’77 encouraged the
request for a meeting. The editor
Class of 2009 to balance confidence
replied, “Dear Mr. Thomas, you also
become the servants of pride, their
and pride, traits he said could be
misspelled the word ‘embarrassed.’”
own pride and the pride of their
virtues or vices for new attorneys.
Though Thomas never did work
“I think lawyers too often have
clients. Back in the day, there was
for the Wall Street Journal, he has
an expression, ‘A good lawyer is a
about humility, because I think it
been a staff member at Newsweek
lawyer who keeps his client out of
has become an underrated virtue,
since 1986, where he has served as
court.’ I don’t hear that so much
and because I think it is sometimes
Washington bureau chief and assistant
anymore,” Thomas said. “It seems to
misunderstood. Humility is too
managing editor. From 1977 to 1986,
me there’s more emphasis now on
often associated with meekness and
he was a writer and editor at Time
combat, on battling the other side,
self-doubt. I see it in a different way.
magazine. He has won numerous
words of fighters, warriors. The idea
I see humility as a true measure
journalism awards, including a
is to overwhelm, to grind down the
of confidence,” Thomas told the
National Magazine Award in 1998 for
opposing party.”
graduates.
Newsweek’s coverage of the Monica
“I want to talk to you today
Thomas said he was full of pride
as he ended his third year of law
school. He aspired to write for the
Thomas also told the rising attorneys
Lewinsky scandal. He is also the
to see beyond their roles as advocates and
author of six books.
embrace the role of wise counselor.
Pride, Thomas told the graduates,
“There’s a tendency for lawyers to
Wall Street Journal, and sent a letter
is a virtue when it leads people to
become ‘yes-men’ and ‘yes-women,’
to the editor requesting a meeting.
“work harder, stand up straighter and
to tell their often high-paying clients
Afterward, he realized he’d called the
be the best that you can be.” However,
what they want to hear — that they
editor by the wrong name. He wrote a
he said, pride also leads to wars and
can do whatever it is they want to do,”
20 | UVA Lawyer • FAll • 2009
Law
School
News
Thomas said. “Where, you might ask,
“Instead of facing the impending
were the lawyers in the Enron scandal
uncertainty with fear, let’s view it as
or the endless debacles that have
an opportunity. Times like these are
engulfed Wall Street? Where were the
when citizen lawyers are needed most,
lawyers who said ‘no’ to their clients,
not just in the legal profession, but in
who worked with clients to help them
every profession,” Quillian said. “Now
see the weakness of their case?”
is when the cooperation, integrity and
It takes a truly confident attorney
community involvement we learned
to stand up to clients and offer advice
here is of the utmost importance.
concerning not only what is legal, but
Using the skills that UVA taught us,
what is right. A good attorney, he said,
we have the opportunity over the
tells a client what he needs to hear, not
course of our careers to remake the
just what he wants to hear. A good
practices and institutions of this
attorney is a peacemaker, not a gladiator.
country for the better.” ❚
“The truly confident people I know
are self-knowing enough to be
humble,” Thomas said. “They are not
just smart, but wise. They have a true
appreciation of the pitfalls and limits
of human nature.”
After Thomas spoke, 404 J.D.
graduates, 30 LL.M. graduates and one
S.J.D. graduate received their diplomas.
Law School Dean Paul Mahoney
reminded class members to remember
the many skills they learned in law
school, including the importance of
leadership.
2009 GRADUATION AWARDS
“You have been trained to be leaders,
and you will be in your careers, in
Margaret G. Hyde Award
Rebecca Dopkins Vallas
your communities and, in some cases,
James C. Slaughter Honor Award
Douglas Matthew Andre
in appointed or elected government
Thomas Marshall Miller Prize
Susan Joyce Ruggero
service,” Mahoney said. “I do not
Z Society Shannon Award
Matthew Brian Nicholson
doubt that at some future reunion of
Law School Alumni Association Best Note Award
Elizabeth-Ann Dater Katz
the Class of 2009, we all will marvel in
Robert E. Goldsten Award for Distinction in the Classroom
James David Nelson
the variety of ways in which you have
Roger and Madeleine Traynor Prize
James David Nelson
succeeded in the intervening years.”
Outgoing Student Bar Association
James Yarbrough Stern
Herbert Kramer/Herbert Bangel Community Service Award
Phillip Thomas Storey
President Ryan Quillian commented
Mortimer Caplin Public Service Award
Rebecca Dopkins Vallas
on his peers’ overwhelming support
Edwin S. Cohen Tax Prize
Daniel Joseph Walter
for the class gift, to which 93 percent
Earle K. Shawe Labor Relations Award
Olushola Ayanbule
of the students contributed. Quillian
Eppa Hunton IV Memorial Book Award
Benjamin Ryan Sachs
reminded his classmates that even in
Virginia Trial Lawyers Trial Advocacy Award
Joseph Barlow Warden
a time of uncertainty caused by the
Virginia State Bar Family Law Book Award
Elizabeth-Ann Dater Katz
economic downturn, the Class of
Stephen Pierre Traynor Award
Lee Alexander Peifer
2009 is dedicated to becoming not just
Daniel Rosenbloom Award
Matthew Brian Nicholson
lawyers, but citizen lawyers.
UVA Lawyer • Fall • 2009
| 21
“BUSINESS OF LAW”
MIXED PICTURE
SURVEY PAINTS
OF LEGAL MARKET
By Cullen Couch
A
MID-SUMMER ONLINE SURVEY of UVA
something akin to “a hotel approach where you pay for X
Law alumni shows that the economic downturn is
number of rooms for Y number of nights and get an overall
clouding the business and culture of the nation’s
discount off the rate for the rooms.”
law firms and in-house legal departments. Its intensity
depends largely on the size of the firm or company, and
to a lesser degree the size of the city in which the firm or
company is based. National and international firms are
faring worse than their local and regional counterparts, and
publicly-traded entities are struggling more than privately-
BILLING RELATIONSHIP WITH OUTSIDE COUNCIL
Non-profit
Privately-held
Publicly-held
held companies and non-profits. Over 95% of all legal
employment sectors report moderate to severe impacts.
100%
100%
91.4%
89.3%
TRADITIONAL HOURLY RATE STILL DOMINATES
80%
Although national and international firms report that
clients have begun renegotiating fee arrangements and
60%
demanding discounts, the traditional hourly rate structure
remains dominant in law firms of all sizes and locations.
“The hourly rate, for all its faults, does provide a
measure of the difficulty and effort required,” says a
40%
respondent from a national firm in a large metro area. “It
provides a good standard for pricing services, particularly
on the defense side.” However, the respondent also notes
20%
that “on the plaintiff side, where litigation is designed to
create new wealth for a client, there is a greater opportunity
8.6%
to vary from the hourly rate.” An international firm reports
10.7%
that it is “doing away with block billing” and offering
0%
Retainer, hourly rate
Set fee by job
UVA Lawyer • Fall • 2009
| 23
“The hourly rate, for all its faults, does provide a measure of the difficulty and effort required.”
“Partners seem to completely lack a realistic understanding of how
Smaller firms seem to feel less pressure on fees, possibly
“We negotiated a flat blended rate with one firm, a
because of greater competitive stability in smaller markets.
discount with another firm, a set fee by job, and have still
“Our clients compare our rates to those of the national
paid hourly rates,” says one respondent in a privately held
firms and know that they are getting a bargain, and have
company. “We are trying to move more outside counsel to
told us so,” says a regional firm. Another regional firm
alternative fees,” says counsel in a publicly-held company,
respondent agrees, reporting that “[w]e have turned away
“but find it difficult to do so where firms continue to
more prospective clients and argued more and more why
measure productivity and profitability based on the billable
we should be allowed to be paid for work done.” But a small
hour. Firms have been more willing to move certain
firm attorney admits that the firm is “willing to entertain
types of matters (e.g., some IP and labor matters) to
alternative rate structures” as needed.
fixed-fee arrangements — where the level of work is more
routine and predictable. In the M&A arena, firms are very
On the client side, corporate counsel continue
grudgingly to accept the hourly rate structure. Although
resistant to fixed-fee arrangements — they say because of
55% say they are looking for set fee arrangements to replace
unpredictability of deals (some truth to this) — but also
hourly rates, over 90% of them report that they still use
because this is a highly profitable area for law firms and
hourly billing arrangements with outside counsel but are
they don’t want to harm the golden goose.”
seeking lower billable rates.
Even with those few who are experimenting with
alternative fee arrangements, the hourly rate still resonates.
FIRM LAYOFFS, SALARIES, AND CHANGING ROLES
FOR NEW GRADUATES
National (53%) and international (66%) firms are laying
off lawyers at roughly twice the rate of regional firms (34%).
LAWYER LAYOFFS
Local
Regional
In contrast, local firms (5%) have largely avoided layoffs. Just
National
21% overall report that associate salaries have been reduced,
International
with a full one-third of national firms reporting associate
salary reductions. As a result, some associates have ill feelings.
100%
94.9%
“Partners have forgotten that their role is as partners,
not employees — that theirs is the economic risk of
both upturn and downswing,” says an associate at an
80%
65.7%
international firm affected severely by the economic
66%
downturn. “That they have cut associate salaries in lieu of
taking drastic pay cuts themselves is contrary to the format
60%
of a legal partnership. Furthermore, partners seem to
completely lack a realistic understanding of how deeply a
52.5%
47.5%
10% pay cut affects associates.”
In contrast, a regional firm in a mid-size city
40%
34.3%
34%
reports that it is the partners — even the non-equity
partners — not the associates, who feel the downturn most.
“So far associate salaries have not been cut. However, 10%
20%
of income partners’ pay now is being held back [in addition
to the usual 20% budget holdback for equity partners]….
5.1%
The income partners will not receive any of the amounts
held back until the equity partners also do.”
0%
Yes
24 | UVA Lawyer • FAll • 2009
No
deeply a 10% pay cut affects associates.”
“We are trying to move more outside counsel to alternative fees.”
“Firms will likely reduce their hiring of new lawyers.”
On the hiring front, the good news is that a majority
Law associates need not be so concerned, but lower-
of international (84%), national (74%), and regional
ranked schools’ graduates have reason to be concerned
(63%) firms are still hiring new graduates. The difference
that traditional lucrative partnership-track jobs are
is that 74% of them are hiring fewer new graduates than
disappearing.”
in the past. In contrast, although only 26% of local firms
“Firms will likely reduce their hiring of new lawyers,”
are hiring this year, two-thirds report that they will hire
says another. “Some firms will try and keep their mid-level
the same number (in some cases zero) of new lawyers as
associates busy by having them perform work that younger
were hired last year. Of those firms that are hiring, only the
lawyers might have done in the past. This may cause new
international and national firms show a majority deferring
hires to do work that might previously have been done
start dates.
by paralegals. In other cases, firms may have let mid-level
Most respondents in all law firms (61%) believe that
lawyers go, which would have the effect of increasing the
firms will continue to hire new graduates, although many
substantive demands on new hires (while at the same time
believe the current reductions may last for some time. In
removing lawyers that might have previously served as
addition, there is widespread agreement across all sectors
mentors).”
that new hires must expect significantly lower starting
“There will be different tiers of associates in most
firms,” predicts a national firm respondent. “Virginia
HIRING NEW GRADUATES
Local
Regional
National
A respondent from an international firm observes
that “clients are less willing to pay first year lawyers a
salaries and become more productive sooner.
high hourly rate for them to learn. What is more likely to
develop is lower billing rates for first-year lawyers, coupled
ASSOCIATE SALARIES REDUCED
International
Local
Regional
National
International
100%
100%
95.8%
83.8%
82.3%
80%
80%
74.3%
75.1%
73.8%
67.1%
63.1%
60%
60%
40%
40%
36.9%
32.9%
25.7%
26.2%
24.9%
20%
20%
17.7%
16.2%
4.2%
0%
0%
Yes
No
Yes
No
UVA Lawyer • Fall • 2009
| 25
“With the soaring student loan debt,
“The halcyon days, with yearly salary bumps and escalating starting salaries, are history.”
“Some practice areas (and firms) will abandon the first-year market.”
with lower salaries and, one would hope, a less crushing
A CHANGING PARADIGM IN THE BUSINESS OF LAW?
hours requirement.” The respondent praises what could
“be a shift towards a more sustainable model, where a new
More than half of all respondents (53%) believe that
lawyer’s focus for the first year is to learn. It could be viewed
the economic downturn will fundamentally change the
as analogous to medical interns, a real hands-on year of
business of law going forward. In predicting what kind
learning that is paid somewhat.” Another agrees that client
of change that might be, respondents cited the decline of
demands and economic realities mean that “some practice
mega-firms and the rise of smaller firms, greater reliance
areas (and firms) will abandon the first-year market.
on experience and training, and lower billing rates and
Training first-years will become an issue, an issue that law
alternative fee structures. Some also believe that changes in
schools should address (by more practice oriented training
the business of law will filter down to law school curricula,
in the third-year of laws school).”
requiring schools to reduce tuition, provide more practical
training, and/or do away with the traditional three-year
degree program in favor of an intensive two-year, year-
IN-HOUSE COUNSEL: PUBLICLY-HELD
CORPORATIONS HIT HARDEST IN LAWYER LAYOFFS
round version.
An international firm respondent further estimates that
we will see “[fewer] junior lawyers being billed out (they
In the corporate counsel survey, 32% of all respondents
reported lawyer layoffs. Hardest hit were publicly held
will be interns with lower salaries while they train) and less
leverage (clients will want more experienced lawyers).” The
corporations where 46% experienced layoffs. But layoffs
are not the only concern for in-house counsel: 74% of the
respondents reported they were cutting costs by handling
more matters in-house, with 53% saying they were not
allowed to hire more staff if needed. To further cut costs,
close to half of non-profits and three-quarters of private
DEFERRED ASSOCIATE START DATES
Local
Regional
National
International
and publics have negotiated lower billable hour rates with
outside counsel.
100%
97.4%
A majority of corporate counsel respondents (59%)
do not believe the economic downturn will change how
corporations view the role of their legal departments. Those
80%
who do believe it will change think inside counsel will have
greater governance responsibilities, maintain tighter control
69.8%
71%
on legal expenses, and keep more work in-house.
60%
“There obviously is more pressure to cut outside costs
and bring more work in-house, where control is better,” says
50%
50%
one counsel. “[T]hose things don’t easily reverse. But apart
from that, there is also more realization that legal costs can
40%
be better controlled with counsel involved at the outset,
31.1%
29%
rather than being sought ought only to solve problems that
have already occurred. The benefit of in-house assistance is
20%
that it’s already in the budget.”
2.6%
0%
Yes
26 | UVA Lawyer • FAll • 2009
No
something’s gotta give.”
“2009 will go down as a year where you just did the best you could to survive.”
“Perhaps the huge Big Law firms will shrink …”
same individual theorizes that “perhaps the huge Big Law
enable law firms to pay incoming associates $80-100,000
firms will shrink (to reduce overhead costs to compete with
instead of the ridiculous amounts paid now.” In addition,
top boutiques or ‘mid-size’ firms).” Another believes “you
the respondent predicts that “law firms are going to adopt
have two things at work—laid off lawyers are starting small
different programs for different types of lawyers, giving
shops, and larger regional firms are still trying to become
each one a different status. Some will be associates on the
national firms, often through merger: fragmentation and
partner track; others will be contract attorneys that are
consolidation at once. It may be that eventually we end
paid much less. Finally, I think law firms will eventually
up looking more like the accounting profession, with a
shed lock-step for good and go to a pure profitability and
handful of dominant national/international firms and
merit-based formula. I can’t envision things staying as they
then a bunch of small firms with really not much name
are forever.”
recognition, as opposed to 7– 8 ‘AmLaw 100’ firms in each
A regional firm respondent agrees that change is on the
horizon, but believes “any change will be more incremental
middle-market city.”
A respondent in a regional firm is convinced that “with
than fundamental. Large companies continue to hire
the soaring student loan debt, something’s gotta give. I
‘brand name’ large firms (and pay ridiculous hourly rates
think the law schools that start trimming the number of
for inexperienced associates) because decision-makers
required years at school are the ones that will lead us into
view that as a safe path — no one is going to second-guess
a balance. Two years of school and $80,000 of debt makes
your decision to hire Cravath if things don’t work out.”
more sense than three years and $120,000. This would
Nevertheless, the respondent concludes that “the halcyon
days, with yearly salary bumps and escalating starting
salaries, are history.”
And finally, a respondent in a national firm sums it all
up. “A very tough year to be a lawyer. Lots of depressing
IN-HOUSE COUNSEL LAYOFFS
Non-profit
Privately-held
news. I am fortunate that I’ve been really busy this year, but
I know folks who lost their jobs, and the overall atmosphere
Publicly-held
about law firms has been very negative. I am, however,
optimistic about the second half of 2010 and all of 2011.
100%
2009 will go down as a year where you just did the best you
91.5%
could to survive.”
The survey was emailed in July to 10,500 UVA alumni,
80%
yielding almost 1200 responses for an 11.5% response
82.4%
rate. About one-third of the responses came from alumni
in international firms, with the remaining two-thirds
60%
54.5%
split equally among local, regional, and national firms.
Two-thirds of the responses came from alumni in a “large
metropolitan area,” 28% from a “mid-size city,” and 5.5%
45.5%
from a “small town.”
40%
In the corporate counsel survey, 11% of the responses
came from non-profits, 29% from privately-held firms, and
61% from publicly-held corporations. ❚
20%
17.6%
8.5%
0%
Yes
No
UVA Lawyer • Fall • 2009
| 27
Office of Career Services
Responds to Market
By Rob Seal and Cullen Couch
F
ACING ONE OF THE MOST DIFFICULT JOB MARKETS
in recent memory, the Law School hired Kevin Donovan, a former
litigation partner at Morgan, Lewis & Bockius in Philadelphia, to serve as
head of the Office of Career Services.
“Kevin Donovan combines managerial skills with a detailed knowledge
of the law firm world,” said Law School Dean Paul G. Mahoney. “I’m very
pleased that he will be here to help our students during a difficult time in the
market for legal services.”
Donovan, who began his post as senior assistant dean for career services
this month, was a litigator at Morgan Lewis for 18 years and served as the
firm’s pro bono chair from 2003–08. At the firm he was heavily involved in
recruiting and helped run three summer associate programs.
Donovan’s practice focused on complex tort cases, including class actions
and national serial litigation. He also was involved in commercial litigation,
bankruptcy litigation and intellectual property litigation. He clerked for
U.S. District Judge Frank J. Battisti in the Northern District of Ohio after
graduating from the University of Pennsylvania Law School.
Donovan said he was excited to bring his experience in career services to
the University of Virginia.
UVA Lawyer • Fall • 2009
| 29
“
THIS IS A MARKET THAT FAVORS VIRGINIA
at employers of all types and all sizes.
We’re involved in direct outreach to
GRADUATES because many law firms know our
employers to try to get the best sense
of how the market is changing, and
graduates have the basic workplace competencies that
of where jobs are available. We’re
focusing heavily on clerkships and
go beyond good lawyering and make someone a very
public service opportunities and we’re
tracking very carefully the data that’s
successful associate or partner candidate.”
available on what’s happening with
the market and with the availability
of jobs. So we’re trying to get as much
“I had been doing the same type of litigation for pretty
information together as possible so that we can help people
much my whole career, and I had always thought that I
to find the jobs that are out there in the markets and cities in
would like to work in an academic setting,” said Donovan.
which they’re looking.
“I was at a point in my career where I was ready for
something different. So the last two or three years my wife
What can students expect from the Career Services
and I made the decision to start looking and, if the right
Office?
opportunity came along, we were going to seize it. In my
We try to help students on all levels of the job-search
18 years of working at Morgan Lewis, I had only applied for
process and so we will look at their resumes, help them with
one job, and that was this job. This is a great town, a great
cover letters, and help them think through the process of
institution, the community has been incredibly welcoming,
self-assessment, in which they try to think through what
and I couldn’t be more impressed with the students.”
types of jobs would be the most fulfilling for them. We
Donovan recently discussed some of the issues facing
help them assess geographic markets, different law firms,
students, alumni and the legal profession in a challenging
different clerkships, to find the opportunities that fit best
job market.
with their particular backgrounds and credentials.
What are your goals for Career
Services?
My goal is that we would be a
resource to and an advocate for the
students as they go into this very
challenging job market — that we give
them real value in their job searches,
help them to think through the
options that are out there, to selfassess and to think about where they
would be happy and fulfilled in a job.
How is Career Services responding
to challenging economic
conditions?
We are looking more broadly at the
legal services industry. We’re looking
30 | UVA Lawyer • FAll • 2009
How are you preparing students for today’s job market?
Our advice to students right now is to think about
else is an open question. I think that the smart and the
nimble, as in all eras, will benefit during this time as well.
where they would like to be, to think about what legal skills
they enjoy using and what types of jobs would employ
What was your experience with Virginia graduates
those — but then to look more broadly than they might have
during your career in private practice?
in the past. Some students may need to reach out beyond
Excellent. That was why I was interested in this job in the
on-Grounds interviews to firms of different sizes, if they’re
first place — my experience with Virginia alums over the
looking at firms. The clerkship market also is going to be very
years. One, it was the character and caliber of people who
competitive. Along those lines, we have created a new Office
came out of here, but it was also the way they spoke in such
of Judicial Clerkships headed by Ruth Payne ’02. The office
glowing terms about the institution. It reminded me more
will be working with students to focus their search efforts
of how people speak of their undergraduate experience,
and to maximize their likelihood of success. To increase their
which is relatively rare for a graduate school. That really
flexibility, we also have expanded the number of clerkship
intrigued me about the possibility of working here. We
applications that students can make through the Law School.
also saw that Virginia people tended to be those who were
involved in the fabric of the firm, the life of the firm. They
What do you tell alumni who are looking for jobs?
were recruiters, leaders, took on additional roles.
We tell them to stay positive. People who come from this
school are fabulously qualified and they have a great deal to
What feedback did you get from the recent round of
offer employers in the legal services market. The first-rate
on-grounds interviews?
legal education and practical skills development that the Law
The students were exceptional. They showed fortitude;
School provides puts graduates from this school in a uniquely
they worked very hard to get ready. The employers almost to
strong position. So we help alumni find the employers
a person said that this was one of the best prepared groups
who are still hiring and to make the best possible case for
that they had seen. The students spent time researching the
themselves as they market their services to employers.
firms and came into the interview very educated about the
firms and the firm culture.
How will the legal profession be affected by the
changing economy?
The legal profession is changing. Clients in the private
This is a market that favors Virginia graduates because
many law firms know our graduates have the basic workplace
competencies that go beyond good lawyering and make
sector are more reluctant to have matters handled by
someone a very successful associate or partner candidate. So,
attorneys who are junior and don’t have an established
I think when it gets really tough and firms have to cut back,
skill set. So for employers to be able to sell the services of
we’re a school that’s difficult to cut back on. We had a number
junior lawyers, they need people who they can credibly say
of interviewers tell us that they had cut back on other schools
have the type of skills that they need to practice. So there is
but had chosen not to cut back on interviewing at Virginia.
more of an emphasis on developing practical skills as part
Overall, the recruiters seemed guardedly optimistic.
of the process of legal education. Fortunately, Virginia is
We’re not out of the woods, yet, but a number of firms
well ahead of the game with its many clinical programs, its
reported that things are moving in the right direction. It
pro bono program, and its well-established Law & Business
remains to be seen; many firms are maintaining a cautious
Program. All of those things tend to put Virginia graduates
and conservative approach to hiring this year. Certainly the
in the vanguard of the marketplace with a higher level of
big trends I see are a number of firms moving away from
practical skill than many of their peer schools.
lock-step to give them more flexibility in their compensation
People ask, ‘Will these jobs come back?’ I think the
systems and many firms focusing on getting meaningful
answer is: The jobs will come back, but whether they will all
experience for their associates. Virginia is well positioned to
come back with the same firms or end up landing someplace
address that. ❚
UVA Lawyer • Fall • 2009
| 31
Success
in 21st Century Private Practice:
Retooling for an Enterprise Culture
By Martha Ann Sisson ’85, Garrison & Sisson, Inc.
and Amy Leafe McCormack ’89, McCormack Schreiber Legal Search
A
TANGIBLE BUT ELUSIVE era of change
the associate and partner levels. Successful partners began
is emerging in how private sector lawyers
to operate as free agents. If the needs of their practice,
provide services and receive compensation.
their personal economic shares, or their management
The very definition of success — what it
goals were being stymied in their present firms, they could
will look like, how it will be measured, and
enter a hiring environment that rewarded movement and
the feasibility of annually replicating it — are in flux.
This article is written from the perspectives of two former
change. Firms accepted the premise that someone who
had not thrived in one firm could succeed in a different
practicing attorneys who are now legal recruiters. Our goal
environment. And, if things did not work out in the new
is to identify the qualities necessary to achieve success in
firm, profitability really was not affected, and the attorney
21st century private practice. We believe, at a minimum,
would simply move on.
these qualities will include the initiative, innovation, and
responsibility required by an “enterprise culture.”
Until twenty years ago, it was easy to measure success:
The emerging world of private practice since mid-decade
provides a sharp contrast to those days. Law firms now
define success by economic contributions made by members
attend a prestigious law school, get a clerkship that leads
in much the same manner as their commercial clients
to employment at one or two AmLaw 200 firms, and
examine sales figures. In short, “What have you done for me
become a partner or member of a Fortune 500 legal
this quarter?”
department. You used your legal skills to get work from
The current obsession with immediate return has
(and develop relationships with) the firm’s longstanding
crowded out long-term planning. In time, the need for
institutional clients. In the corporate world, the guarantee
immediate returns and investment in the future will
of uninterrupted employment with a stable and growing
balance; individuals and institutions will be more agile,
company fostered avenues of career diversification. This was
able to respond to economic challenges and opportunities
the path for many UVA Law alumni.
in a manner more reflective of successful businesses.
The paradigm changed in the early 1990s when the
onset of vibrant economic growth and greater financial
Achieving and maintaining success in 2010 and beyond
requires a new approach.
transparency in law firm economics caused a major upheaval.
The American Lawyer’s annual publication of the AmLaw
200 and its analysis of profits per partner awoke a sleeping
Creating an “Enterprise Culture”
giant. Grumbles arose from the ranks of law firm attorneys
who wanted to share in the wealth they helped create in
Historically, firm affiliation branded the quality and
emerging growth companies. In-house attorneys questioned
nature of work performed by its lawyers. With increased
whether the trade-off in lower pay for more predictability in
lateral hiring and firm mergers, however, this quality-by-
schedule and job security seemed naïve in the aftermath of
association branding has been diluted, resulting in the
corporate failures, relocations, and industry consolidations.
current client trend of hiring individual lawyers based
In the 1990s and continuing until the last few years, law
on their professional reputations rather than their law
firms and corporate entities grew through lateral hiring at
32 | UVA Lawyer • FAll • 2009
firm affiliations. We believe that specialized expertise
will continue to be in
we have heard many lawyers muse that they would have
demand, but that individual
attended business school if they were not math-phobic.
lawyers must now identify
Achieving success, however, requires overcoming old
and market to clients
fears and perceived deficiencies. Law firms are businesses,
the transferability and
and lawyers must understand that the current economic
relevance of their experience
distress and instability have brought renewed focus on “the
rather than rest on the
numbers.” Weak demand for legal services, overcapacity
accomplishments of their
in head count, unpredictable and often declining rate
firms. This means that
structures, lowered profitability, and personal productivity
attorneys need to approach
measured against cost have all affected the bottom line,
their career development as
and firms are focusing on managing costs as clients request
a special enterprise, an effort nurtured by their law firms but
created and directed by each attorney individually.
Indeed, although experience has always been recycled
lower or outcome-based fee structures.
Businesses routinely face competitive pressures and
disadvantages and react according to normal business
or expanded for new engagements, creating an “enterprise
principles; they dust themselves off, cut where they can, and
culture” within a firm or practice group is one of the most
make do with what they have while positioning themselves
promising ways an attorney can obtain specialized skills,
for what lies ahead. Lawyers and law firms must mimic their
practice diversification, and client exposure. This “enterprise
successful clients’ nimbleness. Those who do will reclaim
culture” describes an environment that encourages and
or expand market share. Clients face these daily pressures
rewards the initiative and commitment that are critical to
themselves, and if you seek the role of valued advisor and
every lawyer’s professional growth and success.
business partner, you need to walk the walk.
To create an enterprise culture, attorneys need to
become more self-reliant by seeking out new skill-building
assignments and client interactions. Such singular focus does
Conclusion
not necessarily eliminate a collaborative or teaching culture,
but requires active initiative in mastering necessary skills and
An in-house practice offers an attorney the opportunity
taking control of one’s own professional development. While
to benefit from the efforts of a larger enterprise. Internal
a firm may try to be all things to all clients, the “enterprise”
counsel understand (more than their highly compensated
lawyer and her team will proactively identify and offer a
outside counsel) that it is a good thing to be viewed by the
skill set tailored to fit each client’s individual needs. We are
company as a business resource capable of adding strategic
unable to predict whether these skills will appeal more to
value, reducing costs, and generating revenue.
mid-market, regional, global, or boutique firms, but the
trend toward customized skills is clear.
Personal and professional accountability to clients and
The same holds true within a law firm. In this current
economic environment, developing an enterprise culture
and the skills that encourage success requires going beyond
one’s professional growth needs to take the place of passive
what is comfortable and safe. Law firms must foster the
acceptance of the law firm’s traditional way of training
elements of entrepreneurship and individual “enterprise
attorneys and bringing them into the client fold. A successful
zones” within a practice. Providing legal advice is merely one
personal enterprise culture will yield happy clients, happy
component of the value attorneys contribute. They cannot
law firms, and satisfying personal professional paths.
remain above the mundane practicalities of price structures
and competitive economic positions and still partner with
clients as strategic advisors. To remain vibrant, law firms and
On Thinking — and Acting — Like the Client
legal departments must understand their clients’ unrelenting
business pressures and respond in kind. Lawyers, firms,
An enterprise culture embraces market principles— one
and corporate counsel who demonstrate flexibility and
assumes responsibility for one’s professional welfare, share
innovation will be the ones considered “successful” in the
of overhead, and contribution to profits. Over the years,
21st century. ❚
UVA Lawyer • Fall • 2009
| 33
34 | UVA Lawyer • FAll • 2009
O. Yale Lewis, Jr.
Renaissance Lawyer
By Randolph W. Urmston ’69
Y
ALE LEWIS ’69, does not remember hearing “Purple Haze”
or “Are you Experienced” before 1993, the year Jimi Hendrix’s father,
a retired gardener with an eighth-grade education, asked Lewis to
help restore the family as rightful owner of Jimi’s music. It turned out to be very complex
litigation, involving many defendants and multiple off-shore corporations throughout the
world, but Lewis succeeded. After two years of intense and often acrimonious litigation, the
defendants conveyed to the Hendrix family all rights, claims, and interests to “any and all
parts of the properties described generally as the Jimi Hendrix Legacy.”
Long before the Hendrix litigation, Lewis had built a
career and a reputation in Seattle as a lawyer who fights
PHOTO BY ANTHONY P. APB/RCS
for the underdog, thirsts for intellectual challenge, shows
dogged determination, and mines a deep streak of idealism.
Now four decades out of Virginia, he has an active and
successful practice applying these formidable talents to
cases that advance the public interest and involve good and
competent colleagues on behalf of worthy clients. “Actually,”
says Lewis, “if you get most of these most of the time you are
highly blessed.”
Lewis came to the Law School with his young family
after graduating with an economics degree cum laude from
Harvard College in 1962. He was also a veteran submariner,
having served as a lieutenant, senior grade in the U.S. Navy
on the U.S.S. Blenny (SS 324). That experience later helped
Lewis earn as a client Tacoma Boatbuilding Company,
whose CEO was a former submarine admiral. In addition to
submarines and social service, Lewis had a strong interest in
railroading — he worked for the Southern Railroad between
his submarine service and Virginia — and urban planning,
which he almost pursued instead of law school.
After his first year at the Law School, Lewis stayed in
Charlottesville to direct Camp Faith, a multi-racial day
Al Hendrix, father of rock-n-roll guitar legend Jimi Hendrix, sits in
a wheelchair while touring the Experience Music Project with his
daughter Janie Hendrix in Seattle in 2000.
camp for inner-city youth. Hundreds of campers from
the area were lured by the swimming lessons at the simple
camp’s muddy pond, peanut butter and jelly sandwiches,
and inspired staff. The camp sat on red clay, much like
36 | UVA Lawyer • FAll • 2009
what Lewis had known growing
up in Alabama playing football,
camping (he was an Eagle Scout), and
working in cotton mills and surveying
cotton acreage allotments for the
U.S. Department of Agriculture.
Decades earlier, Lewis’s grandfather
had almost been run out of Dothan,
where as an elected official he had
successfully resisted the Alabama Power
Company’s efforts to acquire the local
power plant and public utility. Worse for
that time and place, he had represented
a black woman in a contested court
proceeding. For several months Lewis’s
father and uncles (future lawyers) stood
armed watch at night as the Ku Klux
“
Klan tossed burning torches at the Lewis
I WAS CONFIDENT THAT IF I FOLLOWED MY INTERESTS,
home and burned a cross on the family
lawn. Such family lore, enhanced
by To Kill a Mockingbird, Gideon’s
Trumpet, and biographies of Adams
threw my heart and mind into those endeavors, and the
projects I pursued were successful, the monetary reward
and Jefferson — which Lewis read
while deployed on the U.S.S. Blenny
would come in due course.”
— contributed to his difficult decision
to leave the Navy to pursue the law.
In law school, Lewis suffered from severe congenital
Lewis went on to practice with Davis, Wright, Todd,
sleep apnea (later alleviated by major surgery) and was
Riese & Jones in Seattle, learning civil litigation, corporate,
typically unable to prepare for or stay awake in class.
antitrust, banking, labor and newspaper law, as well as
Nevertheless, he often descended into the stacks in Clark
handling divorces and drafting testamentary documents.
Hall, much like he had done on the Blenny at sea, where
But when local Native Americans stormed Fort Lawton
he teamed with another service veteran, classmate Harry
in Seattle to prevent it from being surplused by the U.S.
Jennings, to win the Lile Moot Court Competition. In the
Government to the City of Seattle in the early 1970s, Lewis
final round — which involved conscientious objector status,
represented them pro bono in negotiating a truce with the
an issue in which everyone at Virginia was keenly interested
City that resulted in the construction of an Indian Cultural
in 1969 — Lewis was selected as best oralist.
Center on 20 acres. Lewis was also instrumental in forming
After graduating, Lewis headed west in his 1966
and arranging funding for other groups to provide health
blue Volvo station wagon (still running) to clerk for the
and social services for local urban Indians. Subsequently, his
Honorable Alfred T. Goodwin of the Oregon Supreme Court,
work with Native Americans provided Lewis an opportunity
whom Lewis had met the previous summer camping in
to represent Arctic Slope Eskimos in a series of cases
Oregon. While Lewis was clerking for him, Judge Goodwin
pursuing trespass claims against the State of Alaska and
was appointed to the U.S. District Court and made Lewis his
oil companies in Alaska. One of those cases, Edwardsen v.
first federal law clerk. Lewis chose well, and vice versa.
Morton, is a recognized landmark on the fiduciary duty of
UVA Lawyer • Fall • 2009
| 37
the Secretary of the Interior to protect the unextinguished
General of Alaska were adversaries — resulted in Lewis
“aboriginal title” of Native Americans.
being hired to negotiate the State’s acquisition of the Alaska
Drawing on his interest in urban planning, Lewis also
Railroad from the federal government.
conceptualized a new form of quasi-governmental public
Another major railroad case came to Lewis’s attention
development authority, for which he drafted authorizing
through one of his neighbors, a lawyer for the Milwaukee
and implementing legislation that he lobbied successfully
Railroad, who was concerned about the imminent
through the Washington Legislature and Seattle City
dissolution of the railroad’s western lines. Management and
Council. In the beginning, he initially offered pro bono
the trustee of the bankrupt railroad wanted to liquidate the
service to civic leaders who had successfully waged a
railroad’s western assets. A faction in the west wanted to do
campaign in the early 1970s to prevent the city from
the opposite, and others, principally bondholders, wanted
destroying Seattle’s legendary Pike Place Market to make
to dissolve the entire company. After “a number of long
way for urban renewal. Asked how he thought such service
talks with my neighbor,” Lewis told him he would “see what
could ever pay his bills, Lewis says “I was confident that if I
he could do” to save the western lines. Shortly thereafter,
followed my interests, threw my heart and mind into those
Lewis was sworn in as a special deputy Attorney General
endeavors, and the projects I pursued were successful, the
of Montana with a commission to represent shippers,
monetary reward would come in due course,” and it did.
employees, and governors and state legislatures of states
That same public development authority model was used
along the Milwaukee’s western lines.
to revitalize other Seattle neighborhoods and important
institutions, for which Lewis became the “go to” lawyer.
In late 1974 Davis, Wright decided to create departments
Over the next year, which Lewis describes variously
as a “spectacular quest” and the “impossible dream,” the
interests Lewis represented and Milwaukee labor unions
to which all of the firm would be assigned and from which
obtained a temporary federal court injunction against any
they would get assignments and supervision. At the time,
additional liquidation of the railroad until the Interstate
Lewis was strongly opposed to specializing, which he
Commerce Commission had reviewed the situation. Shortly
felt would unduly restrict his freedom to follow his own
thereafter, at the insistence of Senators Warren Magnuson
professional and social interests. On the other hand, he had
of Washington and Max Baucus of Montana, Congress
a family with three children. After intense soul searching,
required the ICC to consider three plans for the bankrupt
Lewis concluded that he needed more independence than
railroad: (1) The plan of the group Lewis represented to
seemed possible at that firm. He thus decided, “ready or
preserve the west; (2) the trustee’s plan to preserve the east;
not,” to start his own firm and invited two colleagues, Jim
and (3) the bondholders’ liquidation plan. Subsequently,
Wickwire and Chuck Goldmark, to join him. Wickwire,
following around-the-clock efforts that drew in part on
Lewis & Goldmark soon became recognized locally and
Lewis’s experience with the Southern Railroad, the “western”
nationally as a leading law firm.
plan was presented to the ICC along with the revised plans
At Wickwire, Lewis & Goldmark, Lewis continued
of the trustee and bondholders. The trustee’s plan and the
to create and advise public development authorities
bondholders’ plan each received two votes. The western
and pursued a widely-varied civil practice that included
plan got three votes. But, unfortunately, no plan received a
important environmental, employment, and antitrust
majority, so the trustee who stayed in possession diminished
litigation. He also represented Arctic Slope Eskimos in
the west until a western reorganization became impossible.
proceedings to reduce tariffs on the Trans-Alaska Pipeline
In 1986, Lewis formed Hendricks & Lewis with his wife,
to keep well head prices and royalties high for the Natives. “I
Katherine Hendricks. The new firm was recommended to
enjoyed that litigation enormously,” says Lewis. “It combined
the Hendrix family by a number of sources. Classmates Reed
antitrust law, transportation principles, sophisticated expert
Wasson (who had also been a professional musician), Harry
testimony, and an important social component.” That case
Jennings (Lewis’s moot court partner), and the author of
and another Alaska case — in which Lewis and the Attorney
this article also worked on that extraordinarily difficult but
38 | UVA Lawyer • FAll • 2009
AP PHOTO/AL GRILLO
entirely on those issues, and market
itself as an intellectual property firm.
But the very next morning, after
the unequivocal decision to work
exclusively on intellectual property
matters, Lewis received a call from a
city council member who believed that
a public development authority in the
city was being misused to issue taxexempt bonds for a massive private
development in downtown Spokane
that was owned by the city’s “leading”
family, which also owned much of the
rest of the city, including most of its
media. In spite of his decision to become
The Trans-Alaska oil pipeline snakes its way across the tundra near Delta, Alaska bringing oil from
Alaska’s North Slope to Valdez in this 1999 photo.
an IP specialist, Lewis simply could
not resist helping the “rebel” Spokane
City Council resist a mandamus action
ultimately successful case. Wasson subsequently became
by the developer. In the first round of litigation, Lewis’s clients
in-house counsel for the Hendrix family.
lost, but months later he obtained a unanimous reversal on
The success of the Hendrix litigation and Lewis’s
growing reputation led to other music clients, including
a direct appeal to the Washington Supreme Court.
Lewis eventually returned to intellectual property.
Anita Baker; Johnny Mulhair, producer of LeAnn Rimes’s
In addition to his well known music clients, he added
early recordings; the widow and siblings of Buddy Holly;
software developers, patent owners, other song writers
Gene Vincent’s daughter; the widow (Courtney Love) and
and performers, producers, media personalities, and
daughter of Kurt Cobain; and most recently George Clinton
photographers, including the Jonas Salk Trust, glass artist
of Funkadelic and Parliament fame. Ironically, despite
Chihuly, syndicated radio host Delilah, online games
his professional success in this area, Lewis, who is not an
publisher WildTangent, and JACO Environmental.That is
aficionado of popular music and movies, is so indifferent
now his core practice, but if someone were to call about
to entertainment industry vibes and gossip, that Courtney
another public development authority, transportation,
Love took it upon herself to advise Lewis — facetiously —
Native American, antitrust, or environmental issue, or some
about the significance of events such as the Grammys and
other challenge of serious public interest would he resist?
the Oscars, which she said he “really ought to become aware
And would it be good — or bad — for business?
of and know something about.”
In April 2000, after many years of following wherever his
Frankly, it doesn’t matter. Lewis has concluded that
although his renaissance practice is more stressful and time
interests and circumstances led, Lewis reluctantly decided
consuming and, hour-for-hour, less rewarding financially
that it had become necessary to focus the firm’s practice in
than a highly specialized modern practice, it is also more
order to credibly market its expertise. How could anyone
stimulating and affords him the chance to test his mettle,
believe that a firm of only a half dozen lawyers could do
help the community, and advance the profession. As he
everything Lewis had actually done? The firm’s practice in
puts it, “I am rarely, if ever, bored, but probably will never
copyrights, trademarks, publicity rights, and trade secret
be truly secure financially. All in all it makes for a good and
disputes was reliably interesting and growing steadily.
interesting practice that I hope will continue for at least
Consequently, Hendricks & Lewis decided to concentrate
another decade.” ❚
UVA Lawyer • Fall • 2009
| 39
Faculty News & Briefs
Kerry Abrams’s
In June Margo
has been the subject of academic
article “Becom-
Bagley was a
comment and controversy. But
ing a Citizen:
distinguished
even those scholars who have
Marriage,
visiting professor
looked favorably upon Frank’s work
Immigration,
teaching
concede that he failed to articulate a
and Assimila-
American
theory of adjudication or offer any
tion,” was
company law at
affirmative proposal for legal reform.
published by
the University of
Barzun argues, however, that this
Cambridge University Press in a book
Muenster. In July she taught interna-
interpretation of Law and the Modern
edited by Linda McClain and Joanna
tional patent law and policy in the GW
Mind is deeply mistaken and that the
Grossman entitled Gender Equality:
Summer IP Program at the Max Planck
source of the mistake lies in previous
Dimensions of Women’s Equal Citizen-
Institute in Munich. In August she
scholars’ failure to understand
ship. She also helped to organize two
presented “The International Patent
Frank’s philosophical worldview and,
family law conferences during the
System: Issues and Opportunities,” at
therefore, his intellectual motivations.
summer, one for emerging family law
the Second Beijing International
scholars at the University of Colorado,
Chemical and Pharmaceutical
Boulder, and one at Harvard Law
Intellectual Property Forum.
School. Abrams also presented two
Bagley was honored in August
Michal Barzuza’s
paper, “The
papers at the Law & Society annual
to serve as a distinguished visiting
State of State
conference in Denver.
professor at the National University
Antitakeover
of Singapore, where she taught
Law,” was
international patent law and policy.
accepted for
Barbara
publication in
Armacost ’89
Virginia Law
completed an
Charles Barzun
Review in December. Barzuza’s paper,
article entitled
’05 completed
“Lemon Signaling in Cross-listing,”
“Arizona v.
work on a new
was accepted to the Yale/Stanford
Gant: Does it
article, “Jerome
junior faculty forum. She presented
Matter,” which
Frank and the
the paper at Stanford in May.
will appear in
Modern Mind,”
Barzuza participated in the
the upcoming issue of the Supreme
which argues
Harvard’s Proxy Access Roundtable in
Court Review. Also, Armacost has been
that one of the
October, and presented a paper in the
invited to deliver the Kamm Memorial
major works of legal theory in the
symposium, “In Berle’s Footsteps,” at
Lecture on Law and Society at
20th century has been profoundly
Seattle University in November.
Wheaton College in April.
misunderstood by generations of
scholars.
Since its publication in 1930,
Frank’s Law and the Modern Mind
40 | UVA Lawyer • FAll • 2009
Faculty
Briefs
Lillian BeVier
in colleges and universities, an area
Whitfield
delivered the
that has been outside the domain of
Broome is
Ashton Phelps
the Supreme Court’s Commission
serving as chair
Lecture at
but that remains highly charged as a
of the Virginia
Tulane Univer-
result of recent suicides and homicides
Board of
sity Law School
committed by troubled students.
Accountancy for
in November.
The new study will be conducted
2009–2010. This
The title of her
by two task forces (on legal issues
state agency is
lecture was “Freedom, Fairness, and
and services issues) overseen by a
responsible for the regulation of
the F-Word: Reflections on the Yin
steering committee. John Monahan
Certified Public Accountants and CPA
and Yang of the First Amendment.”
will serve on the steering committee.
firms in the Commonwealth of
Bonnie appeared before the General
Virginia. The seven members of the
Assembly’s Joint Commission on
Board are appointed by the governor
Richard Bonnie
Health Care in October to describe
for four-year terms. Broome was
’69 continues
the study, which is projected to be
initially appointed to the Board by
his extensive
completed in the fall of 2010.
Governor Mark Warner in 2003, and
activities as
In May Bonnie addressed senior
subsequently reappointed for a second
chair of the
leadership at the CDC on “Public
four-year term by Governor Tim
Virginia
Health and the First Amendment” in
Kaine. His current term ends on
Supreme Court’s
Atlanta, and presented “Is Model State
June 30, 2011.
Commission on
Legislation Needed for Treatment of
In addition, Broome continues
Mental Health Law Reform, imple-
Drug Offenders?” to a forum held
to serve on the national CPA Board of
menting legislation enacted in 2008
by a special committee of National
Examiners, which is responsible for
and 2009, and preparing a third round
Conference of Commissioners
the Uniform CPA Examination used
of reforms in 2010.
on Uniform State Laws Special
by all states. For 2009-2010, he will
Committee in Washington, D.C.
also serve on the Board’s Executive
Bonnie spoke at conferences
sponsored by the Alzheimer’s
In June Bonnie presented
Committee and chair its State
Association and the Virginia Hospital
“New Uses for Advance Directives”
Board Committee. The State Board
and Healthcare Association on the
to a Conference on Alzheimer’s
Committee includes representatives
Commission’s overhaul of the Health
Disease and Related Disorders at the
from boards of accountancy across the
Care Decisions Act that went into
University of Virginia Institute on
United States. It serves as a means of
effect in July. He also spoke on the
Aging in Charlottesville. And in July
communicating with state boards and
challenges of mental health law
he presented “Evaluating Reform
specifically of receiving feedback on
reform at the annual conference of
of the DC Public Schools,” to the
the Uniform CPA Examination from
the National Association of State
National Academy of Sciences in
state boards.
Mental Health Program Directors in
Washington, D.C.
September in Virginia Beach.
In October Bonnie presented a
paper entitled “Indiana v. Edwards and
In April Jon
on the Virginia experience article in
the Limits of Autonomy in Criminal
Cannon and
Health Affairs, a major health policy
Defense,” at the annual meeting of
Michael Bucey
journal, entitled “Mental Health
American Academy of Psychiatry and
produced a
System Transformation After the
Law in Baltimore.
white paper for
Bonnie published an overview
Virginia Tech Tragedy.”
Meanwhile, the Virginia General
Assembly has asked Bonnie to chair
a new study on mental health issues
the Miller
Center, “America’s Energy
Future: Balancing Renewable Power
UVA Lawyer • Fall • 2009
| 41
Faculty
Briefs
and Carbon Fuel.” The paper was
George Cohen
Research on False Convictions and
background for a debate on U.S.
completed
Exonerations.”
energy policy that was aired on PBS.
articles to be
Also in April, Cannon spoke to the
included as
University of Toronto’s lecture series,
Society of Fellows of the University of
chapters in two
“Current Controversies in Forensic
Virginia, on emerging national policy
different books.
Science & Medicine,” hosted by
on climate change.
The first is
their Centre for Forensic Science &
“Interpretation
Medicine. He presented research on
Over the summer Cannon
In October Garrett spoke at the
wrote an article on the Supreme
and Implied Terms in Contract Law,”
forensic science testimony in wrongful
Court’s decision in Entergy Corp. v.
which is an updated version of a
conviction cases, as well as discussed
Riverkeeper, Inc., which addresses
previously published article in the
current issues regarding forensic
use of cost-benefit analysis in EPA
Encyclopedia of Law and Economics,
science reform.
decisions. The article has been
the second edition of which will be
accepted for publication in the
published in 2010. The second article,
“Misjudging Innocence,” about
Harvard Environmental Law Review.
“How Fault Shapes Contract Law,”
the criminal investigations, trials,
Cannon serves on the National
will be included in a book on fault
appeals, and post-conviction litigation
Academy of Science’s Committee on
and contract law (title TBA), also to
of people exonerated by post-
America’s Climate Choices, which
be published in 2010, and edited by
conviction DNA testing, for which
has been tasked by Congress to
Ariel Porat and Omri Ben-Shahar.
he recently received a contract from
“investigate and study the serious
Cohen also expects to finish this fall
Harvard University Press. As part of
and sweeping issues relating to
work on the fifth edition of the Law
that project, Garrett is working on
global climate change and make
and Ethics of Lawyering, a casebook
analyzing data concerning eyewitness
recommendations regarding what
co-authored with Geoffrey C. Hazard,
identifications in cases of exonerees.
steps must be taken and what
Jr., Susan P. Koniak, Roger C.
He presented that data in a talk at the
strategies must be adopted in response
Cramton, and W. Bradley Wendel.
American Society of Criminology
to global climate change, including
The casebook will also be published
meeting in November.
the science and technology challenges
in 2010.
Garrett is working on a book,
thereof.” The committee’s final report
will issue in 2010.
Two articles from
In September Cannon presented
Brandon
George Geis are
a critique of Regulation by Litigation
Garrett’s work
forthcoming
by Andrew Morriss, Bruce Yandle,
was cited in the
this year: “An
and Andrew Dorchak at a roundtable
Supreme Court’s
Empirical
at Case Western Reserve University
opinion in
Examination of
School of Law. Cannon also serves on
Melendez-Diaz
Business
the board of advisors for the Institute
v. Massachusetts
for Policy Integrity at NYU Law
and in the
Outsourcing
Transactions” in the Virginia Law
School and participated as a panelist
majority opinion and a dissenting
Review and “Internal Poison Pills,” in
at a workshop there in November on
opinion in Osborne v. District Attorney’s
the New York University Law Review
cost-benefit analysis in regulation.
Office of the Third Judicial District.
(offering a novel type of security for
Garrett spoke about the Osborne case
governing the tensions between
at a summer workshop at the Law
majority and minority shareholders).
School.
In May Garrett participated in
a panel at the annual Law & Society
Conference in Denver titled “New
42 | UVA Lawyer • FAll • 2009
Faculty
Briefs
Risa Goluboff
Afghanistan with Post-Traumatic
published an
Stress Disorder,” (with Nicole A.
lecture at the Center. His subject was
essay called
Stockey), in the Indiana Law Journal
“Founding Principles: The French
“Dispatch from
(forthcoming December).
Connection.” In his lecture, Howard
the Supreme
In addition, this summer, as
In July Howard gave his inaugural
considered the early American state
Court Archives:
editor of Developments in Mental
constitutions, French interest in
Vagrancy,
Health Law, Hafemeister published
American developments, the activities
Abortion, and
Volume 28, Number 1, which
of Benjamin Franklin and Thomas
What the Links Between Them Reveal
contained an article by Benjamin
Jefferson in Paris, the drafting of
About the History of Fundamental
Holley ’09, “It’s All in Your Head:
the Declaration of Rights of Man
Rights” in the Stanford Law Review,
Neurotechnological Lie Detection and
and the Citizen and of France’s
and gave a workshop at Harvard Law
the Fourth and Fifth Amendments,”
first Constitution, and enduring
School on the same essay. She made a
and an article by Amanda Muller ’10,
themes of French and American
presentation at a Yale Law School
“‘And His Roommate Told
constitutionalism.
conference called “The Constitution in
Me…’; Should Forensic Mental
2020,” on a panel on social rights. She
Health Evaluators Be Barred from
Conference, Howard organized
also made a presentation at a sympo-
Recounting Third-Party Statements
and moderated a panel reviewing
sium on the NAACP at the Carter
When Explaining the Basis of Their
principal decisions of the United
Woodson center at UVA.
Opinions?,” and 30 pages of case
States Supreme Court’s 2008–09 term.
notes that he authored. Holley with
His panelists included two prominent
his partner, Lee Pfeifer ’09, won the
journalists, Jan Crawford Greenburg
Thomas
William Minor Lile Moot Court
of ABC News, and Linda Greenhouse,
Hafemeister
Competition this spring.
At the Fourth Circuit Judicial
formerly of the New York Times
had three
and now a senior fellow at Yale Law
articles pub-
School. The other panelists were John
lished this
A. E. Dick
McGinnis, of Northwestern University
summer;
Howard ’61 has
School of Law, and Ted Olson, a
“Beware Those
been appointed
frequent litigator before the Supreme
Bearing Gifts:
by the National
Court.
The Virginia Bar Association
Physicians’ Fiduciary Duty to Avoid
Constitution
Pharmaceutical Marketing,” (with
Center and the
invited Howard to speak on “The
Sarah Payne Bryan) in the University
University of
Struggle for the Supreme Court” at
of Kansas Law Review; “The Fiduciary
Pennsylvania
a special meeting at the Old Capitol
Obligation of Physicians to ‘Just Say
School of Law as their visiting scholar
Building in Williamsburg. He reviewed
No’ if an ‘Informed’ Patient Demands
for 2009-10. The joint appointment
the efforts of successive Republican
Services that Are Not Medically
does not entail the scholar’s being in
presidents to undo the legacy of the
Indicated,”(with Richard M. Gul-
residence; instead, the scholar gives
Warren Court and to move the Court
brandsen, Jr.), in the Seton Hall Law
several lectures or programs during
in a more conservative direction.
Review; and “Lean on Me: A Physi-
the course of the academic year.
cian’s Fiduciary Duty to Disclose an
Previous scholars have included Akhil
Muslim Women Lawyers for Human
Emergent Medical Risk to the Patient,”
Amar, Lillian BeVier, Ted Olson,
Rights, convened its annual Law
(with Selina Spinos) in the Washington
Kathleen Sullivan, and Lawrence Tribe.
and Leadership Summer Program.
University Law Review. A fourth has
The theme for the next year is global
Howard organized a workshop
been accepted for publication, “Last
constitutionalism, a focus that builds
on the distinctive features, in a
Stand? The Criminal Responsibility of
on Howard’s work with constitution-
comparative setting, of American
War Veterans Returning from Iraq and
makers in other countries.
constitutionalism. In Charlottesville,
In Washington, Karamah:
UVA Lawyer • Fall • 2009
| 43
Faculty
Briefs
Howard was a faculty member at
American Commission on Human
insight into the institutional forces
the National Security Law Institute,
Rights. Professor Hurwitz presented
that determine how doctrine is
sponsored by the Center for
some of the conclusions from the
implemented, and an appreciation of
National Security Law. He spoke
report at a conference hosted by the
the public impact of doctrinal and
on the prospects for constitutional
University of Los Andes in Bogota.
institutional choices, including the
democracy in other parts of the world.
The Law School Human Rights
consequences for fundamental values
Program has received a grant from
such as fairness, participation, and
the editors of the Virginia Law Review
the Office of the Vice Provost for
transparency.”
invited Howard to speak at their
International Programs to bring
annual luncheon for faculty. Reflecting
Rashida Manjoo, the U.N. Special
on his days as a law clerk to Supreme
Rapporteur on violence against
Court Justice Hugo L. Black, Howard
women, its causes and consequences,
“Standing for the Public: A Lost
recounted significant ways in which
to UVA for one month, January -
History” at NYU’s Constitutional
the Court has changed from the days
February 2010. Manjoo will be a
Theory Colloquium.
of the Warren Court to the present
distinguished international fellow and
time. He emphasized changes in the
a visiting professor. The purpose of
Justices’ background and experience,
the UVA Distinguished International
In June Tom
in the process of nomination and
Fellows Program is to broaden and
Massaro
confirmation, in way the Justices
deepen the relationships between
became
conduct their business, and in the
UVA faculty and colleagues outside
founding Dean
selection and role of the law clerks.
of the U.S.; increase opportunities
of the medical
for research collaborations; provide
school at the
opportunities to exchange ideas about
University of
effective teaching; expose students
Botswana. It is
As the fall semester got underway,
In August Magill became the Law
School’s Academic Associate Dean.
In October she presented
to the expertise of the International
the first medical school in the country
fellows through classroom lectures,
and the newest one in Africa.
seminars, and individual meetings;
and to expose members of the larger
Deena Hurwitz at University of Los Andes in
Bogota, Columbia.
University community and residents
In October Dan
of Central Virginia to the interests and
Meador
scholarship of the fellow.
participated in a
panel discussion
on the election
In September Deena Hurwitz was in
This summer
of state court
Colombia to participate in the launch
Liz Magill ’95
judges at the
of the Spanish version of a report on
received from
the “Right to Education of Afro-de-
the American
of the American Academy of Appellate
scendant and Indigenous
Constitution
Lawyers in Philadelphia.
Communities in the Americas.” (Full
Society’s
text online.) The International Human
Richard D.
Court at the George Washington
Rights Law Clinic wrote the report in
Cudahy Writing
University Law School in November,
annual meeting
At a conference on the Supreme
2008, in collaboration with the Robert
Competition an award for her paper
Meador participated in a panel
F. Kennedy Memorial Center for
“Standing for the Public: A Lost
discussion on a proposal to regularize
Justice and Human Rights, and the
History.” The competition seeks to
Supreme Court appointments by
Cornell Law School International
identify legal scholarship that shows “a
providing for the appointment of one
Human Rights Clinic, for the Inter-
keen grasp of legal doctrine, deep
new justice every two years.
44 | UVA Lawyer • FAll • 2009
Faculty
Briefs
Greg Mitchell
discrimination researchers and
related subjects requiring a detailed
published “The
scholars from Harvard, Howard
understanding of national security law.
Limits of Social
University, MIT, the University
COLP also conducted the 14th
Framework
of Minnesota, Princeton, and the
annual Rhodes Academy of Oceans
Evidence” in
University of California, Berkeley.
Law and Policy in Rhodes, Greece in
Law, Probability
This summer Mitchell
June and July. The Rhodes Academy is
& Risk (with
participated on a panel discussing
an international collegial institution
John Monahan
current psychological research
dedicated to fostering a better
and Larry Walker), and “The Relation
on witness memory and its legal
understanding of the modern law of
Between Consistency and Accuracy
relevance at the 31st Congress of the
the sea and to promote adherence to
of Witness Testimony” (with Ronald
International Academy of Law and
the rule of law in the world’s oceans.
Fisher and Neil Brewer),in the
Mental Health. Also this summer,
In June Moore presented the
Handbook of Psychology and
Tetlock and Mitchell were awarded
paper “Toward More Effective Counter
Investigative Interviewing: Current
a two-year, $250,000 grant from the
Piracy Policy” at the Maritime Piracy/
Developments and Future Directions,
Searle Freedom Trust to study the
Counter Piracy Workshop at Booz
from Wiley Press.
relationship between implicit bias and
Allen Hamilton. A published version is
discriminatory behavior.
in the works.
David Klein (UVA Politics
In July Moore spoke at the
Department) and Mitchell completed
National Governors Association
editing of the book, The Psychology
of Judicial Decision Making, which
In May John
annual meeting in Biloxi, Miss. He
was published this fall by Oxford
Norton Moore,
addressed the Natural Resources
University Press. Mitchell contributed
director of the
Committee session: Barriers to
two chapters to the book: one titled
Center for
American Energy Security and
“Evaluating Judges” and one with
Oceans Law and
Independence.
Philip Tetlock titled “Cognitive Style
Policy (COLP),
and Judging.” Mitchell and Tetlock
sponsored the
also published a lead article, “Implicit
33rd COLP
Tom Nachbar
Bias and Accountability Systems: What
Conference, “Changes in the Arctic
spent time this
Must Organizations Do to Prevent
Environment and the Law of the Sea”
summer (as a
Discrimination?,” and two replies to
in Seward, Alaska. Moore delivered a
U.S. Army
responses to the article, “A Renewed
paper on the opening panel entitled
Reservist)
Appeal for Adversarial Collaboration”
“Conference Negotiation on Ice-Cov-
working on the
and “Adversarial Collaboration
ered Area Articles.” His paper, along
Detention Policy
Aborted But Our Offer Still Stands,”
with all others delivered at the
in the book series, Research in
conference, will be published late in
Washington, looking at policy
Organizational Behavior.
2009 in the conference proceedings
solutions for how to deal with
volume, Changes in the Arctic Environ-
detainees in the future. A new edition
ment and the Law of the Sea.
of the book he edits for the Army, the
In the spring semester, Mitchell
helped organize the Olin Conference
on “Combating Workplace
Also in May and June, COLP
Discrimination,” and he also served
held its 17th National Security Law
as a moderator and presenter at
Institute. The institute provides
the conference. Other University of
advanced training for professors of
Virginia faculty from the Law School
law and political science who teach or
and the economics, psychology, and
are preparing to teach graduate-level
sociology departments participated
courses in national security law or
Task Force in
Rule of Law Handbook, came out in
October.
in the conference, as well as leading
UVA Lawyer • Fall • 2009
| 45
Faculty
Briefs
This fall the
up comedians, published last year in
public university board members
Carolina
the Virginia Law Review.
and presidents), while advising the
Academic Press
In October Oliar presented two
University System of Maryland on
published
papers, “Secondary Fair Use,” and
film exhibition policies, and presented
Jeffrey
“Naked and Gross: Restrictions on
a virtual seminar on campus speech
O’Connell’s
Alienation in Trademark Law” (with
issues for the National Association
book, Political
Rich Hynes) at the Works in Progress
of College & University Attorneys
and Legal
in IP conference in Seton Hall Law
(NACUA). He has also continued
School, N.J.
to work with the Association of
Adventurers: From Marx to Moynihan,
co-authored with his brother Thomas
Oliar’s article, “Conventional
Governing Boards (revising their
E. O’Connell. The book is a collection
IP: A New Reading,” is forthcoming
basic document for new trustees,
of biographical essays on lawyers and
(2009) in UCLA Law Review. It
“Effective Governing Boards),” serving
others whose careers intertwined with
sheds light on puzzling occurrences
on an advisory council on conflict of
law, public policy, and politics,
in the Constitutional Convention
interest, and the board of consulting
including Adlai Stevenson, Felix
surrounding the framing of the IP
editors of Trusteeship, the AGB
Frankfurter, Tommy Corcoran, Pat
Clause, and on the framers’ intent and
magazine).
Moynihan, Bayard Rustin and others.
the clause’s original understanding.
In the spring O’Neil spoke at
In early 2010 the Columbia
the annual meetings of the American
Business Law Review will publish an
Library Association (Chicago), AGB
article by O’Connell and Patricia
Robert O’Neil
(San Diego), and NACUA (Toronto).
Born on the similar cost and other
spent the spring
He is continuing to direct the Ford
advantages of an early offers reform
semester as a
Foundation’s Difficult Dialogues
proposal for product liability claims as
visiting professor
Initiative, which is entering its final
compared to general liability claims.
at the University
year. Also this fall, he has an article
of Texas School
commissioned by NACUA for the 50th
of Law in
anniversary symposium issue of the
Austin, teaching
Association’s scholarly publication,
Oliar presented
a course, Con Law: Church and State.
Journal of College & University Law.
“Secondary Fair
During that time he lectured
In August Dotan
Use” at the IP
at the University of Missouri-
Scholars
Columbia (annual Friends of the
Dan Ortiz is
Conference at
Library Dinner), Rice University,
working on a
Cardozo Law
Trinity University/San Antonio, the
journal piece
School, N.Y. The
University of Arkansas-Little Rock, the
called “Nice
project studies the liability that should
Valencia Community College Annual
Legal Studies,”
be imposed on technology companies
Program for Community College
which he hopes
for copyright infringement related to
administrators and lawyers, and co-
to have pub-
their products.
presented the William Cotter Debate
lished next
In September Oliar published
“From Corn to Norms: How IP
at Colby College in Maine.
In February O’Neil received the
spring; and with Liz Magill on a book
chapter called “Comparative Positive
Entitlements Affect What Stand UP
first William Kaplin Award, presented
Political Theory and Institutional
Comedians Create” (with Chris
by Stetson University at its annual
Design.”
Sprigman) in Virginia Law Review
higher education law conference.
In Brief. This essay replies to four law
He also conducted workshops and
Clinic, directed by Ortiz, has had
professors who published responses to
programs for several governing boards
several cases going on this past
our article on IP norms among stand-
(Butler University, all West Virginia
summer, which Ortiz and others have
46 | UVA Lawyer • FAll • 2009
The Supreme Court Litigation
Faculty
Briefs
been working on together. First, there’s
Mildred
Legal Perspective on Teacher Compen-
Bloate v. United States, which concerns
Robinson
sation Reform,” in Performance
whether time spent preparing
published
Incentives: Their Growing Impact on
pre-trial motions is automatically
“Transfer Tax
American K–12 Education (forthcom-
excludable under the Speedy Trial
Reform after
ing, Brookings Institution Press 2009).
Act. It was argued on October 6 by
EGTRRA-2001:
Ryan also taught constitutional
Mark Stancil. The clinic also worked
Reconstruction
law to a group of foreign students in
on two cert petitions. One, in Rollins
or Further
Columbia Law School’s “Summer in
v. United States, concerns whether a
Deconstruction,” in the Virginia Tax
Amsterdam” program, and in January
federal court can impose a sentence
Review.
will begin a four-month fellowship
consecutive to a not-yet-imposed state
Robinson also made a number
at the University of Auckland Law
sentence. The other, Mincey v. United
of appearances in conjunction
School in New Zealand. Ryan stepped
States, concerns whether a person who
with Law Touched Our Hearts: A
down as the Law School’s Academic
has the renter’s, but not the rental
Generation Remembers Brown v.
Associate Dean at the end of August.
company’s, permission to drive a car
Board of Education, (with Richard
can have a reasonable expectation of
Bonnie; Vanderbilt Press, 2009). She
privacy in it. The clinic has also been
moderated a penal discussion in
George
working hard to identify and line up
Williamsburg at the William & Mary
Rutherglen has
new cases to pursue.
Law School featuring four of the five
new editions of
contributors from the William &
two books
Mary Law faculty; presented during
coming out:
In September
the Virginia Festival of the Book
Employment
Mimi Riley
in March (with Richard Bonnie);
Discrimination
presented two
presented at the Robert Russa Moton
Law: Visions of
talks at “Bio2Biz
Museum in Farmville, Va., in May;
Equality in Theory and Doctrine (a
South Africa,”
and participated as a panelist during
third edition), and Major Issues in the
South Africa’s
Larry Sabato’s “Massive Resistance”
Federal Law of Employment Discrimi-
annual national
conference in July in Richmond.
nation (a fifth edition). He also has a
book under contract with Oxford
biotechnology
University Press on Slavery, Freedom,
meeting. The first is “Challenges and
Solutions in Commercializing
In the summer
and Civil Rights. Also, over the
Genetically Engineered Animals and
Jim Ryan ’92
summer, his article, “Textual Corrup-
their Products,” and the second,
published an
tion in the Civil Rights Cases,” came
“Regulating Cloned and Genetically
article and book
out in the Journal of the Supreme Court
Engineered Animals: Opportunities,
chapter: “The
Historical Society.
Perils and Pitfalls.” The following week
Big Picture: Five
Riley spoke at the Virginia IRB
Legal Issues
Consortium in Charlottesville on
That Have
“The Genome Information Nondis-
Changed the Face of Public Schooling
crimination Act (GINA) of 2008”
in the United States” in Phi Delta
and “Regulatory Aspects of Genetic
Kappan; and “The Real Lessons of
Research.”
School Desegregation,” in From
Schoolhouse to Courthouse: The
Judiciary’s Role in American Education
(Brookings Institution Press 2009).
Ryan has another chapter, entitled “A
UVA Lawyer • Fall • 2009
| 47
Faculty
Briefs
Fred Schauer
published as an article in the UCLA
Economy: Local Economic and
continues to
Law Review. He also delivered the
Immigration Policy” held at the UC
serve on the
annual Sibley Lecture at the University
Hastings College of Law. In June he
board of
of Georgia School of Law, with the
presented “Rethinking the Theory
governors of the
title “When and How (If At All) Does
and Practice of Local Economic
James T. &
Law Constrain Official Action?” The
Development” at a conference entitled
Catherine D.
lecture will be published as an article
“Reassessing the State and Local
Macarthur Law
in the Georgia Law Review.
Government Toolkit” held at the
and Neuroscience Project, and
In November Schauer was a
Chicago Law School. The paper will be
presented “Can Bad Science Be Good
featured speaker at a university-wide
published in the Chicago Law Review
Evidence?: Neuroscience-Based Lie
conference on racial profiling at
next year. He also published “The
Detection and the Mistaken Confla-
Washington University in St. Louis.
Progressive City”, an essay for “Why
tion of Legal and Scientific Norms” as
He also spoke at the University of
the Local Still Matters: Federalism,
his inaugural lecture for the Law
Michigan Law School’s Legal Theory
Localism, and Public Interest
School’s David and Mary Harrison
Workshop on “Llewellyn on Rules”
Advocacy,” in Papers from the Eleventh
Schauer has also published
Annual Liman Public Interest Program
at the Duck Conference on Social
“Paltering,” with Richard Zeckhauser,
Colloquium (2009), a conference at the
Cognition in June; at the Mino-Foro
in Deception: From Ancient Empires to
Yale Law School.
on Proof and Truth in the Law at the
Internet Dating (Stanford University
Institute for Philosophical Research,
Press, 2009); and “Institutions and the
UNAM, Mexico City, in September; at
Concept of Law: A Reply to Ronald
Gil Siegal S.J.D.
the University of Virginia Department
Dworkin,” in Law as Institutional
’09 (with Moti
of Psychology in October; and at the
Normative Order (Ashgate Publishing,
Mark) has
State University of New York at
2009).
published
Distinguished Professorship in April;
Buffalo in November.
“Mental Health
In May Schauer lectured on
Rights in
jurisprudence at the University of
Richard
Palermo and the University of Genoa
Schragger has
in Italy.
returned to UVA
sional Analysis” in the Journal of
after a year in
Health Law and Bioethics. Siegal is a
“The Trouble with Cases” with
New York City,
member of the Israeli Statutory
Richard Zeckhauser for a National
first as a visiting
National Committee on Brain Death
Bureau of Economic Research
professor at
and Organ Transplantation; the
NYU in fall 2008
European Society of Cardiology
In September Schauer wrote
conference, Regulation by Litigation,
Israel — A
Multi-dimen-
with the paper to be published in
and then as the Samuel Rubin Visiting
Special Task Force; and the Ethics
the conference proceedings by the
Professor at Columbia in spring 2009.
Committee of the Medical University
University of Chicago Press. He also
Schragger’s article, “Mobile
of Graz, Austria. He is also on the
spoke on “Guidance and the Supreme
Capital, Local Economic Regulation,
international advisory board of the
Court Docket” at a Yale Law School
and the Democratic City,” will be
Austrian Biobank Project (GATiB II
conference on the Supreme Court
published in the Harvard Law Review
Project).
docket.
in December. He presented the
In October Schauer delivered the
annual Melville Nimmer Memorial
Lecture at the UCLA School of Law
Siegal has received a research
paper at faculty workshops at NYU,
grant from the Israeli National
Columbia, and Cardozo.
Institute for Health policy for “A
In October of 2008 he gave the
Multi-disciplinary Approach to
with the title “Facts and the First
keynote address at a conference,
Quality Control of Child Abuse
Amendment.” The lecture will be
“Cities and Counties in the Global
Identification in Emergency Care.”
48 | UVA Lawyer • FAll • 2009
Faculty
Briefs
For the past decade,
Barbara
Paul Stephan
Spellman has
’77 coauthored a
Vaidhyanathan has been one of the
been serving
new casebook,
leading academic advocates for a more
this year on the
Doing Business
balanced copyright policy. He is the
National
in Emerging
author of two books, Copyrights and
Academies
Markets, with
Copywrongs: The Rise of Intellectual
Committee on
Richard Dean
Property and How it Threatens
Behavioral and
and published
Creativity, (New York University
Social Science Research to Improve
by Foundation Press in October. In
Press, 2001), and The Anarchist in
Intelligence Analysis for National
October, Stephan appeared at a
the Library: How the Clash Between
Security, and she was appointed
conference at Columbia Law School
Freedom and Control is Hacking the
associate editor of Thinking &
on investment law and social justice,
Real World and Crashing the System
Reasoning, and co-editor of a special
and made a presentation at Harvard
(Basic Books, 2004), with a third
issue of Psychonomic Bulletin &
Law School on accessory liability
scheduled for next year. He also
Review on “Psychology and Law:
under the Alien Tort Statute. In
has written numerous articles and
Emerging Trends in Empirical
December he will present a paper at a
appeared on TV making the case for
Research.” Spellman will have a paper
conference at Santa Clara Law School
access to information.
in that special issue (with Elizabeth R.
on “The Supreme Court and Treaty
Tenney) entitled “Credibility In and
Interpretation, 1945-2000,” which will
Out of Court.”
be published as part of a book on the
In May Ted
history of the Supreme Court’s
White chaired a
engagement with international law.
panel at the
Spellman also published (with
Elizabeth R. Tenney and Hayley M.
D. Cleary) “Unpacking the Doubt
Woodrow
in ‘Beyond a Reasonable Doubt:’
Wilson Center
Plausible Alternative Stories Increase
In October, Siva
for International
Not Guilty Verdicts,” in Basic and
Vaidhyanathan
Scholars’
Applied Social Psychology. That article
received an IP3
conference on
(which originally appeared in a
Award from
Alexander Vassiliev’s Notebooks and
psychology journal) was revised
Public Knowl-
their implications for Cold War
for legal application and published
edge, a public
History. A two-part essay originating
with response and replies as: “This
interest
in that conference, “Alexander
Other Dude Did It!” A Test of the
advocacy and
Vassiliev and Alger Hiss,” appeared in
Alternative Explanation Defense,” in
education organization that seeks to
the summer and autumn issues of
The Jury Expert.
promote a balanced approach to
volume 12 of the Green Bag 2d.
Spellman also spoke in September
intellectual property law and technol-
In October White attended a
at the Northwestern University
ogy policy that reflects the “cultural
conference on the history of judicial
Law School “Law and Psychology
bargain” intended by the framers of
review at George Washington Law
Colloquium on (Re-)Considering
the constitution. Awards are given to
School and presented a paper,
Credibility,” and in November at the
individuals who over the past year (or
“Looking for the Law of the Land,”
University of Buffalo Baldy Center for
over the course of their careers) have
which will subsequently be published
Law and Social Policy on the same topic.
advanced the public interest in one of
in a symposium in the George
the three areas of intellectual property,
Washington Law Review.
information policy, and internet
protocol. Vaidhyanathan was recognized for his work in intellectual
property.
UVA Lawyer • Fall • 2009
| 49
Faculty
Briefs
In January
and government representatives who
would reverse a policy decision made
George Yin
have ties to the Law School and are
exactly 100 years ago); “Reforming the
presented his
interested in tax policy issues. The
Taxation of Foreign Direct Investment
paper, “Tempo-
program focused on ways to finance
by U.S. Taxpayers,” National Tax
rary-Effect
the economic recovery effort and many
Association., Proceedings of 100th
Legislation,
preexisting government obligations,
Annual Conference on Taxation;
Political
with specific panels on energy and
“The Story of Crane: How a Widow’s
Accountability,
environmental taxes, the corporate tax,
Misfortune Led to Tax Shelters”
and the value-added tax.
in Tax Stories (Paul L. Caron, ed.,
and Fiscal Restraint,” to a tax conference held in Los Angeles, “Tax Policy
In June Yin participated in a
Foundation Press, 2d ed. 2009); and
in the Obama Era,” jointly sponsored
five-day workshop on international
“Lawyer, Teacher, Public Servant” in
by the UCLA School of Law and the
taxation, Berkeley, Calif., jointly
John Gamino, Robb A. Longman &
Urban Institute-Brookings Tax Policy
sponsored by the Robert D. Burch
Matthew R. Sontag, eds., Careers in Tax
Center. The paper, published in April
Center for Tax Policy and Public
Law: Perspectives on the Tax Profession
in the New York University Law
Finance and the Oxford University
and What It Holds for You (Amer. Bar
Review, explains why legislation with a
Centre for Business Taxation.
Assn. Section of Taxation 2009). ❚
specific expiration date promotes
accountability and budget restraint.
In March Yin testified before the
In July the first edition of Yin’s
casebook, Partnership Taxation
(Aspen 2009), co-authored with
U.S. Senate Finance Committee at a
Karen C. Burke, was published. Yin
hearing on whether the expiring Bush
is continuing work on a companion
tax cuts for middle-income taxpayers
text, Corporate Taxation, also to be
should be extended. He argued that
published by Aspen.
because of the country’s dire fiscal
In November Yin will participate
situation, all of the tax cuts, including
in the 62nd Annual Federal Tax
those applicable to middle-income
Conference sponsored by the University
taxpayers, should be allowed to lapse
of Chicago Law School. He will
as soon as the country achieves a
comment on a paper concerning the
target level of economic growth. The
taxation of publicly traded partnerships.
testimony was published in “Bush
In December Yin will deliver
Income Tax Cuts Should Not Be
the luncheon talk at the 57th Annual
Extended,” 123 Tax Notes 117 (2009).
Taxation Conference sponsored by
Yin also participated in a conference
the University of Texas School of Law.
on “The Federal Budget and Tax Policy
His topic will be “Tax Legislation
for a Sound Fiscal Future,” sponsored
(including Tax Reform?) in 2010 and
by the Washington University Law
Beyond.”
Center for Interdisciplinary Studies
Other publications during 2009
in St. Louis. He presented his paper
included “Corporate Tax Reform,
on temporary-effect legislation and
Finally, After 100 Years” (forthcoming
fiscal restraint and also commented on
Tax Notes), a short essay, which will
a paper concerning tax expenditures
be included in a compilation of tax
and the federal budget.
reform proposals for the Volcker Tax
In April Yin organized the annual
Reform Panel, that argues in order
meeting, held at the Law School,
to prevent a major tax shelter, only
of the Virginia Tax Study Group, a
public firms should be subject to the
group of practitioners, academics,
corporate tax (if adopted, the proposal
50 | UVA Lawyer • FAll • 2009
Scholar’s Corner
R
ICH SCHRAGGER is one of the nation’s leading
power affects the distribution of power between private capital
young scholars of local government law whose work
and government.
expands considerably the traditional boundaries of
In the following excerpt, Schragger considers the
that field. Schragger looks at issues that are conventionally
appropriate scale for economic regulation. Despite the
analyzed as problems of state-federal relations, such as
conventional wisdom that sub-national governments cannot
economic regulation or same-sex marriage, and shows that the
effectively control or redistribute capital, Schragger observes
relevant policy actors are often mayors and other local officials.
that cities have increasingly sought to do both. This new
He uses that observation to illuminate federal constitutional
“regulatory localism” is noteworthy because it challenges the
law and federalism — but federalism considered as a three-tier
proposition that industrial policy, redistribution, and other
rather than a two-tier problem. Local, and not merely state,
responses to global economic restructuring must be addressed
rules may be protectionist or interfere with the free movement
at the national level. It also challenges the proposition that
of people and goods. Schragger’s work challenges us to think
local economic development policies must necessarily be biased
more deeply about the ways in which the division of political
in favor of corporate capital.
UVA Lawyer • Fall • 2009
| 51
Scholar’s
Corner
EXCERPT FROM:
Mobile Capital, Local Economic Regulation, and the Democratic City
123 Harv. L. Rev. — (forthcoming 2009)
E
CONOMIC localization is being driven by a
inform how we conceive of local power and how we think
decentralized labor movement, urban anti-poverty
about local economic policy.
organizations, opportunities in municipal law, political
We should start by complicating our understanding
alliances with progressive city mayors, a localist economic
of the relative vulnerabilities of city and capital. The
ideology, and the urban resurgence. These efforts are
disciplining view of capital mobility is skeptical of the
emphatically post-industrial; in this atmosphere it may be
exercise of local power — it assumes that government
possible for cities to regulate in ways that nations and states
power will often be deployed to exploit unless there are
cannot — to leverage place-dependent value and constrain
some constraints. Liberty, on this account, is the exercise
or redistribute capital. This nascent localization of economic
of rights against — and the operation of markets free
policy coincides with the rise of the region as an important
from — direct government intervention or interference.
economic unit and the relative decline of the nation-state
One implication of this view is that where exit does not
as a central regulator of economic life. Even if there was
provide sufficient discipline, legal limits on city power are
the political will to generate a new relationship between
appropriate to prevent exploitation of property owners,
capital and democracy, it is far from clear that the nation
corruption, and other political process flaws of local urban
can or is in a better position than cities to deliver. Indeed, a
democracy. Courts and legislatures should step in to prevent
progressive economic localism is one possible answer to the
local oppression of the vulnerable; local authority is thus
dislocations that accompany globalization.
appropriately limited.
Debates about decentralization make little sense without reference to the
private-side exercise of economic power as well as the public-side exercise of
regulatory power.
In light of these phenomena, we need to reframe our
When one turns away from the dominant conception
approach to city power. The conventional approach to
of rights and markets, however, a different idea of
the allocation of powers between the federal, state, and
vulnerability emerges. A competing political tradition
local governments involves assessing those governments’
tells us that governments are also vulnerable to markets,
relative competences and the political effects of particular
though this vulnerability tends to be less visible. Indeed,
allocations. These debates occur, however, with little
the vulnerability of the city to mobile capital is often
consideration of the allocation of power as between
interpreted as the reverse — the vulnerability of capital to
government and capital. Debates about decentralization
local government.
make little sense without reference to the private-side
Kelo [v. New London] is a nice example: mobile
exercise of economic power as well as the public-side
capital dictates the terms of New London’s economic
exercise of regulatory power. The relevant question is: How
strategy, but the salient and legally-cognizable act was
is the city’s power exercised vis-à-vis capital — in particular,
the government’s invasion of the homeowners’ property
vis-à-vis large-scale, mobile capital? That question should
rights. The liberal economic order has the necessary tools
52 | UVA Lawyer • FAll • 2009
Scholar’s
Corner
to prevent the public sphere from invading a protected
power to intervene in the private marketplace by enforcing
private sphere — the language of rights does most of this
a rigid public/private distinction and adjusting the city’s
work. But we have more trouble understanding when the
powers vis-à-vis higher level governments have been the two
private sphere is invading the sphere of the public — that
primary ways of dealing with the pathologies of the city-
is, we have more trouble preventing the distortion of public
business relationship. These conceptual narratives continue
decision-making for private ends. Explicit corruption or
to dominate the current law of local government.
capture of public processes can be guarded against, but
Those efforts are quite imperfect, however. More
the form of corruption that worries those concerned with
importantly, they appear unable to effectively cabin the
capital’s political power — the narrowing of the public
politics of capital attraction, retention, and exploitation.
sphere, the loss of political and economic independence,
That is because the relationship between the legal regulation
government policy driven by unaccountable and unelected
of the city and mobile capital is not a linear one. The city
The sense that government has lost the power to control the chief determinants of
citizens’ well-being … drives local economic reform efforts like the minimum wage.
economic actors — is more difficult to articulate. The sense
develops in tandem with private investment, commercial
that government has lost the power to control the chief
activity, and capital formation — city power cannot be
determinants of citizens’ well-being — sometimes described
disentangled from the power of private economic activity.
in terms of “democracy deficits” — drives local economic
Mobile capital operates through the instruments of local
reform efforts like the minimum wage.
government; the rules that bind the latter might well be for
Our difficulty in articulating this concern reflects the
the purpose of binding the former. Reformers legitimately
pervasiveness of the negative conception of rights as trumps
worry that public power will be used as an instrument for
to be asserted against government invasions. That difficulty
private gain, but private gain is the city’s lifeblood.
also stems from the fact that we have come to discount the
The notion of city power is thus more complicated
notion of the common good itself; the “public” no longer
than it appears. Cataloguing the powers or limitations of
exists, but is an amalgam of private interests. Indeed, our
municipal government does not tell us very much. Rather,
current theories of democratic process — dominated as they
one needs to ask how lodging authority to make certain
are by public choice — tend to undermine the idea of an
kinds of decisions at a particular level of government —
identifiable democratic public at all. The democratic public
federal, state, or local — affects the city-business relationship.
either does not exist or has no interests that can be invaded
Indeed, the city power debate — to the extent it only
by private-side rights-bearers.
looks at the legal powers of cities vis-à-vis other levels
But this one-sidedness masks the central problem,
of government — is somewhat beside the point. Local
which is that the political pathologies of local government
“autonomy” is not an available option: first, because the city
are, in significant part, a function of local government’s
and private investment are inextricably linked; and second,
relationship to capital. Indeed, both concerns — the
because different allocations of legal authority as between
public invasion of rights and the private corruption of
the city, state, and federal governments will have different
the public good — have and continue to be dominant
(and not always predictable) consequences for the city’s
problems in the city-business relationship. Recall that
vulnerability to private-side control and manipulation. ❚
the original 19th century limitations on city power were
a means of restraining giveaways to mobile capital; the
counter-movement to limit state authority was motivated
by similar concerns that business-dominated interests were
corrupting good municipal government. Limiting municipal
UVA Lawyer • Fall • 2009
| 53
Class Notes
1940
Reunion Year
1951
behind him. Fortunately, the bear was well
fed and distracted by salmon leaping
The University’s Miller Center of Public
Jack P. Jefferies wants classmates to know
upstream, and turned away at the last
Affairs and the Miller Center Foundation
that his wife, Karen Lisa Sommarstrom
minute.
honored Mortimer Caplin, founding
Jefferies, died on March 12. Karen and Jack
member of the law firm of Caplin &
married in 1972 and raised a daughter,
on a hiking path led Corse up a 3,000-foot
Drysdale, with the 2009 Elizabeth Scott
Elizabeth Jefferies de Villegas. Jack is a
mountain with four children in tow. After
Award for his dedication and leadership to
retired senior law partner at Lord Day &
touring Glacier National Park, he headed
the Center, the University, and the greater
Lord in New York City.
for the U.S. Masters National Swimming
Meet in Indianapolis, Ind. He came in
community. The conferring of the award
on September 17 was one of the highlights
of the Foundation’s annual Salute Event.
On another excursion, a wrong turn
1955
second in the 50-meter freestyle event,
Reunion Year
third in the 200-meter individual medley,
and swam on three winning relay teams.
The Foundation praised Caplin for his
longstanding service to the Miller Center
William Littlejohn won the Washington
“Not bad,” he writes, “after lolling around
as a member of both its governing council
Writers’ Publishing House annual fiction
eating and drinking in luxury for two
and foundation board. It also applauded
contest with his debut novel, Calvin. The
weeks before the meet.”
him for establishing the endowment that
book is a coming of age story of ten-
launched the annual Mortimer Caplin
year-old Billy and an African-American
Herbert S. Glickman has joined
Conference on the World Economy. Debuted
servant, Calvin, who manages to bring
Greenbaum, Row, Smith & Davis as
last year, this landmark event brought 12
some stability to a chaotic family situation
counsel in the firm’s Roseland, N.J.,
former G-20 finance ministers to the Miller
in South Carolina during the Depression.
office. Previously he served as a superior
Center to lay the underpinning for new
The book has been published as a trade
court judge for 24 years, presiding over
financial architecture to address rapidly
paperback by the Washington Writers’
matrimonial and family-related cases. In
changing global economic challenges.
Publishing House. (See In Print)
recent years he concentrated on mediation
and arbitration of family cases in private
1949
1957
practice.
1959
In September Benjamin F. Sutherland
reached his 60th anniversary of practicing
law. He entered the Law School on the
Wright Hugus, Jr., is entering his 15th year
GI bill after World War II, passed the bar
of semi-retirement — reading and writing
in 1949, and still practices at age 91 in
in the winter and selling ice cream from his
Clintwood, Va.
vintage Good Humor truck in the summer.
Frank Warren Swacker’s murder mystery,
1963
Who Murdered Mom?, is available in its
John Corse recently took a trip up the
second edition through Amazon.com,
Alaska Inland Passage from Ketchikan to
Barnesandnoble.com, and local bookstores.
Juneau aboard a 162-foot motor yacht. He
William R. Rakes has been included in
had a number of adventures along the way,
Virginia Super Lawyers in the area of
including a steep jump into icy waters and
business litigation. Rakes is a partner in
a close encounter (within six feet) with a
the Roanoke office of Gentry Locke Rakes
grizzly. Corse had no way to escape — with
& Moore.
two women and five children positioned
UVA Lawyer • Fall • 2009
| 55
Class
Notes
1964
1965
Reunion Year
Virginia Super Lawyers in the area of real
estate. He is a partner with Crenshaw, Ware
& Martin in the firm’s Norfolk office.
W. Thomas Grimm lives in Ruskin, Fla.,
Stuyvesant K. Bearns has been included
where he has embarked on a new career as
in Best Lawyers in America 2010 in the area
an adjunct professor teaching American
of trusts and estates. He was also listed
Henry L. Young, Jr., is a sole practitioner
government, political science, and business
in Connecticut Super Lawyers in the area
in Dawsonville, Ga. He serves as
law at Hillsborough Community College.
of estate planning and probate. He is of
National Judge Advocate of the 82nd
His daughter, Emily, recruits physicians
counsel in the Lakeville office of Shipman
Airborne Division Association, a veterans
for a regional hospital in Thomasville, Ga.
& Goodwin.
organization. In 2008 the Association
honored him with “Airborne Man of the
His son, Lars, graduated from Yale medical
school this spring and is at Duke for his
residency. His son, Nils, just graduated
Year” at its annual awards ceremonies in
1966
Atlanta.
from Vanderbilt and is attending UVA Law.
Guy Farmer recently joined Gray
1968
Edward J. Handler III is the founder,
Robinson in Jacksonville, Fla., where
chair, and CEO of The Bronx Project, Inc.,
he will continue to practice labor and
a developmental stage drug company.
employment law. He was recently
David D. Biklen was elected a lifetime
The company has finished pre-clinical
recognized as having been named in every
member of the Uniform Law Commission
testing of Pharmaceutical C3 in mice and
edition of Best Lawyers in America.
at the organization’s recent annual meeting
expects to conclude trials in non-human
primates soon. Pharmaceutical C3 will be
effective in arresting Parkinson’s. Studies
in Santa Fe, N. Mex. Biklen, executive
director of the Connecticut Law Revision
1967
Commission, was first appointed a
with rodents have shown it to be effective
Connecticut commissioner in 1982 and
against schizophrenia and ALS as well.
J. Rudy Austin has been included in
has been reappointed by three succeeding
Publication of articles (on Parkinson’s)
Virginia Super Lawyers in the area of
governors.
in juried journals is anticipated as well as
construction litigation. He is a partner in
some media coverage.
the Roanoke office of Gentry Locke Rakes
Donald C. Greenman has been included
& Moore.
in the International Who’s Who of Shipping
Whayne Quin is a partner in the
& Maritime Lawyers 2009. He has been
Washington, D.C., office of Holland &
Howard W. Martin, Jr.,
included in Best Lawyers in America in the
Knight, where he practices municipal law.
recently received the
maritime category since 1989 and has been
Eggleston-I’Anson
editor of American Maritime Cases since
Gilbert Wright practices insurance and
Award from the
1993. He is a principal in the admiralty
contract litigation law as a solo practitioner
Norfolk & Portsmouth
and maritime group in the Baltimore, Md.,
in Jacksonville, Fla., after many years as
Bar Association. The
office of Ober/Kaler.
counsel with larger law firms. In 2006 he
award, given in a
moved to Jacksonville from Massachusetts
with his wife, Nancy. They have a son
formal ceremony at
Barry C. Hawkins has been selected for
the association’s annual meeting in May,
inclusion in Best Lawyers in America 2010
who practices law in Chicago, a son who
honors attorneys who epitomize the
in the area of real estate law. He was also
works in banking in Montana, and two
highest standards of professionalism
listed in Connecticut Super Lawyers.
grandchildren.
throughout their careers. Martin has been
Hawkins is a partner in the Stamford office
selected for inclusion in Best Lawyers in
of Shipman & Goodwin.
America 2009 and has also been listed in
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 19 for inclusion in the next issue.
56 | UVA Lawyer • FAll • 2009
Class
Notes
Lessons From Camp
PHILIP LILIENTHAL ’65 AND GLOBAL CAMPS AFRICA
by Rebecca Barns
For many of us, camp was where we first
heard stories around a bonfire, learned to
paddle a canoe, and got our first taste of
independence. When avid camp enthusiast
Philip Lilienthal ’65 founded Global Camps
Africa in 2003, he took all of the best things
about the camp experience and put them
to work helping children in South Africa get
a second chance in life.
Following his graduation from the Law
School, Lilienthal served two years with
the Peace Corps in Ethiopia as an attorney
and helped establish the country’s first
residential summer camps. He later worked
in private practice, served as an attorney in
Peace Corps headquarters in Washington,
Above, Lilienthal remembered encountering John F. Kennedy’s photos everywhere when he was a Peace Corps
volunteer in Ethiopia so he distributed photos of our current president.
D.C., and as staff in the Philippines and
Thailand. When he returned to the U.S. he opened a law practice in
When camp first started, no one knew how South African
Reston, Va. For 30 years he was also the owner and director of Camp
families would respond. “We thought we would hit the wall at least
Winnebago in Maine, a boys camp established in 1919 and now
twice,” says Lilienthal. “At the beginning, when they found out we
owned by his son, Andy.
In 2003 Lilienthal travelled to South Africa, where the world’s
were talking to their children about sexuality and HIV/AIDS, and
more recently, when we promoted HIV testing and then actually did
highest number of people living with HIV/AIDS leaves thousands of
the voluntary counseling and testing at camp.” The community, as it
children orphaned, infected, and with parents dying of it. He wanted
turns out, is very supportive.
to find out whether these kids had any opportunities to go to camp,
Back in Soweto, Global Camps Africa extends its reach to
and discovered there were none. So he founded Global Camps Africa,
graduates through bi-weekly Kids Club meetings. The sessions provide
Inc. to see if camp would be an effective intervention. He set up
continuing support and reinforce the life skills learned in camp.
headquarters in Reston.
In 2004 the first overnight camp, about an hour’s drive from
Johannesburg, opened for business. Camp Sizanani (Sizanani means
“to help each other” in Zulu) has six ten-day sessions each year for
about 130 boys and girls aged 10-16. Most of the children come from
Lilienthal travels to camps throughout the United States to spread
the word about Global Camps Africa. He’s often asked about the
wherewithal it takes to tackle what seems, at time, an insurmountable
crisis. “The key to me in facing the HIV/AIDS issue,” he says, “is never
to look at what is left unsolved, but to concentrate on how many
the Soweto area. Since Sizanani opened in 2004, more than 3,700
children might benefit from what we were doing. There is also the
children have attended.
constant thought that, by other groups copying what we are doing,
Kids play sports, dance, sing, write about their lives, and create
art at the camp. Boys and girls learn respect for one another and
we are helping more children than we are directly impacting.”
Lilienthal sees Camp Sizanani as a beginning, a model for other,
speak openly about sexual issues — a novel experience for most —
much-needed camps throughout South Africa. Three new camps are
and begin to break gender stereotypes. Lessons in proper hygiene,
in the planning stages, along with plans for a camp in Uganda. In the
HIV/AIDS prevention and awareness, healthy sexuality, and nutrition
meantime, Sizanani continues to change lives for the better. As one
are incorporated into daily activities in creative ways. Lilienthal and
13-year-old camper named Busi put it, “I came here empty, but now
his colleagues call it “serious fun.”
I am full.” ❚
UVA Lawyer • Fall • 2009
| 57
Class
Notes
Bruce Lev has joined the board of
1969
WANTED:
directors of Integral Systems. Since 2003
Lev has served as a managing director of
Robert W. Ashmore
Loeb Partners, an investment firm based
has been selected for
in New York City. Previously, Lev served
inclusion in Best
as vice chairman and director of USCO
Lawyers in America
Logistics, a service provider of supply
2010. He is a partner
chain management. From 1995 through
in the Atlanta, Ga.,
2000 he served as executive vice president
office of Fisher &
of corporate and legal affairs of Micro
Phillips, where he
Warehouse, a $2.5 billion direct marketer
focuses on representing employers in nearly
of brand name personal computers and
every area of labor and employment law.
A few good annual giving
volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
their daughters are married and live in
Richmond and Fluvanna County, Va. James
accessories to commercial and consumer
Ford Barrett recently argued a case before
is a member of the Roanoke Chapter of the
the U.S. Court of Appeals for the Fifth
National Railway Historical Society, and he
Gail S. Marshall and her husband, John,
Circuit concerning the use of suspicious
and his wife are active in the Lions Club.
recently completed a two-week volunteer
activity reports in private civil lawsuits.
They enjoy traveling, and this year they will
teaching tour in Ghana. Gail continues a
The argument was held at the University
take their eleventh trip to Europe — this
private practice and serves as attorney for
of Texas Law School in Austin. Barrett
time visiting Eastern Europe.
the town of Orange, Va.
is senior counsel in the Office of the
markets.
Comptroller of the Currency, a bureau
Frederick Hodnett is quite active in his
Ambassador (ret) W. Robert Pearson has
of the U.S. Treasury Department that
“retirement.” He worked for the Senate of
been president of IREX since November
regulates all the national banks in the
Virginia Clerk’s Office for the 2009 session
2008. IREX is an international nonprofit
United States.
of the Virginia General Assembly, is a
organization providing leadership
substitute teacher in the Hanover County
and innovative programs to improve
School system, and performs civil marriage
the quality of education, strengthen
ceremonies throughout Virginia.
independent media, and foster pluralistic
civil society development. Founded at
1971
Princeton in 1968, IREX has an annual
portfolio of over $60 million and a staff of
500 professionals worldwide.
William P. Boswell was awarded the
Pearson retired in 2006 from the U.S.
Pennsylvania Meritorious Service
Foreign Service. As Director General of
Tom Carr reports that his son, Brendan,
Medal in 2008 by Governor Ed Rendell.
the U.S. Foreign Service from 2003 to
was sworn in as a member of the bar of the
The Commonwealth’s highest civilian
2006, he introduced critical changes in
Fourth Circuit Court of Appeals on May
decoration was presented to Boswell
American diplomacy, earning awards for
14 in Richmond by Judge Dennis Shedd,
for more than 25 years of public and
innovation and management improvement
for whom he clerked through the summer.
community service in various positions at
and preparing the United States for the
The day after Brendan’s swearing in, Tom
local, state, and national levels, including
challenges of the 21st century. He served as
had breakfast with His Honor J. Harvie
ten years as president of the council and
Ambassador to Turkey from 2000 to 2003
Wilkinson III ’72, and toured the State
ten years as the mayor of Glen Osborne, a
during a critical period, and was previously
Capitol with Her Honor Diana Gribbon
suburb of Pittsburgh.
posted in Paris, Brussels, Beijing, Taipei,
Motz ’68, who was leading the clerks on a
and Auckland, in addition to other senior
special tour. Tom notes that his son
Consolidated Natural Gas Company
positions at the Department of State. From
introduced him to Her Honor Sandra Day
(now Dominion), a retired partner of
2006 to 2008, he headed the international
O’Connor.
McGuireWoods’ Pittsburgh office, and
business division of the Spectrum Group
in Alexandria, Va.
58 | UVA Lawyer • FAll • 2009
Boswell is a retired executive with
a retired colonel in the U.S. Air Force
James Cosby and his wife, Noel, are
Reserve. He practices in the area of non-
enjoying retirement. James retired from
profit corporate governance and serves as
the Department of Justice in 2007; Noel
general counsel of the North American
retired from the IRS in 2001. All three of
Energy Standards Board.
Class
Notes
Edward B. Lowry has
firm, Sugarman & Susskind, represents
G. Franklin Flippin has been selected for
been selected for
labor unions, employee benefit funds, and
inclusion in Virginia Super Lawyers in the
inclusion in Virginia
workers.
area of business law. He is a partner in the
Roanoke office of Gentry Locke Rakes &
Super Lawyers and in
Best Lawyers in
Jim Turner, retired captain, U.S. Naval
America 2010. He is
Reserve, enjoys retirement and tending
with Michie Hamlett
his garden and lawns in the idyllic hills of
Lowry Rasmussen &
central New York, just outside picturesque
Tweel in the Charlottesville office, where his
1974
Cooperstown.
practice focuses on commercial litigation.
John McVickar is on the board of the
Moore.
Ralph Hornblower and Cynthia Edmunds
were married on November 6, 2004.
1973
Hornblower’s daughter, Natalie, was
Capital Region Land Conservancy in
born on June 21, 2007. His son, Sam, is a
Richmond, a private, non-profit land trust
George Bostick has been appointed
producer for the CBS program, 60 Minutes,
that helps preserve and protect areas of
benefits tax counsel at the U.S. Department
and his son, Luke, entered a JD/MBA
scenic, historic, and ecological significance
of the Treasury. He will advise the Assistant
program in Claremont, Calif., this fall.
in Richmond and seven surrounding
Secretary for Tax Policy, the General
counties.
Counsel of the Treasury, and others in
In April 2008 Victor V. Ludwig was elected
Treasury regarding employee benefits
by the Virginia General Assembly to serve
Ronald R. Tweel was
and executive compensation policy.
as a circuit court judge of the 25th Judicial
selected for
Bostick practiced with Sutherland Asbill
Circuit. He is the resident judge of Augusta
membership in the
& Brennan in Washington, D.C., for 30
County.
American College of
years and was one of the founders of the
Family Trial Lawyers,
firm’s employee benefits and executive
James T. O’Reilly is
one of only two
compensation team.
co-author of Punishing
lawyers in Virginia to
Corporate Crime: Legal
be so honored. Tweel
Lee F. Feinberg has
Penalties for Criminal
has also been selected for inclusion in the
been selected for
and Regulatory
Virginia Super Lawyers and in Best Lawyers
inclusion in Best
Violations, published
in America 2010. Tweel practices with
Lawyers in America
by Oxford University
Michie Hamlett Lowry Rasmussen & Tweel
2010 in the area of
in Charlottesville, where he focuses on the
energy law. He is a
O’Reilly is an international lecturer on
area of domestic relations.
member in the
environmental law and part-time professor
Charleston, W. Va.,
at the University of Cincinnati College of
1972
office of Spilman Thomas & Battle.
Press in August.
Law. He is the vice-mayor of the city of
Wyoming, Ohio, and has been elected to
Mark E. Feldmann
the executive committee of the Ohio-
In May Robert A. Sugarman was honored
was selected for
Kentucky-Indiana Regional Council of
by the Jewish Labor Committee for his
inclusion in Legal Elite
Governments. He is of counsel in the
contributions to labor and employee
2008 by Virginia
Indianapolis, Ind., office of Baker &
benefits law and his accomplishments on
Business magazine in
Daniels, where he is a member of the life
behalf of working people. A reception
the area of
sciences practice group concentrating on
was held for him at the AFL-CIO lawyers
construction law and
FDA regulatory matters. (See In Print)
coordinating committee conference at the
the Virginia Super
Fontainebleau Resort in Miami Beach.
Lawyers for business litigation. He is a
Bruce Stanley, Sr., was
Growing up in Miami, the son of a union-
shareholder/director and president of
selected for inclusion
member butcher, Sugarman became a
Glenn, Feldmann, Darby & Goodlatte in
in Florida Super
union member himself as a teenager, and
Roanoke.
Lawyers. He is a
later a union organizer. His Miami law
stockholder with
Henderson, Franklin,
Starnes & Holt in the
UVA Lawyer • Fall • 2009
| 59
Class
Notes
firm’s Fort Myers office. Stanley practices
Lee F. Mercier has been selected for
Auburn United Methodist Church, and a
civil litigation with special focus on
inclusion in Florida Super Lawyers in estate
dedicated Democrat who formerly served
medical malpractice, aviation cases,
planning and probate. He has been board
as chairman of the Montgomery County
products liability defense, and eminent
certified in wills, trusts, and estates since
Democratic Committee.
domain. He also has an agency practice
1986 and is a shareholder with Dale, Bald,
dealing with licensing and disciplinary
Showalter, Mercier & Green in the firm’s
John V. Little has been
issues before the Florida Department
Jacksonville office.
selected for inclusion
of Health.
1975
in Best Lawyers in
Reunion Year
America 2010 in the
1976
areas of corporate and
real estate law. His
practice focuses in the
Peter E. Broadbent, Jr., has been
Kent E. Agness retired after practicing
recognized in Virginia Super Lawyers as
areas of business law
business law for 30 years with Barnes
one of the top five percent of lawyers in
and commercial real estate law, including
& Thornburg in Indianapolis, Ind. His
the state for his practice in utilities law.
formation and operation of business
daughter, Karin, graduated from the Law
He has also been reappointed by the
entities; business and real estate finance;
School in May, and Kent reports that he
speaker of the Virginia House of Delegates
banking; real estate development; and
really enjoyed getting to Charlottesville to
as one of the non-legislator members of
business and commercial real estate
visit her over the past seven years.
the Virginia War of 1812 Bicentennial
transactions. He is in the Charlottesville
Commission. Broadbent practices business,
office of Michie Hamlett Lowry Rasmussen
Charles L. Howard has been selected
intellectual property, governmental and
& Tweel.
for inclusion in Best Lawyers in America
communications (utilities) law as a partner
2010 in the area of commercial litigation.
with Christian & Barton in Richmond.
Ann Margaret Pointer
He was also listed in Connecticut Super
has been selected for
Lawyers in the area of intellectual property
Fred Gleaton recently
inclusion in Best
litigation. He is a partner in the Hartford
became one of the first
Lawyers in America
office of Shipman & Goodwin.
ten lawyers in Georgia
2010. Pointer is a
certified by the
partner in the Atlanta,
John H. Lawrence, Jr., has been included
American Board of
Ga., office of Fisher &
in Best Lawyers in America 2010 in the
Professional Liability
Phillips, where she
areas of corporate and health care law.
Attorneys. He has been
focuses on representing management in
He was also listed in Connecticut Super
involved in the defense
labor and employment matters. She is also
Lawyers in the area of business/corporate
of physicians and medical care providers in
an adjunct professor at Emory University
law. He is a partner in the Hartford office
medical liability cases for the past 25 years.
Law School.
of Shipman & Goodwin.
Gleaton has been named an advocate by
the American Board of Trial Advocates, a
David B. Shapiro has
Don P. Martin was
fellow of Litigation Counsel of America,
been selected for
named in Southwest
and has been recognized in Georgia Super
inclusion in Best
Super Lawyers
Lawyers, 2007-2009. He is a founding
Lawyers in America
magazine as among
partner in the Atlanta firm of Owen,
2010 in the area of
the top five percent of
Gleaton, Egan, Jones and Sweeney, which
corporate law. He is a
attorneys in Arizona
was recently named by Georgia Trend as
member in the
and New Mexico. He is
one of the “Best Places to Work in
also included in
Georgia.”
office of Spilman Thomas & Battle.
litigation. Martin was also selected for
Phillip Edwin Keith passed away on
M. Hamilton Whitman, Jr., has been
inclusion in Best Lawyers in America 2010
August 15, after a long battle with brain
selected for inclusion in International Who’s
in the area of commercial litigation/legal
cancer. Keith was the head prosecutor
Who of Shipping & Maritime Lawyers 2009.
malpractice law. He is a partner in the
at the Montgomery County (Virginia)
He was also included in Maryland Super
Phoenix office of Quarles & Brady, where
Commonwealth Attorney’s office, a
Lawyers in the area of transportation/
he handles complex commercial litigation.
Hokie fan, a lifelong member of the
maritime law, and has been listed in Best
Charleston, W. Va.,
Chambers USA 2009 in the area of
60 | UVA Lawyer • FAll • 2009
Class
Notes
Lawyers in America since 1989. Whitman
focus was collective redress/class action in
Eric Solomon, most recently the U.S.
serves on the advisory board of Historic
the European Union. D’Angelo delivered
Treasury Assistant Secretary for Tax Policy,
Ships in Baltimore and the national
“Hearing of the Alliance of Liberals and
has been named director of national tax in
advisory board of the Maritime Arbitration
Democrats for Europe on Collective
Ernst & Young’s national tax department in
Association of the United States. Whitman
Redress” and “What Did Go Wrong with a
New York City.
is a fellow of the American College of Trial
Well-Meant Idea in the U.S.?”
Lawyers. He is a principal in the admiralty
In June he spoke at the Product
and maritime group in the Baltimore office
Liability Advisory Council’s conference
of Ober/Kaler.
in Boston, Mass. In his presentation, “The
1979
Times They Are a Changin’,” he discussed
Robert Burton has served for over 21
his work with the European Parliament
years as a procurement law attorney in the
and the EU Commission regarding
Department of Defense. In 2001 he was
proposals for class actions in Europe,
appointed deputy administrator for federal
William C. Crenshaw has joined Akerman
noting what consumer rights actions in
procurement policy in the Executive Office
Senterfitt as a shareholder in the firm’s
Europe and Australia could mean for U.S.
of the President and became the top career
Washington, D.C., office, where he focuses
and multinational companies. D’Angelo is
procurement policy official in the federal
his practice in the areas of bankruptcy and
a partner with Montgomery, McCracken,
government.
creditors’ rights, commercial litigation, and
Walker & Rhoads in Philadelphia, Pa.
1977
In 2008 Burton retired from federal
service and joined Venable in Washington,
real estate.
Mark Duvall recently retired from Dow
D.C., as a partner, where he works with
Dennis A. Henigan’s book, Lethal Logic:
Chemical and has moved to Washington,
the firm’s government contracts and
Exploding the Myths that Paralyze American
D.C., joining Beveridge & Diamond to
government affairs practice groups.
Gun Policy was published by Potomac
practice environmental regulatory law. His
Burton is a fellow of the National Contract
Books in June. The book explores the
daughter, Amy, graduated from Michigan
Management Association and the National
impact of “bumper-sticker logic” on the
Law School and will work in New York.
Academy of Public Administration and
previously served on the Council of
gun control debate and explains how
the gun lobby’s tireless trumpeting of
Lyn Gammill Walker has been selected for
the American Bar Association’s Public
simple, misguided messages has helped it
inclusion in Best Lawyers in America 2010
Contract Law Section.
maintain political power. Henigan is the
in the area of trusts and estates. She was
vice president for law and policy at the
also listed in Connecticut Super Lawyers in
have four children: Beth, Jim, John, and
Brady Center to Prevent Gun Violence and
the area of estate planning and probate.
Danny. Beth is a junior at George Mason
is the founder of the center’s Legal Action
She is a partner in the Hartford office of
University; Jim is a first-year student at
Project. For two decades he has been an
Shipman & Goodwin.
UVA; John is a sophomore at the Heights
School in Potomac, Md.; and Danny is a
outspoken advocate for stronger gun laws.
(See In Print)
Burton and his wife, Jane Urling,
Michael P. Haggerty
4th grader.
has been appointed to
Charles S. Sharp has been elected by the
the North Dallas Bank
F.B. Webster Day has
General Assembly to the position of judge
& Trust Co. Board of
been selected for
of the 15th Judicial Circuit, sitting in
Directors. He is a
inclusion in Best
Stafford, Va.
partner with Jackson
Lawyers in America
Walker, where he leads
2010 in the area of
the finance practice
corporate and public
1978
group in the firm’s Dallas office. He is
listed in Best Lawyers in America 2010 in
In May Christopher
the area of real estate law and has been
Scott D’Angelo was a
named a “Texas Super Lawyer” by Texas
featured speaker at the
Monthly for the past six years.
finance law. He
manages the Roanoke,
Va., office of Spilman Thomas & Battle.
David Furrow has been running his own
International
firm for 20 years. With two other lawyers,
Association of Defense
Furrow & Dudley is now the largest private
Counsel meeting in
firm in Franklin County, Va. The firm’s
Prague. The meeting’s
office is in Rocky Mount.
UVA Lawyer • Fall • 2009
| 61
Class
Notes
Gary Goldberger has started a solo law
practice in the Los Angeles, Calif., area
focusing on entertainment law, general
business law, and new media law. Email
Gary at Goldbergerlaw@sbcglobal.net.
Michael K. Kuhn has
been selected for
inclusion in Best
Lawyers in America
Joseph Ryan, Jr. ’78
2010. Kuhn is a partner
James M. Campbell ’83
in the Houston, Tex.,
Alumni at the Helm of
Worldwide Counsel
office of Jackson Walker,
where he focuses his
practice on commercial real estate.
Ely A. Leichtling has
by Rebecca Barns
been selected for
inclusion in Chambers
James M. Campbell ’83 and Joseph W. Ryan, Jr. ’78 were recently elected to lead the
USA 2009 and Best
the International Association of Defense Counsel (IADC), a prestigious worldwide, legal
Lawyers in America
organization. With headquarters in Chicago, Ill., the IADC serves nearly 2,500 corporate
2010 in the area of
and insurance defense attorneys from 33 countries. Membership is by invitation only,
labor and employment
law. He is a partner in
following a thorough review process.
“For someone who never wanted to be anything other than a trial lawyer, the
opportunity, challenge, honor, and responsibility of serving as the president of the IADC
is both daunting and exhilarating,” says Campbell, president of Campbell Campbell
Edwards & Conroy in Boston, Mass.
Established in 1920 by a group of general counsels, the IADC has evolved into a
the Milwaukee, Wis., office of Quarles &
Brady.
Elaine E. Whitbeck has been selected
as the 2009 recipient of the Robert H.
Dedman Award for Ethics and Law.
dynamic organization that offers opportunities through which members can sharpen
Established in 2001 in honor of the late
their skills and professionalism, as well as strengthen camaraderie among their peers.
Robert H. Dedman’s commitment to
The annual Trial Academy is one example of the IADC programs. The seven-day
ethics, the Dallas/Ft. Worth chapter of the
course, held at the Stanford Law School, is designed to hone the advocacy trial skills
Texas General Counsel Forum honors a
of less-experienced attorneys. Sessions are taught by leading defense trial lawyers
corporate attorney who has demonstrated
who demonstrate different ways to solve courtroom challenges. Students practice
the highest ethical standards during his or
making opening and closing statements and leading direct and cross examination of
her career.
mock witnesses and medical experts. Faculty review the videotaped sessions and offer
constructive comments to students.
Campbell and Ryan first collaborated at the IADC Trial Academy in 2005 as director
and director-elect, and discovered that they work very well together. “We share a
Whitbeck is senior vice president, chief
legal officer, general counsel, and corporate
secretary for Alcon, the world’s largest eye
care company, headquartered in Fort Worth.
great deal,” says Ryan, an attorney with Porter Wright Morris & Arthur in Columbus,
Ohio. “We’re both Irish Catholics, went to Jesuit colleges, love to try lawsuits, and have
1980
Reunion Year
magnificent wives who buoy us up when we need it.”
The Law School instilled in both men the ability to listen with an open mind. Ryan,
Martha Ellett has moved from the
recently chosen as president-elect of IADC, attributes that quality, in part, to the
Treasury Department to the FDIC’s Legal
approach of Bob Scott, Charlie Whitebread, Emerson Spies, and other Law professors.
Division (Consumer and Legislation
UVA is well-represented in the IADC, notes Campbell, including past president Will
Cleveland ’75, Chris D’Angelo ’78, and Kevin Brill, Fred Paliani, and Pat Conlon, all
from the class of 1983. With Campbell and Ryan at the helm, IADC is in good hands. ❚
62 | UVA Lawyer • FAll • 2009
Branch) in Washington, D.C. She and her
husband, Will, reside in Alexandria, Va.
Class
Notes
Sally C. Merrell has joined Von Briesen
acquisitions law. He is a member in the
the public sector services and business
& Roper in the Milwaukee, Wis., office.
Charleston, W. Va., office of Spilman
services groups in the Pittsburgh office of
She is a shareholder in the business
Thomas & Battle.
Babst, Calland, Clements and Zomnir.
practice group, where she focuses on estate
planning, estate and trust administration,
William M. Herlihy
Allen Morgan has been elected a company
charitable gift planning, and private
has been ranked by
director of Oversee.net, a business
foundations.
Chambers USA 2009 in
headquartered in Los Angeles, Calif.,
natural resources law
offering integrated services to register,
W. David Paxton has been included in
and has been selected
appraise, buy, and sell domain name
Virginia Super Lawyers in the area of
for inclusion in Best
properties. For the past ten years he has
employment and labor. He is a partner in
Lawyers in America
been a managing director and most recently
the Roanoke office of Gentry Locke Rakes
2010 in the areas of
a venture partner at the Mayfield Fund.
& Moore.
corporate law, energy law, and natural
resources law. He is a member in the
David N. Schaeffer was installed as the new
Beat U. Steiner has
Charleston, W. Va., office of Spilman
president of the Atlanta Bar Association,
been elected a fellow
Thomas & Battle.
the largest voluntary bar association in
the Southeast, at the bar’s annual meeting
of the American
College of Real Estate
Christine Hughes was selected for the list,
and awards luncheon in June. He served
Lawyers (ACREL).
“In-House Leaders in the Law,” compiled
as chair of the Litigation Section of the
ACREL’s lawyers are
by Massachusetts Lawyers Weekly and
Atlanta Bar Association in 2003–2004, and
elected to fellowship
featuring attorneys who “demonstrate
has been a board member and officer of
for their legal ability,
innovative and practical business and legal
the organization for seven years. Schaeffer
experience, and high standards of
skills” as general counsel or staff attorney
is a partner in the Atlanta office of Holland
professional and ethical conduct in the
and who have “an uncanny ability to
Schaeffer Roddenbery Blitch (formerly
practice of real estate law. Steiner is the
inspire and lead.” Hughes is vice president
known as Kidd & Vaughan), where his
administrative partner of the Boulder,
and general counsel to the president and
practice includes civil litigation, personal
Colo., office of Holland & Hart, the largest
board of trustees at Emerson College in
injury claims, employment litigation, and
law firm in the Rocky Mountain West, and
Boston.
malpractice litigation. With the passing
Tom Keane is a columnist for the Boston
of Woodrow W. Vaughan, Jr. ’78, the
Globe’s op-ed page and regularly writes
remaining partners have renamed the firm.
for the Globe Sunday Magazine. His pieces
David is now the only remaining UVA Law
have also appeared in the Boston Herald
alumnus at the firm.
of Charles Kidd ’62 and the retirement
chairs the firm’s resorts, lodging, and
leisure group.
1981
and a number of other publications. Keane
Lora Dunlap has been included in Best
has established a reputation for calling
The recent acquisition of AbCRO by
Lawyers in America 2010. Dunlap is a
things as he sees them (i.e., describing the
Pharmaceutical Product Development
partner in the Orlando, Fla., office of
Rose Kennedy Greenway as “wretched”
created a serendipitous instance of Law,
Fisher, Rushmer, Werrenrath, Dickson,
and weighing in on whether eating locally
Darden, and other UVA alumni working
Talley & Dunlap, where she focuses her
grown food will really save the planet — in
together, writes Bob Webb.
practice on professional liability defense
his opinion it won’t). Keane is a partner
in the area of attorney and accountant
with Murphy & Partners, a New York-
organization operating in Central and
malpractice.
based private equity fund.
Eastern Europe, was cofounded in 1999
AbCRO, a clinical research
by Darden alumna Dana Leff Niedzielska.
David P. Ferretti has
Blaine Lucas has been
Under Dana’s leadership as CEO, AbCRO
been selected for
named by Pennsylvania
expanded operations throughout Eastern
inclusion in Best
Super Lawyers as one
Europe, including Bulgaria, Poland,
Lawyers in America
of the top lawyers in
Romania, Serbia, Croatia, Ukraine, and
2010 in corporate law
the state in the
Russia, and had over 230 employees.
and mergers and
government/cities/
The sale transaction brought together
municipalities section.
more Virginia graduates, as Darden
He is a shareholder in
alumna Cecilia (Vidaeus) Gleason and
UVA Lawyer • Fall • 2009
| 63
Class
Notes
Robert Bettacchi, a former senior vice
office of Morris, Nichols, Arsht & Tunnell,
president of Grace and the president of
where he focuses his practice in the area of
the construction products division, was
commercial law counseling.
charged with conspiracy to violate the
Clean Air Act, knowing endangerment
Jeffrey Levinger is
under the Clean Air Act, and conspiracy
included in D
to defraud the United States. He faced
Magazine’s listing of
a maximum prison sentence of up to
the “Best Business
15 years. The indictment alleged that
Lawyers in Dallas.” He
Bettacchi, several other Grace executives,
is a co-founder of
and the company had endangered
Hankinson Levinger,
the citizens of Lincoln County due to
UVA ties abound. From left: Neal McCarthy, Dana
Leff Niedzielska, Lukasz Niedzielski, Cecilia
Vidaeus Gleason, and Bob Webb.
an appellate boutique
the release of asbestos from Grace’s
firm, and has been recognized among
former vermiculite mining operation
Texas’s top lawyers every year since the
near Libby, Mont. The Department of
Texas Super Lawyers list was first published
McIntire alumnus Neal McCarthy, both of
Justice characterized the case as the
in 2003. Levinger has also been named
investment banking boutique, Fairmont
most significant criminal environmental
repeatedly to lists of the top 100 attorneys
Partners, served as financial advisors to
case ever prosecuted by the federal
in both the Dallas-Fort Worth area and
AbCRO, while Webb of the Tysons Corner,
Government.
throughout the state of Texas.
Va., office of Squire, Sanders & Dempsey
The Weil Gotshal trial team, headed
served as legal counsel to AbCRO and its
by Frongillo, conducted the cross-
Will Lindsey recently closed his office in
shareholders.
examination of the Government’s key
Salem, Va., after 27 years of private practice
witness that exposed the Government’s
and joined the Capital Public Defender’s
Pharmaceutical Product Development
suppression of exculpatory evidence.
Office as a senior assistant capital defender.
turned to Mark Allebach ’98 of the
As a result, the district court imposed
The office, based in Christiansburg, is one
Wilmington, N.C., offices of Murchison,
sanctions against the Government during
of four regional offices in the state, and
Taylor & Gibson for its outside legal counsel.
the trial and struck all testimony of the
represents indigent defendants who face
witness against Bettacchi. The jury’s verdict
the death penalty throughout southwest
exonerated him on all charges. Frongillo
Virginia.
Not to be left “un-Wahooed,” however,
1982
leads Weil Gotshal & Manges’ litigation
practice in the firm’s Boston, Mass., office.
Jay M. Tannon has helped create a new
transatlantic clean energy fund called
Joe Dischinger is vice president of the
Colorado Bar Association. Dischinger is
Michael Houghton
Novus Energy Partners, with offices in
with Fairfield and Woods in Denver, Colo.,
has been elected chair
Alexandria, Va., and Oslo, Norway. He
where he focuses his practice on water
of the executive
is a founder and outside counsel for the
rights and environmental law.
committee of the
fund. Tannon is a partner with DLA Piper
National Conference
in the Washington, D.C., office, where he
Wendell Fleming has started a new
of Commissioners on
counsels private equity funds and other
job as executive director of the LARRK
Uniform State Laws
businesses on acquisitions and other
(Uniform Law
strategic transactions.
Foundation in Denver, Colo., which
focuses on helping at-risk kids. “I have
Commission). The ULC oversees the
never enjoyed a job this much,” he says. “It
drafting and promotion of uniform state
is especially gratifying to be giving away
laws, including the Uniform Commercial
money during these tough times.”
Code, Uniform Probate Code, and
Uniform Securities Act.
Thomas C. Frongillo was the lead attorney
Since first appointed to the ULC from
1983
James P. Cox III has
been selected for
in United States v. W.R. Grace, et al., an
Delaware in 1995, Houghton has served
inclusion in Virginia
11-week federal criminal jury trial in
on drafting committees, as chair of two
Super Lawyers and Best
Missoula, Mont., that resulted in acquittal
committees, and as ULC vice president.
on all counts and was the subject of
He is a partner in the Wilmington, Del.,
newspaper articles throughout the country.
64 | UVA Lawyer • FAll • 2009
Class
Notes
Lawyers in America 2010. He practices with
Jeff Horner has been selected for inclusion
John Serpe recently
Michie Hamlett Lowry Rasmussen & Tweel
in Best Lawyers in America 2010 in the
opened Serpe, Jones,
in the Charlottesville office, where he
area of education law. He is a partner in
Andrews, Callender &
focuses on estate planning and
the Houston, Tex., office of Bracewell &
Bell in Houston, Tex.
administration, estate litigation, and real
Giuliani.
The firm handles all
estate.
areas of litigation with
Robert Maguire has joined Perella
special expertise and
Stephen S. Edelson earned an MBA from
Weinberg Partners as a partner in the firm’s
Stanford after Law School and has been
corporate advisory group in the London
malpractice, health law, and commercial
a biotech and clean tech entrepreneur
office. Maguire provides strategic advisory
litigation.
since then. Currently he is co-founder and
services to clients in the global energy
president of FogGusters, Inc., which has a
sector. Prior to joining the firm, Maguire
novel, eco-friendly technology to remove
was active in the global energy markets for
fat, oil, and grease (FOG) from oil refinery
over 20 years, including his tenure at Basin
and food factory wastewater so the FOG
Capital Partners, where he continues to
can be used to make biodiesel — “cash
serve on the advisory board. Prior to Basin
from trash.” Edelson has also founded and
Capital, Maguire was an investment banker
headed companies in “precision farming”
in Morgan Stanley’s energy group.
experience in medical
(using GPS to grow crops using less
water, fuel, and fertilizer) and in electric
Wayne Moore,
power efficiency (digital filters that clean
associate professor of
“polluted” AC electricity). Steve, his wife,
political science in the
Meg, and their daughter live in the San
College of Liberal Arts
Francisco, Calif., area.
and Human Sciences
at Virginia Tech,
Patrick O. Gottschalk is nearing the end of
his four-year term as the Virginia Secretary
received the
University’s 2009
A fond memory from the class of 1983’s 25th reunion
in 2008: (from left) Craig Van de Castle, Frank
Vecella, Jeff Oleynik and Bob Latham.
of Commerce and Trade. Thus far in
Alumni Award for Excellence in
Governor Tim Kaine’s administration,
Undergraduate Academic Advising.
Craig Garett Van de Castle passed away
more than 70,000 jobs have been created
Recipients may be nominated by faculty
on August 2 from pancreatic cancer. As an
and over $11 billion invested in Virginia.
members or students, and are selected by a
undergraduate at UVA he was an Echols
committee of former award winners.
Scholar and lived on the Range. Craig
Lee Guerry married Witney Schneidman
Moore has served as a pre-law adviser
graduated with a B.A. in history and won
on November 15, 2008, in Alexandria,
for the Department of Political Science
a scholarship from the Victorian Society
Va., with a reception at the Mayflower
since joining the Virginia Tech faculty in
for the study of Victorian architecture in
Hotel in Washington, D.C. Lee has two
1992 and has been the university’s sole
England. After law school he clerked for
stepchildren: Sam, a junior at Sewanee in
pre-law adviser since 2003. He also teaches
Ellen V. Nash and practiced with Wood
Tennessee, and Ellie, a sophomore at St.
constitutional law for the department.
and Stone until 1986, when he joined the
Joe’s in Philadelphia, Pa. Lee is with Keller
Williams Realty in Alexandria.
National Legal Research Group, where
Julie K. Oldehoff has
he specialized in the law of governmental
joined Greenspoon
bodies.
Craig was one of the first garden
Don K. Haycraft has
Marder in the firm’s
been selected for
West Palm Beach, Fla.,
guides at Monticello in 1984 and became
inclusion in Best
office, where she
a gardener there in 1987. In 1994 he
Lawyers in America
focuses her practice in
became a groundskeeper at the University,
2010 in the areas of
commercial litigation
maintaining Monroe Hill, the Lawn,
maritime law and
and collections and
Pavilion gardens, and the cemetery. In
personal injury
appellate law.
1997 he became a private landscaper
litigation. He is a
and worked on estates in the counties
shareholder in the New Orleans, La., office
surrounding Charlottesville. The work he
of Liskow & Lewis.
loved the most was the 36 years of blood,
UVA Lawyer • Fall • 2009
| 65
Class
Notes
Reunion Weekend
EACH MAY the Law School Alumni Association hosts
Law Alumni Weekend 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.
66 | UVA Lawyer • FAll • 2009
Class
Notes
Number of
people in town for LAW
1187
(the most ever)
Number of Mint
Juleps consumed at the Kentucky Derby
party
Pounds of
Number of
250+ (we lost count)
BBQ enjoyed at the picnic
174
kids who were dazzled by the magician
or had their faces painted
130+
‘Hoos who picked up some historic facts on the
“Hoo Knew Tour” of the Grounds
Largest gift for reunions
121
Class of 1979
Most participants in class gift Class
of 1974
Number of dancers at the Saturday night after party
500+
Belgian waffles consumed at Sunday brunch
225
(at the very least)
#1 reason Law alumni return for LAW
to see old friends and classmates
UVA Lawyer • Fall • 2009
| 67
Class
Notes
sweat, and tears that he put into Blackberry
Mark Mamantov has
and singles, both gay and straight, have
Hill Farm, where he created an extensive
been named as one of
children through surrogacy and egg
series of trails, rock walls, terraced lawns,
the 101 most
donation. Circle Surrogacy has had about
and flower beds throughout the beautiful
influential people in
300 children born through its program and
40 acre farm in Crozet.
commercial real estate
expects another 100 or so this year. Last
in Tennessee by
year alone, the agency was featured in the
BusinessTN magazine.
New York Times, the Wall Street Journal,
The magazine has
the front cover of Newsweek, the London
Craig is survived by his brothers, Keith
of Nashville, Tenn., and Drake of Crozet,
and his father, Robert, of Charlottesville.
named him one of the best lawyers in the
Times, CNN, and many other magazines,
Missy Young, who is no longer at
state of Tennessee every year since 2004,
newspapers, radio stations, and television
Monticello, traveled to England this
and has recognized him as one of
programs worldwide. Circle Surrogacy
summer and had lunch with Bob Maguire
Tennessee’s leaders in commercial real
has clients from nearly 40 countries and
in London. Bob’s wife, Katherine Bucknell,
estate since 2007.
has been growing even in this time of
economic crisis.
is a literary scholar and novelist. All
three of their children are accomplished
Winsor Schmidt LL.M. has been
musicians: son Bobby just graduated from
appointed Endowed Chair/Distinguished
Cambridge, daughter Lucy has begun
Scholar in Urban Health Policy at the
studies at the New England Conservatory,
University of Louisville. He is also
and 10-year-old Jack follows in his siblings’
professor of psychiatry and behavioral
Paul A. Lombardo and his research on
footsteps as a talented violinist.
sciences, and professor of family and
state-sponsored sterilizations were the
geriatric medicine, at the University’s
focus of a full-length cover story in USA
School of Medicine, and professor of
Today on June 24.
1984
health management and systems sciences,
1985
Reunion Year
For nearly 30 years Lombardo
at the University’s School of Public Health
has delved into the facts involved in
Jeanne Bynum Hipes opened Hipes Law
and Information Sciences. Schmidt was
the Buck v. Bell case in which the U.S.
in Alpharetta (metro Atlanta), Ga., in July
previously professor of health policy and
Supreme Court ruled it was legal for
2008. Hipes Law (www.HipesLaw.com)
administration, and chair, Department
the State of Virginia to order the tubal
consists of four seasoned trial lawyers who
of Health Policy and Administration, at
ligation of Carrie Buck because she was
focus on the representation of business
Washington State University.
deemed “feeble minded.” His book, Three
Generations, No Imbeciles, published in
executives and professionals in disputes
involving employment and commercial
Bill Stuntz reports that in the spring of
2008, presents his careful research on Buck,
business matters.
2008 he was diagnosed with advanced-
the first victim of a 1924 sterilization law,
stage cancer. So far, his treatment is
and the history of eugenics in the United
Sarah P. Clement is an administrative
going well. Stuntz is on the law faculty at
States.
judge with the U.S. Merit Systems
Harvard University.
Lombardo is professor of law at
Georgia State University’s College of Law,
Protection Board in Alexandria, Va. She
still sees Joanne Schehl ’84 and Kathleen
John Weltman continues his practice as
where he teaches courses in the history of
Nilles ’85, who also live and work in the
a commercial litigator, handling business,
bioethics, genetics and the law, and mental
D.C.-area.
real estate, and art-related disputes across
health law and legal regulation of human
the U.S. and abroad. He recently won an
research.
Clement’s work involves adjudicating
employment appeals of Federal employees.
international arbitration involving burn
She reports that the work is “very
unit facilities for oil workers in Algeria and
Andrew J. Morris has joined the
interesting, involving lots of human
is now handling a hedge fund partnership
Washington, D.C., office of Carr
interest stories.”
dispute with mediation in London.
Maloney, where he focuses his practice
Weltman writes that he and his
on commercial litigation and government
Jory Hingson Fisher is a certified life and
husband, Cliff, were one of the first gay
investigations with emphasis on high-
career management coach in Lynchburg,
couples in the country to have children
stakes disputes involving financial
Va. (www.joryfishercoaching.com) Jory also
through surrogacy. Shortly following the
reporting, professional liability, securities
practices law part-time as a child advocate
birth of his second son, Weltman founded
fraud, and corporate governance. He was
and as a collaborative family practice
a surrogate parenting agency, now called
previously with Mayer Brown.
attorney.
Circle Surrogacy, to help other couples
68 | UVA Lawyer • FAll • 2009
Class
Notes
Christine Thomson
William M. Ragland,
services in Eliot Spitzer’s administration.
has been selected for
Jr., has been named to
Baker previously served as executive vice
inclusion in Best
the first-ever IAM
president of the Medicare Rights Center
Lawyers in America
250 — The World’s
from 1994-2001.
2010. Thomson is in
Leading Strategists. The
the Charlottesville
list, compiled by
Craig Fishman continues to work in
office of Michie
Intellectual Asset
the financial markets department in
Management magazine,
the Washington, D.C., office of Orrick
Hamlett Lowry
Rasmussen & Tweel, where her practice
recognizes the world’s top 250 attorneys,
Herrington. He still runs and enjoys free
focuses on medical malpractice. She also
financiers, and consultants who work with
time with his wife, Shari, and playing with
represents plaintiffs in products liability
intellectual property owners to increase the
his son, Jamie (7).
and other personal injury actions and legal
value of their IP portfolios. Ragland is in the
malpractice in handling medical cases.
Atlanta, Ga., office of Womble Carlyle
Kim Michele Keenan was sworn in as
Sandridge & Rice, where he focuses his
the newest president of the D.C. Bar at
Joyce White Vance was nominated by
practice on complex business litigation,
its annual business meeting and awards
President Barack Obama and approved
intellectual property litigation, and licensing
dinner on June 25. Keenan is the principal
by the Senate Judiciary Committee for
and technology matters.
of the Keenan Firm, where her practice
U.S. Attorney for the Northern District
focuses on complex medical malpractice
of Alabama. Vance has been with the U.S.
litigation and litigation consulting. She
attorney’s office in Birmingham since 1991
1987
for four years.
1986
was listed among Washington, D.C.
Super Lawyers. She was also listed as
and served as chief of its appellate division
Tom Angelo’s firm, Angelo & Banta, was
one of the Top 50 Women Washington,
highlighted in a July 6 article in the Wall
D.C. Super Lawyers and as top lawyer by
Street Journal entitled, “Midsize Law Firms
Washingtonian Magazine.
Pick Up Clients as Companies Turn From
Pricey Giants.” The piece reported on how
In January Neil McKittrick became one of
William W. Eigner has been selected by
the current economic crunch has sent
the founding shareholders in the Boston
his peers as a top attorney in San Diego
some hard-hit businesses to seek smaller
office of Ogletree, Deakins, Nash, Smoak &
County, Calif., in the area of corporate
law firms for legal work. AutoNation Inc.,
Stewart, a national labor, employment, and
transactions, as featured in the San Diego
the largest car dealership chain in the U.S.,
litigation firm with 35 offices in the U.S.
Daily Transcript. Eigner is a partner in the
hired Angelo & Banta to handle the legal
Previously McKittrick had been a director
San Diego-based firm of Procopio, Cory,
work for the company’s move across town.
of Goulston & Storrs for seven years and,
Hargreaves & Savitch.
Angelo was listed among the Legal Elite
before that, a partner at Hill & Barlow.
in Florida Trend Magazine for 2009 and is
Liz Espin Stern travels a good deal and
listed among South Florida’s “Top Lawyers
R. Hewitt Pate was tapped by Chevron to
enjoys her global practice in immigration
in Real Estate and Corporate Law” for 2009
become its general counsel. Pate had been
law at Baker & McKenzie in Washington,
in South Florida Legal Guide. He was also
global competition group head in Hunton
D.C. “Time flies,” she says, noting that
selected for the list of Florida Super Lawyers
& Williams’ Washington, D.C. office, after
in the area of real estate.
serving as head of the Department of
her children, Alex and David, are 15 and
Justice’s antitrust division.
10. She reports that she and her husband,
Michael, are really enjoying this period in
Joseph Baker is president of the Medicare
their lives.
Rights Center, a national nonprofit
Samuel B. Sterrett, Jr., has joined Blank
consumer organization that works to
Rome as partner in the mergers &
Richard A. Mills has been selected for
ensure access to affordable health care for
acquisitions and private equity group in
inclusion in Best Lawyers in America 2010
older adults and people with disabilities
the firm’s Washington, D.C., office. He was
in the area of education law. He was also
through counseling, education programs,
formerly with Foley & Lardner.
listed in Connecticut Super Lawyers in the
and public policy initiatives. He was
area of employment and labor law. He is a
deputy secretary for health and human
Benjamin Webster has joined Littler
partner in the Hartford office of Shipman
services in New York Governor David
Mendelson as managing shareholder in the
& Goodwin.
Paterson’s administration and assistant
Sacramento, Calif., office, where his practice
deputy secretary for health and human
UVA Lawyer • Fall • 2009
| 69
Class
Notes
Lewis ’89 is Ebony “Unsung Hero”
Dr. Shireen Lewis ’89 received an “Unsung Hero” award from
quite young. That mentoring relationship profoundly changed my
Ebony magazine, for making a difference for children, schools, and
life and boosted my self esteem to such an extent that I went on to
communities. Lewis is the executive director of EduSeed and founder
excel in college, earn a law degree, and a Ph.D.”
of its SisterMentors program, based in Washington, D.C.
Lewis’ career includes almost 30 years of mentoring and
SisterMentors’ women and girls are African Americans, Latinas,
Asian Americans and immigrants. The program helps doctoral
coaching women and girls. Through SisterMentors, Lewis has helped
candidates to complete their dissertations and get their doctorates.
32 women of color earn doctorates and two groups of girls of color
The women in turn, while in the program, give back by mentoring
get into college, including to Duke University, Goucher College,
girls of color from disadvantaged backgrounds, inspiring girls to stay
and Bates College. Many of the women graduates now serve roles
in school, do well and go to college. They serve as role models for
in communities in the U.S. and abroad, including as leaders of
women of color who have achieved academic success despite the
nonprofits and professors at universities.
odds.
“The impetus for my work,” said Lewis, “is my experience
This spring, Lewis brought a group of elementary, middle, and
attending the first school in my village in Trinidad and Tobago. It was
high schools students from the Washington, D.C.-area to spend two
there that I was mentored by a young woman teacher when I was
days at the University.
SISTERMENTORS VISIT CHARLOTTESVILLE
By Shireen Lewis ’89
“An awesome man,” said one of the girls in describing University
President John Casteen, who took time out of his busy schedule to
meet with 23 girls taking part in the SisterMentors program. The
girls sat in President Casteen’s office as he talked about Thomas
Jefferson and his vision for the university. He explained that
students from all over the world attend the University, and shared
that he had recently returned from a trip to China where he met
with parents of students.
The girls were comfortable enough to ask questions — one
even attended a science class designed specifically for them —
wanted to know if there are equestrian events at the University,
learning to make ice cream using liquid nitrogen. In addition to
while another asked if the University has a particular specialty —
the arts and sciences courses, the girls attended a law class with
to which the president said most students undertake arts and
Professor Darryl Brown ’90.
sciences courses. The president shared a story about his daughter,
who graduated from UVA in five years with a bachelor’s degree
and a degree in teaching.
One of the last questions asked was why one should choose
The Law School Through Young Eyes
The visit to the Law School was special for the girls, as many
of the younger students want to be lawyers. Professor Brown
UVA. The president said that first-year students would find an
designed and taught a criminal law class for them. Like law
interesting mix of people and would have fun doing so. At the
students, the girls sat in a classroom to read a case and examine
end of the meeting, President Casteen presented the girls with Girl
a statute. They were thrilled as they responded to questions on a
Scout cookies as they presented him with a thank you gift.
criminal case used with first-years, Martin v. State. Brown asked
Attending Classes
case, and where the case was in the court system. The group then
the students to identify the plaintiff and defendant, the type of
On the second day of their visit, the group attended classes in
international relations, drama and theatre, and sociology. They
70 | UVA Lawyer • FAll • 2009
analyzed the statute under which the defendant was convicted. ❚
Class
Notes
will focus on labor and employment. Webster
Los Angeles with his wife, Amy, and their
Leo Kane works at the Financial Industry
had been with Pillsbury Winthrop Shaw
3-year-old daughter, Paige. He is working
Regulatory Authority - Enforcement to
Pittman for 21 years.
on a new novel and a children’s book.
protect retirement accounts. He lives in
Bethesda, Md., with his wife, Carol, and
Irene Daisy Williams, aka author Treva
In September Colleen
three daughters, Elise (12), Julia (10), and
Harte, was featured in the style section
Marea Quinn moved
Lauren (8).
of the Washington Post on June 28. The
her adoption,
article traces her journey from U.S. Patent
surrogacy, and
Willis Lanier has completed a judicial
and Trademark Office attorney to novelist,
personal injury law
clerkship for the Virginia Court of Appeals,
editor-in-chief, and co-owner of Loose Id,
practice to Locke,
and has worked in the private sector as a
an e-publishing company that specializes
Partin, DeBoer &
corporate in-house counsel. He is happily
in romance laced with paranormal events.
Quinn. She was
married with four children. He enjoys
Williams co-founded the company
selected by Virginia Super Lawyers
environmental activism and is interested in
in 2004 after a frustrating experience
magazine as one of the class of 2009
all that life has to offer.
getting her first digital novel published.
leaders in the law. Her practice (including
She streamlines the publishing process
the Adoption & Surrogacy Law Center and
and revels in taking on titles that more
Women’s Injury Law Center) was a finalist
established publishers would probably
for the Altria Rising Star Award in June
turn away. She runs the thriving company
2009 at the Richmond National
Mary Bauer was
(more than 1 million books sold, most
Association of Women Business Owners
recently named the
online) from her home in Falls Church, Va.
Enterprising Women of Excellence Awards.
legal director for the
1990
Reunion Year
Southern Poverty Law
Matt Myers and his wife, Daisy, recently
Center in Montgomery,
began their second tour as a diplomatic
Ala. She will guide the
family. Matt retired from the U.S. Army
course of SPLC’s legal
John M. Cooper has
JAG Corps in June 2007, served a tour
advocacy, including
been appointed as
of duty as a diplomat in Ciudad Juarez,
litigation in state and federal courts, public
designated legal
Mexico, and is now a consular officer at the
policy advocacy, and legislative reform.
counsel for the
U.S. Embassy in Manila, Republic of the
Bauer has directed the Center’s Immigrant
Transportation
Philippines.
Justice Project since it began in 2004,
1988
overseeing lawsuits aimed at protecting the
Communications
International Union.
Cooper is in the
1989
rights of migrant workers, immigrants, and
foreign guest workers. She has served as
legal director for the Virginia Justice Center
Virginia Beach office of Shapiro, Cooper,
Lewis & Appleton, where he focuses his
Elissa Cadish was appointed as a district
for Farm and Immigrant Workers and for
practice exclusively on personal injury and
judge in Las Vegas, Nev., in the summer of
the Virginia ACLU and has testified before
wrongful death cases, primarily on behalf
2007. She successfully ran to retain her seat
Congress on issues concerning the
of railroad industry employees under the
in 2008 and began serving a six-year term
exploitation of migrant workers in the U.S.
Federal Employers Liability Act.
in January 2009. She now handles civil and
criminal cases of all kinds.
Richard Forsten has joined Saul Ewing
1991
as partner in the firm’s Wilmington,
In November Joan Cohen successfully
Del., office, where he focuses his practice
ran for a seat in the Maine House of
Matthew Pachman has been named to
in the areas of land use and land use
Representatives. In December her husband,
the 2009 Attorneys Who Matter list by the
litigation and commercial and real estate
Jim, retired after 6 years on the Portland
Ethisphere Institute, an international think
transactions and litigation.
City Council, including a term as mayor.
tank dedicated to creating and sharing best
On winter weekends, Cohen and her
practices in business ethics and corporate
Michael Kun is the national chairperson
husband ski at Sugarloaf with their two
social responsibility. The list recognizes
for Epstein, Becker and Green’s wage-
sons, Spencer (12) and Devon (8).
legal professionals who have advanced the
hour and class action practice. He lives in
cause of corporate ethics and compliance
inside and outside their organizations.
UVA Lawyer • Fall • 2009
| 71
Class
Notes
Pachman is vice president for ethics
of Andrews Kurth, where she focuses on
Management. The couple lives in London
and compliance at Freddie Mac in the
the areas of antitrust litigation and
with their three children, Zoe (8), Liesel
corporation’s McLean, Va., office.
counseling, class actions, and other
(6), and Atticus (4).
complex commercial and business
Ken Paxton was re-elected to the Texas
litigation matters.
1994
House of Representatives in November 2008
and recently completed his fourth legislative
session. He currently serves on the ways and
1993
Fran Cannon Slayton’s recent book, When
means committee and the house land and
the Whistle Blows (Philomel Books/Penguin,
resource management committee. Paxton
Amy Y. Jenkins has
June 2009), has been voted one of the top
also operates a private practice, specializing
been named one of the
ten recommended children’s books for fall
in estate planning, probate, real estate, and
top attorneys in South
by independent booksellers. Visit Fran at
general business matters. He and his wife,
Carolina by South
www.FranCannonSlayton.com.
Angela, and their four children currently
Carolina Super Lawyers
reside in McKinney.
magazine. She was also
Amelia A. Fogleman
selected for inclusion
has been included in
in the 2009 and 2010
Best Lawyers in
1992
editions of Best Lawyers in America.
America 2010 in the
Jenkins is in the Charleston office of
areas of antitrust law,
Patrick Jackman has joined the
McAngus Goudelock & Courie, where
appellate law, and
international tax practice at Weil Gotshal
employment law is the focus of her
commercial litigation
& Manges as partner in the New York
practice.
law. She is a
shareholder with GableGotwals in the
office. Jackman was previously with
Merrill Lynch, where he concentrated on
Robert J. Schmidt, Jr., has been recognized
improving the tax efficiency of cross-
by Chambers USA 2009 as one of Ohio’s
border operations.
leading lawyers in the area of natural
Stephanie Shepard Cobb is general
Tulsa, Okla., office.
resources and the environment. He
counsel of the investment firm, New
Paul G. Lannon, Jr., has been appointed
is listed in Best Lawyers in America
Amsterdam Capital Management, in
chair of the board of editors of the Boston
in environmental law and has been
London, where she lives with her husband,
Bar association’s publication, the Boston Bar
recognized as an Ohio rising star by Ohio
Shane ’93, and their three children, Zoe
Journal. The quarterly magazine features
Super Lawyers. He represents clients in all
(8), Liesel (6), and Atticus (4). Shane is
news, analysis, and opinion for lawyers
major environmental programs, including
general counsel of Circle, a private hospital
in nearly every area of practice. During
the Clean Water Act, the Clean Air Act,
group in the UK.
his three-year term, Lannon will lead the
emergency planning, Superfund sites, solid
board in selecting and editing articles for
and hazardous waste, and agricultural
Richard L. Winston has been recognized
publication. He is a partner in the litigation
issues. Schmidt is in the Columbus office
as a leading U.S. international tax lawyer
section of Holland & Knight.
of Porter Wright Morris & Arthur.
in the 2009 edition of Chambers Global:
The World’s Leading Lawyers for Business.
Kay Lynn (Vincent)
Wendy Silliman is a partner in the real
Brumbaugh has been
estate section of Troutman Sanders in
recognized as one of
Atlanta, Ga., where her practice centers
the top 15 business
primarily on cellular communications. She
defense lawyers in
is married to R. Todd Silliman, who is a
Dallas in The
partner in the environmental section of
Defenders, a
McKenna Long & Aldridge. They have two
publication of the
children.
Winston is a partner with K&L Gates in the
WANTED:
A few good annual giving
volunteers
Join the Law School’s volunteer team.
Dallas Business Journal. She has also been
listed as a leading antitrust lawyer in Texas
Shane Shepard Cobb is general counsel of
Contact Helen M. Snyder ’87
by Chambers USA, America’s Leading
Circle, a private hospital group in the U.K.
helensnyder@virginia.edu
Lawyers for Business in 2007–09.
Stephanie ’94 is general counsel of the
Brumbaugh is a partner in the Dallas office
investment firm New Amsterdam Capital
72 | UVA Lawyer • FAll • 2009
434-924-4668
Class
Notes
Miami, Fla., office, where his international
Amy Tisinger was recently sworn in as
Kathleen Grillo is senior vice president
tax practice focuses mainly on Europe and
the newest judge on the 26th General
of federal regulatory affairs for Verizon,
Latin America.
District Court. She was selected by the
becoming the company’s main advocate
Virginia General Assembly, becoming
on policy issues before the Federal
the first woman to sit on the 26th district
Communications Commission. She joined
bench, and will serve a six-year term.
Verizon in 2002 as counsel in the legal
She previously served as the Shenandoah
department’s federal regulatory group and
County Assistant Commonwealth Attorney.
became vice president of federal regulatory
1995
Reunion Year
In March Trey Cox
affairs in 2003.
tried and won a
trademark case on
Peter S. Vincent has
behalf of Mary Kay.
been appointed
Gregory L. Maurer recently spoke at the
After a two-week trial,
principal legal advisor
Indian Institute of Science in Bangalore on
the jury found in his
for U.S. Immigration
“The Global Future of Software Patents.”
client’s favor on all
and Customs
He is a partner in the Portland, Ore.,
counts, finding
Enforcement (ICE),
office of Klarquist Sparkman, where his
trademark infringement and willfulness,
U.S. Department of
practice focuses on computer-related and
and forfeiting the defendant’s profits for
Homeland Security. In
bioinformatics patent applications and
the past three years.
Cox has recently been honored with
this position, he oversees the largest legal
business methods and intellectual property
program in DHS, supervising nearly 1,000
counseling.
an invitation to join the Litigation Counsel
attorneys across the country who are
of America, a trial lawyer honorary society
responsible for representing ICE in
representing less than one-half of one
removal proceedings before immigration
percent of American lawyers. He has also
courts and the Board of Immigration
been recognized in Chambers USA 2009
Appeals. He also advises ICE’s numerous
as a leading lawyer in general commercial
enforcement components on issues
litigation. He is in the Dallas, Tex., office
ranging from customs law to Fourth
of Lynn Tillotson Pinker & Cox, where his
Amendment search and seizure issues.
practice focuses on business disputes.
Vincent previously served as the judicial
attaché at the U.S. Embassy in Bogotá,
J. Travis Laster has been nominated
Colombia.
by Delaware Governor Jack Markell to
serve as Vice Chancellor on Delaware’s
Court of Chancery. Laster practices in
1996
the Wilmington, Del., office of Abrams
Erik Petersen and his wife, Andrea, welcomed
their daughter, Marley Joan Petersen (9 lbs.,
10 oz.), into the world on July 14. Mother and
& Laster, a corporate and business law
Cory C. Caouette has been appointed to
boutique firm he co-founded in 2005.
the board of governors of the American
daughter are doing fine.
Immigration Lawyers’ Association and
Mark H. Vacha recently gave a presentation
Anne H. Littlefield has been selected
continues to manage his own Southern
entitled “The Current U.S. Economy and
for inclusion in Best Lawyers in America
California immigration practice. He
Its Impact on Local Government” at the
2010 in the area of education law. She is a
was instrumental in founding By Sea
Government Finance Officers Association
partner and current chair of the labor and
Immigration Services in 2002, and has
of Pennsylvania’s east regional chapter
employment department in the Hartford
represented clients from more than 40
meeting in Villanova. In July he presented
office of Shipman & Goodwin.
countries in immigration matters. His
a talk entitled “Bedrock Tools - Bonds
clients include sole proprietors, athletes,
and the Basics” at a seminar in Allentown
Shannon Nash and her husband were
entertainers, business investors, Fortune
organized by the Pennsylvania State
featured in a Black Enterprise magazine
500 companies, and corporate executives.
Association of Township Supervisors and
article on their family’s approach to
Catherine ’04 has returned to the
the Council of Development Finance
financial matters.
employment and labor division of Paul,
Agencies on the fundamentals of economic
Hastings, Janofsky & Walker in San Diego
development. Vacha is a partner in the
following maternity leave after the birth of
public finance group of Dilworth Paxson
their son, Kieran.
in Philadelphia.
UVA Lawyer • Fall • 2009
| 73
Class
Notes
1997
Jennifer Morgan DelMonico was recently
is of counsel with Troutman Sanders in
elected as the secretary and general
Richmond, Va., where her practice focuses
counsel of the Greater New Haven (Conn.)
on pharmaceutical and medical device
Chamber of Commerce. She has served
products liability litigation. Melissa is
on the Chamber’s board of directors since
currently the chair of the Defense Research
2005. She is a partner at Murtha Cullina in
Institute’s Young Lawyers Committee,
New Haven.
which has over 4,000 members nationwide.
Heather Podesta was recently included
Glenn Saks was
in the National Law Journal’s list of 40
recently interviewed on
lawyers under 40 in the Washington,
National Public Radio’s
Kate Henderson Day and Jonathan Day ’99
D.C., area who are expected to play a
Marketplace report and
welcomed their second child, Charles Clark
major role in the nation’s capital in the
on WLRN’s Miami
Day, in January. Charlie joined his big
years to come. Editors with the National
Herald News about the
sister, Molly (3), for fun and games in
Law Journal made their selections based
mortgage foreclosure
Houston, where the Days live and work.
on reporting and nominations. Podesta
Kate is a finance partner at Bracewell &
is head of Heather Podesta + Partners,
impacts tenants. He is of counsel in the
Giuliani, and July marked the two-year
which lobbies on key Congressional
Miami, Fla., office of Assouline & Berlowe.
anniversary of Jonathan’s litigation and
issues, including climate change, financial
general practice firm, Day PLLC (www.
regulatory reform, economic stimulus, and
daypllc.com).
health care reform. She started her firm in
crisis and how it
1998
2007 and already represents well-known
Kevin W. Holt has been selected for
corporations, including U.S. Steel and Eli
Ann Ayers reports that a group of
inclusion in Virginia Super Lawyers and
Lilly & Co.
alums — all greatly missing, inter alia,
magazine in the area of business litigation.
Melissa Roberts Tannery and her
gathered at Marylou Brown Houston’s
He is a partner with Gentry Locke Rakes &
husband, Joe, proudly announce the birth
house in Denver, Colo., in July for a
Moore in the Roanoke office.
of their daughter, Hollis Sterling Tannery.
summer barbecue.
named a rising star by Law & Politics
their close friend, Ned Scharfenberg —
She joins big brother, Austin (5). Melissa
In May David Chung was sworn in as chair
for the Commission on Asian and Pacific
Islander Affairs. The organization’s mission
is to ensure that health, education,
employment, social services, business
information, and programs and services
are available for the Asian and Pacific
Islander community in the District of
Columbia.
A group of alums gathered at Marylou Brown Houston’s house in July in Denver, Colo., for a summer
BBQ. Pictured: Front Row: Charlie May (2), Craig May ’98, Harris May (4, in lap), Davis Long (holding
bat, 4), Magnus Houston (holding glove, 4) Second Row: Katie van Heuven ’99, Ryan Ritacco (3),
Ann Ayers ’98, Tate Ritacco (1), Coates Lear ’98, Valerie Long ’98, Don Long ’97, Davis Long (7)
Back row: Marylou Houston ’98, Wyatt Houston (1)
74 | UVA Lawyer • FAll • 2009
Earsa Jackson has been named among
the best business lawyers in Dallas, Tex.,
in the area of franchise and development
Class
Notes
by D magazine. She was also recently
anniversary of Jonathan’s litigation and
Stanley Panikowski was selected by San
recognized as a leading franchise lawyer in
general practice firm, Day PLLC (www.
Diego Metropolitan magazine as one of
the sixth annual Legal Eagle poll conducted
daypllc.com).
its “40 Under 40” honorees for 2009,
recognizing him as “one of the brightest
by Franchise Times. She is a partner with
Strasburger and Price in the firm’s Dallas
Darren Dragovich and Parker Whitfield
and most enterprising young people in San
office, where she leads the franchise and
Dragovich welcomed their first son,
Diego County.” Panikowski is a partner
distribution group.
Josiah Charles, in November, joining his
in the San Diego office of DLA Piper,
two big sisters, Reese and Sydney. Darren
where his practice focuses on intellectual
Jeff Kreisler’s first book, the satire Get Rich
serves as counsel at Western Union and
property, antitrust, and other areas of
Cheating, was published by Harper Collins
Parker practices at Holland & Hart in
business litigation.
in June. He misses his Law School friends
Englewood, Colo.
and lives in New York City. (See In Print)
In November 2008 Kathleen Evey Walters
was asked by the Department of the Treasury
1999
to assist in developing a compliance
program for the Troubled Asset Relief
Carlos Brown and his wife, Tamara,
Program. After completing her temporary
welcomed a new daughter, Chelsea Joanne,
assignment at Treasury in April, she
in September 2008. Carlos recently ran for
returned to the IRS, where she serves as
a seat in the Virginia House of Delegates.
the director of privacy and information
protection. In March she was selected to be
In March Jody Calemine was named
a member of the Senior Executive Service,
Sali and Michael Rakower are happy to
general counsel, handling labor issues for
becoming one of the youngest career
announce the birth of their daughter,
the U.S. House Committee on Education
executives in the federal government. She
Rebecca Brooke Rakower, on August 11.
and Labor. He previously served as the
lives in Northern Virginia with her two
Committee’s Deputy Director for Labor
Cavalier King Charles Spaniels, Katie and
Kelly Riordan Horwitz was elected to the
Policy. He and his wife, Daria, welcomed
Charlie.
Tuscaloosa, Ala., Board of Education for
their first child, Annabella, in March 2007.
a four-year term beginning in November.
The American Constitution Society
Kelly recently was admitted to the Alabama
Stephanie Chandler
for Law and Policy has given the first
Bar and continues to work part-time,
has been named a 2009
David Carliner Public Interest Award to
telecommuting as an appellate litigator for
rising star in Texas
Tim Freilich, the legal director of the
Benedon and Serlin of Woodland Hills,
Monthly magazine. She
Charlottesville-based Immigrant Advocacy
Calif. She and her husband, Paul, had a
is a partner in the
Program (IAP). The award honors mid-
son, Isaac, on November 28, 2008. He was
intellectual property,
career public interest lawyers who do
welcomed by his older sister, Samantha.
energy, finance,
advocacy work for marginalized people.
corporate and
During Freilich’s time with the IAP, he has
Riley H. Ross III was elected to the
securities, telecommuni-cations, life
served as co-counsel on a class action suit
board of directors of the newly formed
sciences and medical technology,
on behalf of Hispanic workers brought
Pennsylvania Innocence Project (PIP),
internet/e-commerce, and technology
to America to plant trees under the H-2B
an organization dedicated to exonerating
practice areas in the San Antonio office of
work visa program, and helped promote
persons imprisoned in Pennsylvania
Jackson Walker.
immigrant-friendly policies.
for crimes they did not commit. This is
the first innocence project launched in
Jonathan Day and Kate Henderson
Thomas Funke LL.M. is a partner in the
Pennsylvania. Since the first innocence
Day ’97 welcomed their second child,
Cologne, Germany office of Osborne
project was founded in New York in 1992,
Charles Clark Day, in January. Charlie
Clarke, where he is head of the department
more than 400 individuals serving long
joined his big sister, Molly (3), for fun and
for antitrust & EU law. Thomas, his wife,
prison sentences have been exonerated
games in Houston, where the Days live and
Alexa, and their son, Jonathan, live in
based on DNA analysis. In many of these
work. Kate is a finance partner at Bracewell
Cologne.
cases, the exoneration led to the capture of
& Giuliani, and July marked the two-year
the actual perpetrator. The PIP will operate
UVA Lawyer • Fall • 2009
| 75
Class
Notes
Rakower ’99 Directs New West Point Center
By Rebecca Barns
A few years ago, Sali A. Rakower ’99 co-judged a moot court
Center’s grand opening. Military and judicial experts, economists,
competition at the Law School with Brig. Gen. Patrick Finnegan ’79,
and world leaders addressed a range of issues, including national
the dean of the academic board at West Point. For Rakower, this first
security, international relations, and criminal justice. U.S. Attorney
connection to West Point was an auspicious one. While practicing
General Eric Holder, President Mary Robinson of Ireland, former U.S.
at White & Case and lecturing at West Point, Rakower was asked
Navy General Counsel Alberto Mora, and Her Majesty Queen Noor
to become the director of the school’s new Center for the Rule of
of Jordan were among the keynote speakers.
Law. She did not hesitate. “I jumped at the chance to be part of
Queen Noor described the importance of the rule of law
this historic Center whose mission is so much in line with my own
in securing international peace, and told how her own life has
passions,” she says.
been a journey that bridges two worlds. Her story has personal
meaning for Rakower, who was born
in the Middle East then raised and
educated in the United States. She says
she knows what it means to “traverse
sometimes conflicting cultures and
worldviews and learn to harmonize
the best from both worlds.”
“It’s a profound honor for me to
be the Center’s first director,” says
Rakower, whose background as an
Iraqi-American and opportunities
for world travel have given her an
invaluable perspective on how the
rule of law can impact domestic and
international affairs. In 2002 she served
in the prosecutor’s office of the U.N.
International Criminal Tribunal for
Sali Rakower ’99 and Her Majesty Queen Noor of Jordan at West Point before the Queen’s address on the
importance of the rule of law in securing international peace.
Rwanda in Tanzania, where she assisted
in prosecuting Rwandan military leaders
for acts of genocide committed in 1994.
The West Point Center for the Rule of Law, the first of its kind
As director, Rakower would like to see the Center have a strong
in U.S. history, was established in 2008 to promote international
influence in shaping U.S. domestic and foreign policy and continue
justice, human rights, and respect for the rule of law in times of war
to provide a wealth of learning opportunities for West Point cadets.
and peace. Its location at an institution renowned for academics
As her first year comes to a close, she has been asked to continue in
and military leadership sends a signal that the United States takes a
her role as Director — an extension she would be happy to accept if
major role in establishing respect for the rule of law everywhere.
the funding for her position is secured.
Issues involving the rule of law — U.S. policy on torture, debate
While at the Center, Rakower is on sabbatical from White &
about what exactly defines torture, and the decision to close the
Case, where her practice focuses on complex litigation involving
detention facility at Guantanamo Bay, to name just a few — are
international law. ❚
among the most hotly debated topics of our time. A significant
component of the Center’s mission is to educate military and nonmilitary leaders in principles of the rule of law as they apply to the
military justice system and civil-military relations.
In April Rakower facilitated a conference to celebrate the
76 | UVA Lawyer • FAll • 2009
Class
Notes
out of Temple University’s Beasley School
and a honeymoon in Greece and Turkey,
David Stuckey has recently been made a
of Law. Ross is in the Philadelphia office of
the newlyweds held a U.S. reception on
senior consultant for expatriate placement
Drinker Biddle & Reath.
May 30 in Dallas, where they reside.
at Hudson Legal in emerging Europe,
Attending the Dallas reception were Toni
with regional responsibility across Central
Anthony M. Russell has been selected for
Thomas Bacon, Steven Geiszler ’01,
and Eastern Europe. He has been asked to
inclusion in Virginia Super Lawyers and
Cortland Kelly Grynwald ’99, Jason
spearhead the company’s expansion into
was named a rising star by Law & Politics
Metcalf, Michael Moore, Karen Randolph
Latin America.
magazine in the areas of personal injury
Rogers ’99, and Kathleen Evey Walters ’99.
and medical malpractice. He is a partner
with Gentry Locke Rakes & Moore in the
Ryan Clinton has been named a rising star
Roanoke office.
for 2009 in Texas Monthly magazine. He is
2002
in the Dallas office of Hankinson Levinger.
Daniel Brozost has
Johanna W. Schneider has been accredited
been named partner at
by the U.S. Green Building Council as
David F. Gieg moved from Atlanta, Ga.,
Raines Law Group in
a LEED™ (Leadership in Energy and
to Charleston, S.C., in May 2008. He is
the firm’s Beverly Hills,
Environmental Design) Green Associate.
at Parker Poe Adams & Bernstein in the
Calif., office, where he
She is one of the first attorneys in the U.S.
business law group with a focus on resort,
focuses his practice on
to earn this designation, which required
hospitality, and planned developments. He has
commercial real estate,
her to demonstrate thorough knowledge
two daughters, Kate (4) and Lindsey (2½).
finance and corporate
of green building design, construction,
matters.
and operations, and an understanding of
Robert D. Probasco has been named
the complex LEED™ certification system.
a rising star for 2009 by Texas Monthly
Earlier this year, Padraic Fennelly left
Schneider is a partner in the Boston, Mass.,
magazine. He is a partner in the Dallas
his position as a litigation partner in the
office of Choate, Hall & Stewart.
office of Thompson & Knight, where he
Washington, D.C., office of Kirkland &
focuses his practice on IRS audits and
Ellis to accept a position as counsel for
appeals and tax litigation.
global law affairs at the Boeing Company.
2000
Reunion Year
Amy Ashton Shaw is an associate in the
Padraic and his wife, Robin, live in
2001
Arlington, Va., with their two children,
Caitlin (10) and Ryan (8).
Cincinnati, Ohio, office of Griffin Fletcher
& Herndon, a real estate boutique firm.
David Bell and his wife, Elizabeth, are
Adam Green recently co-founded the
Her practice focuses on commercial real
pleased to announce the birth of their son,
Progressive Change Campaign Committee
estate, construction, development, and
Andrew Joseph (“AJ”) Bell on February 14.
(see Boldprogressives.org) to help
business entity formation.
Two-year-old Charlotte is excited to be a
progressive Congressional candidates run
big sister. David was recently promoted
effective campaigns and win. The PCCC
to counsel at Crowell & Moring in
has been featured in the New York Times,
Washington, D.C., where he’s a litigator in
Politico, MSNBC, ABC, and the Huffington
the international dispute resolution and
Post. The organization has been praised by
E-discovery & information management
elected members of Congress, including
groups.
Charlottesville’s U.S. Representative, Tom
Perriello.
Stephanie Golden and Eric Menell proudly
welcomed a son, Jake Golden Menell, in
Eric Magnell and his wife, Stephanie
July of 2008.
’03, welcomed Clara Christina Nicole
(5lbs., 13oz.) and Elise Sophia Theresa
Erica Bachmann and Andrew Cerminara
were married on April 18 in Pizzo Calabro
Andrew H. Lippstone has joined Saul
(6lbs., 7oz.) on February 15. All are doing
(VV), Italy. In attendance at the wedding
Ewing in the firm’s Wilmington, Del.,
fine — and are looking forward to more
were matron of honor Elizabeth Kinsaul
office, where he focuses on land use
sleep in the coming months.
Dugas ’01, Jason Dugas ’01, Ryan Farney,
and real estate, as well as transactional
Steven Geiszler ’01, and Kathleen Evey
work and litigation relating to Delaware
Walters ’99. After their Italian wedding
corporate law.
UVA Lawyer • Fall • 2009
| 77
Class
Notes
Najwa Nabti Russo sends news that Paulus
working as a partner at TMI Associates,
Geoff Grindeland has been named a rising
Russo was born August 13, weighing in
specializing in asset finance, project
star by Law & Politics magazine for 2009.
at 3.2 kilograms. Baby, mom, and dad are
finance, financial regulations, corporate
He is in the Seattle office of Mills Meyers
doing well and thank everyone for all their
finance, and international business.
Swartling, where he focuses his practice
on civil litigation, including civil rights,
good wishes and prayers.
Karin Ottens Prangley recently joined the
insurance coverage, business disputes, and
Michael L. Whitlock just celebrated his
law firm of Krasnow Saunders Cornblath in
aviation law.
first wedding anniversary to Monica
Chicago. Her practice continues to focus on
V.M. Arcé-Whitlock. Michael, a federal
wills, trusts, and estates.
John Newby and his wife, Reba, welcomed
Jillian Grace Newby into the world on
prosecutor with the United States
Department of Justice, and Monica live in
On April 5 Stacey Rose Harris and
February 9. Jillian weighed 7 lbs., 9 oz., and
Arlington, Va.
Daniel Harris were married at the Sixth
measured 19.5 inches.
and I Historic Synagogue in Washington,
2003
D.C. Stacey practices commercial and
John is an associate at Arnold & Porter
in Washington, D.C.
civil litigation at DiMuroGinsberg
in Alexandria, Va. Daniel is a family
John A. Sensing has joined Potter Anderson
In December Melissa B. Arbus will receive
physician, and completed his residency
& Corroon as an associate. He is in the
a 2009 Women to Watch award from
at Georgetown University in June. Lori
litigation group in the firm’s Wilmington,
Jewish Women International, a leading
Hildebrand, Rebecca Brown, Alison
Del., office, where he focuses his practice on
organization committed to empowering
Keith, Whitney Smith Pellegrino,
corporate and commercial litigation. He was
women and encouraging leadership. She
Alexander Tuneski, and Heather Faltin ’04
previously an associate at Morris, Nichols,
currently serves as an assistant to the
attended the festivities.
Arsht & Tunnell.
Solicitor General representing the United
States before the Supreme Court. She
Craig D. Story has joined the J.P. Morgan
Sean S. Suder was
previously worked at Latham & Watkins in
Private Bank in New York. He advises
recently certified as a
the firm’s Washington, D.C., office, as an
attorneys on managing their assets, with
LEED™ (Leadership in
associate in the appellate practice group.
emphasis on investments, capital needs,
Energy and
and trusts and estates. Previously, Craig
Environmental Design)
Andy Beshear and his wife, Britainy,
was an investment banker in the M&A
accredited professional
welcomed their first child, William Bradley
group at Citigroup in New York. He also
in new construction by
Beshear, who was born on June 15. William
practiced law in the New York and London
(7 lbs, 1 oz.) is quite healthy. Thus far,
offices of Skadden, Arps, Slate, Meagher
Certification Institute. Certification enables
William enjoys eating, eating, and eating,
& Flom.
him to advise real estate clients on the
and has quickly and effectively altered his
parents’ daytime and nighttime schedules.
Andy is currently practicing at Stites &
the Green Building
regulations and requirements involved in
2004
Harbison in Louisville, Ky.
green building, helping them to navigate the
complex LEED™ certification process. He is
an attorney in the real estate group in the
Catherine Caouette has returned to the
Cincinnati, Ohio, office of Keating
Stephanie Magnell and her husband,
employment and labor division of Paul,
Muething & Klekamp, where he is a
Eric ’02, welcomed Clara Christina Nicole
Hastings, Janofsky & Walker in San Diego
founding member of the firm’s Green Team.
(5lbs., 13oz.) and Elise Sophia Theresa
following maternity leave after the birth of
(6lbs., 7oz.) on February 15. All are doing
son, Kieran.
fine — and are looking forward to more
sleep in the coming months.
Jeremy Sylestine was married on February
23, 2008, to Molly Ann Jorgensen in
Justin Dobbie and his wife, Mary Chris
Austin, Tex. Alba-Justina Secrist and
Dobbie, welcomed their son, Jack, on
Steven Gieseler were both in attendance.
Yoshikazu Noma LL.M. and Ritsuko
August 24, 2008. Justin is an attorney in
Jeremy has been with the Travis County
Noma LL.M. ’06, welcomed their first
the Division of Corporation Finance of the
District Attorney’s office for over two years,
son, Keitarou, on June 2. They thank their
Securities and Exchange Commission, and
and is currently assigned to the family
LL.M. ’03 and ’06 friends for the warm
Mary Chris is an Assistant U.S. Attorney in
justice division, which handles prosecution
congratulations and lovely baby gifts. The
the District of Columbia.
of felony-level child abuse and domestic
family lives in Tokyo, where Yoshikazu is
78 | UVA Lawyer • FAll • 2009
violence cases.
Class
Notes
ALUMNI EVENTS
D.C. Luncheon
More than 100 alumni attended the annual D.C. Luncheon at
the Mayflower Hotel on June 24. As alumni enjoyed a light
lunch, Dean Mahoney introduced Professor John Harrison who
shared an outsider’s inside view of the U.S. Department of State,
where he spent 2008 as a counselor on international law in the
Office of the Legal Adviser.
Richmond Reception
The annual Richmond Reception took place on June 11 at the
Jefferson Hotel. Alumni sampled hors d’oeuvres while catching
up with Law School friends. Dean Paul Mahoney addressed the
crowd of 40 regarding the current
news of the Law School and
answered questions.
D.C., from top right:
From Left: Scott Patrick ’96, Professor John Harrison,
Lindsay Grinols Simmons ’07, and Suzanne Dans ‘96
From Left: Tillman Breckenridge ’01, Ryan Hartman ’05,
Babak Djourabchi ’01, and Monica Welt ‘01
From Left: Janet Schwitzer Nolan ’89, Christine Hines ’98,
and Elizabeth Leverage ‘92
Richmond, from left below:
From left: Patricia Merrill ’92, Henry Chambers ’91,
and Francine Mathews ‘97
Karen Elliott ’86 talks with Calvin Thigpen ’74
Photos by Laura Monroe
UVA Lawyer • Fall • 2009
| 79
Class
Notes
Kathryn Walter recently joined Goldberg
group, where she focuses her practice on
Tiffany Marshall Graves will serve as
Kohn in the litigation, intellectual property,
providing regulatory and legal compliance
president of the Mississippi Women
and labor & employment practice groups
assistance to financial institutions.
Lawyers Association (MWLA) for 200910. MWLA is a statewide organization
in the Chicago office, where she focuses
primarily on general commercial contract
Last year Kristin Johnson Aldred married
founded to enhance the image of lawyers
and tort litigation. She served as clerk
Booth Aldred, a medical student from
in Mississippi, promote fellowship among
to Judge Humphrey Lefkow of the U.S.
her hometown of Dallas, Tex. They live in
the members of the legal community, and
District Court for the Northern District of
Houston, where Kristin is a trial associate
advance women in the legal profession.
Illinois and to Judge Richard D. Cudahy of
at Baker Botts. She was recently named a
In addition to her leadership position
the U.S. Court of Appeals for the Seventh
rising star by Texas Monthly magazine.
with MWLA, Graves will also serve on the
executive committee of the Jackson Young
Circuit.
Dara Zelnick Kesselheim and her husband,
2006
Lawyers Association, an organization that
strives to strengthen the bonds between
attorneys in the Jackson metropolitan area
Dr. Jared Adam Kesselheim, were overjoyed
by emphasizing community, education,
to welcome their first child into the world
On August 26 Jessica Blaemire and her
on July 22. Zachary Morton was born
husband, Peter Thaxter, had their first
and service. Graves is in the Jackson office
at 9:52 p.m., weighing 9 lbs., 7 oz. and
baby, Brynna Campbell Thaxter. She was
of Watson & Eager, where she practices in
measuring 20.5 inches. “The whole family is
7lbs, 13oz., and the whole family is doing
the areas of labor and employment and
doing great,” writes Dara. She is an associate
well. “We are still in Chicago,” Jessica notes,
tort and general litigation.
in the Boston, Mass., office of Choate Hall
“and are loving it.”
& Stewart, where she focuses her practice
Ritsuko Noma LL.M.
in the area of government enforcement and
On May 9, 2009, Diego Blanco Carrillo
and Yoshikazu Noma
compliance.
LL.M. married Alejandra Bartlett, and
LL.M. ’03 welcomed
they are now happily living in Mexico City.
their first son,
Diego joined Ritch Mueller, S.C., last year as
Keitarou, on June 2.
an associate and has been participating in
They thank their
M&A and restructuring deals.
LL.M. ’03 and ’06
2005
Reunion Year
friends for the warm
Andrew Crapol passed away on March
13 from cancer. He was an associate for
Soohye Cho LL.M. started her career as
congratulations and lovely baby gifts. The
Debevoise & Plimpton, first in Washington,
a researcher at the Korean Constitutional
family lives in Tokyo, where Yoshikazu is
D.C., and more recently in New York City,
Court on July 16, after the completion of
working as a partner at TMI Associates,
where he resided. Andy’s family includes
her J.S.D. degree at University of Illinois
specializing in asset finance, project
his wife, Allison Simmons Crapol, parents
in May.
finance, financial regulations, corporate
finance, and international business.
Edward Crapol and Jeanne Zeidler, sister
Heidi Crapol and brother-in-law Milam
Walters, sister Jennifer Sedbrook and
Patricio Pablo Pantin LL.M. has joined
brother-in-law John Sedbrook, brother
Fortunati & Associates law firm in Buenos
Paul Crapol, and sister-in-law Kimberly
Aires. His practice focuses on debt
Simmons.
restructuring and complex litigation.
In recognition of the many friendships
Andy made as a member of the soccer
Juan Pinzon LL.M. is the attorney in
community and his love of “the beautiful
charge of securities and derivatives
game,” a scholarship has been established
for Citigroup in Colombia. He is also
in his name at the College of William &
Xun (Sean) Liu LL.M. and Dan Jin were
due to finish an MBA at INALDE, the
Mary Foundation. (www.AndyCrapol.com)
married on May 17 in Beijing, China. Xun
Management and Business School of
is a senior associate in the Beijing office of
Universidad de la Sabana in Colombia in
Meredith Crowell is an associate attorney
Fangda Partners, a leading Chinese law
June 2010.
in the Tallahassee, Fla., office of Williams,
firm. He is also the marketing director of
Gautier, Gwynn, DeLoach & Sorenson.
the firm. Xun’s wife, Dan, is a TV producer
On May 24, Tom Reece married Jessica
She is in the firm’s corporate compliance
in Beijing. The couple first met not long
Chilson ’08 at Grace Episcopal Church
after Xun returned to Beijing from UVA.
in Charlottesville. Jonathan Light, Will
80 | UVA Lawyer • FAll • 2009
Class
Notes
Solar Powered Lawyers
CREATING NEW MARKETS IN A TROUBLED ECONOMY
When the credit crisis hit Wall Street last year, financing for big and
graduate when he expanded his staff this fall. Sean Conway ’09
small energy projects alike hit major roadblocks. Yuri Horwitz ’06
began working with Sol Systems this summer while he waits to start
had firsthand experience with these problems as a renewable energy
as an associate with Akin Gump Hauer Strauss and Feld LLP next year.
lawyer, and he was determined to help solar energy overcome this
financial hurdle.
Horwitz is the co-founder, President, and CEO of Sol Systems, a
Washington, D.C. based solar energy financing and development
company. “The mission of Sol Systems is to serve as a bridge
“Like many members of the Class of 2009 I had my start date
deferred due to the slow economy,” says Conway, who was a
teammate of Horwitz’s on the men’s track team at the College of
William & Mary where both earned their undergraduate degree.
“I looked at my deferment as an opportunity to gain practical
between the renewable energy and traditional energy sectors with
business experience with an environmental company, and my work
the end goal of making solar energy more affordable,” says Horwitz.
with Sol Systems has exceeded my expectations.”
Horwitz founded Sol Systems with George Ashton, who serves
as Vice President and CFO of the company. “The financing solutions
Conway credits the socially conscious legal work in a business
setting as a top reason for his happiness at Sol Systems.
we offer our customers have a substantial impact on their decision
to purchase solar energy” explains Ashton.
Sol Systems helps customers finance the purchase solar
generation systems, in part, through the monetization of solar
renewable energy credits. Solar renewable energy credits are
tradable commodities that represent the green attributes associated
with solar energy production. Many states now require electricity
retailers to include a certain percentage of solar generated power
within their overall electricity portfolio or pay a hefty fine.
Sol Systems has partnered with solar panel installers to buy solar
credits directly from homeowners and small businesses, allowing the
company to provide electricity retailers with a large-scale solar credit
Sean Conway ’09, left, and Yuri Horwitz ’06
supplier they can trust.
“What makes this so exciting is that Sol Systems is helping to
make solar energy affordable for people all over the country who
“In my first week at the company I was drafting comments for a
only two years ago could not take advantage of this subsidy,” says
state rulemaking proceeding one day and speaking with solar panel
Horwitz.
When Horwitz founded Sol Systems in 2008, the company
was virtually alone in the industry, effectively creating the solar
credit markets in states such as Indiana, Ohio, and Virginia. While
installers about problems on the ground the next,” says Conway. “It is
an interesting mix of responsibilities that I do not think I could have
found anywhere else.”
It does not appear that the work will slow for Sol Systems, either.
competitors have materialized over the past year, Sol Systems
The company currently operates in nine states, including Delaware,
remains the largest solar credit aggregator, an important position in
Indiana, Maryland, New Jersey, North Carolina, Ohio, Pennsylvania,
a market that is estimated to grow to $1.4 billion in the next 10 years.
Virginia, and Washington, D.C., and Horwitz plans to expand to a
With sales reaching over $5 million in a little over a year, Horwitz
number of other states in the upcoming months. In addition, Sol
recently left his job in the renewable energy practice at the law firm
Systems recently began to expand its financing options available
of Alston and Bird, LLP in Washington, D.C. to focus his attention on
to potential solar customers, enabling more customers to take
Sol System’s expansion. Leaving the traditional practice of law does
advantage of solar energy while diversifying the company’s business
not mean Horwitz no longer considers himself a lawyer, however.
portfolio.
“Whether it involves drafting a contract with an installer or
interpreting a new state regulation, I could not have started this
company without my legal education,” says Horwitz.
It was for this reason that Horwitz looked to a Law School
“Our end goal is to get as many systems in the ground and
running as possible,” says Horwitz.
With a pair of Virginia Law educated lawyers working to make
this happen, the future is looking bright for the solar energy. ❚
UVA Lawyer • Fall • 2009
| 81
Class
Notes
Igoe, Michael Bailey, Steve O’Connor,
Casa Grande,” for which he worked on
were ’06 classmates Chris Kavanaugh,
Nick Margida, and Will Mason served as
immigration issues and human rights
Jasmine Yoon, Mike Buchwald, Dan
groomsmen. Also in attendance were: Chris
awareness education. In October he
Reing, JoAnn Koob, Steph Johnson,
Kavanaugh, Jasmine Yoon, Mike Buchwald,
will begin a six-month internship at the
Gabe Meyer, Brooke Nelson Bailey, and
Dan Reing, JoAnn Koob, Steph Johnson,
European Commission Privacy and Data
Molly Crall Light; as well as Seth and Lisa
Gabe Meyer, Brooke Nelson Bailey, and
Protection subunit in Brussels.
(Perrygo) Ragosta, John Myers, Justin
Molly Crall Light; Seth and Lisa (Perrygo)
Lowery, Jesse Crew, Laura Fairneny, and
Ragosta ’08, John Myers ’08, Justin Lowery
Lauren Rogoff; Sarah Copeland ’09 and
’08, Jesse Crew ’08, Laura Fairneny ’08, and
2007
Michelle Bryant ’09.
Lauren Rogoff ’08; Sarah Copeland ’09 and
Michelle Bryant ’09.
Melany Grout is director of the Conflict
Risk Network, a program that is part
Lars Rueve LL.M. received the Dr. iur.
of the Genocide Intervention Network,
degree from the University of Munich,
headquartered in Washington, D.C. She
Germany, for his dissertation on conflict
oversees a network of financial service
of laws and employees inventions. Virginia
providers and institutional investors
Law Professor Emeritus Graham Lilly
that have come together to work toward
supervised his research paper on a related
responsible foreign investment in areas
subject in 2006. Lars is now a third-year
affected by genocide and mass atrocities.
associate with Sullivan & Cromwell in the
firm’s Frankfurt office.
Lauren King finished second in figure and
third in fitness at her first figure/fitness
2008
Ignacio Salvarredi LL.M. has joined Philip
competition, the 2009 National Physique
Committee Washington State Championships
on July 18. She qualified in both categories
Morris International as counsel in its
Ericka Alonso married Kevin Clouther
for the national bodybuilding, figure, and
South America subsidiary based in Buenos
in June in Harwich Port, Mass. Kevin
bikini championships to be held in
Aires, Argentina. His practice focuses on
teaches writing at Stony Brook University.
Hollywood/Ft. Lauderdale, Fla. in
contracts, finance and corporate law.
Matthew Brady officiated the ceremony,
November. She is an associate in the
and Briggs Wright, Sarah Hughes, and
Seattle, Ore., office of K & L Gates.
John Sherman married Mary Hobson
Brian Leung were members of the
Williams on April 18 in Richmond, Va.
wedding party.
Olivier Winants LL.M. has moved from
On May 24 Jessica Chilson married Tom
Spain back to Belgium, after living a
Reece ’06 at Grace Episcopal Church in
Matthew D. Stachel has joined Potter
year and a half in Valencia. There he
Charlottesville. Classmates Jonathan Light,
Anderson & Corroon in the firm’s
taught languages and did volunteer work
Will Igoe, Michael Bailey, Steve O’Connor,
Wilmington, Del., office. ❚
for the Campaign Section of Amnistía
Nick Margida, and Will Mason served
Internacional Valencia and the NGO “La
as groomsmen. Also in attendance
82 | UVA Lawyer • FAll • 2009
2009
In Memoriam
Allen S. Hubbard, Jr. ’40
August 29, 2008
Vero Beach, Fla.
Thomas Chalmers Ruff ’48
April 13, 2009
Charlotte, N.C.
George F. Maynard, III ’56
June 1, 2009
Birmingham, Ala.
John B. Dinsmore, Sr. ’69
January 23, 2009
Virginia Beach, Va.
Joseph Myers ’40
April 6, 2009
Indianapolis, Ind.
Bowen Pattison Weisheit, Sr. ’48
April 29, 2009
Bel Air, Md.
Robert Homer Anderson, Jr. ’57
April 16, 2009
Norfolk, Va.
Leslie A. Grandis ’69
March 30, 2009
Richmond, Va.
William P. Oberndorfer, II ’41
June 11, 2009
Bridgewater, Va.
William Cabell Garbee, Jr. ’49
April 16, 2009
Richmond, Va.
John Leroy Glover, Jr. ’58
March 4, 2009
Baton Rouge, La.
Carroll L. Wagner, Jr. ’69
July 8, 2009
Atlanta, Ga.
David Barhydt Marshall ’42
June 7, 2009
Charlottesville, Va.
John Izard ’49
July 10, 2009
Atlanta, Ga.
Warren B. Burt ’59
April 23, 2009
New Castle, Del.
James Henderson Abrams, Jr. ’74
March 9, 2003
Summerville, S.C.
William Henry Sanders, II ’42
June 3, 2009
Princeton, W.Va.
John Montgomery Greene ’50
May 10, 2009
Ocala, Fla.
Edward M. Kennedy ’59
August 25, 2009
Washington, D.C.
Phillip Edwin Keith ’76
August 15, 2009
Christiansburg, Va.
James Madison Barr, III ’47
June 10, 2009
Hot Springs Village, Ark.
Peter Clark Manson ’51
April 12, 2009
Charlottesville, Va.
Herbert A. Pickford, III ’59
June 7, 2009
Charlottesville, Va.
Peter W. Hursh ’77
June 24, 2009
Pacific Palisades, Calif.
Marvin C. Goff, Jr. ’47
May 13, 2009
Memphis, Tenn.
Donald Eugene Selby ’51
May 31, 2009
Charlottesville, Va.
Walter Stephens, Jr. ’59
December 7, 2008
Fairfax, Va.
James S. McDonald ’77
September 13, 2009
New York, N.Y.
George C. Rawlings, Jr. ’47
April 22, 2009
Fredericksburg, Va.
A. Russell Beazley, Jr. ’52
August 26, 2009
Richmond, Va.
Joel C. McGurk ’60
August 25, 2008
Richmond, Va.
George P. White, III ’79
August 23, 2009
Birmingham, Ala.
Louis C. Shell ’47
August 14, 2009
Petersburg, Va.
Orville G. Calhoun, Jr. ’52
April 6, 2009
Beech Mountain, N.C.
Janet M. Riley ’60
July 5, 2009
New Orleans, La.
David P. Joyce ’80
July 8, 2008
Martinsville, Va.
Henry Taylor Wickham ’47
November 10, 2008
Richmond, Va.
Henry Clinton Mackall ’52
July 7, 2009
Fairfax, Va.
David N. Montague ’61
July 1, 2009
Hampton, Va.
Marylou Skidmore Wilson ’82
July 12, 2009
Fort Defiance, Va.
Lucien Wulsin ’47
August 30, 2009
Boulder, Colo.
Edwin I. Ford ’53
March 16, 2009
Clearwater, Fla.
John Boswell ’62
February 27, 2009
Hanover, N.H.
Craig Van de Castle ’83
August 2, 2009
Crozet, Va.
John Taylor Bigbie ’48
March 4, 2009
Lynchburg, Va.
Donald Kilgore ’53
March 21, 2009
Portsmouth, Va
John “Bill” Ragsdale, Jr. ’62
September 2, 2009
Atlanta, Ga.
John V. Sylvester, IV ’89
July 8, 2009
Springfield, Va.
Louis H. Glickman ’48
August 17, 2009
Buffalo, N.Y.
Preston Sawyer, Jr. ’53
March 30, 2009
Lynchburg, Va.
R. Neil Dickman ’64
May 20, 2009
Washington, D.C.
Andrew E. Crapol ’05
March 13, 2009
Alexandria, Va. ❚
Leonard Flippen Jones ’48
April 14, 2009
Charlottesville, Va.
C. James Jessee, Jr. ’54
June 14, 2009
Marietta, Ga.
Paul J. Winters ’64
April 26, 2009
Mount View, Calif.
Carleton Penn, II ’48
August 26, 2009
Leesburg, Va.
Myles Cane ’55
April 2, 2009
New York, N.Y.
William B. Brent ’66
November 27, 2008
Virginia Beach, Va.
Henry T. Rathbun ’48
March 19, 2009
Washington, D.C.
Alfred Evans, Jr. ’56
April 25, 2009
Atlanta, Ga.
Charles Larimore Whitaker ’68
April 2, 2009
Birmingham, Ala.
UVA Lawyer • Fall • 2009
| 83
In Print
Non-Fiction
in the documents used in those types of
transactions,” Antonacci says.
John Antonacci is an associate in
After serving and fighting in New
Guinea and the Philippines, Heller earned
his Ph.D., and taught at the University of
The Commercial Real Estate Lawyer’s
Job: A Survival Guide
Pillsbury’s real estate group. He works on a
Kansas. He left the academic life once again
variety of real estate transactions, including
for active duty in the Korean War, and later
John Antonacci ’02 and Brad Dashoff
purchase and sale of commercial properties,
served in the U.S. Army and General Staff
American Bar Association
commercial and retail leasing, commercial
College at Fort Leavenworth.
Nearly two years ago, the authors
lending and real estate development
Heller’s narrative reflects the
were approached by a fellow attorney
(including ventures that qualify for the
unique perspective of someone who
about authoring a book for the American
federal low-income housing tax credit).
has experienced war and peace through
Bar Association that could serve as a
Before entering law school, Antonacci also
alternating careers of soldier and scholar.
commercial real estate law survival guide
worked as a Certified Public Accountant.
Heller is Professor Emeritus of Law
at the University of Kansas and author
for new attorneys, solo practitioners, and
and editor of numerous titles, including
in-house counsel who
The Kansas State Constitution: A Reference
practice real estate
Steel Helmet and Mortarboard: An
Academic in Uncle Sam’s Army
law. Intended as an
Francis H. Heller ’41
Administration.
essential tool for both
University of Missouri Press
may not regularly
new and seasoned
Guide and Economics and the Truman
As a young officer in the Austrian
real estate lawyers,
army in 1938, Francis Heller refused
this book provides
to swear an oath of allegiance to Adolf
Lethal Logic: Exploding the Myths
that Paralyze American Gun Policy
basic instruction on
Hitler and narrowly evaded arrest by the
Dennis A. Henigan ’77
commercial real estate assignments they
Gestapo, escaping to Czechoslovakia, then
Potomac Books
are likely to receive.
to America.
The Commercial Real Estate Lawyer’s
For decades, bumper-sticker slogans
Steel Helmet and Mortarboard
have framed the heated debate over
Job explains the most common transactions,
recounts the dramatic story of how
gun control in the United States. These
and the tasks associated with them. It offers
the author’s life alternated between the
simplistic, well-crafted messages —“When
practical advice for organizing workload;
demands of military
guns are outlawed, only outlaws will
provides tips for success; and details vital
service and an
have guns,” and “Guns don’t kill people;
resources needed for real estate lawyers.
academic career.
people kill people,” — are catchy and
Heller earned his law
memorable, but don’t hold up to rational
Specific areas covered in the book
include: real property interests and deeds;
degree in 1941 and set
thought. Yet they have
purchases and sales; debt and equity
a course for studying
been methodically
financing; mezzanine loans; REITs;
political science, but
drummed into the
leases and development documents;
was drafted into the
minds of many
U.S. Army in 1942 and
Americans
by the
A
transaction closings; and more. The
book has added value given the changes
became a private in a field artillery unit.
National Rifle
in the real estate market caused by the
After receiving a battlefield commission for
Association
and other
A
current economic crisis. “With the recent
his service in the Pacific, he was assigned
pro-gun groups.
increase in the volume of workouts and
to bring German nationals from the Far
lease renegotiations, readers may find
East, and in doing so he witnessed Dachau
examines the effect of the gun lobby’s
the chapters on financing and leasing
and the terrible fate of so many of his
relentless message and how it has been
particularly beneficial in gaining a better
countrymen.
successful in blocking the passage of
understanding of the terms and issues
84 | UVA Lawyer • FAll • 2009
Lethal Logic
lifesaving gun laws. Many Democratic
In Print
reluctant to speak out against the NRA for
Get Rich Cheating: The Crooked Path
to Easy Street
fear of the political consequences, while the
Jeff Kreisler ’98
Punishing Corporate Crime:
Legal Penalties for Criminal and
Regulatory Violations
alliance between the Republican Party and
Harper
James T. O’Reilly ’74
leaders in favor of stricter gun controls are
the NRA strengthens and continues to be a
force to be reckoned with.
In his book, Dennis A. Henigan exposes
In a world where so many
people seem to bend the rules — from
Congressmen to baseball players to slick
Oxford University Press
James T. O’Reilly and four colleagues
at Baker & Daniels have written a timely
the pro-gun slogans as wrong-headed
financiers — what’s holding the rest of
book about corporate
marketing ploys and helps raise the debate
us back? Jeff Kreisler’s first book, Get
crime. As scrutiny of
to a higher plain. “Dennis Henigan has
Rich Cheating, is a humorous, tongue-in-
corporate business
long been one of the nation’s leading
cheek guide to getting what isn’t ours (but
deals increases in
thinkers on the gun violence issue,” says
sometimes seems as if it ought to be). He
the post-Enron
Sarah Brady, honorary chair of the Brady
dedicates his book, “To money, the root of
era, so do novel
Campaign to Prevent Gun Violence, the
all good,” and throughout he gently pokes
remedies to address
sister organization of the Brady Center. “In
and prods readers to stop daydreaming
the problem. The
Lethal Logic, he has given us a clear roadmap
about a life of luxury and go out and grab
toward destruction of the ‘any gun, any time,
it — to boldly go where upright, ethical
the historical background of corporate
any place’ arguments of the gun lobby.”
people would never dare.
punishment, which has traditionally played
Henigan is vice president for law
and policy at the Brady Center to Prevent
Kreisler’s thoroughly researched
guide presents the stories of famous and
authors summarize
out in fines, or in more extreme cases,
sanctions that terminate the business.
Gun Violence, a national non-profit
not-so-famous
Punishing Corporate Crime also analyzes
organization that works to reduce gun
cheaters and what we
the latest remedies used by the United
violence in America through education,
can learn from them.
States Government, including restitution,
research, and legal advocacy. He is the
He has the answer for
receivership and monitoring, deferred
founder of the center’s Legal Action Project,
anyone naïve enough
prosecutions, integrity agreements, and
which represents gun violence victims in
to ask, “Why cheat?”
disbarment from regulated fields.
lawsuits against gun manufacturers and
And
A he follows up
sellers. He has been a leading advocate
with lots of tips on
preventative programs and offers advice on
for stronger gun laws for 20 years,
how to exploit “some
ways to address the changing punishments
Punishing Corporate Crime analyzes
appearing on national TV shows including
of the people all of the time.” Kreisler
60 Minutes, The Today Show, Nightline,
put his J.D. to use in writing the handy
Larry King Live, and Dateline NBC.
section on what to do if you’re unfortunate
& Daniels of Indianapolis, as well as a
enough to get caught.
part-time professor at the University
Henigan has written and spoken
extensively on liability and constitutional
issues relating to gun laws and violence
“A brilliant and brilliantly sustained
that challenge modern corporations.
O’Reilly serves as counsel at Baker
of Cincinnati College of Law. He is an
satirical broadside,” writes Tony Hendra
international lecturer on environmental law
committed with guns and has testified
of National Lampoon. “On just about
and author of more than 40 textbooks. He
before Congressional committees on gun
every page you’ll find a pithy, pointed barb
provides safety and environmental health
issues. Under his direction, the Brady
worthy of the late great George Carlin.” Get
consulting to a wide variety of clients, and
Center’s Legal Action Project has recovered
Rich Cheating is a Boston Globe bestseller.
currently chairs the FDA Committee of the
millions of dollars in damages for victims of
It has been noted in The New York Post, Fox
American Bar Association.
gun violence. Henigan coauthored another
News, and on a number of popular comedy
book on the issue of gun control, Guns
blogs.
Amendment Protection for Firearms in
Central’s Indecision 2008, the Huffington Post,
America in 1995.
Shoot The Messenger, and the Independent
Anatomy of an Execution:
The Life and Death of Douglas
Christopher Thomas
Film Channel. He wrote a humorous business
Todd C. Peppers ’94 and
column for Jim Cramer’s TheStreet.com
Laura Trevvett Anderson
and he’s won the Bill Hicks Spirit Award
Northeastern University Press
for thought-provoking comedy. Kreisler
University Press of New England
and the Constitution: The Myth of Second
Kreisler has written for Comedy
performs internationally and resides in
New York City.
At the age of 17, Chris Thomas
committed a brutal double homicide of his
UVA Lawyer • Fall • 2009
| 85
In Print
girlfriend’s parents. The facts of the case,
Fiction
mother to live with her father in Athena,
South Carolina. An African American
and his guilt, are undisputed. In 2000 he
servant named Calvin Lemoyne ends up
was executed by the Commonwealth of
Virginia by lethal injection, one of the last
True Blue
taking care of Billy that summer of 1940,
juvenile offenders put to death before the
David Baldacci ’86
in the Depression-wracked South. Their
Supreme Court ruled that execution of such
Grand Central Publishing
relationship unfolds in the unforgettable
young offenders was “cruel and unusual
punishment.”
Co-authors Todd C. Peppers and
months that lie ahead,
Mason “Mace” Perry was a respected
police officer in the nation’s capital until
a troubled time of war
she was framed for a crime. She spent two
and segregation.
Laura Trevvett Anderson, Chris Thomas’s
years in prison, stripped of her freedom
“Calvin is a
high school teacher, trace the complete
and her career. When she walked out she
brilliantly told tale …,”
story — from a desolate childhood, a
set her sights on one goal — reclaiming her
writes one reviewer,
twisted first romance that led to the crime,
badge and her reputation. There was only
“that illustrates the
the trial, the time in jail, and death row.
one way to prove that she had the right to
darkness, mysteries,
Peppers examines the pros and cons of
wear her uniform again; she would have to
and occasional joys
the court-appointed counsel and takes a
solve a challenging case on her own. She
of life as they all occur: with complexity,
careful look at the execution of juvenile
works undercover and there’s someone
natural suspense, and ultimate if bittersweet
offenders in terms of public policy and
shadowing her — a
clarity.” Littlejohn, who was born in
constitutional law. He describes conditions
U.S. attorney who
the South and grew up there, describes
on death row and how a spiritual advisor
wants nothing more
everyday scenes in spare, vivid prose:
can give a condemned criminal a chance at
than to send her back
redemption in his final days. Is a murder’s
behind bars.
life worth nothing
Despite the fact
He splashed cold water on his face
for a few seconds. Then he picked
more than its most
that her sister is the
up a white bar of Ivory soap and
violent act? Readers
police chief, Mace is
vigorously scrubbed his head and
of Anatomy of an
on her own — until
neck working hard to raise suds
Execution will find
she meets a lawyer named Roy Kingman
in the cold water. Every now and
themselves looking
who worked with poor people before he
then he blew through the growing
more deeply into that
landed a job at a D.C. law firm. Together
suds like a breaching whale.
question.
they investigate the mysterious death of a
With the suds thick and white,
female partner at his firm. With every twist
shrouding his blackness, he rinsed.
Execution combines excellent scholarship
and turn they unravel dark secrets from
Splashing about he ducked his
and legal analysis with a compelling
both the private and public realm.
head under the faucet. He made
“Anatomy of an
and tragic life story,” says Victor Streib,
Baldacci has written 17 best-selling
loud noises, puffing and snorting
professor of law and former dean, Ohio
novels on themes ranging from
more than needed to keep the soap
Northern University of Law. “As such,
international intrigue to coming of age
out of nose and mouth.
it is accessible to lay readers and true
in the rural South. With his wife, Michelle,
crime buffs, as well as instructive to
he is co-founder of the Wish You Well
criminologists and lawyers. Very few if any
Foundation, which works to promote
reveals how war changed everything in
books of this genre are its match.”
literacy.
this small Southern town. Through it all,
Calvin, the central figure and the man of
Peppers is associate professor in the
few words, emerges as an unforgettable
Department of Public Affairs at Roanoke
College in Salem, Virginia, and lectures
Calvin
in law at Washington and Lee University
William L. Littlejohn ’55
School of Law. His first book was Courtiers
Washington Writers’ Publishing House
of the Marble Palace: The Rise and Influence
William Littlejohn won the 2009
of the Supreme Court Law Clerk.
character.
After serving in the U.S. Marine Corps,
Littlejohn practiced law for 30 years in
Chicago. He took a sabbatical year to try
Washington Writers’ Publishing House
his hand at writing and enjoyed it so much
fiction writing contest with his first novel,
he decided to leave his law practice to write
Calvin. As the novel unfolds, 10-year-
full-time. He lives with his wife, Marcia, in
old Billy Smithson is abducted from his
Washington, D.C. ❚
father’s home and taken by his unstable
86 | UVA Lawyer • FAll • 2009
Calvin captures a sense of place and
Opinion
Honor Code, Softball, and No Class Rank
by Stan Perry ’90
IN AUGUST I was in Charlottesville for on-campus
lawyers, past and present, that we are part of something
recruiting. Boy, what a difference a year makes.
grand and special. In fact, I was impressed two weeks ago, as
Last year, the talk among the Big Law firms, of which
I’m a member, was how to get to $1 million in profits per
partner — unless your firm was already at $1 million in
always, by the quietly confident but self-assured law students
at UVA.
So, what is the good news? Is UVA special because of the
profits per partner, in which case the focus was how to get
beauty of Charlottesville, the sanctity of the Grounds, and
to $1.25 million. Another hot topic before The Fall was
the enduring legacy of Thomas Jefferson? Yes and no. Yes,
whether less profitable practice groups, such as labor and
Charlottesville, the Grounds, and Thomas Jefferson make
employment or mass tort litigation, should be eliminated.
UVA special. But no, as important as they are, they do not
Fast forward to 2009, and the talk in Big Law has
changed, and changed dramatically — no more $1 million
help prepare UVA lawyers for the throes of modern legal
practice.
profit goals. Rather, articles and blogs chronicle layoffs and
reductions (performance-based only, of course). Labor and
employment and mass tort litigation are now growth areas
in this abysmal market. Firms are embracing them like long
lost Prodigal Sons.
I’m here to remind UVA lawyers, past and
present, that we are part of something
grand and special.
All of this makes for an interesting recruiting
experience to my favorite place on Earth. Every time I go to
Charlottesville, which is, regrettably, only once a year, I view it
as a pilgrimage to holy ground. But this year the holy ground
is not such a happy place. The students at the Law School
face a dreadful market. They’ve either had bad summer
experiences or heard horror stories about low offer rates.
But I’m not here to bring more bad news — we have all
had enough of that already. No, I’m here to remind UVA
UVA Lawyer • Fall • 2009
| 87
Opinion
Nevertheless, there are three keys to the UVA Law
teamwork and a lesson that life is not fair. As UVA Lawyers,
experience that help equip the current students, and those
we know that, as in softball, we must practice to get better,
of us not so current, to survive these dark days in the legal
learn from our mistakes, and ensure we are playing on a
profession.
team committed to teamwork and not just a collection of
individuals who happen to be on the same field.
Honor Code: If you’re a self-promoter, you won’t like
UVA’s honor code. The self-promoter does not trust his
No Class Rank: If your goal is to be first, to make sure
classmates to be fair, honest, and ethical, whereas the UVA
everyone knows how high you rank, then the Law School is
Law student understands the freedoms that come with living
not for you. What a joy to say, when asked about class rank,
in a community of honor and the knowledge that honor
“At UVA we did not have class rank.” Not only that, but we
violations will be dealt with swiftly and seriously. Lawyers
had the B mean (now officially the B+ mean). How does
face all kinds of ethical temptations — from trust accounts
the lack of class rank better adapt UVA Law students for the
to billing time. For the UVA Lawyer, these are nothing new.
current market? It helps us realize that our commitment to
We walked out of classrooms with our exams in hand and
hard work is simply that: our own commitment to do the
a time limit to complete them. One can either live with this
best we can. It is not, as most of the legal world would have
freedom and trust her classmates, or become paralyzed with
you believe, a commitment to grind our competition (inside
the fear that others will cheat and gain an unfair advantage.
our law firms and opposing counsel) into sawdust. If we
The practice of law is no different — you can either set your
do the best we can, and do so in a professional and ethical
own professional and ethical conduct, or you can fret about
manner, we will survive these difficult times. An individual
how others are cheating the system, the firm, or the court.
commitment to do your best will help you survive layoffs,
reductions in force, career changes, and even personal defeats.
Softball: In softball, individual accomplishments must
be part of an overall team effort. An individual bats and
I suggest that every UVA Lawyer with the experience
fields the ball but, in isolation, can accomplish nothing.
of the Honor Code, Softball, and No Class Rank can adapt
A batter, short of a home run, cannot get an RBI without
to these harsh times because we know that money will
a runner on base. A base runner cannot drive herself in.
come and go, and busts will follow booms, but our personal
A simple groundout requires a ball thrown by the pitcher,
commitment to effort, integrity, and teamwork will not
fielded by an infielder, and thrown to the first baseman.
change. ❚
Creating that one out requires three of the nine players.
If you are a true UVA Lawyer, you understand teamwork.
A non-UVA Lawyer might prefer to play golf — an
Stan Perry is a partner in the Houston office of Haynes Boone.
individual sport based on one’s own accomplishments. One
He is one of the leading environmental litigation counsels in
can learn many things on the golf course, but one thing you
Texas.
won’t learn is teamwork. Softball, however, is a lesson in
88 | UVA Lawyer • FAll • 2009
October 29Twin Cities Reception
Dorsey & Whitney
Minneapolis - St. Paul, Minn.
November 4Virginia Admissions to the Bar
Breakfast
Richmond Convention Center
November 18Reception Jones Day
Washington, D.C.
April 30 – May 2, 2010Law Alumni Weekend
Charlottesville, Va.
For the latest on alumni events: www.law.virginia.edu/alumni
For the latest on reunions: www.law.virginia.edu/reunions
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