Developing
International Law
in a Global Age
From the Dean
Developing International Law
in a Global Age
John C. Jeffries, Jr. ’73
E
verywhere one goes these days, there’s talk of globalization. In law schools,
that means a broader engagement with international legal regimes, an
increased emphasis on transnational transactions, and instructors with
international experience. All of these things are happening in a small town nestled
in the foothills of the Blue Ridge Mountains. This issue of UVALawyer celebrates
the growth and blossoming of international law at Virginia.
At the time of Hardy Dillard, who was universally recognized as a leader in the
field, international law was a single curricular category. Students took a course in
International Law, just as they took courses in Trusts & Estates and Corporations.
Today, international law has morphed into a whole series of offerings, including
International Banking Law, International Business Transactions, International
Environmental Law, International Health Policy, International Human Rights,
International Sales, International Taxation, and on and on.
This proliferation of “international” offerings tells only half the story. Equally important is the heightened
attention to international aspects of traditionally domestic subjects. In Federal Courts, for example, students
still learn the intricacies of federal jurisdiction and ponder the lessons of Erie Railroad, but they also study the
growing controversy over whether and when international law supersedes state law as the rule of decision in
American courts. And recent Supreme Court opinions invoke international law in interpreting provisions of the
U.S. Constitution. To a remarkable degree, the study of law has become truly global.
This broad perspective is supported by engaged and active students. The Virginia Journal of International Law
maintains a long and proud tradition as one of the nation’s two most prominent publications in that field. The
John Bassett Moore Society of International Law is also very active, sponsoring speakers, conferences, and a moot
court team on international law.
In the pages that follow, you will be introduced to Law School graduates who have been prominent in the
international arena. Additionally, you will hear from several members of the faculty on the role of international
law in the global war on terror. We hope these articles give you some flavor of the breadth of international
interests in the Law School community today.
The Thomas Jefferson Award
As noted in the Faculty News section of this issue, Robert E. Scott received the University’s highest honor
at the Convocation ceremony last fall. Given annually since 1955, the Thomas Jefferson Award recognizes a
member of the University community whose influence, character, and accomplishments exemplify the ideals
of Mr. Jefferson. In bestowing this distinction, the University cited Bob’s “integrity and honor, bold and skillful
leadership, unfailing civility and uncompromising excellence.” I know that all of us join in celebrating his
achievements. Spring 2005 / Vol. 29, No. 1
Departments
1
Dean’s Message
5
Law School News
16
Faculty Briefs
53
Class Notes
73
In Memoriam
74
In Print
Features
26
LL.M. Grads Come From Different
Places, Leave With Tight Bonds
Denise Forster
28
International Success the Old-Fashioned
Way: Brian Powers ’74
Cullen Couch
32
The Role of International Law in the
Global War on Terror
Rosa Ehrenreich Brooks
78
Opinion: Thirty Years at the French Bar
Ronald P. Sokol ’62, LL.M. ’63
David A. Martin
John Norton Moore
Paul B. Stephan ’77
48
Truth, Wherever it May Lead:
R.K. Ramazani S.J.D. ’54
Cullen Couch
Editor Cullen Couch
A people … who sincerely desire
Associate Editor Denise Forster
the happiness and prosperity of
Contributing Writers Mike Marshall, Jennifer Schooff (A&S ’05), Mary Wood
other nations … justly calculate
Designer roseberries
that their own well-being is
Photography Ian Bradshaw, Tom Cogill, Mary Wood
advanced by that of the nations
Additional Photography Laura Pietro, Paula Powers, Melissa Young
with which they have intercourse.
Printing Schmitz Press
—Thomas Jefferson:
4th Annual Message, 1804.
Law School News
VJIL 45 Years Strong
F
orty-one years ago Law School Dean and later
across the country and around the world.”
International Court of Justice Judge Hardy Cross
VJIL remains the oldest continuously-published,
Dillard wrote a letter to the editors of the Virginia
student-edited law journal in the United States devoted
Journal of International Law (VJIL) commending the
exclusively to public and private international law.
Journal on its contribution to establishing international
Receiving more than 300 submissions a year, the Journal
law as a rigorous, technical field of law, as well as its
addresses issues such as international commercial
students on their willingness and capacity to “generate
transactions and trade law, international litigation and
fresh thought, accent burdensome responsibilities,
arbitration, international organizations, international
and maintain high standards.” The Journal published
humanitarian and human rights law, and comparative
an excerpt from that letter on the occasion of its 40th
law. Its pages contain a mix of full-length articles,
anniversary in 2000:
comments, essays, and book reviews by scholars and
“Some years back the notion prevailed, at least in
unenlightened quarters, that International Law was
merely a polite curricular ornament to be viewed with
practitioners, as well as notes, recent developments, and
book notes by students.
VJIL subscribers come from more than 25 countries
tolerant indulgence by students, mild skepticism by the
and include the libraries of law schools, law firms, bar
faculty, and benign indifference by the Bar.”
associations, and multinational corporations, as well as
The world is a vastly different place since Hardy
government agencies, courts, and foreign missions. Surveys
Dillard’s words rang true. Boundaries indicating where
of senior international law faculty have ranked VJIL as
international law issues begin and end are no longer solid
part of a select top tier of international journals, and many
lines in the legal and academic communities. But VJIL
of VJIL’s nearly 1,000 alumni have gone on to assume
has been one of the leading forums for the discussion of
leading roles in the international legal community. those boundaries for 45 years.
“VJIL has been recognized as one of the top journals
of international law,” said Stephen Piepgrass, Editor-inChief. “Because of its reputation, it has the opportunity
to publish some of the best known academics and
practitioners in the field, as well as newer authors just
setting out in their careers. Recent issues have been cited
by high courts and tribunals around the world and by the
Supreme Court of the United States.
“The source of VJIL’s success lies not only in the
dedication of the students who serve on its editorial and
managing boards, but also in the support of the Law
School’s renowned international law faculty and the
active involvement of a network of VJIL alumni from
UVA Lawyer • Spring • 2005
[5]
Law School News
Low Represents UVA in
International Academic Consortium
panning eight countries, 500,000 students, and
S
the most effective long-term strategy for international
80,000 staff across 16 universities, an international
engagement in higher education.”
is collaborating to create educational, research, and
three strands of activities — collegial, collaborative,
entrepreneurial opportunities on a scale that no single
and entrepreneurial. Each of these engages member
institution would be able to achieve on their own.
universities in different ways in accord with their own
Founded in 1997, Universitas 21 (U21) builds on growing
individual strengths and priorities.
U21 bases its projects and initiatives around
network of leading research-intensive universities
In 2001, U21 started a joint venture with Thomson
efforts in higher education to operate more effectively
across national and regional boundaries. The University
Learning (owner of West Publishing Company) called
of Virginia is the only American member university.
Universitas 21 Global, an online university committed
UVA joined the consortium in May of 2001 while
to providing quality online higher education in a global
Hardy Cross Dillard Professor of Law Peter Low ’63 was
marketplace. Based in Singapore, Universitas 21 Global
the University’s Provost. He continues as one of two UVA
launched its MBA program in May 2003 and currently
representatives to the consortium (the other is President
enrolls students from 15 countries around the world.
The quality of U21 Global offerings is monitored for
John Casteen). “Participation in U21 activities,” Low says,
“is an important component of the University’s focus on
U21 by an entity called U21QAS (U21 Quality Assurance
international educational initiatives. Most of the impact is
Services), which operates from offices located near the
felt in the College and in other units of the University that
Boar’s Head Inn in Charlottesville. President Casteen is
provide undergraduate education, but the entire University
Chairman of the Board of U21QAS, and Professor Low
is affected. In the Law School, for example, relationships
has been heavily involved in the activities of U21QAS as a
with the University of Melbourne in Australia and the
board member, consultant, and (until February of 2005)
University of Nottingham in England have been facilitated
operating manager.
U21 produces a quarterly newsletter and regular
by the University’s participation in U21.”
Professor John Hay, chair of U21 and Vice-Chancellor
e-bulletins detailing current and future projects from
and President of the University of Queensland in
across the network. Copies of all recent issues plus the
Australia, believes that “strong partnerships linking
latest information on the network can be found at
like-minded universities around the world may prove
www.universitas21.com. BEFORE YOU CLEAN OUT YOUR AT TIC
and throw away all those old notes you,
your mother, or your grandfather took in UVA Law classes, please think of the Law Library Archives. The Special
Collections Department of the Law Library is developing a collection about legal education at the University of
Virginia and is interested in your materials. The Library is actively collecting student notebooks, particularly those
from the 19th century and first half of the 20th century, but may be able to use some
later materials as well, and also hope to add pre-1956 Corks and Curls yearbooks
to the collection. Please contact Alison White in Special Collections at
maw9b@virginia.edu or call (434) 924-3023. [6]
UVA Lawyer • Spring • 2005
Law School News
Dean Harmon Leaves the Law School
a Different Place
Lee Kolber ‘06
Law Weekly News Editor
S
tudents will have to get their fill of Tootsie Rolls
and big smiles this spring semester. Beverly
Harmon will be leaving the Law School after
nine years as Assistant Dean for Student Affairs, and
unfortunately her trademark candies and warm ways will
be departing with her. A favorite among students, faculty,
and staff, Dean Harmon’s presence will be missed by the
Law School community.
Dean John Jeffries, Jr. ’73, described Dean Harmon’s
departure as losing an “integral part of the spirit of this
institution.” He said that “she has provided thoughtful,
informed, and compassionate counsel to hundreds of our
students, and she has earned not only their respect, but
also their affection.”
Dean Harmon’s husband, Bill Harmon, a former
senior administrator at the University, accepted the
an added pleasure.” She says she is “grateful for the support
position of President of Central College, located in
of students and colleagues throughout the Law School
Houston, Texas, and started the new position in February.
community” and describes Lisa Napier, with whom she
Dean Harmon chose to remain in Charlottesville to
worked closely in the office of Student Affairs, as a “treasure.”
complete the school year — a decision Dean Jeffries said
the Law School appreciates.
Houston is a new city for the Harmons, who have
Dean Harmon’s contributions to the Law School
are numerous and have been recognized by students
throughout her tenure. The Class of 1998 gave as a class
traveled and lived across the East Coast. Dean Harmon
gift a scholarship named in her honor, and the Black Law
said she plans to take some time off to acclimate herself to
Student Association named its service award the “Beverly
the new community. She will have some help in learning
Harmon Service to BLSA Award” in honor of her many
her way around. Her daughter and son-in-law, both
contributions to the organization.
attorneys, reside in Houston. Eventually, Dean Harmon
plans to get back in another position in student services.
Thurgood Marshall Research Professor Kim FordeMazrui said that “the value of Beverly Harmon’s support
SBA President Adam Greene ’05 said that Dean
for faculty, students, and staff cannot be exaggerated.”
Harmon has always been “truly devoted to our school
Associate Dean and William L. Matheson & Robert
and specifically to the students.” He noted that in recent
M. Morgenthau Distinguished Professor Jim Ryan ’92
years, “Dean Harmon has had the greatest influence in
believes Dean Harmon “personifies this Law School and
creating the UVA Law culture which we love so much.”
what makes it special, namely that it is a humane and
Dean Harmon says her time at the Law School has been
compassionate place.” John V. Ray Research Professor
an “extraordinary opportunity” to interact with students she
Elizabeth Magill ’95 echoed Ryan’s sentiment, calling Dean
described as “highly capable, compassionate, and multi-
Harmon “both compassionate and wise,” and that “she will
talented,” and that “remaining in touch with alums has been
be sorely missed.” UVA Lawyer • Spring • 2005
[7]
Law School News
Powell Fellow Plans to Strengthen South
Asian Immigrant Legal Aid in Maryland
hird-year Law School student Anishah Cumber
T
estimated 153,000 South Asians reside — about 66,000
noticed a frightening trend during her summer
in Maryland alone. Cumber plans to focus on educating
job with Maryland Legal Aid’s family law
this population about the legal system and what it can
division: female immigrants from South Asian countries
do for victims of abuse or women in need of family law
such as Pakistan and India face particular hardships
services. Then, “I’ll be able to provide them with direct
because they often do not know their legal rights and lack
legal services for any issues that come up.”
social support networks that help.
“There aren’t organizations that provide direct legal
Many of Cumber’s most serious cases this summer
involved female legal immigrants.
services and focus on South Asian women specifically,”
“I had a client whose husband kicked her out of the
explained Cumber. As this year’s Powell Fellowship in
home with just the clothes on her back,” Cumber recalled.
Legal Services recipient, Cumber can tackle the problem
Other cases included spouses hiding assets during
full-time after graduation. The fellowship, named after
acrimonious divorces, and clients worried about losing
Supreme Court Justice Lewis F. Powell, Jr., provides a
their children in custody battles. Some clients didn’t
$35,000 salary for a graduate entering a public service
know they could receive alimony. Cumber said certain
career with the expectation of renewal the second year.
immigrant cultures may not support interference in such
Cumber, an Amherst College graduate and Florida
domestic issues, compounding the problem. Talking
native, will follow in the steps of inaugural Powell Fellow
with local women’s rights groups and shelters seemed to
Katherine “Kit” (Lasher) Ballenger ’02, who worked in the
confirm that South Asian immigrant women are facing
same Riverdale office of Maryland Legal Aid. Riverdale is
unique problems.
on the outskirts of Washington, DC, an area in which an
“They don’t really know what their legal rights are,
so they’re hesitant to assert them,” she said. Besides India
and Pakistan, South Asia includes Bangladesh, Sri Lanka,
Nepal, and Bhutan. As a second-generation Pakistani Muslim,
Cumber hopes to be able to overcome cultural barriers that
may exist for others. “The point of the project is to not just
provide them with legal services but to educate them to make
more informed decisions for themselves and their families.”
Cumber’s interest in public service law began in high
school when she worked for a local law school’s civil law
clinic. In college she spent a summer working in a Brooklyn
district attorney’s office on projects targeting at-risk youths.
After her fellowship, Cumber hopes to continue her work in
women’s rights and non-profit advocacy work.
The Maryland Legal Aid Office she will join employs
about 30 attorneys, and there are 13 such offices in
Maryland. Cumber said she would not have been able to
return to work there unless there was a job opening, but
with the fellowship, “you get to design your dream job,
and get paid to do it, which is really nice.” [8]
UVA Lawyer • Spring • 2005
Law School News
Mock Trial Team Takes Regionals,
Heads to Nationals
n its second year of competition, the Law
I
president Daniel Shapiro, “because most of the schools
School’s Mock Trial Team won the National Trial
we are competing against in DC were there as part of a
Competition for the DC, Maryland, and Virginia
class, while the UVA team is entirely extracurricular.”
’06, and Daniel Shapiro ’05 next head for the National
teams arguing complete trials before a judge and jurors.
Championships in San Antonio, held on March 30–April 2.
The Mid-Atlantic regional drew 22 teams from 11 law
region on February 12. Robert Boller ’05, Patrick Dempsey
The competition consists of two- or three-person
THIS YEAR, 270 TEAMS COMPETED, representing
135 law schools around the country.
The National Trial Competition is open to all
schools, including Georgetown and George Washington
ABA-accredited law schools in the United States and is
Universities. The trial judges were local federal and state
co-sponsored by the American College of Trial Lawyers,
judges, and the jury pool was made up of attorneys from
which represents the top one percent of trial lawyers
the DC-area.
nationwide. This year, 270 teams competed, representing
This year’s case involved a complicated murder
135 law schools around the country. Teams compete in
prosecution with two plausible suspects in the crime.
regional qualifying rounds, and the top two teams from
The Law School sent two three-person teams and both
each of the 13 regions are invited to San Antonio. Other
advanced to the semifinal round, but the team of third-
schools heading to Texas include Harvard, Northwestern,
year students Ryan Perry, Charles Stopher, and Dave
and William & Mary.
Thomas lost their round because they were “forced to
“We are particularly proud of our win,” said team
argue the more difficult side of the case,” Shapiro said. Pictured from left: Patrick Dempsey ’06,
Daniel Shapiro ’05, and Robert Boller ’05.
UVA Lawyer • Spring • 2005
[9]
Law School News
U.S., International Community Failing
to Pressure Sudanese Government
“T
he only solution to stop what’s
going on in Darfur is international
intervention,” Mohamed Yahya
said to a Law School audience on February 7.
Yahya, chairman of the Charlottesville-based
Damanga Coalition for Freedom and Democracy
and a native of Western Darfur in Sudan, joined
former U.S. Agency for International Development
administrator Roger Winter, and Human Rights
Watch counsel Jemera Rone in criticizing the
international community for moving too slowly
“I FEEL SO SAD when the law which is made to protect the people
all over the world fails to protect my people in Darfur.”
in Darfur and for sending the wrong message to the
gained international attention as well. When a peace
government there. The panel was sponsored by the Law
agreement was signed in January, there was no statement
School’s Human Rights Program and the J.B. Moore
condemning government actions in Darfur.
Society of International Law.
While wars in Sudan have been ongoing for decades,
and especially the UN failed to act seriously to stop
the government has undertaken a campaign to wipe out
what is going on in Darfur,” said Yahya, a member of
civilians of the Darfur region, hiring Arab militia, called
the Massaleit tribe, one of the groups the Sudanese
Janjaweed — slang for outcasts or highway robbers — to
government targets. Yahya had been studying at al-
help clear out villages. An estimated 30,000 people have
Azhar University in Cairo when he learned his village
been killed by Sudanese and Janjaweed forces, and 1.8
had been attacked and many of his relatives killed. He
million have been displaced, including 200,000 who fled
found asylum in the United States in 2002 and moved to
into Chad. The humanitarian crisis threatens even more
Charlottesville. “I feel so sad when the law which is made
lives because the Janjaweed have destroyed livestock
to protect the people all over the world fails to protect my
and farms.
people in Darfur.”
The Sudanese government believes the villages are the
rebel base for recent insurgencies, said Rone, counsel for
Human Rights Watch’s Africa division.
“The Sudan government was surprised because
the international community had started to make a
lot of noise about it,” Rone said. A war in southern
Sudan between the Arab government in the north
and the mostly black, Christian southerners had
[10]
“Unfortunately the international community
UVA Lawyer • Spring • 2005
Find a full recounting of the panel under News &
Events at www.law.virginia.edu. Pictured above, from right, Western Darfur native Mohamed Yahya,
Jamera Rone, and Director of the Law School’s Human Rights
Program, Deena Hurwitz.
Law School News
Abraham Advises Chinese Lawmakers
on Tort Law Changes
I
n their revisions of tort law, Chinese lawmakers are
showing a willingness to codify greater protection
for freedom of expression according to Robert
E. Scott Distinguished Professor Kenneth Abraham.
Abraham met with legislative staff and their academic
advisors in Beijing recently for a two-day workshop on
issues related to defamation of character and invasion of
privacy.
Abraham, also the Class of 1966 Research Professor,
was one of five prominent American tort law experts
who met with Chinese legislative staff and scholars to
discuss draft legislation. The group has been working
with staff of the National People’s Congress for three
years under the auspices of the China Law Center at Yale
University Law School, which also arranged their trip to
Beijing in January.
“We’re working on reconciling the interest in
protecting personal reputation with the right of free
expression by the media,” Abraham said. “We weren’t
sure in advance how open the discussion would be. But it
was very open and they are willing to consider giving the
interest in exposing local corruption, the origin of many
press breathing space, even if it’s not as much as the press
defamation suits.
has here.”
The Chinese are especially sensitive about reputation,
“They also understand they need rights of
expression to promote a market economy,” he said.
he said, because of the Cultural Revolution when so
“You have to be able to describe products critically for a
many people were destroyed through baseless public
market to work well.”
denunciations.
“China is a series of walls,” he said. “The Great Wall
Chinese tort law is patterned on the German civil
code. “They seem more inclined now to think about
is a real metaphor. You get beyond one wall and there’s
common law principles, but I think they will stay a civil
another. It’s hard to get the big picture of what’s really
law country,” he predicted.
going on. But the rule of law is emerging in China,
In the future the advisory group will move on to
and anything we can do to promote it will benefit the
issues of personal liability for personal injury, he said.
Chinese people.”
Joining him were Anthony Lewis (the former New York
Whether ruling officials will accept all the ideas in
Times columnist); Paul Gerwitz and Robert Post, both
the legislation is unclear. Lawyers who defend fringe
from Yale Law School; and Michael Chesterman, an
newspapers are sometimes visited at home by the
Australian defamation law expert. police. But the government appreciates that it will not
be possible to control information in the future as it
could in the past, Abraham noted, and it has a strong
UVA Lawyer • Spring • 2005
[11]
Law School News
Redford ’95 Appeals to Law Students to
Fight Human Rights Abuses
A
career combating human rights abuses is the
most rewarding a lawyer could undertake,
co-founder of EarthRights International
Katharine Redford ’95 told the crowd in Caplin
Auditorium to open the Sixth Annual Conference on
Public Service & the Law in February.
Redford went to Thailand during her first summer
in law school on a grant from the Public Interest Law
Association to write a report on human rights abuses
associated with its logging industry. There she met
Ka Hsaw Wa, a Burmese student human rights leader,
REDFORD WENT TO THAILAND during her first summer in law
school on a grant from the Public Interest Law Association to write a
report on human rights abuses associated with its logging industry.
then a refugee from its military dictatorship; they later
the Law School (as the winner of the Robert F. Kennedy
married. She said she learned from him that soldiers of
Award for Public Service) with a budget of $40,000. The
the Burmese dictatorship were involved in murder, rape,
organization now has offices in New York; Washington,
and forced labor as they guarded the 39-mile Yadana
DC; and Bangkok, as well as schools in Thailand and
pipeline being built to carry natural gas from Indian
Ecuador, an annual budget of $1 million, and a staff of 26.
Ocean wells to Thailand by the American-owned Unocal
In 1996, EarthRights filed Doe v. Unocal in state
and French-owned Total. About 35,000 people live in the
and federal courts. Last December, Unocal entered
area affected by the pipeline’s construction.
into unprecedented settlement negotiations, the first
Redford returned to Thailand the next summer, again
on a PILA grant, to research World Bank projects to
has agreed to compensate human rights victims.
dam rivers on the Thai-Burma and Thai-Laos borders.
BusinessWeek reported that a settlement worth $30
She documented more pipeline-associated human
million was reached, calling it “a milestone in human
rights abuses. As a third-year student, she wrote a paper
rights advancement” and the largest payout to such
advancing the novel idea that American corporations
victims in history.
could be liable under the Alien Tort Claims Act, a
“I found there was an American oil company
seldom-used law dating to 1789, if it could be shown that
partnering with the military dictatorship,” she said.
they were abetting the Burmese military in human rights
“Hundreds of thousands have become refugees in order
abuses. Her professor, Jack Goldsmith, gave the paper an
to make way for development. This is what I discovered
“A,” but told Redford that she was an “idealist.”
my first summer, that human rights abuses were
EarthRights was founded after she graduated from
[12]
time outside the Holocaust context that a corporation
UVA Lawyer • Spring • 2005
happening in order to secure natural resources.” Law School News
Pictured clockwise, from top left: Rey Koslowski from the Rutgers Center for Global
Change and Governance; Keynote Speaker Paul Pillar, National Intelligence Officer for
the Near East and South Asia; Panel Members: (left) Sami Zeidan of the Permanent
Mission of Lebanon to the United Nations, Major Sean Watts of the U.S. Army Judge
Advocate General School, and Law School alumna Kate Martin ‘77 of the Center for
National Security Studies in Washington, DC; Law School alumnus Mark Sigrist ‘04, former
J.B. Moore Society President; and Shawn Boyne of the University of Wisconsin Law School.
.
Top Terrorism Experts at Symposium
Moore Society played host to 19 speakers,
O
of the Center for National Security Studies Kate Martin
6 moderators, and more than 150 audience
’77 and Director General of the Foreign Service and
members as part of its 2005 Symposium, “Beyond the
Director of Human Resources for the U.S. Department
U.S. War on Terrorism: Comparing Domestic Legal
of State Ambassador W. Robert Pearson ’68. Paul Pillar,
Remedies to an International Dilemma.” The event,
National Intelligence Officer for the Near East and South
co-sponsored by the Strategic Studies Institute at the
Asia, delivered the keynote speech.
n February 25 and 26 the John Bassett
U.S. Army War College, drew an audience of students
The symposium included presentations from Director
Find a recounting of the panels and video of the
and professors from other universities, U.S. government
keynote, “Perceptions of Terrorism: Continuity and
representatives, and members of the armed forces.
Change” at: News & Events at www.law.virginia.edu. UVA Lawyer • Spring • 2005
[13]
Law School News
Class of 2004 Law Clerks
The Fall 2004 UVA Lawyer contained an incomplete listing of the Class of 2004 Law Clerks.
This is the complete listing. We regret the error.
Adam Scott Aderton
Nuala Ellen Droney
Lee Benjamin Kovarsky
The Honorable J. Frederick Motz ’67
The Honorable Alfred Vincent Covello
The Honorable Jerry E. Smith
U.S. District Court for the District of
U.S. District Court for the District of
U.S. Court of Appeals for the Fifth Circuit
Maryland
Connecticut
Gretchen Ann Agee
Tirzah Sungyeh Fitzkee
The Honorable Steven M. Colloton
The Honorable James B. Loken
The Honorable James C. Cacheris
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. District Court for the Eastern District
Lauren Elise Kummerer
of Virginia
Derek Sterling Bentsen
Elizabeth Grace Lang
The Honorable Donald M. Haddock
The Honorable Frank Magill
Aaron Shane Foldenauer
U.S. Court of Appeals for the Eighth Circuit
The Honorable Robert R. Beezer ’56
U.S. Court of Appeals for the Ninth Circuit
Ivan Wolodymyr Bilaniuk
Alexandria City Circuit Court
Andrea Claire Mahady-Price
The Honorable Jacques L. Wiener, Jr.
The Honorable F. Bradford Stillman ’76
Karen Jennifer Francis
U.S. District Court for the Eastern District
The Honorable Carmen H. Alvarez
of Virginia
Superior Court of New Jersey, Criminal
Gregory John Mascolo
Division
The Honorable Ann D. Montgomery
Ben Marston Block
U.S. District Court for the District of
The Honorable Karen LeCraft Henderson
Jeremy Uyecio Gaw
U.S. Court of Appeals for the DC Circuit
The Honorable Orinda D. Evans
John Bottini
Minnesota
U.S. District Court for the Northern
Fern Mechlowitz
District of Georgia
The Honorable James Harry Michael, Jr. ’42
The Honorable Catherine D. Perry
U.S. District Court for the Western District
U.S. District Court for the Eastern District
Jessica Wren Goldthwaite
of Missouri
The Honorable Joseph S. Conte
Joseph Patrick Cooney
U.S. Court of Appeals for the Fifth Circuit
of Virginia
Superior Court of New Jersey, Criminal
Deborah Carleton Milner
Division
The Honorable Samuel B. Kent
The Honorable Robert G. Doumar ’53,
U.S. District Court for the Southern
LL.M. ’88
Michelle Renee Gonnam
U.S. District Court for the Eastern District
The Honorable Susan W. Calkins LL.M. ’01
of Virginia
Maine Supreme Judicial Court
Patrick Lee Coyle
Thomas Andrews Harvey
The Honorable Henry M. Herlong, Jr.
The Honorable Norman K. Moon ‘62
U.S. District Court for the District of South
U.S. District Court for the Western District
John Lee Newby
Carolina
of Virginia
The Honorable Haldane Robert Mayer
District of Texas
Mary Christine Moore
The Honorable Robert B. King
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Federal Circuit
[14]
Margaret Walker Davidson
Corban Addison Klug
The Honorable John Gilpin Heyburn II
The Honorable B. Waugh Crigler
U.S. District Court for the Western District
U.S. District Court for the Western District
of Kentucky
of Virginia
UVA Lawyer • Spring • 2005
Law School News
Unam Peter Oh
Anne McKenzie Roller
Emily Joy Vanderwilt
The Honorable C. Lynwood Smith, Jr.
The Honorable Benson Everett Legg ’73
The Honorable Edward Carnes
U.S. District Court for Northern District of
U.S. District Court for the District of
U.S. Court of Appeals for the Eleventh
Alabama
Maryland
Circuit
Allison Maria Orr
William David Sarratt
Seth Warren Whitaker
The Honorable J. Harvie Wilkinson III ’72
The Honorable Douglas H. Ginsburg
The Honorable Phyllis A. Kravitch
U.S. Court of Appeals for the Fourth
U.S. Court of Appeals for the DC Circuit
U.S. Court of Appeals for the Eleventh
Circuit
Circuit
Edmund Scott Sauer
Justin Amos Page
The Honorable Boyce F. Martin, Jr. ‘63
Jeffrey Paul Yarbro
The Honorable Samuel H. Mays, Jr.
U.S. Court of Appeals for the Sixth Circuit
The Honorable Gilbert S. Merritt, Jr.
U.S. District Court for the Western District
of Tennessee
U.S. Court of Appeals for the Sixth Circuit
Jacob Assail Schur
The Honorable John D. Rainey
Michael Stephen Passaportis
U.S. District Court for the Southern
The Honorable J. Harvie Wilkinson III ’72
District of Texas
U.S. Court of Appeals for the Fourth
Circuit
Karen Elisabeth Servidea
The Honorable Paul V. Niemeyer
Areshini Pather
U.S. Court of Appeals for the Fourth
Roanoke City Circuit Court
Circuit
Julie Ann Perschbacher
Kosta Stanko Stojilkovic
The Honorable Robert E. Payne
The Honorable John G. Roberts, Jr.
U.S. District Court for the Eastern District
U.S. Court of Appeals for the DC Circuit
Supreme Court Clerkships
for 2004–2005
Ryan Ashby Shores ’03
The Honorable William H. Rehnquist
of Virginia
Berin Michael Szoka
The Honorable H. Dale Cook
Anne Elizabeth Ralph
U.S. District Court for the Northern
The Honorable Kenneth F. Ripple ’68
District of Oklahoma
Supreme Court Clerkships
for 2005–2006
Michael Stephen Passaportis ’04
The Honorable William H. Rehnquist
U.S. Court of Appeals for the Seventh
Circuit
Supreme Court of the United States
Richmond City Circuit Court
The Honorable Robert I. Richter
District of Columbia Superior Court
Melissa Beth Arbus ’03
The Honorable John Paul Stevens
Jennifer Whitney Sublett
Alexander Fellows Powell
Supreme Court of the United States
Brett Richard Tobin
Supreme Court of the United States
The Honorable J. Frederick Motz ’67
Samuel Fraser Reid
U.S. District Court for the District of
The Honorable Dennis W. Shedd
Maryland
U.S. Court of Appeals for the Fourth
Circuit
Charles Hebard Paine Vance
The Honorable M. Blane Michael
Kevin Gafford Ritz
U.S. Court of Appeals for the Fourth
The Honorable Julia Smith Gibbons ’75
Circuit
U.S. Court of Appeals for the Sixth Circuit
UVA Lawyer • Spring • 2005
[15]
Faculty Briefs
Barbara Armacost ’89 appeared
BeVier also participated in a panel at a Symposium
on a panel, “Lawyers, Religious
on Law and Democracy sponsored by the George
Faith, and Social Justice: Our
Washington University Law School and held at the
Responsibility to ‘the Orphan,
Library of Congress. The topic of the panel was
the Widow, the Alien’ and
campaign finance reform, and BeVier discussed the
‘the Least of These,’” at the
fundamental constitutional issues that the new campaign
Pepperdine Institute on Law,
finance law raises.
Religion, and Ethics. The
panel explored the three ways
in which lawyers have a substantial impact on social
Vincent Blasi completed
justice: pursuing social justice directly by representing
an article, “Holmes and the
those in need in traditional legal aid offices, in criminal
Marketplace of Ideas,” which was
defense and prosecutors’ offices, and human rights
published in the Supreme Court
clinics; as office holders, governmental advisors, political
Review. Earlier in 2004, Blasi
commentators, and influential citizens who have a
presented drafts of this article at
substantial impact on social policy at local, state, and
workshops at the University of
national levels; and finally by representing corporations
Chicago Law School and Rutgers
and other businesses serving the cause of social justice
School of Law-Newark.
in their role as counselor to their clients, raising
social concerns with clients, and structuring business
arrangements that consider the impact of client actions
Richard Bonnie ’69 is chairing
on those in need.
a new study for the Institute
of Medicine of the National
Academy of Sciences. The
Lillian BeVier delivered a paper
committee is charged with
at the University of Minnesota
developing a long-term strategy
Law School for a symposium
for reducing tobacco use. The
in the fall celebrating the law
committee held its first meeting
library’s millionth volume. The
in May and will produce its
paper discusses several aspects
report in the summer of 2005. He is also co-chairing
of First Amendment doctrine
a new organization called Physicians and Lawyers for
that have been applied with
National Drug Policy (PLNDP). This organization, whose
surprising consistency over
members are a Who’s Who in American medicine and
time. In addition, it takes note of a new approach to
law, will promote a public health approach to public
First Amendment issues that Supreme Court Justice
policies relating to prevention and treatment of alcohol
Stephen Breyer has proposed. Expressing some skepticism
and drug problems.
about that approach, the paper compares it to the way the
Court has decided First Amendment cases in the past.
[16]
UVA Lawyer • Spring • 2005
Bonnie also continues to develop an interdisciplinary
program at the Law School on aging and the law, the
Faculty Briefs
Advocacy Clinic for the Elderly, funded by the Jessie Ball
Illness and the Death Penalty,” and “Unraveling Soviet
duPont Foundation. He is also serving on the Steering
Psychiatry: Changes in 15 Years.”
Committee for the University of Virginia’s new Institute
In addition to Bonnie’s continuing role as Chair
on Aging, directed by Professor Tim Salthouse from the
of the Institute of Medicine (IOM) Committee on
Department of Psychology. In September, the Institute
Reducing Tobacco Use, he is also serving on a new IOM
of Law, Psychiatry and Public Policy sponsored an
Committee on Increasing Rates of Organ Donation and
educational program for the Virginia Elder Law Attorneys
a new IOM/NRC Committee on Synthesis of Research
on competency assessment and the elderly, and Bonnie
on Adolescent Health and Development. He is also
spoke on the subject. Also in September, Bonnie wrote
serving on a new Steering Committee on Underage
an article on voting among elderly people with cognitive
Drinking for the National Institute on Alcohol Abuse
impairment that appeared in the Journal of the American
and Alcoholism, and on a new Max Plank International
Medical Association.
Network on Aging under the aegis of the University’s
At the request of the Dean of UVA’s Medical School,
Bonnie served on the search committee for a new chair
Institute on Aging.
Finally, Bonnie is co-authoring articles on “The
for the Department of Psychiatric Medicine. The new
Capacity to Vote of Persons with Alzheimer’s Disease,”
chair was appointed in the fall.
American Journal of Psychiatry (in press, 2005); “From
In May, Bonnie presented “The Death Penalty and the
Coercion to Contract: Reframing the Debate on
Supreme Court,” at the Annual Meeting of the American
Mandated Community Treatment for People with Mental
Psychiatric Association in New York, and “The Ethics of
Disorders,” Journal of Law and Human Behavior (in press,
Medical Cannabis for Policymakers and Physicians,” at
2005); “The National Organ Transplantation Act after
the 3rd Annual Conference on Cannabis Therapeutics
Twenty Years: A Time for Reform,” (under review at the
in Charlottesville. In June, he presented “Reducing
Journal of the American Medical Association); “Addressing
Underage Drinking: A Collective Responsibility,” at
the Ethical, Legal and Social Issues Raised by Voting by
the 3rd Annual Conference on Public Health and the
Persons with Dementia,” Journal of the American Medical
Law, in Atlanta, and in October, “Mental Illness and the
Association (2004); and “License as Leverage: Mandating
Death Penalty,” to the Grand Rounds for Department
Treatment for Professionals,” International Journal of
of Psychiatry, Virginia Commonwealth University,
Forensic Mental Health (2004).
Richmond.
In January, Bonnie presented a paper entitled
“Mandated Naltrexone Use by Criminal Offenders: A
Rosa Brooks, along with co-
Legal Analysis” (legal issues raised by ordering addicted
authors Jane Stromseth and
offenders to take naltrexone, an opiate antagonist, as
David Wippman, finished the
a condition of parole or probation) at the University
manuscript of book on building
of Pennsylvania at a conference on addiction and the
the rule of law in the wake of
criminal justice system; and a paper entitled “Mentally
military interventions. The
Ill Prisoners on Death Row: Unsolved Puzzles for Courts
book project was sponsored
and Legislatures,” at a Symposium on Mental Illness and
by the American Society of
the Death Penalty, at Catholic University Law School.
International Law and funded by
In February, he presented a paper entitled “National
Organ Insurance: A Plan for Increasing the Supply
of Organs for Transplantation” at UVA’s Institute for
the U.S. Institute for Peace and the Carnegie Endowment
for Peace.
Brooks also completed an article, “War Everywhere:
Practical Ethics and Public Life; and in May he will be
Rights, National Security Law, and the Law of Armed
presenting two papers at the Annual Scientific Meeting
Conflict in the Age of Terror” forthcoming in the
of the American Psychiatric Association: “Mental
University of Pennsylvania Law Review. She also presented
UVA Lawyer • Spring • 2005
[17]
Faculty Briefs
papers this spring at Vanderbilt, Georgetown, Princeton,
for his international work helping the emerging nations
and Boalt Hall, and served as coordinator of the Kerry-
of Eastern Europe insert “protections for the rights of
Edwards campaign’s Human Rights, Democracy &
citizens into their new constitutions.”
Development policy team.
He was in residence as the Thomas Hawkins
Johnson Visiting Scholar at the U.S. Military Academy
at West Point, appointed at the nomination of the
Risa Goluboff won the William
Academy’s law and history departments. He lectured
Nelson Cromwell Foundation
on subjects including American constitutional history
Fellowship, which supports
and the Supreme Court, and did a faculty workshop in
the work of junior legal
constitution-making in Iraq and Afghanistan.
historians. She is publishing
reviewing the 2003–2004 decisions of the Supreme
Review, June issue, called “The
Court of the United States at the annual meeting of
Work of Civil Rights Before
the Virginia Bar Association, and gave lectures and
Brown v. Board of Education:
presentations to other groups, including the Council
Purging Labor Cases from the NAACP’s Legal Strategy.”
for America’s First Freedom, the Jepson School of
In addition, Goluboff presented a paper at the American
Leadership Studies at the University of Richmond, the
Society for Legal History in October called “The Work
Brookings Institution, the Federal Executive Institute,
of Civil Rights Before Brown v. Board of Education,”
and the Sorenson Institute for Political Leadership at the
and presented the same paper to the Harvard Faculty
University of Virginia.
Workshop in November. Goluboff is on the program
At Governor Warner’s request, Howard organized
committee for the Law and Society Association’s annual
the Governor’s Legal Fellows’ Program that selects law
meeting taking place this June in Las Vegas.
students who spend a day a week in Richmond working
Goluboff has a contract with Harvard University
with the Counselor to the Governor. He also testified
Press for her book, The Lost Origins of Modern Civil
before a joint subcommittee of the General Assembly on
Rights, which won the 2004 Law and Society Association
proposals to amend the Constitution of Virginia to allow
Dissertation Prize.
a governor to serve a second consecutive term.
A.E. Dick Howard ’61 gave
Karen Moran has joined the Law School as professor
the Caroline Robbins Lecture
of legal research and writing. Moran graduated with
at the University of London
high honors from Duke Law School in 1988, and
on “The Global Voyage of
then clerked for Judge Thomas Clark on the Eleventh
American Constitutionalism:
Circuit. She practiced three years with Fulbright &
The Influence of the American
Jaworski in Washington, DC, and then served four
Constitutional Experience in
years as a staff attorney with the EEOC. After moving
Other Lands.” The Caroline
to Charlottesville, Moran resumed a relationship with
Robbins Lecture is one of the
Fulbright & Jaworski, becoming of-counsel to that firm
most prestigious lectures at the University of London.
and focusing chiefly on appellate litigation. Among
Previous lecturers have included Bernard Bailyn and
other projects, she worked on amicus briefs in Grutter v.
Gordon Wood.
Bolinger and Hopwood v. Texas.
Howard also received the George C. Marshall Award
in International Law and Diplomacy, awarded by the
Greater Richmond chapter of the World Affairs Council,
[18]
Howard also organized and moderated a panel
an article in the UCLA Law
UVA Lawyer • Spring • 2005
Faculty Briefs
In April, Michael Klarman
the Civil Rights Movement” and the other a graduate
gave a talk to the legal history
student workshop on “Brown and Lawrence.”
colloquium at Villanova, and
Klarman gave a lecture at Norfolk State University,
in March, appeared on the
“Brown and the Civil Rights Movement,” and then
“Great Minds” broadcast of the
traveled from Norfolk to Los Angeles through Boston,
Continuing Judicial Studies
where he attended the Red Sox’s series-clinching victory
Education Committee of the
over the Anaheim Angels in the first round of the
California judiciary discussing
playoffs.
various aspects of the Brown
In September, Klarman spoke at the Federal Judicial
decision. In January, he appeared at a faculty workshop
Conference’s National Workshop for U.S. District Judges
at Washington & Lee and in December, presented “Brown
in Seattle on “Why Brown was a Hard Case,” and is now
v. Board: A 50th Anniversary Retrospective” to Florida
working on an essay on Scottsboro for a book to be
circuit judges and to state appellate judges emphasizing
published on Criminal Procedure Stories.
the ethical considerations raised by the case. These two
talks were part of the 2004 annual education program of
the Florida judiciary at Amelia Island Plantation.
In November, Klarman gave a talk to the New York
In November, Clarisa Long
presented her paper, “Intellectual
office of Facing History and Ourselves, an organization
Property Privileges,” at the
which educates high school students about racial
University of California Berkeley
tolerance. This was in connection with the publication of
School of Law. That same
his talk entitled, “The History of Black Enfranchisement
month, she presented her paper,
and Disfranchisement.” Also in November, Klarman
“Dilution,” at Columbia Law
appeared at the Federalist Society annual convention,
School, and plans to present this
participating in a plenary panel on “Brown and the
paper at the UCLA Intellectual
Original Understanding,” and gave a talk at the City Club
Property Scholarship Colloquium this spring, where she
of Cleveland, “Brown and the Civil Rights Movement,”
will also be a commentator. In February, she presented
in conjunction with the Battisti lecture that he delivered
“Patents from Contracts to Acts” at the Chicago
at Case Western Reserve School of Law entitled “Why
Intellectual Property Colloquium.
Brown was a Hard Case.” He also taped an appearance
on For the Record, Cleveland’s local public-television
program that aired in February about his book, From
Elizabeth Magill ’95 spoke in
Jim Crow to Civil Rights.
September at a lunch sponsored
In October, Klarman was the first annual scholar-in-
by the University of Virginia’s
residence for the Continuing Judicial Studies Program
American Constitution Society
of the California judiciary. He gave a plenary lecture on
about her paper, “The Revolution
“Brown and the Civil Rights Movement,” a presentation
that Wasn’t.” The paper is
on “Why Brown was a Hard Case,” and taught a class
about separation of powers
on “Personal and Moral Dilemmas in Judging,” which
jurisprudence in the Rehnquist
focused on ethical conflicts raised by Brown and its
Court.
enforcement. Klarman also presented a paper, “Brown
In October, Magill appeared on a panel organized
and Lawrence,” at the University of California at Los
by the Administrative Law & Regulatory Practice
Angeles School of Law’s legal history colloquium. During
Section of the American Bar Association. The panel
that same trip, he gave two talks at the University of
topic was “Advisory Committees, Confidentiality and
Southern California, one a university lecture, “Brown and
the Constitution.” Her talk, “Legal Argument without
UVA Lawyer • Spring • 2005
[19]
Faculty Briefs
Law,” was about the case seeking information about the
Analysis of supplemental executive retirement plans and
workings of the National Energy Policy Development
change-in-control payments to executives at S&P 500
Group headed by Vice President Dick Cheney.
Companies” (with Rajesh Aggarwal) to the Law School’s
Magill presented a paper “Agency Self-Regulation”
at the Law School’s faculty retreat in January, at the
faculty workshop.
Malani has also submitted to the Journal of the
University of Colorado School of Law in February, and
American Statistical Association “Testing for Placebo
at University of Michigan School of Law in March. The
Effects Using Data from Blinded Clinical Trials;” to the
paper discusses administrative agency actions that limit
Journal of Law and Economics “The Impact of Joint &
their discretion when no source of law would require
Several Liability on Plaintiff Recovery and Co-Defendant
them to do so.
Solvency: Evidence from Asbestos Litigation” (with
In December, Magill was awarded and has now
Charles Mullin); to the Virginia Law Review “Habeas
accepted a fellowship from the Program in Law and
Bargaining;” and to the Journal of Public Economics “Are
Public Affairs at Princeton University. She will spend
Non-Profits Really For-Profits in Disguise? Evidence from
the 2005–2006 academic year in Princeton working
Executive Compensation in the Nursing Home Industry”
on a project on the health, safety, environmental, and
(with Albert Choi).
consumers’ rights movements of the 1960s and 1970s and
their implications for public law.
In February, Malani conducted a randomized
controlled trial of the effects of caffeine on blood
pressure on 90 subjects at the University of Virginia’s
General Clinical Research Center to provide a more
Anup Malani presented “Are
powerful test for the importance of patient expectations
Non-Profits Really For-Profits
in mediating the pharmacological effects of medication.
in Disguise? Evidence from
The trial employed a novel design from Malani’s Ph.D.
Executive Compensation in the
dissertation. It will be able to distinguish between placebo
Nursing Home Industry” (with
effects that directly affect the physiology of patients
Albert Choi) to a University of
versus placebo effects that are mediated by unobserved
Virginia Summer Workshop
behavioral changes in patients.
(August), the Georgetown
placebo effects to determine how widespread placebo
and the New York Federal Reserve Bank/Princeton
effects are and to take advantage of a simple test for
University conference on on-profit corporate governance
placebo effects that he devised in his Ph.D. thesis. With
(September), Northwestern University Law School
the invaluable assistance of library staff and research
(February), Washington University Law School
assistants, Malani reports he is gathering data from over
(February), Columbia Law School (February), the
2000 clinical trials of a number of different ailment-
University of Virginia economics department (March),
medication combinations. These include statins for
and the University of Alabama Business School (March).
hypercholesterolemia, smoking cessation therapies such
In November, Malani presented “The Option Value of
as nicotine patch and gum, impotence therapies such as
New Therapeutics” (with Faifang Hu) to the University of
Viagra and Cialis, antibiotics for bronchitis, antibiotics
Chicago conference on pharmaceutical innovation.
for diarrhea, analgesics for pains, and others. The goal
In January, he presented “Bayesian Interpretation”
to the Law School’s Faculty Research Conference, and
in February, he presented “The Effect of Patient Self-
[20]
Malani is also directing a data-gathering project on
Law Center (September),
is to perform meta-analyses of gathered trials so as to
quantify the size of placebo effects for each.
Working with Rajesh Aggarwal and with the aid of
Selection on Outcomes in Clinical Trials, with Evidence
eight Law School students, Malani is gathering data on
from Ulcer Trials” to the Washington University Business
supplemental executive retirement plans (SERPs) and
School. In April, he presented “Preliminary Results from
change-in-control (CIC) payments to top executives
UVA Lawyer • Spring • 2005
Faculty Briefs
of S&P 500 companies during the period 1994– 2003.
of the American Journal of International Law in April. He
The purpose of this research is to shed light on these
has served for the past two years as a Vice President of the
two components of executive pay that have thus far
American Society of International Law, and spoke at the
eluded serious public attention. This project will be the
Society’s annual meeting in Washington, DC, on a panel
first to provide concrete numbers on the trends in the
addressing “Protection or Control? — Regulating the
use of SERPS and CIC, the effect that they have on the
Movement of People in a Globalized World.”
performance-sensitivity of CEO pay, and the effect that
In October, Martin delivered a lecture in the
CIC payments generally (not just golden parachutes)
Law School’s Caplin Pavilion on the subject of
have on merger and acquisitions activity. This research
“Dual Nationality: TR’s ‘Self-Evident Absurdity’”
is jointly sponsored by the Law School and UVA’s
— the inaugural chair lecture for the Warner-Booker
McIntire School of Commerce. Preliminary results will
Professorship. The lecture is available at www.law.
be presented at a Law School faculty workshop in April.
virginia.edu/uvalawyer. Among many activities at the Law
Malani also serves on the Law School’s entry level
School, he took part in a panel for students in September
appointments committee and organizes the Health Law
addressing the Supreme Court’s recent term and spoke
and Policy Speaker Series sponsored by the Sadie Lewis
on the enemy combatant cases, Hamdi v. Rumsfeld,
Webb Program in Law and Biomedicine.
Rumsfeld v. Padilla, and Rasul v. Bush.
Martin was invited to testify before the 9/11
Commission on preventive detention under the
David Martin has been
immigration laws and under the asserted power to
appointed a Non-Resident
designate persons as enemy combatants. At a conference
Fellow of the Migration Policy
in March 2004 at Boston College Law School on “line-
Institute (MPI). MPI, based
drawing in the war on terrorism,” Martin sketched
in Washington, DC, provides
proposals for how courts should deal with challenges to
nonpartisan research and policy
the U.S. government’s detention of enemy combatants.
analysis on global migration
His work seeks a middle ground protective of liberty
and immigrant integration.
but sensitive to the need for military effectiveness in
His work at MPI will focus
the struggle against terror. He also presented a paper
on the legal aspects of migration management at the
on immigration and terrorism at a conference held at
national and global levels, drawing upon his extensive
the University of California, San Diego that month.
writing in the field and his service as General Counsel
In May, he was invited to present a paper critiquing
of the Immigration and Naturalization Service in the
the President’s temporary worker immigration reform
mid-1990s. MPI also appointed Michael Fix ’77 as Vice
proposal at the Council on Foreign Relations in New
President and Director of Studies. Fix, an expert on
York, as part of a study program chaired by noted
immigrant integration, previously served as Principal
economist Jagdish Bhagwati. And he served as a faculty
Research Associate at the Urban Institute. “Having these
member at workshops for federal district court judges
two highly respected scholars and innovators in the
sponsored by the Federal Judicial Center. He taught
field join us will deepen the Institute’s ability to provide
a session on developments in immigration law at the
independent analysis and policy insight on all aspects
Center’s workshops in Philadelphia in April, Chicago in
of global migration, one of the most compelling policy
July, and Seattle in September.
and political issues of our time,” said MPI President
Demetrios Papademetriou.
Martin, who is Warner-Booker Distinguished
Last fall Martin completed a 200-page study for the
U.S. Department of State, titled “The United States Refugee
Admissions Program: Reforms for a New Era of Refugee
Professor of International Law and Class of 1963
Resettlement.” Chartered as part of the Department’s
Research Professor, was elected to the Board of Editors
effort to revitalize refugee admissions, which had fallen
UVA Lawyer • Spring • 2005
[21]
Faculty Briefs
off steeply in the aftermath of September 11, the report
Thomas Nachbar presented a
analyzes the factors that complicate refugee admissions in
paper, “Monopoly, Mercantilism,
the 21st century and makes concrete recommendations for
and Intellectual Property”
changes. Martin was invited to speak about the report at
at Georgetown and Boston
the annual meetings of organizations that support refugee
University and will be presenting
resettlement, the Ethiopian Community Development
it as part of the Chicago-Kent
Council in May 2004, and Church World Service and
College of Law Intellectual
the Episcopal Migration Ministries in February, as well
Property Colloquium in April.
as earlier sessions sponsored by the Council on Foreign
The paper challenges a recent
Relations and MPI. He also spoke on this topic as
set of arguments in intellectual property scholarship that
luncheon speaker at the Global Immigration Summit of
are premised on historical claims about 17th-century
the American Immigration Lawyers Association in New
intellectual property regulation. The argument of the
York in October. And he presented some of the report’s
paper is that current authors have misunderstood the
preliminary conclusions to a conference at Columbia
context — mercantilism — in which that regulation
Law School held in memory of noted refugee scholar and
was taking place, causing them to misunderstand the
activist Arthur Helton, who was killed in the bombing of
regulations themselves and their value as models for
UN offices in Baghdad.
modern intellectual property rules.
Dan Meador moderated a panel discussion on the future
This spring, Jeffrey O’Connell
of appeals at the inaugural conference of the Appellate
will be working with Harvard
Judges Education Institute in Dallas in November.
Law School professors Kip
Meador is currently serving on the steering committee
Viscusi and Joni Hersch on
planning a national conference on appellate justice to be
an empirical study, based
held in Washington, DC, in November 2005.
on data filed with Texas and
Florida insurance departments,
comparing the present costs
John Monahan, currently a
of paying medical malpractice
member of the National Scientific
claims with the costs under a proposal authored by
and Policy Advisory Council,
O’Connell called “Early Offers.”
Hogg Foundation for Mental
project, co-authored with two economists, on an
of the American Psychology-Law
economic model comparing the costs mentioned above
Society Series, Oxford University
as between present medical malpractice claims and those
Press, published articles in
dealt with under the “Early Offers” proposal.
2004 in Criminal Justice and
In February, O’Connell spoke at a symposium on
Behavior; the International Journal of Forensic Mental
non-economic damages in tort law at the University of
Health; the Annual Review of Psychology; Psychiatric
New Mexico with the resulting papers to be published in
Services; Psychology, Public Policy, and Law; the Journal of
Consulting and Clinical Psychology; and Behavioral Sciences
and the Law. The articles cover topics such as violence risk
assessment and management, mandating treatment for
professionals, and the relation between personality traits
and violence in psychiatric patients.
[22]
O’Connell will also be completing a related research
Health and on the editorial board
UVA Lawyer • Spring • 2005
Faculty Briefs
the New Mexico Law Review. He is also completing
The Thomas Jefferson Center
another paper on non-economic loss in tort law to
for the Protection of Free
be published in an international law journal as a part
Expression, under the leadership
of a festschrift honoring Bill Dufwa who is retiring
of its director, Robert O’Neil,
as Professor of Insurance Law at the University of
filed two amicus curiae briefs in
Stockholm.
the Supreme Court of the United
O’Connell is also completing a chapter on tort law
States in the Livestock Marketing
in a book edited by Professor Paul Carrington of Duke
and Tory v. Cochran cases. In
Law School and published by the New York University
October, O’Neil gave part of the
Press on how the law in various fields has backfired in
Catherine Stratton Lecture at MIT. In February, O’Neil
supposedly protecting the needy.
spoke at a plenary session of the College Art Association’s
Annual Meeting in Atlanta, and a week later, in
Scott Receives University’s Highest Honor
A
fter conferring honors on 347 third-year
UVA students, President John T. Casteen III
announced Robert E. Scott as this year’s winner
of the Thomas Jefferson Award. When the former dean
of the Law School tried to return to his seat, Casteen
beckoned him back to stand through an extended
round of applause before sharing some of the beloved
faculty member’s accomplishments with those at Fall
Convocation on October 22.
In presenting the award, Casteen noted that Scott,
a nationally renowned teacher and scholar in the fields
of contracts, commercial law and bankruptcy, was
receiving UVA’s highest honor for his “integrity and
honor, bold and skillful leadership, unfailing civility
University President John Casteen presents Bob Scott the Jefferson
Award. Seated at right is UVA Rector Gordon Rainey ’67.
and uncompromising excellence … qualities that have
distinguished [his] tenure as dean and his 35 years of
intellectual tone and agenda for the Law School. Prior to
teaching and scholarship.”
becoming dean, he founded the Legal Studies Workshop
Under his leadership, the School of Law completed
at the school, one of the first faculty colloquia of its
a capital campaign in 2000, raising $203 million.
kind. As dean, he urged the Law School community to
Scott also spearheaded the most ambitious building
aspire to preeminence in its teaching mission and in the
project in the school’s history, the renovation of the
equally important obligation of engaging in scholarly
David A. Harrison III Law Grounds, completed in 1997,
research that advances the University’s core function as
followed by the law student-faculty meeting and dining
an institution dedicated to the search for truth.
center, completed in 2002. The central meeting area of
this center is appropriately named “Scott Commons.”
An important part of Scott’s role has been to set the
Scott, who returned to teaching in 2001, is currently
a David and Mary Harrison Distinguished Professor
of Law. UVA Lawyer • Spring • 2005
[23]
Faculty Briefs
Cincinnati, judged the Scripps-Howard First Amendment
Last spring, Rutherglen gave his chair lecture
Journalism Awards. In late March, he was a panelist at
as the John Barbee Minor Distinguished Professor
the Cosmos Club’s Legal Affairs Forum, dealing with
on “Controversy, Consensus, and the Concept of
journalists’ sources.
Discrimination.” The talk focused on the philosophical
O’Neil has signed a contract with the Harvard
justification for prohibitions against discrimination,
University Press for a book tentatively entitled The Future
using this perspective to account for the issues, such as
of Academic Freedom that will help fulfill “the need for a
affirmative action, that have proved to be subjects of
critical reexamination of academic freedom arising from
enduring controversy.
the current confusion and uncertainty on the college
campus and well beyond.”
Rutherglen was recently appointed to the ABA
Standing Committee on Federal Judicial Improvements,
chaired by David Landin ’72. The Committee examines
issues of current concern in the federal courts, such as
Dan Ortiz was co-editor and co-
judicial independence, adequacy of judicial funding, and
author of The Campaign Practice
pending changes in federal rules and jurisdictional statutes.
Guide and its associated website,
which came out in August; and
of Enhancing Values: Practical
In October, Elizabeth Scott ’77
Campaign Reforms for States,
presented a paper at a conference
which was published by The
on the ALI principles of the
Reform Institute. Ortiz continues
Law of Family Dissolution at
to pursue the wine and beer
Harvard Law School. Her article,
distribution case currently in federal court.
“Marriage, Cohabitation, and
Collective Responsibility for
Dependency” was published in
George Rutherglen has
the University of Chicago Legal
concentrated recently on writings
Forum.
in civil rights law, including a
new edition of his book, Major
Issues in the Federal Law of
Stephen Smith ’92 was a
Employment Discrimination
panelist on the William
and a forthcoming casebook,
Howard Taft Supreme Court
Employment Discrimination:
Review at the University Club,
Law and Theory. Both works
Washington, DC (Summer
provide an informed and current view of the law in this
2004). The panel discussed
field emphasizing ongoing changes in legal doctrine
the most significant decisions
and, in the casebook, the economic foundations of
of the Supreme Court of the
prohibitions against discrimination. Rutherglen has
United States from the October
also published articles on “Custom and Usage as Action
2003 Term, including the “enemy combatant” cases, the
Under Color of State Law” in the Virginia Law Review
Pledge of Allegiance case, and the Sixth Amendment
and on “The Improbable History of Section 1981” for
case Blakely v. Washington. Co-panelists included
The Supreme Court Review. Each offers a close historical
Chief Judge Loren Smith (moderator), Judge (and
analysis of the development of civil rights law from its
former Solicitor General) Kenneth Starr, former Acting
origins in Reconstruction to the present day.
Solicitor General Walter Dellinger, and Georgetown Law
Professor Michael Seidman.
[24]
UVA Lawyer • Spring • 2005
Faculty Briefs
Smith also presented at the University of Michigan
In October, Paul Stephan ’77
Legal Theory Workshop Series a talk entitled,
made a presentation to the
“Proportionality and Federalization” based on his article
competition committee of the
of the same name forthcoming in the Virginia Law Review.
Organization for Economic
The article shows that, contrary to the conventional
Cooperation and Development
wisdom, the fault for the remarkable severity of federal
in Paris on the arguments against
criminal sanctions and the “federalization” of crime
regulatory harmonization in the
cannot be laid entirely at the doorsteps of Congress and
field of antitrust. That month, he
the Department of Justice. Rather, the federal courts
also presented his paper “Process
themselves bear a large share of the fault for adopting
Values, International Law, and Justice” to a conference on
interpretive strategies that make federal criminal law
“Justice and Global Politics” organized by the philosophy
broader and more severe than necessary and thus drive up
department of Bowling Green University. In December,
incentives for taking cases federal instead of leaving them
Stephan made a presentation to the faculty of the
to state authorities. While professing to adhere to a “rule
Fondation National des Sciences Politiques (Sciences Po)
of lenity” that narrowly construes ambiguous criminal
in Paris on the enforcement of international law in the
statutes in favor of the defendant, the Supreme Court
United States. During fall semester, he taught courses on
actually follows what might be called a “rule of severity”
international commercial law and international economic
broadly construing criminal statutes against defendants
law at Paris II, and a course on international regulatory
where morally blameworthy conduct is at stake. The rule
governance at Paris I and Sciences Po.
of severity is applied even when expanding the reach of
a federal criminal statute will substantially increase the
penalty authorized for a criminal act under other federal
Walter Wadlington delivered
statutes or state law. The article shows that by changing the
the Matthews Lecture as the
interpretive strategies courts follow in criminal cases, they
Inaugural Sesquicentennial
can help counter the federalization of crime and restore a
Event at the School of Law of
sense of moral proportion to federal punishments.
the University of Mississippi
In an article entitled “Innocence and the Guilty
on October 14. The topic
Mind” (in progress), Smith discusses recent innovations
was “Consent and Informed
by the Supreme Court in the area of federal mens rea
Consent to Medical Treatment:
doctrine. The claim is that, although the Court is right to
A Sesquicentennial View.” use mens rea requirements to make moral “innocence” a
defense to federal criminal charges, the Court’s current
approach is inadequate to achieve that objective. Moreover,
the Court’s understanding of “innocence” is unduly
narrow: “innocence” protection, properly understood,
involves more than simply avoiding punishment for
blameless acts and includes ruling out disproportionately
severe punishments for blameworthy acts. The article
proposes a number of ways in which federal mens-rea
doctrine should be reconfigured in order to accomplish the
“innocence” protection the Court seeks to achieve.
UVA Lawyer • Spring • 2005
[25]
LL.M. Grads Come From Different
Places, Leave With Tight Bonds
Denise Forster
S
tudents in the Law School’s Graduate Studies
business in the U.S. or their governments are interested in
Program — the LL.M. Program — come from
the American way of doing things,” said Michael Dooley,
myriad nations and different stations in life.
William S. Potter Professor of Law and Director of
Some have practiced law, perhaps in Buenos Aires, others
have taught finance, maybe in Seville. But they leave
Graduate Legal Studies.
“Virginia’s LL.M. students are talented individuals
their jobs or government posts and make their way to
with wide-ranging interests and experiences who make
Charlottesville to learn about the American legal system
important contributions to life in and out of the Law
and its countless intricacies. Can it be done in just a year?
School classroom,” Dooley said. By maintaining its small
A year is all they have. With the help of the Graduates
and selective program, the Law School ensures a supportive
Studies Program staff, LL.M. students find a home, grasp
atmosphere for students. In a typical year, the program
Virginia culture, and settle in for challenging classes. For
admits several dozen students, all holders of the academic
more than 40 years, the LL.M. Program has provided a
degree regarded as their countries’ first professional degree
graduate American legal education to lawyers who have
in law (equivalent to the J.D. degree). Virtually all are from
obtained their first law degree in their home countries.
abroad, but occasionally some are members of the U.S.
“Most are young lawyers who have been practicing in
military’s Judge Advocate General Corps.
their home countries but want to learn about the U.S.
legal system because some of their clients are doing
Students fashion individual courses of study under
Dooley’s guidance, taking courses with upper-level J.D.
students. The LL.M. Program is designed to provide both
a broad introduction to American law and legal theory,
and advanced training in specialized areas of the law that
are relevant to the individual student’s planned career in
private practice, academics, or public service.
In their exit interviews LL.M. Program alumni
repeatedly praise the quality and collegiality of Virginia’s
program. They form deep bonds with the school and
their classmates and become the best recruiters for
future students. Many students find fascinating the
approachability of the faculty and the openness of the
J.D. students.
Two recent LL.M. alumni’s comments about their
respective experiences in the program appear at right.
Angela Henke earned her Ph.D. from Muenster University
and will soon be serving a clerkship with the European
Court of Human Rights in Strasbourg. Sergey Peremyslov
is Counsel for American Express in the General Counsel’s
Office in London. He is focused on emerging markets in
the Europe, Middle East, and Africa region. [26]
UVA Lawyer • Spring • 2005
FROM RECENT GRADS:
UVA LL.M. CLASS OF 2004
Angela Henke LL.M. ’03
Sergey Peremyslov LL.M. ’03
Germany
Russia
My LL.M. studies at the Law School were the
The academic advisers help to tailor the study
greatest year of my life.… The uniqueness of
program to the specific needs of each individual
Virginia is a great opportunity for LL.M.s to get
international student. In my case it was an excellent
very close to each other, each other’s families,
combination of theoretical and practical courses.
J.D. students, law professors, and local residents.
Theoretical subjects included a splendid course
Every LL.M. may obtain a J.D. Buddy, and the
on U.S. contract law — taught by a distinguished
LL.M. class has several J.D. Peer Advisors. My
professor — and corporate law subjects, while
personal appreciation of UVA has grown steadily
practical courses consisted of a legal negotiations
as I think back on all the great social events that
and communications techniques workshop and an
encouraged interaction among students, families,
international banking transactions class taught by a
and professors. I also think that the perfect size of
managing director of Deutsche Bank. The Virginia
the Virginia LL.M. class contributed to our growing
LL.M. program attracts the best legal practitioners
together and remaining in contact with each other.
from all over the world and the friendships and
I consider these new friendships to be the most
contacts made during the program are a valuable
important thing about the LL.M. program.
asset for any lawyer pursuing an international legal
career.
UVA Lawyer • Spring • 2005
[27]
INTERNATIONAL SUCCESS THE OLDFASHIONED WAY
International Success
the Old-Fashioned
Way
Brian Powers ’74 Uses Integrity,
Judgment, and Analysis to
Drive Private Equity Firm
Cullen Couch
Remember
Y2K and the bleary-eyed corporate IT teams scrambling frantically to
save their businesses from imploding at the tick of a clock? Happily, their efforts ensured that the new
millennium would dawn with the infrastructure humming contentedly, and we all breathed a little
easier. But that complacency was premature. Other more insidious forces were at work that would soon
damage public trust in the free market system. They were the corporate scandals at Enron, Tyco, Vivendi,
WorldCom — the list of companies is long and still growing — that revealed an appalling breakdown of
institutional ethics in the corporate world.
And that disturbs Brian Powers ’74, Chief Executive Officer of private equity investment firm
Hellman & Friedman and a man who has spent his entire professional life playing, and winning, by the
rules. Powers’s management style relies heavily on teamwork — a system built on trust — and it has
been a resounding success in an array of businesses around the world, including publishing giant Axel
Springer, television broadcaster ProSiebenSat.1, racing company Formula One Holdings, Australian
newspaper publisher John Fairfax Holdings Limited, and reinsurance company Mid Ocean Limited.
Powers understands the performance pressures at the top of corporate life and sees a dire need for
rebuilding an ethical standard that used to be the norm.
UVA Lawyer • Spring • 2005
[29]
INTERNATIONAL SUCCESS THE OLDFASHIONED WAY
“The barbarians aren’t just at the gate; they are next
in 1991 and then served for five years in Australia as
to you,” says Powers. “Sometimes the barbarian is your
Managing Director and Chief Executive Officer of both
boss pushing you to do things. There are now greater
Consolidated Press Holdings Limited and Publishing
temptations and fewer institutional safeguards built in to
and Broadcasting Limited. Powers rejoined Hellman &
prevent ethics abuses.”
Friedman in 1999 and since then has led the firm’s worldwide investments in media, professional services, telecom,
“Financial Alchemist” Attracts International Attention
By any measure, Powers’s business career has been
software, and technology service industries.
As one who quickly developed a reputation for superb
remarkable in both speed of ascent and breadth of
business instincts and a strong work ethic, Powers had
experience. Raised in Massapequa, New York, Powers
many options to join businesses that intrigued him. “I
went to Holy Cross to play football and then transferred
never left a job because I didn’t like it,” he says. “Quite the
“I LIKE DEVELOPING THE TEAM and being very clear on what
you are trying to accomplish: drive shareholder value while protecting
the interests of all the stakeholders, including the employees.”
to Yale where he received his undergraduate degree
contrary. I just got excited and enticed by things that at
in economics. Powers excelled in his studies at UVA
that point looked really fun and interesting. That’s why I
Law School. He graduated near the top of his class and
went to Hong Kong, then Australia, and they each turned
accepted a teaching fellowship at Stanford University
out to be great experiences.”
Law School. A year later, he joined Debevoise, Plimpton,
Lyons & Gates in New York where he worked in their
mergers and acquisitions group. After two years, he
Powers doesn’t follow the model of an all-powerful
joined the Ford Foundation, originally as their financial
CEO running the company as a personal fiefdom. Rather,
counsel, but after a few months the Foundation put his
he relies on a strong management team. “I’ve been lucky
demonstrated financial acumen to work running their
enough to be chief executive or chairman in most places
venture-capital and real-estate portfolio. A few years
I’ve been, and playing that leadership role as part of the
later, he caught the attention of Australian financier
team is very enjoyable. I also think it’s better than the
James D. Wolfensohn, who hired Powers to help him
autocratic approach that you see in some organizations.
start James D. Wolfensohn, Inc., New York’s first
I like developing the team and being very clear on what
boutique merchant bank.
you are trying to accomplish: drive shareholder value
In 1987, the legendary Hong Kong holding company
Jardine Matheson, the model for novelist James Clavell’s
“Struan and Company,” hired Powers, just 37 years old
while protecting the interests of all the stakeholders,
including the employees.”
Powers describes Hellman & Friedman’s strategy
and an American, to be its managing director, or tai-
as “pretty simple.” First, the firm looks for strong
pan. A New York Times article written shortly thereafter
“defensible franchises” with earnings growth potential
described Powers as a “financial alchemist” who had
and with free cash flow that doesn’t have to be put
developed a reputation for creating and successfully
back into capital expenditures. Second, they look for
completing highly complex financial restructurings that
businesses either with strong management teams or the
were the wonder of Wall Street.
ability to attract them. As the firm finds businesses that
After serving at Jardines, Powers returned to
Wolfensohn. He joined Hellman & Friedman briefly
[30]
A Formula for International Success
UVA Lawyer • Spring • 2005
fit these criteria, it develops the expertise needed for
those industries, and then looks for any opportunities
INTERNATIONAL SUCCESS THE OLDFASHIONED WAY
available in OECD (Organization for Economic
Powers is not sure how much that process translates
Cooperation and Development) countries. According
into substance. “I’m not convinced that Sarbanes-Oxley
to Powers, Hellman & Friedman doesn’t invest in
has yet made a difference in protecting investors and
developing countries since few businesses there fit the
consumers from corporate malfeasance.”
firm’s criteria. Further, “we also typically write equity
A strong supporter of the Law School (his son
investment checks for $200–300 million and there are
Jeremy is a second year), Powers thinks it is now more
few opportunities of that scale in those countries.”
important than ever to teach ethics because “there are
Business practices vary widely in the different
more pressures on people to cut corners than there ever
countries, says Powers. His firm must adapt to the market
have been. When I came out of law school, firms had
and understand its economic cycle, its labor unions, its
an incredibly strong sense of ethics and so did their
employment laws, and the cultural norms prevailing in
clients. A corporate scandal would kill a company’s
business activities such as marketing campaigns — even
stock price, kill it with its customers, and often cost the
when sharing a common language as in England or
chief executive his or her job. Today, it’s not clear that
Australia. “Those issues are important in how you run
happens. Where you used to have a senior person at
the business,” says Powers, “but also very important in
the firm or business as the guardian of ethics, today it
evaluating management cross-culturally. That’s one of
might be your boss who is pushing to make his budget
the hardest things to do. There’s a great tendency to
or bonus. That is very hard for someone fresh out of law
overvalue a manager in a non-English speaking country
school to contend with. So it’s important to teach that
who can ease the communication problem because they
while business success is great, you must always be aware
have been trained in America and speak your language.
of what’s going on. Most people who end up crossing
I’ve evaluated talent for many years, and I still find it
the line don’t do it consciously, so if a colleague says,
much harder to evaluate a manager from a different
wait a minute, this is a problem, it may help that person
culture than one from America.”
avoid making a terrible mistake and re-focus on doing
business the right way.”
Ethics and Teamwork
Powers would agree with Webster’s definition of
The “right way” has served Powers well. It’s perhaps
why he feels so strongly that it’s also the best way. His
teamwork as “work done by several associates with each
advice to young people starting out on a career path is to
doing a part but all subordinating personal prominence
“look at jobs in a shorter time horizon, like five years, and
to the efficiency of the whole.” Since an ethical lapse
ask which one will be the most fun, the most exciting,
within that structure could well destroy it, one can
the most expanding. The economics are very much
see why Powers values integrity so highly. It’s not only
secondary to that. Don’t plan your career too much, or
morally right, but fundamentally important to the success
over-analyze it. Concentrate more on the opportunities
of his management style. He’s not so sure others agree.
that will excite you day-to-day rather than ones that
“You would like to think ethics is a smart way to do
might pay you more or be perceived as more prestigious.
business and I did think that was clearly the case some
And above all, keep your bearings. When all is said and
years ago,” he says. “In the world we’re now living in
done, there is a real premium on being able to look at
— and this is a fairly depressing observation — it’s not
yourself in the mirror and saying, ‘I’m proud to work at
clear now that ethics is also good business. In theory,
this organization.’” ethics should also be good business. In the long run I’m
still sure that it is. Reputation always serves you well in
tough times. But I’m a little cynical now that no one
is holding people to a high standard. People are less
demanding of an impeccable reputation as a prerequisite
to doing business with someone.”
The Sarbanes-Oxley Act is a step in the right direction
that has made directors more aware of their duties, but
UVA Lawyer • Spring • 2005
[31]
THE PANEL:
Rosa Ehrenreich Brooks
Associate Professor of Law
David A. Martin
Warner-Booker Distinguished Professor of International Law
Class of 1963 Research Professor
John Norton Moore
Walter L. Brown Professor of Law
Director, Center for National Security Law
Director, Center for Oceans Law and Policy
Paul B. Stephan ’ 77
Lewis F. Powell, Jr., Professor of Law
Hunton & Williams Research Professor
[32]
UVA Lawyer • Spring • 2005
The Role of International Law
in the
Global War
on Terror
UVA Lawyer asked four Law School professors who represent the expertise of the larger
international law faculty, Rosa Brooks, David Martin, John Norton Moore, and Paul
Stephan ’77, to share their perspectives in a panel discussion about the role of international
law in the global war on terror.
The panel met on January 4. An abridged transcript follows.
Is the United States really the sole actor in the war on terror, and is the
administration creating new precedents to support that role?
David Martin: First of all, I think Prime Minister Blair would be startled to hear the
United States characterized as being the sole actor in the war on terror. We have tried to
bring in other states. The administration often emphasizes that a coalition is involved in
Afghanistan and Iraq.
The point is a broader one. There are very contradictory themes in the United
States response to September 11th and then beyond in the conflict in Iraq. A number of
high-level officials came to the administration quite skeptical of international law and
international institutions. That attitude comes through in some of their actions, and it
has cost the United States. International law plays an important role and continues to
do so, but that fact has been insufficiently appreciated by some of the key actors in the
administration. The image certainly has been accepted in many parts of the world that
the United States is not interested in international law and in international cooperation.
Set against that, though, are certain U.S. efforts from the very beginning to try to get
international players involved. We went to the Security Council, and it adopted a number
of significant resolutions immediately after the September 11th attacks. Those have been
important in setting the overall framework for the world’s response to terrorism. We
did the same thing with other international institutions such as NATO. The other part
of the picture is that where the administration has strayed from consulting traditional
UVA Lawyer • Spring • 2005
[33]
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
international law sources, such as the Geneva Convention,
fairly clear congressional support. Beyond that, Congress
it received significant pushback from some unexpected
has been more ambiguous. I think it’s a bracing and
quarters, both internationally and within the U.S.
helpful discipline, and also insurance against some of the
government, particularly the military. Military lawyers
mistakes that perhaps have been made, to bring Congress
have taken a major role in insisting that we not get too far
on board in these projects.
away from the traditional understanding of international
rules governing conflicts as we deal with what is admittedly
Rosa Brooks: I’ll take the “bad news” perspective. You
a different sort of conflict.
asked originally about the rule of law, and obviously that
So we have those contradictory strands, but I think
has a lot of different dimensions. My colleagues have
in the end we will come to realize more and more the
already talked about some of them. I’ll focus on the impact
importance of international cooperation within a
of the war on terror on the rule of law domestically, and in
framework of the existing international rules as part of
turn the effect that has had on the rest of the world.
this effort against terrorism.
It seems to me that one of the biggest casualties of the
… IN THE END WE WILL COME TO REALIZE more and more
the importance of international cooperation within a framework of the
existing international rules as part of this effort against terrorism.
—David Martin
[34]
Paul Stephan: If I could just add to what Dave said, while
war on terror within the United States has been the rule
expressing complete agreement with him, I think you
of law, although we’re seeing, as Dave suggested, some
have to distinguish international cooperation in general
real pushback on these issues, including from within the
from international cooperation organized by the UN. I
government itself. Here I would cite the initial claims
think we are seeing a very serious debate, the outcome of
made by the U.S. government about Guantanamo: the
which I cannot predict, over the future role of the UN.
claim that you can hold people as unlawful combatants
There are views in Europe that see the UN as a European-
indefinitely, not subject to the jurisdiction of any U.S.
based organization largely antagonistic to the United
court, and certainly not subject to the jurisdiction of
States. I still think there is a view in the United States
any non-U.S. court. Note that this is a separate question
— although it is not the only one in the administration
from whether these people are unlawful combatants or
— that sees the UN or something like it as essential for
POWs. Whatever their technical status is, the claim that
U.S. interests in international cooperation, but that is a
you can keep them incommunicado, essentially forever
debate we’re going to see.
— with no form of review by any external judicial body
I would like to add one other point. When we talk
— is a pretty frightening claim. Likewise, if you look at
about the development of rules and standards for the
Hamdi and other cases involving American citizens, the
prosecution of the war against terror, we have to talk both
administration’s claim strikes even closer to home, and
about cooperation with other countries and cooperation
is even more chilling. There again, the claim was that the
within our own government. Dave alluded to this. I
executive branch could — by fiat — say that “you, you,
think one of the problems the administration has had
and you are suspected terrorists,” and therefore it can
is an unwillingness to ask Congress to commit to some
pluck people it designates as enemy combatants out of
of its objectives and goals, even in areas where they
the civilian court system, take away their constitutional
could probably get congressional support. For example,
rights, and put them in military detention, potentially
in authorization for the war in Afghanistan, there was
forever, without access to a lawyer and without charges.
UVA Lawyer • Spring • 2005
David A. Martin
Warner-Booker Distinguished Professor of International Law
Class of 1963 Research Professor
J.D., Yale Law School, 1975
B.A., DePauw University, 1970
David Martin joined the law faculty in 1980, after serving two
years as special assistant to the assistant secretary for human
rights and humanitarian affairs at the Department of State. In
1995 he took leave from the Law School, serving as General
Counsel of the Immigration and Naturalization Service until
1998. He has taught citizenship, constitutional law, immigration,
international law, international human rights, presidential
powers, refugee law, and property.
While a student at Yale Law School, Martin served as
editor-in-chief of the Yale Law Journal. After receiving his law
degree, he clerked for Judge J. Skelly Wright of the U.S. Court
of Appeals for the DC Circuit and then for U.S. Supreme Court
Justice Lewis F. Powell, Jr. He later practiced with Rogovin Stern &
Huge in Washington, DC, before accepting the post at the State
Department.
As a German Marshall Fund research fellow in Geneva
in 1984–1985, Martin examined Western Europe’s response
to rising numbers of asylum seekers. In 1988 he chaired the
Immigration Section of the Association of American Law
Schools, and in 2003 was elected Vice President of the American
Society of International Law.
He has twice served as a consultant to the Administrative
Conference of the United States, preparing studies and
recommendations on federal migrant worker assistance
programs and on reforms to political asylum adjudication
procedures. In 1993 he undertook a consultancy for the
Department of Justice that led to major reforms of the U.S.
political asylum adjudication system. In 2003–2004 he was asked
by the Department of State to provide a comprehensive study
of the U.S. overseas refugee admissions program, leading to
recommendations for reform of that system.
UVA Lawyer • Spring • 2005
[35]
Paul B. Stephan
Lewis F. Powell, Jr., Professor of Law
Hunton & Williams Research Professor
J.D., University of Virginia School of Law, 1977
M.A., Yale University, 1974
B.A., Yale University, 1973
An expert on international business and Soviet and post-Soviet
legal systems, Paul Stephan has advised governments and
international organizations, organized conferences, edited
books, and lectured to professionals, university groups, and
high school students on a variety of issues raised by the
globalization of the world economy and the transition away
from Soviet-style socialism. Other interests for Stephan, who
joined the Law School faculty in 1979, include international
law, taxation, and constitutional law.
In Law School, Stephan was executive editor of the Virginia
Law Review and a member of the Order of the Coif. During
the two-year period between his graduation and return as
a professor, he clerked for Judge Levin Campbell of the U.S.
Court of Appeals for the First Circuit and for U.S. Supreme Court
Justice Lewis F. Powell, Jr. He spent the winter and spring of
1998 as a guest professor at the University of Vienna, the fall of
2001 as a guest professor at Lausanne University, the summers
of 2002 and 2004 as a visiting lecturer at Melbourne University,
and the fall of 2004 as a guest professor on the law faculty of
University of Pantheon-Assas, Paris.
Since the collapse of the Soviet Union, Stephan has worked
on a variety of projects involving law reform in former socialist
states. He has worked in Russia, Georgia, Ukraine, Albania, and
Slovakia on behalf of the U.S. Treasury and in Kazakhstan and
Azerbaijan on behalf of the International Monetary Fund. He
also has organized training programs for tax administrators and
judges from all of the formerly socialist countries under the
auspices of the Organization for Economic Cooperation and
Development. His casebook on international business is used
at law schools both in the United States and abroad. He has
written extensively on international law, corruption, and the
history of the Cold War. His current research interests include
books on the political economy of international lawmaking
and on the collapse of communism.
[36]
UVA Lawyer • Spring • 2005
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
On all of these issues, in part because of the Supreme
to clamp down on internal dissent of all sorts, not just
Court’s recent decisions, the government has had to
terrorism. Sometimes, with what clearly were a wink and
take a big step back from their initial positions. But the
a nod, they deliberately echoed U.S. government rhetoric.
damaging impact of those initial U.S. government claims
In Liberia, for example, the government of former
is still reverberating, not only throughout the U.S., but
president Charles Taylor detained several journalists
throughout the world. To me, the essence of the rule of
who had criticized him. When this was criticized by
law — what it has meant as it has evolved historically
the international community, his response was that the
— is that executive power has to have some check on
journalists were “enemy combatants” and that he was
it. When the government of the world’s most powerful
only doing what President Bush was doing. So you can
nation — and most powerful democracy — essentially
see how U.S. actions are interpreted as giving the green
claims that the executive branch can detain people
light for abuse. In the name of the war on terrorism, our
… ONE OF THE PROBLEMS perhaps we have to a greater extent
in international law than in other legal fields
is the confusion between policy debates and legal debates.
—Paul Stephan
indefinitely with no oversight whatsoever, we’re taking a
own actions have essentially given all sorts of really nasty
pretty big step back in human history. Such claims run
people permission to do some really nasty things. And
directly counter to the whole idea of the rule of law.
this is dangerous, because we know that when repressive
What has been the effect of this? Domestically, in some
ways it may not be a bad thing, because it has sparked
governments do repressive things, in the long run this is
not good for eliminating terrorism.
a real debate about why it is important to have checks
and balances. I think the amount of criticism that the
John Norton Moore: Let’s look at a few additional
administration faced for some of those extreme positions
specifics in which poorly thought out actions have
has forced a really healthy debate about the challenges
produced substantial costs to U.S. foreign policy and in
terrorism presents. We know terrorism is different from
the war on terror.
ordinary crime. But jettisoning our whole concept of due
The first of these is the unilateral statement by the
process and the rule of law can’t be the right way to handle
administration that we were going to follow a new doctrine
this. I think Paul is right. This is an area where ultimately
of preemption. We were presumably no longer going to
Congress is going to have something to say.
follow the United Nations charter treaty obligations of the
Internationally, this has been very bad from a
United States in relation to when you could use force. This
human rights perspective. The U.S. is the world’s sole
“preemption doctrine” produced a substantial backlash
superpower, and other countries, whether they like us
around the world against the United States. It began to
or hate us, watch what we do. They imitate what we do.
split the coalition that had been remarkably coherent after
They take advantage of what we do. They’re influenced
9/11 in the war on terror. For example, the Europeans
by what we do. Very quickly after the Patriot Act and
invoked Article 5 of the NATO Treaty on their own to assist
the detention of unlawful combatants by the U.S., we
the United States following the 9/11 attack. But once we
saw copycat actions from repressive regimes around the
began to depart from what was viewed as a general treaty
world. Repressive governments from Liberia, to many
obligation and a core principle of international law we
of the former Soviet republics, to Pakistan were all very
began to split the coalition.
quickly using U.S. anti-terrorism rhetoric as an excuse
The preemption concept was really a terrible mistake.
UVA Lawyer • Spring • 2005
[37]
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
In the first place, we didn’t really need it. There is a rule
to deal with terrorists, to seek to reinvent the whole
of anticipatory defense that the United States at least has
system generated an unnecessary lack of confidence in
recognized for many years that certainly permitted us to
what the U.S. was doing. The administration is still trying
respond in Afghanistan and to deal with the issues of the
to dig out from under that mistake.
specific al Qaeda terrorists, so you simply didn’t need it.
I believe the top international lawyers in the State
This was a clumsy effort at trying to add deterrence. In
Department were largely ignored. Further, the top
fact, I would argue that from a deterrence standpoint, it
international lawyers in the Judge Advocate General
probably is counterproductive because now instead of
Corps of the various military services were largely
TO ME, THE ESSENCE OF THE RULE OF LAW —
what it has meant as it has evolved historically —
is that executive power has to have some check on it.
—Rosa Brooks
saying you’re going to deter people, you frighten them into
ignored and, as has been indicated, this is the group that
believing you might actually be planning a preemptive
is pushing back. The State Department professionals were
strike on them. If you believe that, your incentives to
right and our military attorneys were right. It is a pity
develop nuclear weapons, for example, go up, not down.
that they were initially ignored.
The second example is something my colleagues
have already talked about and that is the series of
Is the administration retreating from its initial view
mistakes in permitting torture and getting well over the
regarding the treatment of captured insurgents and
line in relation to treatment of protected individuals,
foreign fighters?
either POWs or civilians protected under the Geneva
Convention’s core principles. The Geneva Conventions
JNM: You’ll find the administration beginning to retreat
are among the most widely followed conventions in
from all of these mistakes because the real world I think,
the world. Once again, this failure was in complete
as my colleagues have indicated, has pushed back. And
contradiction not only to international law but to
those within the U.S. government who understand our
everything those of us who’ve been teaching national
real national interest in these issues have pushed back.
security law have been emphasizing for 20 years. When
For example, the administration is defining preemption
democracies engage in war fighting, it is essential for the
now as simply anticipatory defense. Never mind that it
success of that effort that they comply scrupulously with
didn’t really fit in Iraq, but they are saying basically what
fundamental human rights norms. In failing to do that
we really meant was anticipatory defense. We’ve seen a
here, we generated incalculable costs for the United States.
Justice Department re-do of the torture memo within the
I think a third example of very poor thinking about
last several weeks and I think while we’re still a little more
these issues was the failure to adopt for Guantanamo
uncertain about the procedures to be used in the trials at
detainees the standard procedures that we use for trying
Guantanamo, I think you see a process there of beginning
American armed forces under the system of Uniform
to pull back as well.
Code of Military Justice. International law largely says the
[38]
way to hold those trials is to use the same procedure that
DM: I think that’s the key point. The story about the rule
you have for your own military justice system. We have a
of law in this setting is not concluded. I would agree with
superb military justice system and while we would have
Rosa that there were enormous setbacks early on and
to make a few changes that everybody knows are special
some of the U.S. actions were fairly startling. It should
UVA Lawyer • Spring • 2005
Rosa Ehrenreich Brooks
Associate Professor of Law
J.D., Yale Law School, 1996
M.St., Oxford University, 1993
A.B., Harvard University, 1991
Rosa Ehrenreich Brooks joined the Law School in 2001 after a
fellowship year at the Carr Center for Human Rights Policy at
Harvard’s Kennedy School of Government. From 2000–2001 she
also served as a consultant to the Open Society Institute and to
Human Rights Watch.
Until August 1999, Brooks worked at the U.S. Department of
State, where she was Senior Advisor to the Assistant Secretary
of State for Democracy, Human Rights and Labor. At the State
Department, she participated in the U.S. negotiating team for
the International Criminal Court and worked extensively in
trouble spots such as Kosovo and Sierra Leone.
Before joining the State Department, Brooks taught at Yale
Law School as a Lecturer in Law, and also served as Acting
Director of Yale’s Orville H. Schell Jr. Center for International
Human Rights Law and faculty supervisor of the Allard K.
Lowenstein International Human Rights Law Clinic. Since
coming to the Law School she has continued her active
involvement with various human rights organizations and
foundations. Brooks served on the Board of Directors of Amnesty
International USA in 2002–2003, and she also serves on the
Advisory Committee of the Human Rights Watch Children’s
Rights Division. She is a term member of the Council on
Foreign Relations and a member of the Executive Council of the
American Society of International Law.
While she has published in the past on issues ranging from
tort and employment discrimination to privacy rights, her
current scholarly research focuses on human rights, post-conflict
rule of law issues, and the law of armed conflict. Her articles and
op-eds have appeared in publications including The Washington
Post and The Los Angeles Times.
UVA Lawyer • Spring • 2005
[39]
John Norton Moore
Walter L. Brown Professor of Law
Director, Center for National Security Law
Director, Center for Oceans Law and Policy
LL.M., University of Illinois College of Law, 1965
LL.B., Duke University School of Law, 1962
A.B., Drew University, 1959
John Norton Moore, who joined the faculty in 1966, is an
authority in the fields of international law, national security
law, and the law of the sea. He also teaches advanced topics in
national security law and contemporary legal thought. Moore
taught the first course in the country on national security law
and conceived and co-authored the first casebook on the
subject. From 1991–1993, during the Gulf War and its aftermath,
Moore was the principal legal adviser to the Ambassador of
Kuwait to the United States and to the Kuwait delegation to the
United Nations Iraq-Kuwait Boundary Demarcation Commission.
From 1985 to 1991, he was chair of the board of directors of
the U.S. Institute of Peace, one of six presidential appointments
he has held. From 1973 to 1976, he was chair of the National
Security Council Interagency Task Force on the Law of the
Sea and ambassador and deputy special representative of the
president to the Law of the Sea conference. Previously he served
as the counselor on international law to the Department of
State. With the deputy attorney general of the United States, he
was co-chair in March 1990 of the United States-USSR talks in
Moscow and Leningrad on the Rule of Law. As a consultant to
the Arms Control and Disarmament Agency, he was honored
by the director for his work on the ABM Treaty Interpretation
Project. He has been a frequent witness before congressional
committees on maritime policy, legal aspects of foreign policy,
national security, war and treaty powers, and democracy and
human rights. He has been a fellow of the Woodrow Wilson
International Center for Scholars at the Smithsonian Institution.
Moore is a member of advisory and editorial boards for nine
journals and numerous professional organizations, and he has
published many articles on oceans policy, national security, and
international law.
[40]
UVA Lawyer • Spring • 2005
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
be noted that for an administration that billed itself as
hold forever without the safeguards implicit in the
compassionate conservatives, their initial reactions to
Geneva Conventions. The administration’s position also
the terrorist challenge were neither compassionate nor
precluded effective review by domestic courts. Combined
conservative. The best understanding of the evolution
with the stance taken in the torture memo, the position
of international law is conservative and incremental. It
was so extreme that many other institutions have reacted,
builds on practice. If there’s a new development that’s not
and the administration is scrambling back.
precisely covered by earlier doctrine, the usual approach
It’s most unfortunate because we didn’t have to go
is to take as much of earlier doctrine as possible and
that way. The general framework of the Uniform Code of
apply it by analogy.
Military Justice provided ample opportunities for putting
For example, where you have enemy combatants in
on trial those who had committed actionable crimes
a different kind of conflict not involving state actors,
among those we’ve captured in Guantanamo. We didn’t
the administration could have taken an approach that
have to start from scratch. The initial announcement
would have used as much of the Geneva Convention
made it seem like we would be developing a whole new set
applicable in traditional law of war as possible, modifying
of procedures; that we’d go back to 1942 and the precedent
it only when we absolutely have to because of the very
involving Nazi saboteurs and go from there, as though
WHEN DEMOCRACIES ENGAGE in war fighting, it is essential
for the success of that effort that they comply scrupulously
with fundamental human rights norms.
—John Norton Moore
different nature of this conflict. Instead, there was a
nothing had happened in the intervening 60 years. That’s
group of fairly radical thinkers who initially seemed to
fully a quarter of our life as a nation — a period that
have control of some of the administration’s approaches
has brought us lots of developments in military justice,
to this, and essentially said we’re going to pronounce
in international treaty law governing the law of war, in
new doctrine and we’re going to develop it from scratch.
domestic understandings about the rights of individuals
I think that’s part of what John was saying: they didn’t
who are detained, in international understandings of
need to do it. That’s the irony of it, the tragedy of it.
human rights. Those are really significant changes, and to
Existing doctrine could have allowed, maybe with some
think that we would ignore those and go back to 1942 and
slight modifications, for achieving the same ends. Taking
start over is really fairly striking.
that approach would have brought so much more of the
But the extreme positions taken did cause a pushback.
world’s community along with us from the beginning. I
We will see it primarily from the courts, perhaps from
really think that was quite possible.
Congress — although Congress’s relative silence on these
Use prisoner of war doctrine for example. That’s
issues is pretty striking — certainly from international
a regime of preventive detention. We could have said
bodies, our allies in the war effort, some international
we’re applying the Geneva Conventions to terrorists
institutions, pushing things back in the direction that we
whom we capture who committed what we could
could easily have taken from the beginning.
characterize as acts of war on September 11th, and we’re
going to detain them for the balance of the hostilities.
PS: I just wanted to maybe raise a slight dissent here. I
To put detention in that framework would have been
don’t exempt from criticism some of the final decisions
much more acceptable than simply to invent a whole
made and implemented, but, on the one hand, I want to
new doctrine of “enemy combatants” whom we would
distinguish those from internal debates like the so-called
UVA Lawyer • Spring • 2005
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THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
torture memo that was part of the internal policy process.
The advice the President received was different from
the position the President ultimately took in some of
his directives. I also think there’s something worthwhile
about bringing in outsiders who are willing to discuss new
concepts and try to shake things up a bit. I’m not going to
take an unreconstructed conservative view here. I think
the events after 9/11 invited some rethinking of the norms
and rules, although the rethinking could have proceeded
in a more deliberate and thoughtful manner perhaps.
The other point I want to make, going back to the
point about preemptive defense, is that I think a fair
case can be made that the United Nations structure has
very serious shortcomings. The United States may not
have taken the best possible approach to get around
by Nazi Germany. It doesn’t mean we don’t take terrorists
those shortcomings, but I don’t think the French and
seriously, of course. Even one death caused by terrorist
Germans have entirely clean hands in this process, either.
groups like al Qaeda is one too many. But at the same time,
I think the process does require some sort of responsible
a lot of the public support that was generated for extremist
cooperation that was lacking on both sides. The failures
and unnecessary tactics — like interrogation techniques
of the French and Germans do not excuse everything
that either border on or cross the line into torture, or
that the U.S. ultimately did, but I want to distinguish that
indefinite detentions without review — get justified by
from some of the administration’s other shortcomings
lumping together the claim that terrorism is different
that I think can clearly be criticized.
from other threats with the claim that it is somehow
worse, more evil, and more dangerous to the United
RB: Can I just jump in, and say that we need to draw
a distinction between two concepts that have been
If you separate those two issues out again, it helps
muddled both in the public discourse and the government
you see more clearly why there is a big difference
rhetoric? One concept relates to the claim that terrorism is
between saying that we have to adapt some of our
“different” from other kinds of threats, and that combating
tactics and legal rules to the rise of non-state actors,
it therefore requires new and different approaches.
and particularly terrorists, versus saying that extreme
This claim is pretty uncontroversial. We all accept that
methods that we would previously have dismissed as
responding effectively to a threat from globalized terrorist
inhumane, immoral, and indeed evil, are somehow
networks is very different from responding effectively to a
justified now because this al Qaeda is “so evil” that
military threat from a traditional state. So, yes, terrorism is
anything goes. When we fought the Second World War,
clearly “different” in this sense.
we didn’t claim then that we could torture German
But the valid claim that terrorism is “different” often
detainees. One could have made the same claim that
morphs into a separate claim, which I think is empirically
the Nazis are just so bad, so evil, that torture is clearly
false: that terrorism is not only different from traditional
justified to help learn Nazi war plans. It didn’t occur to
threats, but much worse, somehow more evil and more
us to make that claim then.
dangerous than any other threat we’ve ever been faced
[42]
States and to the world than any threat has ever been.
My argument here is not that individual Americans
with before. My apologies to John who has made this point
didn’t mistreat individual German prisoners in World
himself in other settings, but this is just silly. Is al Qaeda
War II. Of course, some did. That happens in war. But
more evil or more dangerous to the U.S. or humanity
as a matter of top level policy, we didn’t give the green
than Nazi Germany? Sure, terrorists are very bad guys.
light for that. We didn’t think it was necessary. If it wasn’t
They killed 3,000 people on 9/11, but the damage they have
necessary then, it’s really impossible to see why that
done so far is just miniscule compared to the damage done
would be necessary now.
UVA Lawyer • Spring • 2005
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
JNM: Rosa is making a very important point generally
homeland. We are a place of refuge for others and losing
about the war on terror. There’s no doubt that terrorists
sight of that I think is very dangerous. To make this point
who have access to weapons of mass destruction can do
a little bit more serious, although this is an area Dave
a great deal of damage. These are, as she has indicated,
knows a lot more about than I do, it seems to me that our
very evil people, but the bottom line is that for the most
toughening up of visa restrictions and otherwise erecting
part the way terrorists try to hurt you in a macro sense
impediments to short-term visits and immigration have
is through fear, is through having you change your
been very counterproductive. We see this particularly in
lifestyle, to have you change your economy, to harm your
the academic community, where it’s harder for foreign
economy through activities that are shifted in terms of
students and scholars to come here than it was. That can
people flying on aircraft, for example, so that trillions
only antagonize people and divide the U.S. from those
of dollars of damage are done to us and to the global
who have every interest to wish us well.
economy. In many respects, I think the bottom line in
thinking about the war on terror is that we are not talking
Do you think separating or creating a distinction
about an invasion of the United States of America. As
about terror being this uniquely evil thing was a
bad as 9/11 was in terms of the number of people killed,
political imperative or was it a strategic decision?
World War I is the equivalent of two 9/11 events every
single day for 2¼-years. We’re talking about something
PS: There were facts on the ground. I mean, I think it was
that is a very different level of threat.
shortsighted, but politicians by their nature have to be
Yes, this is a threat that has to be taken very seriously,
shortsighted. There was an attack and there were threats
but over-reaction and seeking to change the rules in
of even greater attacks on the country. John is absolutely
ways that have long-term harmful effects on the U.S. that
right, that the indirect costs of our responses are probably
shoot yourself in the foot are one of the costs that we
far greater.…
want to avoid in a sophisticated battle against the war on
terror, both in domestic law and in our compliance with
Did the administration adequately consider past
international law.…
foreign interventions and contrary viewpoints?
Following the 9/11 attack I believe we should have
been more active in overcoming the economic drag of
JNM: These are good people trying to deal with serious
the attack, for example, by more actively working to
problems. I think part of the difficulty is that we did not
remove tariff barriers and to get the price of oil down.
get our top national security lawyers involved in this and
The administration has led to some extent through
those who were involved frequently said, no, this is the
bilateral trade agreements and to some extent is now
wrong way to go, and they were ignored. In fact, one of
beginning to move toward the next round in the GATT
the paradoxes here is that since Vietnam where we had a
negotiations. But I think there are a number of things
variety of human rights problems — My Lai for example
we could have done more effectively in understanding
which hurt us very seriously — the United States military
that terrorism by itself is not going to destroy the United
has led the world in developing very sophisticated laws
States of America or our freedoms, but that economic
of war and understanding how you make your case in
damage is a key terrorist target. This is something we
what you do to fight war effectively. The bottom line is
need to fight in a sophisticated way, but in a way that
we want to win the war against terror. It’s a matter of how
does not harm our own freedom and that tries to offset
effectively you do it and so, sadly, not to listen to those
the drag on global economies that is a very serious part
who really have the kind of background to know some of
of waging this war.
the right answers in this was a mistake.…
PS: If I can add just a couple of my pet peeves to this list
DM: Unfortunately, we do have a kind of structural bias
that John provided. First, at a somewhat unserious level,
toward overreacting to terrorism, over-protecting, and
I deplore the term “homeland” as in homeland security.
thereby incurring the cost that John was talking about.…
The whole notion of America is that we don’t have a
The only way to avoid overdoing it and incurring
UVA Lawyer • Spring • 2005
[43]
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
the enormous but quieter kinds of costs in the process is
politically feasible thereafter. That’s not to say that anyone
for political leadership to say, okay, we’re going to incur
was happy about 9/11, or that they didn’t have all sorts
a certain level of risk and we will defend those people
of laudable goals, but I think that on the part of many
who decided to stop short of the maximum possible
hard line neo-conservatives in the administration, there
conceivable levels of security.…
was an awareness that after 9/11 they could push through
We’re incurring long-term costs such as deterring an
awful lot of people who would otherwise come here to
various policies that they wouldn’t have been able to win
with before.…
study and develop a better sense of what the U.S. is about,
in a long-term, friendly atmosphere. We will pay, I fear,
Everyone seems to agree that international law
an enormous cost.
standards were violated in some degree or another
during the early response of the administration.
RB: Look at the mutual pillorying of George W. Bush and
How long will our missteps remain an issue for the
John Kerry during the campaign. At one point or another,
United States in the war on terror, and now that
each slipped and dropped away from the public line that
we’re apparently returning to more international law
the U.S. is going to completely eliminate the terrorist
norms, how soon until we repair any damage to our
threat. Kerry said something along the lines of “we’re
standing?
never going to completely eliminate terrorism, of course,
but the goal would be to reduce it to a nuisance like
RB: All we can do is try. It is going to take a long time to
prostitution or crime,” and the Bush campaign jumped
undo the damage. This is a little bit of a cliché already, but
all over him. Then Bush, in an off-script moment, made
in some ways the tsunami offered an opportunity to show
a similar remark, to the effect that we can probably never
a different face of U.S. power, a face that is collaborative,
completely win the war on terrorism, and the Kerry
a face that is humanitarian. I think that we have to
campaign jumped all over him. The problem is that
overcome the one image of the U.S. that dominates in the
there’s a tremendous public resistance to accepting the
minds of many foreigners: the images from Abu Ghraib.
cold, hard reality, which is that we’re not going to get rid
There’s nothing wrong with having one of the images
of terrorism. Remember, “terrorism” is not an ideology;
of the U.S. overseas be the face of the American military
it’s a method, a technique of choice of non-state actors
power, but it certainly shouldn’t be images of American
who don’t have big armies. It’s crazy to say we’re going to
abusiveness.… It’s also important to remember that the
completely eradicate threats from people who are willing
Middle East has not cornered the market on extremist
to attack civilians, whether through biological warfare
religious and political ideologies. We’ve got plenty of
or suicide bombs or hijacked airplanes. It’s as utopian
to speak of eradicating terrorism as to speak of a world
in which we have permanently eradicated all crime, or
permanently eradicated all illegal drug use. Clearly the
best we can hope to do is figure out what level of risk that
we can tolerate as a society, and do a sort of unpleasant
utilitarian balancing of cost and benefits. How much
can we reduce the threat of terrorism without having the
marginal costs of reducing terrorism further exceed the
marginal benefits?
I am a little bit more cynical than John and Paul,
though, about whether the rhetoric of terrorism as the
“great evil” of human history was politically motivated.
I think there was an opportunistic element for some in
the U.S. administration, who had an agenda that was
probably not politically feasible before 9/11, but became
[44]
UVA Lawyer • Spring • 2005
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
JNM: Let me, if I might also, raise the level of
generalization here for a moment and just ask the
question. In U.S. foreign policy generally, what is an
appropriate strategy for the United States? What are we
trying to do? Let me suggest here that our generation
is really blessed for a very important reason. We know,
as earlier generations assumed but did not have the
empirical data, that democracy and the rule of law is really
a core element in seeking to achieve all of the common
goals of mankind: avoiding war and famine and massive
human rights abuses, achieving economic development,
protecting the environment and human health; all of
these things we know now that democracy and the rule of
law correlate with very powerfully. So we certainly have a
long-run interest, a milieu interest as some international
lawyers and international relations theorists have called it,
them right here at home. Indeed, if you were to poll
people on the street in the Middle East, a lot of them
in working toward democracy and the rule of law.
I do not believe however that we want to engage in
would probably say that the biggest danger to world
that through the use of force. That would be the wrong
peace is the extremist ideology of many in the U.S. I think
way to go in seeking to enhance democracy and the rule
that we have to combat the widespread belief that that the
of law. We want to engage in every other way but not
U.S. itself is an increasingly extremist “hyperpower.” That
simply try to achieve that goal through the use of force.…
doesn’t mean we should ignore our national interests.
The United States is the most important player
That doesn’t mean we shouldn’t stand firm, but I think it
internationally. No one is even close militarily. We
clearly does mean having a little bit more decent respect
should be the nation that has the greatest ability to
for the opinions of people in the rest of the world, and
lead among the democratic nations of the world and
showing ourselves in a helping role, rather than just in a
that means we have to engage. We can have problems
saber-rattling role. That’s smart power.
with the United Nations. We should understand that
there are shortcomings. But we don’t solve those by
PS: I would just add one thing specifically about
pulling back and failing to engage. We have to engage.
international law. I think one of the problems perhaps we
In my experience, when the United States of America
have to a greater extent in international law than in other
engages in the United Nations and elsewhere, we have an
legal fields is the confusion between policy debates and
extraordinary ability on most issues to influence. I think
legal debates. One of my goals is to see in what ways we can
there is out there, not in the administration particularly
make international law more of a technical subject, even if
on this, but out in the country, a little bit of an isolationist
that means draining some of the political excitement away
movement today. I think that is very harmful at a time
from it and see what as technical experts we can bring to
when we need to be engaging and providing greater
the debate that’s distinctive from our policy preferences,
American leadership. Some of this takes place under a
however valuable our preferences might be.
movement fearing that we are in danger of losing our
We have to think seriously about what it is that
sovereignty. All of us would agree that we should maintain
law as law does, to what extent international law is like
the democratic freedoms that we have in America and
other kinds of law, and what other kinds of law do
maintain our sovereignty in every way possible.
to affect human behavior including the behavior of
If, however, we are talking about it simply being
complex organizations, and what as lawyers we bring
inappropriate to engage in international agreements
to international law that’s distinguished from our
that serve the national security interests of the United
background in particular policy fields.
States, that’s just fundamentally wrong. For example,
UVA Lawyer • Spring • 2005
[45]
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
the Law of the Sea Treaty was attacked by certain groups
as interfering with U.S. sovereign rights. This approach
treats the U.S. as though we were incompetent, that
we have no ability to enter into an agreement. That is
profoundly mistaken, but there was enough political
power to actually prevent a vote on the Law of the Sea
Treaty before the U.S. Senate in the last few months
before the election. This was an extraordinary setting in
which virtually every American group, all of industry, all
environmental groups, the U.S. military, the Joint Chiefs,
had been pushing for this for years. No real downside
was present on almost any interest in the country that I
can find and yet a small group argued that somehow this
treaty undercut U.S. sovereignty and they actually had
enough political power to stop it from going to a vote.
argument. Just the atmospherics of that announcement
This contemporary isolationism movement just seems
would be very important, and the actual results wouldn’t be
not to be interested in whether it’s a good agreement or a
that different from what we’ve in fact been doing.
bad agreement.
And finally, with regard to Abu Ghraib and similar
revelations of abusive interrogation tactics, we could
DM: I would follow up on that and come back to your
adopt a whole new code of conduct for interrogations,
earlier question about what can be done to restore some
one that visibly starts from Geneva Convention standards
of the needed strength of international law in the realms
for human rights. Again, we could perhaps argue for a few
in which it can really work. One might be an initiative
necessary deviations, but within the context of general
like the Law of the Sea Treaty where the administration
compliance. It would gain us a lot in the international
would spend a lot of political capital to show the world
community as a policy matter and also it would
community that we will stare down the isolationists and
really help spur the development of a sound body of
join in treaty regimes. We can be selective about it, but
international legal doctrine for this new kind of struggle.
we should not be opposed to treaty relations. In the war
on terror, there are some specific steps that we could take
RB: Let me make a point that’s not strictly legal but more
that would symbolize a stronger move in that direction.
a moral point. I think that what we have all been saying is
I don’t really predict that we’re going to do these things,
that one of the biggest dangers in the world is, and always
but we could.
has been, absolutist thinking of various kinds. Whether
One step would be to change the so-called practice
[46]
it is radical Islamic extremism leading to terrorism, or
of ghost detainees, those people detained by our military
whether it is simply lumping together into one giant
but who are not recorded in the normal way and don’t
simplistic category of “evil” a lot of different actors with a
come under the normal review of the International
lot of different sets of motivations and tactics, we need to
Committee of the Red Cross. We could issue a clear
resist the tendency to think in absolutes.
directive forbidding this practice, expressly requiring
I come to this set of issues from a background in
that all prisoners be available for the normal kinds of
human rights, and have spent a lot of time studying the
protective actions — and they’re fairly modest — that
question of how it is that really bad things happen, and
the International Committee of the Red Cross takes. The
how you square two facts that seem to me both self-
executive branch could say in response to some of the recent
evident: one is that most people in the world are pretty
setbacks they’ve had in litigation having to do with military
nice, and just want to have enough to eat, get their kids
tribunals, that we’ve reassessed our tribunal policy. We
an education, stay alive, be healthy, be happy. That’s one
will go forward using Geneva Convention standards, with
fact. And I think it’s important not to forget this. Arabs,
perhaps one or two deviations for which there’s very good
Americans, it doesn’t matter; most humans want the
UVA Lawyer • Spring • 2005
THE ROLE OF INTERNATIONAL LAW IN THE GLOBAL WAR ON TERROR
same things and have no desire to be cruel to others.
the perspective of remaining vigilant that we don’t cease
But how do you square that with the fact that humans
to be the kind of society we want to be, we have to be
commit genocide? Humans torture each other. Humans
hyper-attuned to these things. It’s the little tiny things
do terrible things and no one nation or ethnic group has
that matter. You can take a series of little tiny steps,
a clean record here. When you think about Nazi Germany,
and suddenly you’re much further down the road than
Rwanda, Bosnia, the big puzzle is always this: how does
you ever expected to be. And the biggest risk factor for
it come about that ordinary people — who are just like
having that happen is the absolutist belief in your own
us in every important respect, in their aspirations and
exemption from those impulses.
their emotions and their psychological make-up — end
up being people who, at best, stand by while others are
Editor’s Note: UVA Lawyer asked this follow-up question
slaughtered, and at worst, actively participate in the
after the January 30 election in Irag:
slaughter? How does that process occur? It seems to me
that the category of “extreme evil” does not have a lot of
Now that Iraq has conducted a successful national
analytic use. When you study these issues a lot, what you
election, what role does international law play in
end up concluding is that there is no permanent end-state
protecting the sovereign efforts at self-determination
of innocence or goodness or respect for human rights
by the Iraqi people?
and the rule of law. There is never a moment when any
society can just sit back and say, “hey, we’re a group of
JNM: The election in Iraq demonstrates the strong
nice people, those bad things that happen in other places
support for democracy among the people of Iraq. And
would not happen here!” Because over and over, it turns
it is a repudiation of the extremists who seek to block
out that they can happen anywhere, and they can happen
democracy and development. Hopefully the election
pretty quickly. You can see patterns that recur in different
represents a turning point in the war in Iraq. The twin
societies as they slide into human rights abuses on a really
challenges of the road ahead are to grow Iraqi security
massive scale. I think one of the biggest dangers for the
forces more rapidly than the insurgents, and for the
United States is believing that we are somehow exempt
longer term to ensure that full constitutional democracy,
from these forces, that because we are good, decent
not just an electoral democracy, takes root in Iraq. people, because we believe in human rights and the rule of
law, therefore we can do things that we would condemn in
Founded by Thomas Jefferson, a pronounced internationalist
other people — because somehow we’re so fundamentally
in his writings and government service, the Law School
good that we won’t actually step over the brink. That is
has long emphasized the importance of international law
our own absolutist risk, and it’s terribly dangerous.
in its curriculum. That emphasis accelerated in the 1960s
To make a slightly goofy analogy, it seems to me
under the deanship of Hardy Cross Dillard who later joined
that it’s a little bit like an alcoholic who goes through
the International Court of Justice and left behind the seeds
Alcoholics Anonymous and stops drinking for a while,
of a curriculum that now includes vibrant programs in
then thinks, “Well, hey, I’m not an alcoholic anymore; I’ll
immigration, human rights, environmental, comparative
just go out now and have a few drinks. That will be okay. I
constitutional law, as well as private and commercial law
can stop after a few.” But you just can’t do that. Otherwise,
in the global arena. These programs offer a wide variety
you’ll slide down pretty quickly. I think the same is true
of course offerings, ranging from basic courses in public
for a society that wishes to see itself as respecting human
international law and international business and trade,
rights and the rule of law. You can never afford to say,
to advanced courses in human rights, foreign relations
“Well, just this once we’ll torture people, just a little bit,
law, oceans law, national security law, and international
very carefully, and it won’t really fundamentally hurt us or
criminal law; and clinics in Refugee Law and International
hurt our culture.” It can get out of control very quickly.
Human Rights Law. Numerous student-run organizations
On a moral — and certainly on a legal level, one can
provide opportunities for hands-on experience. For a
certainly make a distinction between final government
complete description of the Law School’s International Law
actions and internal memoranda and debates, But from
Program, please go to www.law.virginia.edu.
UVA Lawyer • Spring • 2005
[47]
Truth,
Wherever It May Lead
Five Decades of Studying the Middle East:
R.K. Ramazani S.J.D. ’54
Cullen Couch
I
magine attending a law school so factionalized that thugs steal and destroy the ballot
boxes used in a school election. Later, they stab to death the dean on the front steps of
the school, invade one of your classes, slaughter a classmate, and then rush out into
the hallway chanting your name — the next target.
Such was the School of Law at the University of Tehran in 1952, the alma mater
of Professor R.K. “Ruhi” Ramazani S.J.D. ’54. Now living quietly with his wife, Nesta,
in their beautifully landscaped home in Ivy, Virginia, Ramazani’s soft voice and
courtly manner seem at odds with his history as a young Iranian law student leading
a political faction in a strife-torn country.
Fearing for his life, Ramazani left the blood-spattered walls of that classroom
and slipped away to safety by chanting “Get Ramazani …” along with the thugs in
the hall. Fortunately, he finished his law degree and began to seek the personal and
intellectual safety of an academic career in the United States.
During Iran’s oil nationalization crisis in the early 1950s, turbulence swept
through the country, especially in universities, where the rhetoric turned into a
potent brew of violence and extremism. As one of the campus activists supporting
the liberal/nationalist faction, Ramazani attracted the attention of the vicious Tudeh,
UVA Lawyer • Spring • 2005
[49]
TRUTH, WHEREVER IT MAY LEAD
the local communist party. They had ordered the campus
murders and Ramazani was on their list of intended
victims.
“There was nothing to protect you,” he recalls, “and
no way to have an ambition to become a lawyer or
teacher on your own merit. It was a question of what
faction you sided with. I couldn’t practice or teach law
while living under the threat of arrest and imprisonment
for political reasons, so I looked to America as a place free
from those threats.” A year after he arrived in the United
States a CIA-sponsored coup ousted the popularlyelected Prime Minister Mohammed Mossadeq and reinstalled the Shah. All hope for democracy was ended.
Ramazani’s academic career in the United States
began at the University of Georgia where he studied
American constitutional law and international law
under Professors Albert Saye and Sigmund Cohn. Both
“WHEN THERE IS NEED to be pragmatic, Iranians are pragmatic
and that is something the United States must understand.”
professors felt that Ramazani’s career would benefit if
Coming from the violence of his undergraduate years
he continued his studies at the University of Virginia
in Tehran, he developed an intense passion for the
Law School. Granted a DuPont scholarship, Ramazani
democratic ideals of Thomas Jefferson, and the collegial
pursued his S.J.D. under the primary guidance of
gentility of his University. In his teaching syllabus,
Professor Hardy Cross Dillard and with the close support
Ramazani often quoted Jefferson’s mission for the
of Professor Neil H. Alford.
University: “Here we are not afraid to follow truth,
“I loved the man,” says Ramazani of Dillard, who later
became dean of the Law School and created the school’s
early curriculum on international law. He later became a
reason is left free to combat it.”
Ramazani has been studying Middle Eastern affairs
judge on the International Court of Justice. “He had such
and diplomacy for the better part of five decades,
an extraordinary humane touch. We were really close.
publishing ten books and more than 100 articles. He is
He was fatherly with me, compassionate, understanding,
known worldwide as an expert on the region. Ramazani
a true mentor. He was very broad-minded and of
cites his legal education for providing the intellectual
proverbial eloquence. He was a magnificent writer. When
framework for his original theories about international
he wrote an essay, it was absolutely superb.” Ramazani’s
politics and the foreign policy of small countries.
fondness for Dillard caused him to dedicate one of his
“The study of law gave me an advantage; it provided
books to his memory.
intellectual discipline.”
In June 1954, shortly before he completed his
[50]
wherever it may lead, nor tolerate any error so long as
That discipline led Ramazani to look at international
doctorate, Ramazani taught his first course — Middle
relations from a variety of perspectives. In foreign policy
Eastern politics — beginning a successful lifelong
scholarship, Ramazani found that theorists often focus on
career teaching at the University of Virginia’s Woodrow
narrow slices of an event, usually corresponding to their
Wilson School (later Department) of Foreign Affairs.
chosen field, and miss the interactions amongst other
UVA Lawyer • Spring • 2005
TRUTH, WHEREVER IT MAY LEAD
elements that tell a broader story. Instead, Ramazani
hospitality, importance of personal relations, family ties,
navigates the interstices of disciplines to find more
courtesy, and consideration for others. There are some
revealing angles.
really ancient values there.”
For example, some scholars see Iran’s Islamic
Over the years, Ramazani has consulted on Middle
revolution as the result of a rejection of American
Eastern affairs with the United Nations and various
domination, while others cite the country’s internal
departments of the United States government including
power struggles over religion. Ramazani argues that
State, Defense, and Treasury. His counsel has been
it was neither, but rather a question of how the Shah
sought at the highest levels, most notably by President
unsuccessfully juggled his relationship with the United
Carter during the Iranian hostage crisis. From that broad
States and the Shah’s own internal constituencies.
experience in American foreign affairs, Ramazani sees a
Whatever the cause, the events of that time still resonate.
“sea change” in the course of American policy since the
Today, the United States government considers Iran
part of the “axis of evil,” while the mullahs in the Iranian
terror attacks of 9/11.
As a result, he says he “has never known such deep and
government see America as the “great Satan.” While the
widespread anti-American sentiment. As a person who
parallel construction of these international epithets raises
has seen both sides, tried to converse with both sides, it’s
interesting questions, they describe a tone of mutual
clear that America now comes across as a menace, a threat
suspicion and soaring rhetoric that has lasted decades.
to these societies. There are millions in the Middle East
Today, the invective has become truly radioactive as
who aspire to democratic ideals, but American behavior
Iran pursues a nuclear energy program in the face of
no longer comes across as the promise of freedom for the
American suspicion of Iran’s pursuit of nuclear weapons,
young or for democratic elements because America has
but Ramazani is more sanguine about Iran’s intentions.
made the military — not the Fulbright program, not the
He believes that Iran intends to use nuclear power to
Peace Corps program, and not education — its principle
generate electricity so that the country can sell its oil
instrument of foreign policy.”
instead of having to use it domestically, a reason not
Last fall, he told members of the Law School’s
often heard in the mainstream U.S. media. While he
Business Advisory Council that given the historical
concedes that a weapons program is a possibility, “when
record and cultural reality of the Middle East, it should
there is need to be pragmatic, Iranians are pragmatic and
have been no surprise that the Bush administration’s
that is something the United States must understand. I
“unrealistic assumptions” would turn out so wrong, and
have tried to show in my work that there has always been
that press reports, official accounts, and scholarly and
this tension between religious ideology and pragmatism
academic writings on the conflict reveal no clear reason
in Iran, all the way back to Cyrus the Great.”
why the administration chose to invade in the first place.
And Ramazani believes that ultimately pragmatism
will win out given the large reform movement
Find the text of the speech at www.law.virginia.edu/
uvalawyer.
now stirring in Iran. “A recent poll showed that an
As a scholar, Ramazani seeks the truth, but the truth
overwhelming majority of Iranians want relations
can be troubling for a naturalized American citizen who
with the U.S. What is happening at the grass roots is
found peace and freedom in a country now vilified in
unstoppable. The diehards can put someone in jail, arrest
large portions of the world. “The best decision of my
others, but in the mid-term they cannot succeed. An
life at a young age was to come to America. The reality
overwhelming number of people support reform and a
of America is in the air I breathe. I know there are
more secular society and government.”
critics, but I believe that America is unique as a land
Does he miss the land of his birth? “Politically, no.
of opportunity; unique in its freedom of the press and
But it still has beauty in its culture and literature. Iran
religion. This is truly a multicultural country, a melting
is very unique in its contribution to literature and art
pot if you wish. For some people it’s not what it used to
and philosophy, and I think it is pitifully misunderstood
be, but it still is for me. When I return from traveling
because of the revolution and the hostage situation. I
and get off the plane I want to kiss the ground at
last visited in 2000 and found an enormous sense of
Charlottesville airport.” UVA Lawyer • Spring • 2005
[51]
Class Notes
1940
1959
Mortimer Caplin was appointed to a
three-year term to the American Bar
Association’s Standing Committee on
Pro Bono and Public Service. He reports
that “this fits in closely with the work of
[the Law School’s] Public Service Center
and hopefully will bring more of the
leading adherents to Charlottesville.”
Caplin recently delivered the Erwin N.
Griswold Lecture in San Diego before the
American College of Tax Counsel. The
lecture, “The Tax Lawyer’s Role in the Way
the American Tax System Works,” can be
found in its entirety at: www.law.virginia.
edu/uvalawyer. The October issue of
TAXES was dedicated to an Interview
with Mortimer Caplin.
Lawrence H. Hoover, Jr., of Hoover
Penrod PLC in Harrisonburg, VA, was
elected a fellow of the American Bar
Foundation.
1948
U.S. District Judge Robert McRae died
of pneumonia in June. After graduating
from the Law School, McRae’s practice
began in Memphis as an assistant city
attorney. In 1964, he was elected circuit
court judge and remained so until his
federal appointment. McRae retired on
New Year’s Day in 1995. He is survived by
his son, Malcolm McRae.
1958
Benjamin K. Phipps of The Phipps
Firm, Tallahassee, FL, was designated a
Certified Member of the Institute (CMI)
in property taxation by the Institute of
Professionals in Taxation. The Institute’s
members include appraisers, accountants,
and attorneys who provide representation
for taxpayers in state and local tax matters.
Phipps is the only attorney in Florida
with the CMI designation in property tax.
1960
The Wilderness Center of Stark County,
OH, named Ronald W. Dougherty,
senior partner with Krugliak, Wilkins,
Griffiths & Dougherty Co., LPA, in
Canton, OH, as its 2004 Earthly Delights
Tribute Dinner and Auction honoree.
“Dougherty was chosen … for his
commitment to the community,” said
the Center’s executive director. The
Wilderness Center is dedicated to nature
education, wildlife conservation, natural
history and community service. The
Earthly Delights Auction is the major
fund-raising event for the Center.
1961
Edward W. Probert retired on June 1
as president and CEO of the Fannie E.
Rippel Foundation in New Jersey, after
more than 15 years with the organization.
Prior to joining the Rippel Foundation,
Probert spent 27 years with J.P. Morgan
& Co. in New York. He will remain chair
of the Foundation, which supports heart
disease, cancer research and treatment,
and women’s health issues.
1962
G. Marshall Mundy was selected for
inclusion in the 2005–2006 The Best
Lawyers in America and has been listed
for more than ten years. Mundy is in
private practice at Mundy Rogers &
Associates LLP in Roanoke, VA.
Ronald P. Sokol’s article, “Justice
emigrates to Europe,” was published on
the editorial & commentary page in the
July 17 International Herald Tribune.
Sokol practices with Sokol Law Offices in
Puyricard, France. (Editor’s Note: You’ll
also find an article by Mr. Sokol in this
issue’s Opinion column.)
1964
Walter M. “Chip” Dickey married
Mary Gay Asselin on June 26. Asselin’s
brother, Judge Gary Gaertner, Chief
Judge of the Missouri Court of Appeals,
Eastern District (St. Louis), performed
the ceremony at the Kansas City Club
in Kansas City, MO. In addition to the
wedding news, Dickey proudly reports
that his four-year-old grandson, Alex,
scored 12 goals in his first game for
Pembroke Hill School.
Ward Elliot, a professor of government
at Claremont McKenna College in
Claremont, CA, and a Shakespeare
authorship buff, gave an address at the
University of Tennessee Law School
conference, “Who Wrote Shakespeare?”
in June. Elliot used stylometric evidence
to argue that “the odds that the Earl of
Oxford could have written Shakespeare’s
poems and plays were worse than
getting hit by lightning.” An account
of the conference may be found at:
http://www.claremontmckenna.edu/news/
cmcmagazine/2004summer/currents/.
Elliot’s webpage can be accessed at http://
govt.claremontmckenna.edu/welliott/
index.htm.
Send us Your News
Tell us the important things that happen in your life! We welcome submissions for inclusion in Class Notes. Online, submit them at www.law.virginia.edu/
alumni; E-mail them to lawalum@virginia.edu; mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road, Charlottesville, VA 22903; or
fax them to 434/296-4838. Please send you submissions by July 28 for inclusion in the next issue.
UVA Lawyer • Spring • 2005
[53]
Class Notes
Walter L. Metcalfe,
Jr., has been
reappointed as
Chairman of the
Board of Directors
of the Federal
Reserve Bank of St.
Louis by the Board of Governors of the
Federal Reserve System in Washington,
DC. Metcalfe is partner and former
chairman of Bryan Cave LLP in St. Louis.
Project volunteers in Cape Town, South Africa.
Alumni & Professor Create Pilot
Teaching Program in South Africa
F
our Law School alumni and a professor have helped create the Commercial
Law Education Project, a pilot program featuring senior U.S. and South African
lawyers who teach Commercial Law courses to young black South African lawyers.
Paul Coetser LL.M. ’87, Leigh B. Middleditch, Jr. ’57, James St. Clair ’60, Frank
Stewart ’57, and Law School professor Michael Dooley worked with multiple
delegations to plan the eight-week course given at the University of Wittswaterrand
in Johannesburg, South Africa from May 4 – July 2, 2004. The program was
sponsored by the Senior Lawyers Division of the American Bar Association, the
International Senior Lawyers Project of New York, Coetser’s Johannesburg law firm
Brink Cohen Le Roux, and the Black Lawyers Association of South Africa. The
sponsors hope to raise sufficient funds for the program to run annually.
According to the Black Lawyers Association, the end of apartheid opened the
way for black South Africans to participate fully in South Africa’s economic and
1965
H. Anthony Medley published the second
edition of his book, The Complete Idiot’s
Guide to Bridge (see In Print). Medley
holds the rank of Bronze Life Master, is
an American Contract Bridge League
Club Director, and has won regional and
sectional titles. He is also the author of
Sweaty Palms: The Neglected Art of Being
Interviewed, the first book ever written
on the job interview for the benefit of
the interviewee, and UCLA Basketball:
The Real Story. His articles have been
published in numerous newspapers and
magazines, including The Hollywood
Reporter, Los Angeles Magazine, and Good
Housekeeping. Medley is a film critic
accredited by the MPAA, and his critiques
appear in several newspapers and on the
internet via the Movie Review Query
Engine (www.mrqe.com) and Rotten
Tomatoes (www.rottentomatoes.com).
professional life, but few programs help them become full and equal players in
their chosen professions. In the legal field particularly, many lack the historical
advantages of connections to successful law firms or business enterprises that their
white counterparts frequently enjoy, forcing them to establish new firms that do not
have senior lawyers to train and mentor them. The Project brings to these young
lawyers the experience of veteran attorneys who can help them engage fully and
effectively in the practice of commercial law.
1968
Donald C. Greenman of Ober|Kaler was
recognized in the 2005–2006 The Best
Lawyers in America for his significant
contribution in the area of maritime law.
Greenman is part of the admiralty group
practice in the firm’s Baltimore office.
Kevin Salisbury, an American attorney and one of the program’s instructors,
said that he has had “experience with other, U.S. government-to-government ‘top
down’ programs in underdeveloped countries,” but he believes that the “yield from
private ‘bottom-up’ programs like these, where the contact is one-on-one with the
practitioners, is far more effective in real terms, and tends to reinforce the rule of
law at its foundations, right where ‘the rubber meets the road.’” Added St. Clair,
“The student-lawyers were a joy to work with; so eager to learn and so grateful for
the Senior Lawyers’ help. I look forward to returning for another session.”
For more information about the program, contact Leigh Middleditch at
lmiddleditch@mcquirewoods.com or call him at (434) 977-2543.
[54]
UVA Lawyer • Spring • 2005
John W. Merting was elected as
Chairman of the Southeastern Admiralty
Law Institute at the group’s annual
meeting held at the Inn at Yellowstone
National Park, WY. In the 40-year history
of the organization, Merting is only the
second attorney elected chairman who
represents seamen and other private
individuals injured in the course of
maritime activities, rather than the major
oil and shipping companies
Class Notes
and their insurers. Merting is the first
board certified admiralty and maritime
attorney in the Florida Panhandle and
has practiced law in Pensacola since 1968.
1969
James B. Kobak, Jr., became President
of the New York County Lawyers’
Foundation in November. He is a
member of Hughes, Hubbard & Reed,
one of whose named partners was U.S.
Chief Justice Charles E. Hughes. Hughes
was himself President of the New York
County Lawyers Association prior to
becoming Chief Justice.
William H. Weiland
joined Winstead
Sechrest & Minick
in Houston as
shareholder
and chair of its
international practice
group. Weiland brings more than 30
years of worldwide public and private
international law experience to the firm.
1970
Richard N. Carrell of Fulbright &
Jaworski LLP was named a “Texas Super
Lawyer” in the November Texas Monthly.
Carrell’s practice area is antitrust. He is a
partner in the Houston office.
Kenneth M. Greene,
a senior partner at
Carruthers & Roth,
PA, in Greensboro,
NC, was selected
for inclusion in the
2005–2006 The Best
Lawyers in America. This marks the tenth
anniversary of Greene’s first appearance
in The Best Lawyers. Greene was also
selected to this year’s Business North
Carolina’s “Legal Elite” in the practice
areas of bankruptcy and business law.
1971
The second edition of Geoffrey Hull’s
book, The Recording Industry, was
recently published (see In Print). The
book explores the legal, economic,
and business aspects of the music
business. Hull is a professor in the
Recording Industry Department at
Middle Tennessee State University in
Murfreesboro.
David Robertson, partner at Cadwalader,
Wickersham & Taft LLP in New York,
is the President-Elect of the New York
County Lawyers Association. Robertson
is also a member of the ABA House of
Delegates and the National Conference of
Bar Presidents.
1972
Michael Blair was
named to manage
PennStuart’s workers’
compensation and
occupation disease
group. Blair was an
assistant attorney
general in Virginia for five years prior to
joining PennStuart in 1979. An officer
in the firm’s Bristol, TN office, Blair
represents employers and insurance
carriers before the Virginia Workers’
Compensation Commission and handles
black lung cases before the Department
of Labor.
George W. House,
partner at Brooks,
Pierce, McLendon,
Humphrey &
Leonard, LLP, in
Greensboro, NC,
was selected for
inclusion in the 2005–2006 The Best
Lawyers in America. House also has
earned recognition as North Carolina’s
“Legal Elite” in environmental law and
litigation.
Gregory L. Murphy was made a fellow
of the American Bar Foundation and the
Virginia Bar Foundation. Murphy is a
partner at Vorys, Sater, Seymour & Pease
LLP in Washington, DC.
Emperor Awards Miller ’70
H
is Majesty Emperor Akihito of Japan recently conferred the decoration,
“The Order of the Sacred Treasure, Gold Rays with Neck Ribbon,” upon
Marshall V. Miller ’70. This decoration was given to Miller for his significant
contributions toward deepening friendship and understanding between the people of
Japan and the United States. Miller is President of Miller & Company PC, a Kansas Citybased law firm, and is also legal advisor to the Consulate General of Japan at Kansas City.
Miller has represented numerous Japanese companies that have established major
Marshall and Janet Miller at the Official Residence
of the Consul General of Japan in Kansas City where
Marshall received the decoration from Consul General
Takao Shibata.
manufacturing and business enterprises in the U.S. He is recognized for his involvement
in the development of the U.S. Foreign-Trade Zones Program that secures U.S.
investment and employment for international companies doing business in America.
His first research of the foreign-trade zone subject was as a student at UVA; a Note on
the subject was published in 1969 in the Virginia Journal of International Law.
UVA Lawyer • Spring • 2005
[55]
Class Notes
1973
1975
1976
Robert M. Craig III is serving as co-chair
of the Litigation Section’s Committee on
Corporate Counsel for the American Bar
Association. He manages the securities and
mergers and acquisitions litigation docket
for Waste Management, Inc., in Houston,
where he is associate general counsel.
Zack A. Clement of Fulbright &
Jaworski LLP was named a “Texas Super
Lawyer” in the November Texas Monthly
Magazine. Clement’s practice area is
bankruptcy & workout. He is a partner in
the Houston office.
William P. H. Cary,
partner at Brooks,
Pierce, McLendon,
Humphrey & Leonard,
LLP, in Greensboro,
NC, has been selected
for inclusion in the
2005–2006 The Best Lawyers in America.
1974
C. Wilson DuBose
was recognized
with awards from
the American Bar
Association, the
State Bar of Georgia,
and the Atlanta
Bar Association. DuBose received the
American Bar Association’s Access to
Justice Award in 2004 for his role in
indigent defense reform in Georgia. He
was also chosen to receive the 2004 State
Bar of Georgia Distinguished Service
Award, described as the State Bar’s
highest honor. DuBose then received
the Atlanta Bar Association’s Leadership
Award in January, for his contributions
to indigent defense and school-failure
prevention projects in the city and state.
As chair of the State Bar of Georgia’s
Indigent Defense Committee, which helps
provide representation and equal justice
to the poor, DuBose was instrumental
in the passage of HB 770. The bill
created the Public Defender Standards
Council, an independent agency within
Georgia’s judicial branch, whose mission
is to ensure, independently of political
considerations or private interests,
that each client whose cause has been
entrusted to a circuit public defender
receives zealous, adequate, effective,
timely, and ethical legal representation.
T.J. Wray of Fulbright & Jaworski LLP
was named a “Texas Super Lawyer” in the
November Texas Monthly. Wray’s practice
area is labor and employment. He is a
partner in the Houston office.
[56]
UVA Lawyer • Spring • 2005
William C. Cleveland III was selected by
his peers for inclusion in the 2005–2006
The Best Lawyers in America. Cleveland
was chosen in the business litigation
category and is the business litigation
practice group head at Buist Moore
Smythe McGee in Charleston, SC.
Daniel T. Roble of Ropes & Gray LLP
in Boston was selected by his peers for
inclusion in the 2005–2006 The Best
Lawyers in America.
Tom Schlosser continues to work for
American Indian tribes, most recently,
clearing the way for restoration of
California’s great Trinity River in the
case of Hoopa Valley Tribe v. Westland
Water District. Find the story of the
case at http://www.schlosserlawfiles.
com. Schlosser is a director at Morisset,
Schlosser, Jozwiak & McGraw in Seattle.
Peter Tennyson of Paul, Hastings, Janofsky
& Walker in California’s Orange County, was
selected as a recipient of the 2003 California
Lawyers Attorney of the Year Award in
transactional law. Tennyson was the lead
attorney on one of the biggest acquisitions
of 2003: a $2.5 billion deal on behalf of his
client, David H. Murdock, chairman and
CEO of Dole Food Company.
Michael L. Wells was appointed the
Marion and W. Colquitt Carter Chair in
Tort and Insurance Law at the University
of Georgia School of Law in Athens,
GA. Wells joined the faculty in 1978 and
specializes in the fields of torts, federal
courts, and constitutional law. The chair
was established in 1986.
James Hingeley was selected as a fellow
of the Virginia Law Foundation, Class of
2005. This honor is conferred on lawyers
who have distinguished themselves in
the legal profession, by service to the Bar
and to their communities, and is limited
to one percent of the active and associate
lawyers in Virginia. Hingeley is a public
defender in Charlottesville.
James J. Lee continues to practice in the
Dallas office of Vinson & Elkins LLP,
where he is a partner in the commercial
litigation and insolvency areas,
specializing in bankruptcy litigation.
Recently, he was selected as a “Texas Super
Lawyer” for the second consecutive year
by Texas Monthly and Law and Politics.
Earlier in the year, Lee was recognized
as one of two top-ranked practitioners
in bankruptcy litigation for the state
of Texas in 2004 by Chambers USA. He
was also selected for membership in
the National Register’s Who’s Who in
Executives and Professionals.
Michael J. Leech has been designated by
the Washington, DC-based College of
Labor and Employment Lawyers as its
liaison to the American Law Institute’s
Restatement of the Law of Employment,
Third Project. Leech is a partner at
Hinshaw & Culbertson LLP in Chicago.
M. Hamilton Whitman, Jr., of Ober|Kaler
in Baltimore has been recognized in the
2005–2006 The Best Lawyers in America
for his significant contribution in the
area of maritime law. Whitman is chair
of the admiralty group practice.
Class Notes
1977
J. Herbie DiFonzo, professor of law
at Hofstra University School of Law,
delivered the Peter E. Herman Prize
Lecture, titled, “Unbundling Marriage:
Interpreting the Legal and Cultural
Changes in Family Structure.” He
also was named a co-reporter for the
Family Law Education Reform Project,
sponsored by the Association of Family
and Conciliation Courts. His most recent
article, “In Praise of Statues of Limitations
in Sex Offense Cases,” will be published
this winter. Hofstra is in Hempstead, NY.
Michael Fix became Vice President of the
Migration Policy Institute in Washington,
DC, in January.
Following a professorship at Wake
Forest Law School, David A. Logan was
appointed Dean of the Roger Williams
University Law School in Rhode Island.
John F. Meck, a
partner at Fox
Rothschild LLP in
Pittsburgh, was named
a “Pennsylvania
Super Lawyer” as
selected by his peers
statewide, representing the top five percent
of all lawyers in the Commonwealth.
From this group, Meck was singled out as
one of the Top 50 in the city. Meck also was
chosen as one of the best in the nation
by fellow attorneys in the 2005–2006 of
The Best Lawyers in America. He focuses
his law practice on estate, trust and tax
planning, administration, and litigation.
Eva Nilsen is a law professor at Boston
University’s School of Law, where she
runs a criminal justice clinic and teaches
criminal law-related subjects, as well
as a seminar on U.S. drug policy. Her
husband Eric Blumenson is also a law
professor, and daughter Claire is a junior
at Wesleyan. Nilsen reports that she
regularly sees many 1977 classmates.
For the spring semester, John E. Noyes
is a distinguished visiting professor of
law at Suffolk University Law School.
He has been a professor of law at
California Western School of Law in
San Diego since 1982. Professor Noyes
is currently the United States member
of the International Law Association’s
Committee on the Outer Limits of the
Continental Shelf, and a vice president of
the American branch of the International
Law Association.
Will Shortz is the
crossword editor of
the New York Times
and “Puzzlemaster”
for National Public
Radio’s “Weekend
Edition Sunday.”
As a non-practicing lawyer who never
took the bar exam, Shortz has always
considered himself a “black sheep in
the legal world.” He will be the keynote
speaker at the annual Law School
Admissions Council meeting on June 2–4
in Palm Springs, CA.
1978
Christopher Scott
D’Angelo was
appointed to a second
term as chairman
of the International
Law Committee of
the Defense Research
Institute (DRI). DRI is a national and
international membership association
of lawyers and others concerned with
the defense of civil actions. D’Angelo is a
partner in the law firm of Montgomery,
McCracken, Walker & Rhoads, LLP,
based in Philadelphia, and is chairman
of the products liability & toxic torts
section of its litigation department. His
practice emphasizes business, class action,
intellectual property, and products liability
counseling and litigation, including his
role as national counsel for several major
U.S. clients and his representation of
foreign concerns in the United States and
U.S.-concerns abroad, as well as litigation
and other matters in probate courts or
involving estates and trusts.
Peter Flynn and his wife Jenifer ’79 report
that they hope to be in Charlottesville
this spring with their daughter Elinor
(17), who is a junior at Deerfield
Academy in Massachusetts. Both she and
their son Peter, a sophomore at Deerfield,
are planning to apply for admission to
the University of Virginia.
Michael Haggerty,
a partner in
the business
transactions section
of Jackson Walker’s
Dallas office, was
named a “Texas
Super Lawyer” by Texas Monthly in
2004.
Arthur L. Schwarzwaelder was inducted
into the American College of Trial Lawyers.
Schwarzwaelder is an attorney with John
A. Caputo & Associates in Pittsburgh.
His practice is concentrated in plaintiff’s
medical malpractice and personal injury.
William K. Smith joined Ulmer & Berne
LLP as of counsel in the firm’s real estate
and business law groups in Cleveland.
Prior to joining Ulmer & Berne, Smith
was at Frantz Ward LLP. At Frantz
Ward, Smith represented banks and
other lending institutions in financial
transactions and loan workouts.
1979
As a Senior Advisor to the U.S. Council
on Competitiveness, Jerry W. Cox is
explaining the implications of U.S.
Homeland Security Policy to business
leaders around the world. Cox was
the kick-off speaker at a conference in
New York, and addressed a worldwide
conclave of transportation experts in
Belgium in March. Cox owns Potomac
Strategy Associates, a law and public
affairs firm in Washington, DC.
Dr. Hugh Hill is back at Johns Hopkins
after a three-year stint at the Center
for Medicare & Medicaid Services. He
continues to write and consult in health
law and policy.
UVA Lawyer • Spring • 2005
[57]
Class Notes
Elizabeth Kelley of Oak Forest, IL,
practices social security disability law
with her husband John Horn. The
couple celebrated their 20th wedding
anniversary with trips to Rome, Vienna,
Cornwall, Paris, and Naples last year. Their
daughters Anne McDonough (18) and
Parham (16) attend St. Andrew’s School in
Middletown, DE; while son John Mathias
(13) is at the Papplewick School in Ascot,
England, prepping for Eton College.
David B. McCormack, a principal at Buist
Moore Smythe McGee PA, in Charleston,
SC, was selected for inclusion in the
2005–2006 The Best Lawyers in America.
McCormack was chosen in the labor and
employment law category and is the firm’s
employment practice group head.
Randall A.
Underwood,
partner at Brooks,
Pierce, McLendon,
Humphrey &
Leonard, LLP, in
Greensboro, NC, was
selected for inclusion in the 2005–2006
The Best Lawyers in America.
Emily White, a former Deputy Secretary
with the Pennsylvania Department
of Community and Economic
Development, joined Duane Morris LLP
as a partner in the corporate practice
group in Harrisburg, PA. Prior to her role
as Deputy Secretary, White served the
Pennsylvania Department of Commerce
as Director of the Office of Small
Business, and as in-house counsel.
1980
The Association of Corporate Counsel
(ACC) presented its 2004 Robert I.
Townsend, Jr., Award for Member of the
Year to Andrea L. Bridgeman, assistant
general counsel of Freddie Mac in
McLean, VA, at the ACC’s 2004 annual
meeting in Chicago. The award recognizes
a member who has provided distinguished
service and demonstrated an ongoing
commitment to the association’s success.
[58]
UVA Lawyer • Spring • 2005
Marc J. Goldstein
joined Hodgson Russ
LLP as a partner in
the firm’s New York
business litigation
and international/
cross-border practice
groups. In 2004 Goldstein was listed in
Chambers Guide to the World’s Leading
Lawyers and the Chambers USA Guide
to America’s Leading Business Lawyers as
a leading practitioner in international
commercial arbitration for the fourth
consecutive year. He also has lectured
and published extensively, including
a chapter on enforcement of foreign
arbitral awards in courts in Transatlantic
Commercial Litigation and Arbitration,
published in 2004 by Ocean Publications.
Glenn Gundersen, a partner at Dechert
LLP in Philadelphia, received the
Volunteer Service Award from the
International Trademark Association
(INTA). The award recognizes individuals
who provide exemplary volunteer service
to INTA and trademark law. Gundersen
previously completed a four-year term on
the Board of INTA’s Programs Committee,
co-chaired a two-day INTA forum on
trade dress law in New York, and led a task
force charged with enhancing the quality
of INTA’s educational programs. He is the
author of the book Trademark Searching
and co-author of Intellectual Property in
Mergers & Acquisitions.
Sally Dillard Hauptfuhrer reports that
daughter Barbara is a member of the
Duke University class of 2006, son Tuck
graduates from Vanderbilt University
in 2007, and son Lawson graduates
from high school in May 2005, where
Hauptfuhrer was president of the
parents’ association.
W. David Paxton reports that his son
Corey (25) is married and headed to
Fuller Seminary in September; daughter
Traci (24) is a North Carolina State
graduate and working as director
of mission development for Impact
Athletics. Paxton and his wife Vicki are
“still hitched” after 26 years, and he is
still with Gentry Locke in Roanoke, VA.
“Corey is carrying on the tradition, as his
wife is expecting in July.”
Steven Usdin established his own
commercial litigation firm in 2003, along
with six partners and nine associates.
The firm, Barrasso Usdin Kupperman
Freeman & Sarver, LLC, is in New Orleans.
1981
Nancy (Bader) Gardiner became a
partner at Hemenway & Barnes in
Boston where she is director of select
client services, with responsibility for
overseeing philanthropic advisory
services. She and her husband Nat, a
partner at Palmer & Dodge in Boston,
live in Chestnut Hill, MA, with their
two daughters, Eliza (Harvard ’08) and
Charlotte (14).
Christine Hughes has become general
counsel to Emerson College, a small
college in Boston specializing in
communications and the arts. Hughes
writes that it is “not much money, but
lots of fun and challenge!”
1982
Robert C. Carlson released a book, The
New Rules of Retirement, published by
John Wiley & Sons (see In Print). The
book contains strategies for a secure
future and explains how “the Age
Wave” is affecting retirement. Carlson is
editor of Retirement Watch, a monthly
newsletter. He is also chairman of the
board of trustees of the Fairfax County
Employees’ Retirement System and a
member of the board of trustees of the
Virginia Retirement System.
David Colker was featured in the June
issue of Traders Magazine in his role as
President and CEO of the National Stock
Exchange, the third largest exchange
in the country. The article “A Hippie’s
Triumph,” chronicles Colker’s journey
“from disco … to CEO.”
Keith Cowan was promoted to President
of Marketing and Development of
BellSouth in Atlanta, GA. Cowan
previously served as President of
Interconnection Services (2004), Chief
Planning and Development Officer
(2000–2003), and Vice President of
Corporate Development (1996–1999).
Class Notes
Purrington ’77 Helping Rebuild Iraq
A
fter spending three weeks in October escorting a
“we are improving with time on our abilities to execute projects
delegation of Iraqi officials on a government sponsored
and promptly deploy funding allocated to rebuild the country.
trip to the United States, Roliff Purrington ’77 headed back to
Construction projects mean jobs and jobs enhance social
Baghdad in November 2004. As Senior Consultant to the Iraqi
stability, so the reconstruction is an important element of the
Ministry of Construction and Housing, Purrington is unsure
foreign policy task.”
precisely when he will finish his work in Iraq, but he is “feeling
He interacts with the military regularly, including when he
the tug, especially after coming home to the U.S., which the
goes out in the Red Zone in convoys to the Ministry offices and
visiting Iraqi officials described as a ‘paradise’ upon seeing it for
elsewhere during the week. He has also had an opportunity to
the first time.”
observe the military while working on the reconstruction of
Purrington volunteered to serve in Iraq in late 2003 and
arrived there in March 2004, taking leave from his work for
Cherokee Investment Partners, LLC, a private equity fund. The
Coalition Provisional Authority (CPA) first placed him as one
of the advisors to the new Iraqi environmental ministry. Then,
in April 2004, Ambassador Paul Bremer appointed him Senior
Consultant to the Ministry of Construction and Housing, one
of Iraq’s larger ministries with some 23,000 employees. His
assignment runs well into 2005.
With the transition of sovereignty to the Interim Iraqi
Government from the CPA in June 2004, Purrington began
working for the State Department in the same capacity. “With
transition,” he said, “I became less involved in the day-to-day
management of the Ministry and more involved in broader
policy and reconstruction issues, though I still spend significant
Roliff Purrington ’77 (right) with an Iraqi Facilities Protection Officer in the
Green Zone.
amounts of time fielding issues and addressing problems.” He
follows up on old CPA matters and acts as an ombudsman
Samarra and Fallujah and visiting those cities. They are “among the
fielding issues that arise between the Coalition and the Ministry.
most effective operators in the theater,” he said. “They’re disciplined
He is now advising on creating an Iraqi home mortgage facility,
and practical, and the combination produces good results. I’m
developing mechanisms to allow U.S.-funded construction
impressed by first, their bravery, and second their ‘can-do’ attitude.”
projects to be administered through the Iraqi contracting
Purrington says he is too busy day-to-day to contemplate
system, and privatizing the Ministry’s twelve state-owned
how the experience has affected him. “Things move so fast
enterprises and directorates.
out here that there is little time to stop and reflect.” He says
“There are numerous initiatives I would like to complete
that witnessing the interaction of the cultures and the unique
and several staff positions to fill in my office,” he said. “I think
aspects of the foreign policy mission has been one of his most
we’re on the right track, but it is essential that everyone involved
interesting experiences. “The symbolism of planting democratic
— the military, the Iraqis, the Department of State, USAID,
values and freedom in the ‘fertile crescent’ and birthplace of
and Washington — communicate and share information
civilization also gives the mission a special energy,” he said.
to maximize our resources and avoid duplication of effort.
“And after having spent so many years in a law office, I have
As is often the case, effective execution of various strategies
enjoyed engaging a wider spectrum of abilities and emotions
is dependent on attention to detail and follow through.” He
and with the people in my work. It has also been moving to
cited the distance from Washington, all the “moving parts”
see the silently heroic efforts of the military, the Iraqis, and my
in the reconstruction operation, and the obvious security
Coalition colleagues here at all levels.”
distractions as posing challenges to effective communication
and coordination.
Purrington said that there were many Iraqi contractors and
citizens able and willing to work to rebuild the country, and that
UVA Lawyer • Spring • 2005
[59]
Class Notes
Keith Hemmerling reports that his
off-Broadway play, Law School Suicide,
is being released by Customflix and is
available at tower.com. The Infinite Mind
has been honored by the United Nations.
His multi-film documentary, Manic
Impression, is being theatrically released
worldwide. Also, Hemmerling released
a 200-set of songs to be used by film
directors in upcoming films. Hemmerling
also announces the formation of
Picodreams Music Publishing, with a
catalog of over 1,000 songs.
M. Christian King, a founding
member of the Birmingham, AL, firm
of Lightfoot, Franklin & White, was
inducted as a fellow of the American
College of Trial Lawyers at its recent
annual meeting in St. Louis, MO.
William A. Knowlton of Ropes & Gray
LLP in Boston, MA, was selected for
inclusion in the 2005–2006 The Best
Lawyers in America.
William H. Lindsey was elected President
of the Salem/Roanoke County Bar
Association. Lindsey is a solo practitioner
in general practice in Salem, VA, and lives
in Roanoke with his wife Margaret and
son Alex. He also serves as a trustee on
the school board for Roanoke City Public
Schools. Lindsey reports that after being
called out of retirement again to pitch for
church league playoffs, he has once more
retired from softball.
Mark W. Merritt was
inducted as a fellow
in the American
College of Trial
Lawyers. Merritt is a
partner at Robinson,
Bradshaw & Hinson
PA in Charlotte, NC. His practice covers a
broad range of business-related litigation.
James S. Ryan III,
a partner in the
business transactions
and healthcare
sections of Jackson
Walker’s Dallas office,
was named a “Texas
Super Lawyer” by Texas Monthly in 2004.
[60]
UVA Lawyer • Spring • 2005
Elizabeth G. Taylor,
partner at Zuckerman
Spaeder LLP in
Washington, DC, was
elected to membership
in the American
Law Institute (ALI).
ALI members are selected on the basis
of professional achievement and a
demonstrated interest in the improvement
of the law. Taylor’s practice focuses on
civil, criminal, and appellate litigation.
1983
James M. Campbell, Sr., a partner in
the Boston office of Campbell Campbell
Edwards & Conroy, was inducted as a
fellow into the American College of Trial
Lawyers.
Amelia Fawcett was featured in the
October Financial Times as one of
Europe’s Top 25 Women in Business.
Fawcett is vice-chairwoman of Morgan
Stanley in Europe. She also serves
as chairwoman of the U.K. National
Employment Panel and works with a
range of charities in London’s East End.
William S. Fish, Jr., finished his first year
as managing partner at Tyler Cooper &
Alcorn in Hartford, CT. Fish continues
to teach commercial paper at University
of Connecticut Law School, also in
Hartford.
Kathy Harris will become Deputy
Director of the Commonwealth
Educational Policy Institute (CEPI)
in Richmond on April 4. She will be
leaving her long-time position as senior
attorney and counsel to the Virginia
House of Delegates Committee on
Education Services to accept this post
at CEPI, a joint venture between the
School of Education and the Center for
Public Policy at Virginia Commonwealth
University. The institute is committed
to the expansion of public dialogue
and participation in the important
issues facing K–12 public education and
provides research, analysis, training,
and service to education policy-makers,
school systems, citizens and the larger
school community. Kathy will speak at
CEPI’s third annual Virginia Education
Law Conference in Norfolk in late April
on “The Pledge of Allegiance: Recent
Constitutional Controversy.”
Dorothy Heyl
left the Securities
and Exchange
Commission’s
New York office to
become of counsel
at Milbank, Tweed,
Hadley and McCloy LLP in New York.
Heyl is in the Litigation Department,
specializing in SEC-related issues. Her
husband, Thomas DePietro (GSAS ’83),
just completed Conversations with Don
DeLillo, which was released from the
University of Mississippi Press. Their
daughter Regina is a sophomore at
Choate Rosemary Hall.
Jeffrey J. Horner, who specializes in
school and education law in the Houston
office of Bracewell & Patterson LLP, was
recognized as a “Texas Super Lawyer” in
the October Texas Monthly.
Christopher Kelly co-founded Cypress
Associates, an investment bank focusing
on mergers and acquisitions and
restructuring advisory and capital raising
for early stage companies. Cypress has
offices in New York and San Francisco.
He is also involved in producing
a Broadway show about the life of
Elizabeth Taylor. Kelly and his family
reside in Greenwich, CT.
Robert P. Latham
has been named
President of the
Dallas All Sports
Association, the oldest
and most respected
sports group in the Dallas-Fort Worth
area. Established in 1965, the Dallas All
Sports Association is a philanthropic
not-for-profit organization committed
to awarding recognition and scholarship
grants to deserving individuals. Latham
chairs the litigation section of Jackson
Walker’s Dallas office and chairs the
media practice group firm-wide.
Class Notes
Capitol Hill Reception
The Law School Alumni Association hosted a Capitol Hill reception sponsored by U.S. Senator John W. Warner ’53 on
October 13 in the Russell Senate Office Building in Washington, DC. More than 160 alumni attended and enjoyed the
Caucus Room, the site of many notable public hearings throughout the country’s history.
Top left: Keith ’84 and Jennifer Carpenter with baby Christopher; top right: Karalyn Clarkson, John Clarkson ’86, and
Conway A. Downing ’74; bottom, from left: Alexander “Allie” Powell ’04, Jeremy Sylestine ’04 and guest Audrey Schultz,
Nate McGovern ’04, and Amanda Nichols ’04.
UVA Lawyer • Spring • 2005
[61]
Class Notes
Geoff Lewis was named Senior Vice
President/General Counsel of RE/MAX
International, Inc. in Denver, CO.
RE/MAX International is engaged in real
estate broker franchising in 54 countries
around the world and is the global leader
in residential real estate sales. Lewis
was previously Vice President/General
Counsel of Hyster-Yale Materials
Handling, Inc. in Portland, OR.
Paula Campbell Millian joined Finn &
Associates, a leading legal search firm in
the Washington, DC area. Millian resides
in McLean, VA, with her husband John
and their three children.
Phillip Muhl was promoted from
Senior Vice President to Executive Vice
President in charge of Business and Legal
Affairs of the Walt Disney Studios in
Burbank, CA.
Jeffrey E. Oleynik,
partner at Brooks,
Pierce, McLendon,
Humphrey &
Leonard, LLP, in
Greensboro, NC, was
selected for inclusion
in the 2005–2006 The Best Lawyers in
America. He also earned recognition
as North Carolina’s “Legal Elite” in
the categories of bankruptcy law and
antitrust law.
In September, John Osborn, Senior
Vice President and General Counsel at
Cephalon, Inc., was appointed to a threeyear term on the Board of Governors of
the East-West Center by U.S. Secretary
of State Colin Powell. The Center,
based in Honolulu, and with offices in
Washington, DC, was established by
Congress in 1960 to strengthen relations
and understanding among the nations of
Asia, the Pacific, and the United States.
The breach of oral contract case tried by
Law School Foundation Board Member
Suzelle Smith and partner Don Howarth
for client Douglas Shooker against
Global Crossing Ltd. founder Gary
Winnick resulted in a settlement last July
moments after jurors announced that
they had reached a decision. According
[62]
UVA Lawyer • Spring • 2005
to an article in the July 9, 2004 New York
Times, the settlement, for an undisclosed
amount, averted a $116 million verdict
in the case which was tried in Los
Angeles County Superior Court. The
press reported that jurors concurred
with the plaintiff ’s argument that there
had been an oral agreement between
Shooker and Winnick that entitled
Shooker to a portion of the profits from
Global Crossing. Smith was quoted as
saying “We thought the evidence came
in very well for the plaintiff.” The highest
verdict received by the Howarth & Smith
partners before the Winnick case was
tried was for $107.3 million, in another
breach of oral agreement case against
General Dynamics. In the year that
verdict came in Howarth & Smith were
listed by the National Law Journal as
having one of the top 10 highest plaintiff
verdicts and also for having one of the
top ten defense verdicts. The partners
concentrate their efforts on high stakes
trials involving complex civil matters.
Professor J. Kelly Strader was selected
as Southwestern University School of
Law’s Irving D. and Florence Rosenberg
Professor of Law for 2004–2005.
Currently chair of the Law School
Admission Council’s Subcommittee on
Gay, Lesbian, Bisexual, and Transgender
issues, Professor Strader is an active
member of Lawyers for Human Rights
and has written and lectured about legal
issues relating to HIV/AIDS.
Barbara “Babs” Suddath Strickland
continues her work at the Suddath
Companies, a family-owned business.
In addition, she and her husband Bob
have purchased a 2,100-acre tract in the
foothills of the Blue Ridge Mountains in
western North Carolina and have begun
developing equestrian home sites there.
They plan to place 1,500 acres of the
property under a conservation easement.
For more information, see www.walnut
creekpreserve.com.
Jim Teater moved to Jones Day’s new
Houston office this summer to help the
growth of the practice there. He says to
“call when you are in town!”
Alan F. Wohlstetter of Cozen O’Connor
serves on the Philadelphia Host
Committee, a group of distinguished
Philadelphians leading a nationwide
series of forums marking the 50th
anniversary of Brown v. Board of
Education.
1984
Phillip V. Anderson of Frith Anderson
& Peake in Roanoke, VA, was chosen
as president-elect of the Virginia State
Bar (VSB). He will serve in the position
for a year before being installed as bar
president for 2005–2006. Anderson
currently serves on the VSB’s governing
council and its executive committee.
Barbara Bower changed firms in July.
She is now of counsel to Kirkpatrick
Lockhart Nicholson Graham LLP in
Pittsburgh, PA, and continues to practice
immigration law.
David Champoux,
an attorney at
Portland-based
Pierce Atwood
LLP, is listed in the
2005–2006 The Best
Lawyers in America.
Anne P. Ogilby of Ropes & Gray LLP in
Boston, MA, was selected for inclusion
in the 2005–2006 The Best Lawyers in
America.
Glen R. Stuart became the hiring partner
for the Philadelphia office of Morgan
Lewis. Stuart was listed by Chambers
USA as one of America’s leading lawyers
for business.
1985
E. J. Bennett has not practiced law since
1993 but writes she is “enjoying life
immensely.” Bennett reports that she
saw “our wonderful classmate, Rebecca
McLemore Lamberth, and her beautiful
family last year in Atlanta. Colette Wallace
McEachin, Rebecca, and I will try to
reconnoiter in Charlotte, NC, this Spring.
The three roomies together again!”
Class Notes
Luis Fortuno was elected to the U.S. House
of Representatives as Puerto Rico’s Resident
Commissioner. Fortuno’s previous political
experience includes the position of Puerto
Rico Secretary of Economic Development
& Commerce (1994–1997).
Arkema Inc.
(formerly Atofina
Chemicals, Inc.)
elected William
Hamel as Vice
President and
General Counsel
in January. In this role, Hamel is
responsible for directing the legal affairs
of the company, including litigation,
environmental law, patent, and risk
management. He resides in Rosemont, PA.
Howard Kelin’s wife, Ann Meyers, died
of an unexpected illness in Lancaster,
PA, in November. Ann had her own
public relations firm in Lancaster
and was known for her tireless
environmental advocacy. Howard and
Ann, who met when both were park
rangers, were married during Howard’s
second year at the Law School and
had four children: Daniel, Elizabeth,
Matthew, and James (ages 6–18).
The Pennsylvania Department of
Environmental Protection paid tribute
to Ann at a statewide air quality meeting
in December. (Read more about her
accomplishments at www.lancasteronline.
com/pages/news/local/4/10483.) Howard
would like his classmates to know that he
and the children are “doing well under
the circumstances.”
Moffatt G. “Mott”
McDonald was
elected to the
American Board
of Trial Advocates.
McDonald is a
shareholder practicing
in Haynsworth Sinkler Boyd’s Greenville,
SC office, with more than 15 years of trial
and appellate experience. He regularly
represents clients in environmental,
products, and contract cases.
Steve M. Pharr was elected chair of the
construction law section of the North
Carolina Bar Association. Pharr also was
named to Business North Carolina’s “Legal
Elite” for his work in construction law.
Rey Ramsey, CEO of the nonprofit One
Economy Corporation, was featured in
The Washington Post on August 9 for
joining Senate Majority Leader Bill Frist
and Senate Minority Leader Tom Daschle
for the launch of “Bring IT Home,” a
national campaign to bring broadband
and computing technology into the
homes of low-income people. Ramsey
also serves as the chairman of the board
for Habitat for Humanity. He works and
resides in Washington, DC.
1986
Elisabeth Harper remarried and is now
known as Elisabeth Tolmach Burch.
Ann Peldo Cargile is one of “The Best
101 Lawyers in Tennessee,” according
to the Business Tennessee January issue.
Cargile specializes in commercial real
estate at Boult, Cummings, Conners &
Berry, PLC, in Nashville.
Vernon F. Dunbar relocated from
Columbia to Greenville, SC, to manage
Turner Padget’s new office there. The
practice areas of the Greenville office
include business litigation, corporate
transactions, employment law,
commercial real estate, and tax. Dunbar
also has served on the board of the
Palmetto Richland Children’s Hospital.
Bill Eigner was elected to the board of
trustees of the Mundoval Trust, which
operates the Mundoval Fund, a global,
large-capital-oriented mutual fund.
Eigner also was appointed to the board
of directors for Concerto Networks, a
national franchise company providing
complete business technology solutions
for small- and medium-sized businesses.
Eigner is partner and member of
the business and technology team at
Procopio, Cory, Hargreaves & Savitch
LLP in San Diego, CA.
Edward P. Joseph, authored an article,
“Back to the Balkans,” published in the
January/February volume of Foreign
Affairs. Joseph, son of George J. Joseph ’48,
is currently on assignment in Iraq,
providing democracy assistance to the
interim government.
Elizabeth “Liz” Espin Stern is a partner
at Shaw Pittman LLC in Washington,
DC. She chairs the firm’s business
immigration group, which she founded.
Liz writes that she and her husband
Michael “have two beautiful sons, Alex
(10) and David (5).”
Jennifer Weiss was re-elected to the
North Carolina House of Representatives
in November 2004. She has served as a
House member since 1999.
Professor Kenneth Williams, a faculty
member at Gonzaga University School
of Law in Spokane, WA, will serve as
a visiting professor at Southwestern
University School of Law in Los Angeles
this academic year. Professor Williams is
a member of the Death Penalty Litigation
Committee of the State Bar of Texas and
is habeas counsel for a number of Texas
death row inmates.
1987
Eric Fleischmann is a partner at Leete,
Kosto & Wizner, LLP, based in Hartford,
CT. His practice involves employmentbased immigration law, including
temporary visas, permanent residence,
and citizenship.
Ashley Steele
Nutley, a partner
in Nexsen Pruet,
whose practice
concentrates
on economic
development, real
estate, and lending, has transferred to
the firm’s Charleston, SC office.
UVA Lawyer • Spring • 2005
[63]
Class Notes
Alumni Luncheon in Dallas
More than one-third of the Law School’s Dallas-area alumni gathered at the Belo Mansion for a luncheon with Dean
John Jeffries ’73 in December. Law School Alumni Council member and Jones Day Dallas Partner Bradford Keithley ’76
introduced the Dean to the 70 attendees.
Clockwise from above: Forrest Brumbaugh ’92
and Chris Akin ’95; Mike Petersilia ’83 and
Frank Stevenson ’80; Earsa Jackson ’98 and
Kay Lynn Brumbaugh ’98.
[64]
UVA Lawyer • Spring • 2005
Class Notes
Jesse J. Richardson
is Associate Professor
of Urban Planning at
Virginia Polytechnic
Institute’s College
of Architecture
& Urban Studies,
School of Public & International Affairs,
Urban Affairs & Planning Program.
Richardson received one of three
University W.E. Wine Achievement
Awards in 2004. According to students,
“Richardson consistently earns
extraordinary student perception ratings
and respect for his uncanny ability to
draw everyone in his classroom into
discussion.” Richardson is a member
of the American Agricultural Law
Association, the ABA, the VBA, the
WVBA, and the American Planning
Association. He teaches Land Use Law,
Law of Critical Environmental Areas, and
Principles of Real Estate. His research
focuses on land conservation, growth
management, and local government
autonomy.
Robert W. Saunders,
an attorney in the
Raleigh office of
Brooks, Pierce,
McLendon,
Humphrey &
Leonard, LLP, was
re-appointed by the North Carolina
Senate to serve on the Rules Review
Commission of the North Carolina
General Assembly. Saunders has served
on the Commission since 2001.
V. Randy Tinsley,
partner at Brooks,
Pierce, McLendon,
Humphrey & Leonard,
LLP, in Greensboro,
NC, was selected
for inclusion in the
2005–2006 The Best Lawyers in America.
1988
1989
Thomas Burack, a
director at Sheehan
Phinney Bass
& Green, PA, in
Manchester, NH, was
re-appointed to a
four-year term on the
New Hampshire Land and Community
Heritage Investment Program Board
of Directors. Formerly the co-chair of
the Program, Burack was nominated by
New Hampshire Governor Benson and
confirmed by the Executive Council.
The Land and Community Heritage
Investment Program works to conserve
and preserve the state’s natural, cultural,
and historical resources and plan for
their long-term stewardship.
Pat Capuano is studying for a master’s
degree in education with hopes of
becoming an elementary school
principal. He writes that he “is looking
for a UVA-graduate patent attorney
to help him shepherd some patents in
exchange for options.”
John Catron was appointed the Chief
Counsel for Boeing Capital Corporation
(BCC) in July. BCC provides financing
assistance for Boeing customers and
owns or has interests in approximately
500 commercial aircraft. Catron has
four daughters: Kara (18), Callie (16),
Jamie (14), and Chrissy (12). His eldest
daughter Kara entered Brigham-Young
University in the fall.
Bob Freeman was named U.S.
Compliance Officer & Compliance
Counsel for Serono, a Swiss biotechnology
company headquartered in Geneva.
Philip Urofsky recently joined the
Business Fraud practice at the DC
offices of Cadwalader, Wickersham &
Taft LLP as Special Counsel. Philip is
joining Cadwalader after almost 13
years at the U.S. Department of Justice,
the last seven of which he spent in
the Criminal Division’s Fraud Section
handling Foreign Corrupt Practices Act
and other corporate fraud investigations,
prosecutions, and policy matters.
At Cadwalader, he will continue to
practice in this area, advising clients on
matters involving the FCPA and other
white collar corporate crime issues,
conducting internal investigations, and
consulting on corporate compliance and
ethics programs. Philip lives in Bethesda,
MD, with his wife, two daughters, and
one dog.
Christopher Schuyler married Susan
Baker on August 21 in Yorkshire,
England. The couple resides in Old
Greenwich, CT.
1990
Sharon Aizer and family moved to her
hometown of Pensacola, FL, in 2003. She
started a practice, and a dog sports club
called Pensacola Active DogS (PADS). Aizer
writes “Ron and I survived Hurricane Ivan
with minimal damage, but I can’t say the
same for mom’s home on the beach.”
Ed Burley returned from 14 months of
duty with the Army Special Operations
Command in Iraq and is currently
working with classmate Gregg Nivala on
Iraq Regime Crimes at the Department
of Justice. Burley is engaged to Clare
Waple of U.K. Customs, and the wedding
is scheduled for October in England.
Noel H. Gordon reports that “life is
good.” He has a three-year-old son
named Duarte. Two years ago, Gordon
started his own human resources
& procurement consulting firm in
Princeton, NJ.
The managing partner at Moss, Mason
& Hill in Greensboro, NC, Matt Mason
achieved his third consecutive top
ten finish at the 2004 “Assault on Mt.
Mitchell,” a 100-mile bike ride. The race
is ranked as one of the five toughest
century rides by Bicycling magazine.
Gerard St. Ours and his wife Barbara
welcomed a new son, Henry David,
on August 23. St. Ours reports that big
sisters Molly (6) and Rachel (4) are
thrilled to have a baby brother. St. Ours
is associate general counsel at Johns
Hopkins University.
UVA Lawyer • Spring • 2005
[65]
Class Notes
Jane Paulson was elected President of
the Oregon Trial Lawyers Association for
2004–2005. On the family front, Paulson
gave birth to son, Grady, February 5.
William E. Thro was appointed State
Solicitor General of Virginia in the Office
of the Attorney General. Thro resides in
Yorktown, VA.
1991
Charles F. Beall, Jr., is a shareholder
with Moore, Hill & Westmoreland, PA
in Pensacola, FL. He handles a wide
variety of civil litigation and is board
certified in appellate practice by the
Florida Bar. He is currently serving as
president of the Escambia-Santa Rosa
Bar Association and was named one of
50 up-and-coming community leaders
by the Pensacola Business Journal. He and
his wife Paige have two daughters, Lauren
(6) and Grace (3).
Lisa Goodwin Michael gave birth to
her second child, Peter Elias, in October
2003. She reports that “his 9-year-old
sister Sabrina has thoroughly enjoyed
having a sibling.”
1992
D. Forrest Brumbaugh of Fulbright &
Jaworski LLP was named a “Texas Super
Lawyer” by Texas Monthly. Brumbaugh’s
practice area is mergers and acquisition,
and he is a partner in the Dallas office.
David L. Kwass, a
litigator and victim’s
advocate, was
elected partner at
the law firm of Saltz,
Mongeluzzi, Barrett,
and Bendesky, PC, in
Philadelphia, PA.
Tony Paikeday launched Silicon Counsel
LLP in February of 2004, “an effort
aimed at reinventing the traditional law
firm business model by revolutionizing
the market for corporate legal services,”
according to Paikeday. The firm’s mission
is to provide companies with the highest
quality legal representation
[66]
UVA Lawyer • Spring • 2005
and service at affordable prices. Paikeday
was inspired to start this innovative new
firm while serving as general counsel of
zBox Company, a VC-funded technology
company that he co-founded in 2001.
He thanks his wife, Tina Shah (McIntire
’94), for her unwavering support as he
pursued this, a dream he has had since
his days at the Law School.
Jonathan E. Perkel wed Lilibeth Amit
Estilow in November. Details, photos,
and contact information can be found
at http://member.aol.com/jperkel/
announcement.html.
Christa Speight Rapoport, husband
Michael, and big brother Joshua (5)
welcomed Ethan Clarence Rapoport on
April 20. Rapoport left Tokio Marine
and can now be found at Selective
Insurance Group, Inc., where she serves
as corporate counsel.
Cynthia Shepherd Torg and husband
Jay announce the birth of their first
child, William Jay, born April 6. In late
2004, Torg was awarded the Department
of Justice’s Attorney General’s Award
for Exceptional Service, the highest
award presented by the DOJ’s Criminal
Division. Torg received the award
in recognition for her work fighting
organized crime and law enforcement
corruption, which culminated in the high
profile trial and conviction of a former
Boston FBI agent.
1993
Bill Bailey has joined XM Satellite
Radio as Senior Vice President. He
previously served as senior counsel to
the Senate Commerce Committee, where
he was the senior Senate staffer for all
communications issues. Bailey works in
Washington, DC.
The Chicago Bar Foundation and the
Chicago Bar Association recognized
Catherine M. Burkhardt with the
Maurice Weigle Exceptional Young
Lawyer Award, for her professional
achievements and vast contributions to
pro bono work at Piper Rudnick LLP.
The award is given annually to honor
one young Chicago-area attorney.
Burkhardt works largely through the
Chicago Volunteer Legal Services (CVLS)
Foundation, chairing the Asian American
Legal Service Clinic and serving on
the CVLS Board of Directors. At Piper
Rudnick, she is active in the pro bono
program in many capacities, including
summer associate pro bono coordinator
and member of the signature project
committee.
W. Andrew H. Gantt III was named
partner in the Washington, DC, office of
Latham & Watkins LLP. Gantt practices
corporate and regulatory law, with a
focus on health care and life sciences.
Charlotte (Black) Grzebien and husband
John welcomed baby Jack (John) Carlson
on June 20. Grzebien and her family lives
in Alexandria, VA.
Steven D. Hitchcock was named to
membership at Bell, Boyd & Lloyd’s
Washington, DC, office. Hitchcock is a
member of the firm’s communications
group and concentrates his practice
in telecommunications matters and
complex litigation.
1994
Jim Black has moved to the Frankfurt
office of London-based Linklaters and is
focusing on capital markets and crossborder mergers & acquisitions.
Heidi Brown authored a litigation
manual for first-year lawyers,
Fundamentals of Federal Litigation. The
manual is a realistic, practical “how-to”
guide that teaches young attorneys how
to actually practice law in federal courts
throughout the United States utilizing
flowcharts, templates, and sample forms
(see In Print).
Class Notes
John deGrandpre and his wife Jocelyn ’96
welcomed their third son, Aidan, into the
world.
Of Counsel at Steel Hector & Davis LLP,
Richard L. Winston authored A Foreigner’s
Legal Guide to Doing Business in the United
States in collaboration with Lexis-Nexis
Butterworths Tolley (U.K.), International
Tax and Investment Service. The guide is
intended to assist foreign corporations and
foreign nationals with respect to their U.S.
business decisions (see In Print).
Andrew Edison
of Bracewell &
Patterson LLP was
named as a “Texas
Rising Star” for 2004
by Texas Monthly.
Edison works in
business litigation in the Houston office.
1995
Meredith Shackelford Jeffries and her
husband John announce the birth of
their son, Jake Alexander, born on June
2. She and her family reside in Charlotte,
NC, where Jake joins big sisters Sarah (9)
and Emily (6). Jeffries practices labor and
employment law with Alston & Bird LLP.
Susan E. Edlein made partner at Holland
& Knight LLP in Atlanta, GA. Edlein
is a member of the litigation section
and practices in the areas of general
commercial litigation, products liability,
and tort litigation, although she devotes
a substantial part of her practice to real
estate litigation.
M. Catherine
Ozdogan of
Bracewell &
Patterson LLP was
named as a “Texas
Rising Star” for 2004
by Texas Monthly.
Ozdogan practices in banking and
financial services in the Houston office.
Mary Porter founded Curiosity Zone
LLC, which is introducing a line of
science and technology enrichment
centers for children. The company
launched the first Curiosity Zone in
Ashburn, VA, in January, and plans
to begin franchising this spring. Visit
www.CuriosityZone.com for more
information.
Ethan Gregory Shenkman joined the
litigation practice of Wilmer Cutler
Pickering Hale and Dorr LLP in
Washington, DC. Shenkman joins the
firm after nine years’ experience with the
U.S. Department of Justice, where he was
one of the Department’s leading experts
on issues relating to international trade
and investment.
William L. Horton, Jr., became a partner
at Shaw Pittman LLP in Washington, DC,
in November.
Eric Helms Monday wed Monica Taylor
“a far better lawyer than I,” he reports, in
2002. In January 2004 the couple welcomed
a son, Helms Taylor (“sounds like a firm
merger,” says Eric), who came into the
world “sporting considerably more hair
than his father.” The family resides in
Martinsville, VA, and is conducting a
“glacially slow” renovation of an 1841 farm
they use on weekends. Monday is City
Attorney for Martinsville and also serves as
County Attorney for Patrick County, where
he maintains a “country lawyer’s” practice,
taking his beagle Annabelle to the office to
serve as client screener.”
After more than seven years as in-house
counsel at Nextel Communications,
Bob Ritter now works as an associate
in the corporate practice group of
Shulman, Rogers, Gandal, Pordy & Ecker,
PA, in Rockville, MD. While focusing on
telecommunications law, Ritter is also
beginning a nascent sports management
practice working around NASCAR. For
the last two years, he has served as Vice
President and Executive Director of Wireless
E-911: The PSAP Readiness Fund, a private
charitable organization initiated by Nextel.
Ritter and his wife Kris live in Harpers
Ferry, WV, with their daughters Helen
(3), Emily (1), and another due in March.
Jennifer Short was one of five women
at Holland & Knight LLP to participate
in the firm’s Rising Star Program, a yearlong leadership intensive and economic
development program for women
attorneys. Participants must be in their
seventh year of practice or beyond, and
are selected based on their professional
experience, community involvement, and
desire to lead. Short practices litigation in
Northern Virginia.
Joel and Gayle Trotter welcomed their
fourth child and second son, John
Segraves Trotter, on January 17, 2004.
The couple reports that they are looking
forward to their tenth year reunion.
Erik J. Velapoldi was promoted to
counsel at Shaw Pittman’s Northern
Virginia office in November.
1996
Christopher Bernard was elected to the
partnership of Allen & Overy LLP in
London, England in May 2004. Bernard
is a partner in the U.S. law group and
specializes in international capital market
transactions. He lives in Surrey, England,
with his wife and three children.
Jocelyn and John ’94 deGrandpre
welcomed their third son, Aidan, into the
world.
In August, James DuBois joined the U.S.
Attorney’s Office of the Middle District
of Alabama as an Assistant U.S. Attorney
in the Civil Division. DuBois had been
working in the labor and employment
section of Jones Day in Atlanta.
Garrett Gillespie is an associate in the
litigation department of Donoghue
Barrett & Singal, PC, in Boston, where
he focuses on complex civil litigation,
employment law, health care law, and
white collar criminal defense. He writes
that he now has a two-year old son,
Jackson, and “I hope that all my friends
in Section D are well.”
UVA Lawyer • Spring • 2005
[67]
Class Notes
Meredith (Myers) Moss of Los Angelesbased Alschuler Grossman Stein & Kahan
LLP was recognized as a “Southern
California Super Lawyers’ Rising Star” by
Los Angeles Magazine in September.
Tally Parham, of Wyche, Burgess,
Freeman & Parham, PA in Columbia, SC,
was named Young Lawyer of the Year by
the Young Lawyers Division of the South
Carolina Bar. The award is given annually
to recognize a young lawyer who most
exemplifies excellence in practicing law
and public service.
Erik A. Petersen was promoted to
counsel at Shaw Pittman LLP in
Washington, DC, in November.
Paul J. Stancil was
elected as a new
shareholder of the
law firm Godfrey &
Kahn, S.C. Stancil
is a member of the
firm’s antitrust &
trade regulation practice group in the
Milwaukee office.
Mark H. Vacha and his wife Kristina
announce the birth of their second son,
Benjamin Anthony Schoof, born May 17.
He joins older son, Luke (3).
Lee Van Blerkom made partner at Shaw
Pittman LLP in Washington, DC, in
November.
Anthony F. Vittoria became a principal
at Ober|Kaler. He has an international
construction practice that includes the
representation of owners, engineers,
contractors and OEMs in litigation,
International Chamber of Commerce,
and American Arbitration Association
proceedings in matters involving claims
of delay, abandonment, wrongful
termination, substandard workmanship,
and defective design. Vittoria resides in
the Locust Point-area of Baltimore, MD.
Yuchong Yi made partner at Shaw
Pittman LLP in Washington, DC, in
November.
[68]
UVA Lawyer • Spring • 2005
William A. Yoder was named partner
in the Kansas City, MO, office of Shook,
Hardy & Bacon, LLP. Yoder focuses his
practice on complex commercial and
products liability litigation.
1997
Elisa D. (Stinchcum) Carlson formed
Commander & Carlson in Norfolk,
VA. The firm’s practice emphasizes
family law, adoptions, and workers’
compensation. Carlson is also the coauthor of Adoption Procedures and Forms:
A Guide for Virginia Lawyers, published
by Virginia CLE Publications (see In
Print).
Scott Garvey is helping the legislature of
Pohnpei in the Federation of Micronesia
to write new laws and administer the
Compact. Garvey says “Classmates [are]
welcome — room in my home over the
lagoon. Fishing, diving, pig roasts (and
lots of work!).”
Thomas P. Giblin, Jr., was elected partner
at Thelen Reid & Priest in January.
Giblin specializes in corporate, finance,
and securities matters. Giblin served as
executive editor of the Journal of Law &
Politics while at the Law School.
Mark Horn was elected to membership
of Moore & Van Allen in Charlotte, NC.
Horn assists high net worth individuals
and owners of closely held businesses in
estate, tax, and charitable planning. He
also earned his specialist certification in
estate planning and probate law from
the North Carolina State Bar, one of only
18 state accreditation programs in the
United States.
Bob and Ellie Kennedy welcomed their
second child and first daughter, Meghan
Elizabeth, on July 13. The couple resides
in Kensington, MD, with Meghan and
son Michael. Bob is an associate with
Hughes Hubbard & Reed, and Ellie is
working part-time at Hogan & Hartson,
both in Washington, DC.
Melissa Roberts Levin and husband
Mark A. Levin announce the birth of
their son, Austin Roberts, born June 9.
The family resides in Richmond, where
Melissa is an associate with Troutman
Sanders LLP. Her practice is focused on
products liability defense litigation.
R. Latane Montague IV announces
the birth of his son, Robert Latane
Montague V, born June 1.
Anissa (Crumley) and David Paddock
announce the birth of their daughter,
Harper Elizabeth. Harper was born on
November 22 in Houston, TX.
The fall 2004 UVA Lawyer incorrectly
stated Lori D. Thompson’s position at
Gentry Locke Rakes & Moore. She is a
partner at the firm.
Paul Tyrell was
named one of San
Diego’s “40 Under
40,” an award which
honors the city’s
young business
and community
leaders. The award recognized Tyrell’s
accomplishment in developing and
chairing San Diego’s Father of the
Year Awards, an event which was
one of the year’s top fundraisers for
the local chapter of the American
Diabetes Association. Tyrell was also
acknowledged for his representation
of the City of San Diego in its lawsuit
against the San Diego Chargers football
team. He practices on the business
litigation team of Procopio, Cory,
Hargreaves & Savitch, LLP, in San Diego
where he has been since 1999.
1998
Amy Davis Benavides wed Vanessa
Benavides on June 14, 2003. The couple
held a large ceremony and reception in
their home-city Dallas and were officially
married a few days later in Toronto,
Canada. Davis Benavides continues
to practice commercial litigation with
Hermes Sargent Bates, LLP, in Dallas.
In 2004 she was named co-chair of the
Trade Secrets and Unfair Competition
Subcommittee of the ABA Litigation
Section’s Business & Commercial
Litigation Subcommittee. Davis
Class Notes
Benavides also was named a delegate
to the ABA’s Young Lawyers Division,
selected to participate in the 2004 Dallas
Young Lawyers Association Leadership
Program, and named co-chair of the
Lambda Legal Defense Fund Leadership
Committee. Her spouse Vanessa is
corporate counsel for Caremark PCS, a
large pharmaceutical benefits company.
In addition to their jobs as lawyers, the
couple is working hard to lobby state and
national legislators to oppose the Federal
Marriage Amendment.
Donald L. Bowman left Mead-Westvaco
Corporation in June to become the
Intellectual Property Director of
Wavecrest Laboratories, LLC, in Dulles,
VA. Wavecrest develops electric motors,
energy management systems, and
computer control systems.
Marylou Brown wed fellow attorney
Brent Houston on August 20 in Denver,
CO. She reports that “Bill Baroni,
unofficial ‘Mayor’ of the Law School
from 1995 to 1998 and currently
a member of the New Jersey State
Assembly, performed the ceremony at
The Wellshire Inn in the presence of Law
’98 classmates Cliona Jennings Levy,
Valerie Wagner Long, Ned Scharfenberg,
and Craig (Tigger) May. Present in
spirit but not in body were Ann Ayers,
Coates Lear, Jennifer Curley and Stephen
Propst.” Marylou left her estate planning
and charitable giving practice in July
to become director of major gifts at
The Children’s Hospital Foundation in
Denver, which is in the midst of a $250
million capital campaign.
Allison G. Cohen has jointly launched
a solo legal practice and art consultancy
in Washington, DC. At her law firm,
she advises a range of legal clients, from
website developers and publishing
houses to visual artists and writers,
on intellectual property, business and
art matters. By way of Sightline, her
art consulting service, Cohen guides
individuals and companies through
galleries and artists’ studios to find
artwork that is right for them.
Tara Mehrbach Newmyer and husband
Terry welcomed daughter Lucy to their
family on October 15. Newmyer reports
that she is no longer practicing with
Dickstein Shapiro due to the birth of Lucy.
Katherine Ramsey joined the Tax/
ERISA practice group at Hunton &
Williams LLP in Richmond, in January.
She continues to specialize in estate
planning for high net-worth individuals
and representation of tax-exempt
organizations.
1999
Kristen Cain married David Baldwin on
October 18 in San Francisco.
Bart Epstein left Latham & Watkins
LLP in Washington, DC, to become
General Counsel and Vice President of
Corporate Development for New Yorkbased www.Tutor.com, which provides
live online one-on-one tutoring to more
than 30,000 school-age kids each month.
Additionally, the website provides
“virtual reference” services to patrons of
several thousand libraries throughout
the United States and Australia. During
his job transition, Epstein returned
to flight school to become a certified
commercial pilot.
Bruce Itchkawitz, Ph.D., was elected
partner at Knobbe, Martens, Olson
& Bear LLP. Itchkawitz works out of
the Orange County, CA, office and
specializes in intellectual property law.
Itchkawitz represents clients in patent
prosecution and licensing matters.
Payson LeMeilleur was elected partner
at Knobbe, Martens, Olson & Bear LLP.
LeMeilleur works out of the Orange
County, CA, office and specializes in
intellectual property law. Meilleur’s
practice focuses on patent litigation.
Kevin Yingling and his wife Ashley
welcomed their twins, Helen Elizabeth
and Owen Tucker, on September 2.
2000
Carlos Cruz-Abrams and his wife Hilary
welcomed a new son, Mason Samuel, on
December 6. They write that “Mason has
already made his way into his big sister,
Robin’s, heart. We are enjoying being back
in New York after a year away to assess
our career plans.” Cruz-Abrams is now
working for the City and finding it to be
“even more fascinating than I could have
imagined. Where else do you get to deal
with crooked politicians released early
from jail, a flawed day care legislative
scheme, and an errant hang glider over
Central Park — all in the same day?”
D. Ryan Farney joined the Division
of Enforcement of the Securities and
Exchange Commission in Washington,
DC, as a staff attorney.
Elizabeth Semancik became engaged this
year to Brian White, a fellow associate at
King & Spalding LLP. The couple plans
to marry on June 11 and will reside in
Atlanta, GA.
Kevin J. Smith wrote an article about
state anti-takeover laws, with particular
relevance for public companies in
Virginia, published in the July issue of
Mergers & Acquisitions, The Dealmaker’s
Journal. Smith is a corporate associate at
the Northern Virginia office of Wilmer
Cutler Pickering Hale and Dorr LLP.
Jason Zuckerman joined Clifford &
Garde’s Washington, DC, office as
an associate after practicing at Shaw
Pittman. Zuckerman advises employees
and employers on a wide variety of
employment law issues, with a particular
emphasis on whistleblower retaliation
claims. Zuckerman has written several
articles on whistleblower protections
and co-authored a chapter on “Litigating
Whistleblower Cases,” which appears in
Whistleblowing: The Law of Retaliatory
Discharge (BNA Books 2004). In
addition, Zuckerman has delivered
presentations to numerous organizations
on the whistleblower provisions of
Sarbanes-Oxley. He serves as chair of the
High Technology Employment Division
of the DC Bar’s Labor and Employment
Section and volunteers with the
Employment Justice Center.
UVA Lawyer • Spring • 2005
[69]
Class
ClassNotes
Notes
2001
Shahm and Laura Wesley Al-Wir wed on
April 12, 2003. On October 10, 2004, the
couple’s daughter, Alia Shahm Al-Wir,
was born. Shahm reports that “mom and
baby are doing fine.”
Howard W. Chang was named the Phi
Delta Kappa Outstanding First Year
Teacher in Loudoun County, VA. Chang
teaches Latin at Park View High School
in Sterling. Chang also received a Miller
Fellowship from the National Junior
Classical League, which enabled him to
attend the National Latin Convention.
L. Dwight Floyd
joined Parker, Poe,
Adams & Bernstein
LLP as an associate
in the Columbia, SC,
office. As a member
of the commercial
contracts group, Floyd will concentrate
his practice in the area of commercial
litigation. Prior to joining the firm,
Floyd practiced with McKenna Long &
Aldridge LLP in Atlanta.
Melanie Santos Grant married Thomas
William Grant (Darden ’01) on October
5, 2002, in Philadelphia. The couple
was “blessed with the arrival of their
daughter, Jacqueline Lucia, on April 13,
2004 — Thomas Jefferson’s birthday.”
Scott E. Hultstrand left private practice
and is now an Assistant Attorney
General in the Securities Division of the
South Carolina Office of the Attorney
General. He and wife Mary Beth happily
announce the birth of their son, John
“Jack” Gibbes, born October 20, 2003.
W. Stephen Venable, Jr., left Gibson,
Dunn & Crutcher LLP in Los Angeles to
join the legal department at Dimensional
Fund Advisors, Inc. in Santa Monica,
CA. Venable writes that he would like to
thank his many friends and classmates
for their support following the tragic
deaths of his father and brother. In June,
Venable carried the Olympic torch in
their memory in Los Angeles as part of
the Athens Olympic global torch relay.
Wendolyn Wrosch
Richards joined the
Detroit, MI, office
of Miller, Canfield,
Paddock and Stone,
PLC, as an associate
in the litigation
and dispute resolution group. Prior to
joining Miller Canfield, Richards was
an associate with Simpson Thacher &
Barlett, LLP, in Pal Alto, CA.
2002
Melinda Cupps left Jenner & Block LLP
in Chicago in the fall. Cupps moved to
Cincinnati for a two-year clerkship with
the Honorable Susan J. Diott of the U.S.
District Court for the Southern District
of Ohio.
Jason Wu Trujillo was named
the Director of Admissions and
Director of Judicial Clerkships at
the Law School. He was previously
the Director of Public Service.
Trujillo and his wife Lauren live in
Stuarts Draft, VA.
[70]
UVA Lawyer • Spring • 2005
Marta Joy Borinsky worked in
admissions and is now the Director of
Career Services at the new Charleston
School of Law in Charleston, SC. She
reports that “my wonderful experience
at UVA Law encouraged me to take part
in the founding of this exceptional law
school. We are in the first semester of
classes, and I am awed by the quality of
our students. I would love to connect
with any ’Hoos in the Charleston area.”
Mark Crooks continues to prosecute
petty criminals in front of petit juries in
Manhattan. He reports that “it’s tons of
fun. Having become too familiar with the
criminals of the big city, however, I fled
to Brooklyn in July, where I now make
weekend runs to ‘Bed, Bath & Beyond’
with my wife.”
Colleen D. Hitch
joined Bass, Berry &
Sims in Memphis,
TN, as an associate
in the litigation
practice area. Prior
to joining the firm,
Hitch served as a judicial clerk for the
Honorable Irene M. Keeley of the U.S.
District Court for the Northern District
of West Virginia and for the Honorable
Samuel H. Mays, Jr. of the U.S. District
Court for the Western District of
Tennessee.
George “Trey” Jackson III and his
wife Audra announce the birth of
their first child, Lucas Meyers Jackson,
born October 7. The family resides in
Charlottesville, where Trey works as
an Assistant General Counsel of the
University of Virginia Health Services
Foundation, and Audra is a member of
the UVA Medical School Class of 2006.
James Klingsporn left the legal field to
work at Morgan Stanley in New York.
He is an associate in Equity Research
covering commodity chemicals and
reports that “I am enjoying my move into
finance tremendously.” Klingsporn wed
Kim Nguyen on September 3, and the
couple resides in Manhattan.
Class
ClassNotes
Notes
2003
Michael A.
Gorokhovich joined
Greenbaum, Rowe,
Smith, Ravin, Davis
& Himmell LLP
in Roseland, NJ, as
an associate in the
litigation department. He concentrates
his practice in commercial litigation and
product liability. Gorokhovich previously
served as a law clerk to the Honorable
Stuart Peim, Superior Court of New
Jersey, Law Division-Criminal.
Thomas N. Jamerson announces his
engagement to Karen Riley of Hanover,
PA. The wedding is scheduled to take
place in Hanover in July.
Elizabeth Chorvat won first place in the
American Judges Association 2004 Essay
Competition for her paper titled, “Judge
Leval and the Post-Texaco Revolution:
The Judicial Enforcement of Business
Norms.” The Honorable J. Harvie
Wilkinson III ’72 of the U.S. Court of
Appeals, 4th Circuit in Charlottesville
presented the award to Chorvat,
alongside Professor Bob Scott.
Dan Christmas and his wife welcomed a
second daughter, Erin Grace, on August
3. He reports that “she and her big sister
Abigail Virginia are doing wonderfully!”
Stephanie Dourado joined the
Washington, DC, office of Baker Botts
LLP as an associate.
From left: Lauren Bates ’06, Katie Bagley ’05,
Professor Laurence Franklin, David Reid ’06, and
Vanessa Kwong ’06.
Franklin Scholars
Honored
Visiting Law and Darden Professor
Laurence Franklin met with four
students in November who have
been touched by the generosity of the
Franklin family. Professor Franklin’s
Crystal G. LovettTibbs joined Husch
& Eppenberger,
LLC in St. Louis,
MO, as an associate
attorney in the
firm’s environmental
& regulatory practice group. Prior to
joining Husch, she served as a Judicial
Clerk with the Honorable Henry Coke
Moran, Jr. LL.M. ’98, of the U.S. District
Court for the Eastern District of Virginia.
John W. Roeser
joined Greenbaum,
Rowe, Smith, Ravin,
Davis & Himmell
LLP in Woodbridge,
NJ, as an associate
in the litigation
department. Roeser previously served as
a law clerk for the Honorable Philip S.
Carchman, Superior Court of New Jersey,
Appellate Division.
2004
Courtney Caprio joined the Miami
office of Hunton & Williams LLP. Caprio
focuses on bankruptcy and creditors’
rights. She lives in Miami Beach.
Thomas Andrews Harvey wed
Leslie Neeland Harvey ’05 in May in
Montgomery, AL. Harvey reports that
many UVA Law students and graduates
were in attendance.
father, Dr. Carl M. Franklin ’48,
established the Carl M. Franklin Prize to
recognize the student with the highest
grade point average at the end of his
or her first year at the Law School.
Chris Jones joined McGuireWoods LLP
in Richmond, where she focuses on mass
torts and complex civil litigation.
Leland Miller co-authored an op-ed
piece published in The Washington
Post on December 9, titled “Darfur:
Where is Europe?” The article deals with
the failure of the European Union to
intervene in Darfur, western Sudan, to
stop the ongoing genocide perpetrated
by the Sudanese government and the
Janjaweed militias. An extended version
of the article was published in the
December 2004 issue of The Journal of
European Affairs. Miller was interviewed
on BBC Newshour alongside NATO
Secretary General Jaap de Hoop Scheffer
to discuss the issue. He is currently
a first-year associate at Sidley Austin
Brown & Wood LLP in New York.
Dana P. Palmer joined the staff of
Santa Monica BayKeeper in Marina Del
Rey, CA, in September. Palmer is the
organization’s inaugural staff attorney.
Breier W. Scheetz is planning to enter the
Navy Judge Advocate General Corps and
“will update as events warrant.”
Katie Bagley ’05 and David Reid ’06
are recipients of the Franklin Prize.
In addition to the Franklin Prize, Dr.
Franklin established the Carl M. and
Carolyn C. Franklin Scholarship on
Valentine’s Day 1998, in honor of his
late wife, Carolyn. Lauren Bates and
Vanessa Kwong, members of the Class
of 2006, are recipients of the Franklin
Scholarship. Dr. Franklin passed away in
September at the age of 93.
Sean Suder married Elisa Hoffman on
November 27 in the bride’s hometown
of Northampton, MA. Classmate
Bert Steindorff was a groomsman in
the wedding, and Scott Pippin, Russell
Bruch, and Pete Simons served as ushers.
The couple resides in Cincinnati, where
Sean practices real estate, zoning, and land
use law at Keating Muething & Klekamp.
Tigerron A. “Tiger” Wells joined
Nelson Mullins Riley & Scarborough
LLP in Columbia, SC. Wells practices
pharmaceutical and medical device defense.
UVA Lawyer • Spring • 2005
[71]
Class Notes
LL.M.
1984
Thomson Learning published two
college textbooks co-authored by John
M. Scheb and his son, Professor John M.
Scheb II of the University of Tennessee
at Knoxville: Criminal Law & Procedure,
5th Edition; Law & the Administrative
Process (see In Print). Scheb is retired.
1986
Though Pasco “Dodge” Bowman
acquired senior status in 2003, he reports
that he is still carrying a substantial
caseload. In May 2004, he enjoyed sitting
with the 4th Circuit Court in Richmond
for several days.
1988
Michael Patrick King retired at age 70
from his position as a Superior Court
Judge in the appellate division of
the Superior Court of New Jersey
in Westmont. King will remain in
Westmont for a time on the Settlement
Conference Program and fill in for an
indeterminate period. He reports, “In
celebration Haddonfield beat Heights by
three points in triple-overtime!” More
than 450 people, including six sitting
Supreme Court justices and two former
justices, attended a retirement dinner in
King’s honor on October 2.
King was appointed by former
Governor William Cahill as a Camden
County district judge in 1972 and moved
to the Superior Court in 1975. Two years
later, he took on duties with the state’s
Appellate Division and has presided at
one of the appeals divisions since 1984.
[72]
UVA Lawyer • Spring • 2005
John Joyner writes, “Sadly, my beloved
wife Mary Margaret Weddington passed
away on September 26. She had retired
from her private practice and from
teaching at the University of Memphis.”
1992
Justice Don Burgess retired from the U.
S. Court of Appeals for the Ninth Circuit
in January and is now a Senior District
and Appellate Judge. Justice Burgess is
also starting a mediation/arbitration
practice in Beaumont, Orange, and
Bridge City, Texas.
Judge Diarmuid F. O’Scannlain was
appointed by President George W.
Bush to the Board of Trustees of the
James Madison Memorial Fellowship
Foundation for a six-year term ending
November 14, 2009. O’Scannlain holds
one of two positions reserved for federal
judges recommended by the Chief Justice
of the United States for appointment by
the President.
The Honorable Robert W. Page, a family
court judge for the New Jersey Superior
Court in Camden County, was named
the third recipient of the Honorable
Joseph M. Nardi, Jr. Distinguished
Service Award from the Rutgers-Camden
Law Alumni Association. A 16-member
committee selected Page as the award’s
recipient on the basis of his exemplary
commitment to serving the citizens of
New Jersey and the Rutgers-Camden law
school community. In 1971, Page began
his service in the family court as a judge
for the Juvenile and Domestic Relations
Court. Since 1981, he has served as a New
Jersey Superior Court/Family Part judge
seated in Camden.
Gitanjali (Varma) Seth lives in Delhi,
India where she works with her husband
Shantum Seth, an ordained teacher in
the Zen tradition of the Vietnamese
Master, Thich Nhat Hanh, conducting
pilgrimages to Buddhist sites in
northeastern India and southern Nepal.
Information about the pilgrimage, “In
the Footsteps of the Buddha,” can be
found at www.buddhapath.com.
1994
John Phelps retired from the Army Judge
Advocate General Corps as a Colonel in
December 2003 and was appointed as
Deputy Director of the Arizona Office of
Homeland Security, in the Office of the
Governor, Janet A. Napolitano ’83.
1995
Alberto Rebaza, formerly a partner
at Rodrigo, Elías & Medrano in Lima,
Peru, has established the firm, Rebaza &
Alcazar, in San Isidro, Peru. Class Notes
Martin Spector ’28
Miami, FL
September 24, 2003
James C. Quarles ’45
Gainesville, FL
February 14, 2004
Leonard M. Quittner ’51
Phoenix, AZ
January 15, 2005
Edward R. Massie, Jr. ’32
Daytona Beach, FL
February 20, 2004
Allen F. Maulsby ’46
Old Greenwich, CT
November 26, 2004
Plato George Eliades ’53
Hopewell, VA
January 20, 2004
The Honorable
John E. Parks III ’34
Honolulu, HI
May 30, 2004
Thomas M. Edwards, Jr. ’47
Mt. Sterling, KY
July 17, 2004
David B. Worthy ’55
Martinsville, VA
December 3, 2004
Hunter B. Andrews ’48
Hampton, VA
January 13, 2005
Howard W. Whitaker, Jr. ’58
Miami, FL
August 13, 2004
Harold T. Boone ’48
Baltimore, MD
July 20, 2004
G. Francis Autman, Jr. ’59
Hartly, DE
April 28, 2003
Carl M. Franklin ’48
Los Angeles, CA
September 6, 2004
David F. Silver, Jr. ’61
Pinehurst, NC
December 15, 2004
Howard C. Pilson ’48
Stuart, VA
July 23, 2004
Richard E. Wilbourn II ’61
Meridian, MS
October 23, 2004
Richard E. Railey ’48
Courtland, VA
July 31, 2004
Peter L. Dawson ’62
Alexandria, VA
July 28, 2004
Harold V. Thornhill ’48
Midlothian, VA
November 6, 2004
John A. Phillips ’62
Newark, DE
August 11, 2002
C. Hardaway Marks ’50
Hopewell, VA
November 13, 2004
Elliot A. Lifset ’63
Bridgewater,
Nova Scotia, Canada
September 15, 2004
Bernard Salzberg ’36
Norfolk, VA
August 5, 2004
Virginius R. Shackelford, Jr. ’38
Orange, VA
November 26, 2004
Nathaniel W. Cabell ’39
Charleston, SC
July 1, 2004
Shearer Calvin Bowman, Jr. ’40
Richmond, VA
January 28, 2005
Stuart E. Brown, Jr. ’40
Berryville, VA
June 6, 2004
Von D. Oehmig ’40
Lookout Mountain, TN
October 10, 2004
John David Leitch, Jr. ’42
Virginia Beach, VA
March 1, 2004
Robert M. Musselman ’45
Charlottesville, VA
November 9, 2004
Thomas S. Lodge ’51
New Castle, DE
June 23, 2004
Donald Porter Peery ’51
Roanoke, VA
March 14, 2004
The Honorable
Albert D. Alberi ’72
Virginia Beach, VA
September 19, 2004
Lisa A. Weiland ’76
Chicago, IL
November 20, 2004
Robert S. Barnett ’77
Philadelphia, PA
November 26, 2004
James P. Lawton ’78
New York, NY
November 2, 2004
Laurence H. Reece III ’78
Marblehead, MA
August 13, 2004
James McClellan ’81
Meherrin, VA
January 28, 2005
M. Brooke Massie ’83
Bristol, VA
July 19, 2004
The Honorable
Thomas F. Crosby, Jr., LL.M. ’88
Santa Ana, CA
January 23, 2004
Mary Margaret Weddington
LL.M. ’88
Memphis, TN
September 26, 2004
Geoffrey F. Birkhead ’71
Virginia Beach, VA
September 15, 2004
Richard M. Hirschfeld ’71
Miami, FL
January 11, 2005
UVA Lawyer • Spring • 2005
[73]
In Print
Fiction
East Side Story
Hour Game
texture and depth. Despite fair clues,
David Baldacci ’86
few if any readers will ID the villain
Warner Books
(villains?) before they’re revealed, and
a snappy surprise ending will have
Louis Auchincloss ’41
A woman is found
Baldacci’s many fans remembering
murdered in the
why they love this author so much.”
How did the
woods with a very
David Baldacci was born in Virginia,
families who live on
special watch on her wrist — and
where he currently resides, and
Manhattan’s Upper
what seemed a simple case soon
practiced law for nine years in
East Side get to where they are today?
escalates into a nightmare. The
Washington, DC. He has published
As much a penetrating social history
criminal methods of some of the
ten novels.
as it is engaging fiction, East Side
most infamous killers of all time are
Story tells of the Carnochans, a family
being replicated by a new predator
whose Scottish forebears establish
that stalks and strikes victims with
themselves in New York’s textile
a cunning brilliance. No one can
The Temple of
Music
business during the Civil War. From
understand the murderer’s motives
Jonathan Lowy ’88
there they quickly move on to seize
or who the next victim will be.
Crown
prominent positions in the country’s
Drawn into this violent affair are
top schools and Manhattan’s elite
two Secret Service agents turned
A vivid, gripping
firms. As the novel unfolds, family
private investigators, Sean King and
historical novel
members across the generations
Michelle Maxwell. Both have been
of the Gilded Age, The Temple of
recount their stories, illuminating
hired to prove a man’s innocence
Music re-creates the larger-than-life
lives steeped in both good fortune
in a domestic burglary involving
characters and tempestuous events
and moral jeopardy. Kirkus Reviews
an aristocratic, if dysfunctional,
that rocked turn-of-the-century
hails Auchincloss for being “once
family. Soon stunning secrets will
America. From battlefields to
again the master of his craft.”
lead the partners into the middle of
political backrooms, from romance
a frantic search for a killer unlike
to murder, The Temple of Music
the year 2000 as a “Living Landmark”
any they’ve confronted before. From
tells the tales of robber barons,
by the New York Landmarks
Publisher’s Weekly, “King and Maxwell
immigrants, yellow journalists, and
Conservancy. He has written more
reappear in this utterly absorbing,
anarchists, all centering on one of
than 50 books, including the story
complex mystery-thriller that spins
the most fascinating, mysterious, but
collection, Manhattan Monologues,
in unexpected directions. … There
little-explored events in American
and the novel, The Rector of Justin.
are terrific action sequences sprinkled
history: the assassination of President
The president of the Academy of Arts
throughout, and plenty of suspense,
William McKinley by the disturbed
and Letters, he resides in New York
and the King/Maxwell relationship,
anarchist Leon Czolgosz. The Temple
City.
while not romantic, emits sparks. It’s
of Music brings to life the intrigues
Baldacci’s portrayal of small town
and passions, the hatreds and loves
Southern life … that give the novel
of a rich cast of real-life characters.
Houghton Mifflin
Louis Auchincloss was honored in
[74]
UVA Lawyer • Spring • 2005
In Print
At the center of the tableau is
NON-FICTION
explain why you should be prepared
to save more than past retirees have
William McKinley, the president,
and how to use the new rules for
almost by accident, floating on the
Fundamentals
of Federal
Litigation
money and political clout of Mark
Heidi Brown ’94
Social Security, Medicare, and your
Hanna. Sober and unimaginative,
Thomson-West
former employer as you might think.”
McKinley’s personal life is marked
Publishing
Robert Carlson is editor of Retirement
and Leon Czolgosz, his assassin.
McKinley rises to the presidency
investing. He’ll also reveal why you
might not receive as much help from
Watch, a monthly newsletter, and is
by drama and tragedy, the unstable
wife he loves, and enemies he cannot
Written for
the managing member of Carlson
imagine — chief among them, Leon
the new litigation practitioner
Wealth Advisors LLC.
Czolgosz, a lonely immigrant and
or infrequent federal litigator,
factory worker who plots the most
Fundamentals of Federal Litigation
spectacular protest in an age of
applies the Federal Rules of Civil
spectacular protests — McKinley’s
Procedure using guidelines applicable
assassination at the 1901 Buffalo
in jurisdictions throughout the
World’s Fair. From Publishers Weekly,
United States. This tool guides the
“The novel stays true to the mission
attorney through each phase of
of good historical fiction, which is to
the case, from filing the complaint
dispel the textbook notion of iconic
through undertaking an appeal. The
events as either planned or inevitable.
author provides practical advice on
The War Over
Perpetual
Peace: An
Exploration
into the
History of a
Foundational
International Relations Text
Czolgosz and McKinley are real
every aspect of litigation as well as
Eric S. Easley ’97
people in Lowy’s hands, motivated
templates, flowcharts, checklists,
Palgrave MacMillan
as much by love and fear as politics
timelines, and real-life anecdotes to
or ideology, and often confused as
help advocate for clients involved in
From the publisher, “Immanuel
they unwittingly write the pages of
federal litigation. Heidi Brown is of
Kant’s Perpetual Peace is widely
American history.” Jonathan Lowy is
counsel at Moore & Lee LLP in New
recognized as a foundational text
the author of the critically acclaimed
York, specializing in litigation.
within international relations and
novel Elvis and Nixon. He lives in the
has become essential reading for
Washington, DC area, with his wife
scholars and students within the
Dawn and their children Alessandra
and Zachary.
The New Rules
of Retirement
discipline. The War over Perpetual
Robert C. Carlson ’82
most celebrated treatise, tracing the
John Wiley & Sons
competing interpretations of it that
Peace explores the history of Kant’s
scholars have offered over the last
According to
200 years. Easley demonstrates the
publisher John
existence of two distinct patterns
Wiley & Sons, “In The New Rules of
of interpretation that have existed
Retirement, nationally recognized
in the literature since the mid-19th
retirement expert Robert Carlson will
century: first, that the text endorses
show you how to incorporate the Age
peace proposals above the state level,
Wave into your retirement planning
and second, that the text is in favor of
process and teach proven, profitable,
peace proposals at the state level. The
and unique strategies for achieving
principal explanation for these two
a financially secure retirement. He’ll
patterns resides in the rise and fall of
UVA Lawyer • Spring • 2005
[75]
In Print
hopes for peace through international
boisterous family, Falk tried to fight
organizations. It can also be
his disease — or hide it. But by 24,
attributed to the rise in the number
he was alone, living on books by war
The Recording
Industry —
Second Edition
of liberal states over time. These
correspondents, their adventures his
Geoffrey Hull ’71
patterns and explanations provide a
only escape. Then he found a blue
Routledge-New York
comprehensive historical background
pill called Zoloft and set out on a
and analytical framework for
mission to make his own name as a
The Recording
understanding Perpetual Peace, which
correspondent in Bosnia during one
Industry presents a brief but
enables academics and students
of the most dangerous conflicts in
comprehensive examination of
of international relations to better
recent memory. Falk’s journey has
how records are made, marketed,
understand its complex meaning
never been predictable, and neither
and sold. The book opens with an
and to think beyond conventionally
is his moving, outrageous, and
overview of popular music and its
accepted interpretations of the day.”
sometimes frightening memoir.
place in American society, along
Hello To All That is a brilliant,
with descriptions of key players in
Rensselaer Polytechnic Institute says,
moving, hilarious,” and altogether
the recording industry. The book’s
“The War over Perpetual Peace is
completely original memoir that will
second part describes the making
certain to be regarded as unique and
undoubtedly go down as an instant
of a recording from production
provocative. I would expect this work
classic. John Falk has somehow
through marketing and retail sales.
to bring about renewed interest and
written a book about war and the
Finally Part III addresses legal issues,
argument concerning the relationship
even more terrifying darkness
including copyright and problems
between Kant’s great prophetic
within him that manages to be both
of piracy. The new edition takes into
history, its interpretations, and the
poignant and irresistibly funny,”
account the massive changes in the
actual course of affairs.” Eric Easley
writes Sebastian Junger, author of The
recording industry occurring today
joined the U.S. Foreign Service after
Perfect Storm.
due to the revolution of music on the
Professor Sharon Anderson-Gold,
receiving a Ph.D. from the London
Among psychologists today, John
web. Geoffrey Hull is a professor in
School of Economics and Political
Falk is known as patient X and the
the Recording Industry Department
Science, UK.
story of his recovery from chronic
at Middle Tennessee State University.
depression is used to inspire hope in
other patients. He is also a freelance
E N V I R O N M E N T A L
L A W
Hello to
All That: A
Memoir of
War, Zoloft,
and Peace
journalist who survived the rough
John Falk ’97
movie and won a Peabody Award for
Redefining
REDEFINING
FEDERALISM
Federalism:
Listening to
the States in
Shaping “Our
Federalism”
Henry Holt and
Best Cable Movie of the Year. He lives
Edited by Douglas T. Kendall ’92
Company
in Hillsdale, NY.
Environmental Law Institute
and tumble of reporting from the
front in Sarajevo. An article he wrote
for Details magazine, entitled “Shot
Through the Heart,” became an HBO
I N S T I T U T E
REDEFINING
FEDERALISM
LISTENING TO THE STATES IN
SHAPING “OUR FEDERALISM”
EDITED BY DOUGLAS T. KENDALL
CONTRIBUTING AUTHORS
JAY E. AUSTIN - JENNIFER BRADLEY - TIMOTHY J. DOWLING
DOUGLAS T. KENDALL - JAMES E. RYAN - JASON C. RYLANDER
Falk was an average Long Island kid
If federalism is about protecting
until depression left him ashamed
the states, why not listen to them?
and trapped behind an impenetrable
In the last decade, the Supreme
chemical wall. Barely surviving on
Court has reworked significant
“chin-up” tips from his big, loyal,
areas of constitutional law with the
professed purpose of protecting the
dignity and authority of the States,
[76]
UVA Lawyer • Spring • 2005
In Print
while frequently disregarding the
through more than ten printings.
a Senior Judge for the Florida Court
States’ views as to what federalism
This updated edition includes some
System and Distinguished Professorial
is all about. The Court is striking
modern advanced bidding systems
Lecturer at Stetson University College
down federal law where even the
and conventions, like Two over One,
of Law in St. Petersburg.
States recognize that a federal role
a system used by many modern
is necessary to address a national
tournament players, Roman Key Card
problem while inappropriately
Blackwood, New Minor Forcing,
limiting state experimentation. By
Reverse Drury, Forcing No Trump,
listening more carefully to the States,
and others. Also included is a detailed
the Supreme Court could transform
Guide to Bids and Responses, along
its federalism jurisprudence from a
with a detailed 12-page glossary and
A Foreigner’s
Legal Guide to
Doing Business
in the United
States
source of criticism and polarization
examples to make learning the game
Richard Winston ’94
to a doctrine that should win broad
even easier. Anthony Medley holds
In collaboration with
support from across the political
the rank of Bronze Life Master, is an
Butterworth’s Tolley (U.K.)
spectrum. Here, six distinguished
American Contract Bridge League
authors redefine federalism and
Club Director, and has won regional
The author writes, “This book is
reaffirm Justice Louis Brandeis’s
and sectional titles.
written for foreign corporations and
vision of States and localities as the
foreign nationals that are seeking to
laboratories of democracy.
develop a better understanding of
the U.S. legal rules that may impact
Rights Counsel, a public interest law
Criminal Law
& Procedure,
Fifth Edition
firm in Washington, DC. James E.
John M. Scheb
range of legal topics that can assist a
Ryan ’92, Academic Associate Dean
LL.M. ’84
business in its formation stages and
and William L. Matheson & Robert
and John M. Scheb II
continue to assist the business as it
M. Morgenthau Distinguished
Wadsworth Publishing Co.
establishes a more defined presence in
Douglas T. Kendall is the founder
and executive director of Community
Professor at the Law School also
their ‘inbound’ investment decisions.
The 17 chapters explore a wide
the United States. The guide can also
contributed a chapter to Redefining
This text is intended for criminal law
be used by domestic corporations
Federalism.
and procedure courses in departments
and individuals to better understand
of political science, sociology, legal
specific legal issues that affect their
studies, criminal justice, criminology,
day-to-day operations.” Richard L.
The
Complete
Idiot’s Guide
to Bridge
— Second
Edition
and the administration of justice.
Winston specializes in corporate and
It differs from other texts offered
international taxation with the Miami
in the applied legal area in that it is
office of Steel Hector & Davis. H. Anthony Medley ’65
manageable fashion and integrates the
with Michael Lawrence
material logically. Utilizing extensive
Penguin Books
case material, this book covers the
appropriate for a combined course
in law and procedure. It covers
all of the necessary content in a
historical background and has been
Penguin Books says the first edition
thoroughly updated to include the
of The Complete Idiot’s Guide
latest Supreme Court decisions and
to Bridge was the fastest selling
other developments in criminal
beginning bridge book, going
justice today. John M. Scheb is now
UVA Lawyer • Spring • 2005
[77]
Thirty Years at the French Bar
Ronald P. Sokol ’62, LL.M. ’63
O
n a gray November day
last year I ascended the
interminable steps of the
Palais de Justice. Ignoring most of the
fifteen miles of corridors, I passed
through one of the building’s 7000
doors, donned my black silk robe, and
walked into the gilded First Chamber
of the Paris Court of Appeals. Massive
tapestries by Gobelins decorated the
walls; high above me a ceiling fresco by
Bonnat bore the hopeful title, “Justice
enlightened by Truth pursuing Crime
and protecting Innocence.”
In 1962 I wanted to do appellate litigation, a specialty
What had happened in the 42 years since that day
in June, 1962 when I stood on the platform of the
to the Law School to pursue an LL.M. under the guidance
Charlottesville railroad station with my Law School
of Dan Meador whose seminars on constitutional
roommate? As we said goodbye, he to return to Alabama
litigation and arguments before the Supreme Court
and I to Milwaukee, we looked at each other and said in
inspired me. Under Meador’s guidance I began to argue
amazement, “We’re lawyers now.” Today he is the founding
habeas corpus cases as assigned counsel before the Fourth
partner of a firm of 70 lawyers
in Atlanta,1
and I am a
Circuit. When I finished my LL.M., I was invited to stay on
member, not just of the Wisconsin bar but of the bar in
as Director of a newly created appellate legal aid program.
France, where I have been practicing since 1973. Who
For three years I periodically drove from Charlottesville
could have predicted such an outcome? Euripides ended
to Richmond to argue cases. I was followed by a covey of
his plays with the lines, “And the end men looked for
third year students, for I used the cases as the basis for a
cometh not/ And the path is there where no man thought/
seminar. During those years I argued some 30 cases before
So hath it fallen here.”
the federal court.
1
[78]
that did not then exist. Uncertain of my destiny, I returned
Drew, Eckl & Farnham
UVA Lawyer • Spring • 2005
At the end of six years I gave Dean Dillard my
resignation and left Charlottesville for Paris to follow
three different treaties specifically prohibit this,4 the Paris
Court of Appeals did not.
a lesser-traveled, more Quixotic path. Partly I sought a
Such unusual cases enliven my practice. Still, although
deeper understanding of what we mean when we talk of
I enjoy traveling to medieval towns, entering picturesque
justice; partly I sought the joie de vivre of Paris. When I
courthouses, and the civilized ritual of shaking hands with
eventually sorted out my thoughts, they were published
the chief judge in chambers prior to the hearing, I am
as Justice After
Darwin.2
In my spare time I pursued the
often disheartened after the oral argument. French judges
pleasures of Parisian life and studied French, completing
seldom ask questions. I thus engage in a monologue. Does
the curriculum at the Alliance Française.
the judge agree or disagree with my arguments? I rarely
In 1970 I moved to Aix-en-Provence, a university town
have a window into what the judge may be thinking. To an
in the south of France with a legal tradition stretching
American-trained litigator this is a frustrating experience.
back 500 years. (I knew none of its history, only that it was
Not only does it devalue the oral argument, but it can lead
covered by a dome of deep blue sky.) In 1973 I met the
to an inferior judicial product.
FRENCH JUDGES seldom ask questions. I thus engage in a monologue.
Does the judge agree or disagree with my arguments?
The French talk now of adopting an “interactive oral
requirements to be a French Legal Counselor. In 1990, the
French government, in an attempt to slow the invasion of
argument” (“plaidoirie interactive”). To an American
English and American law firms, merged the profession
lawyer the fear expressed by members of the French bar of
of Legal Counselors (conseil juridique) with that of Court
an “interactive argument” seems ludicrous; yet it mirrors
Advocates (avocat),3 and I became a full-fledged member
the fear that recently enveloped a radical innovation in
of the French bar. I purchased the requisite black robe and
French criminal procedure. Until 2004 it was impossible
began to argue cases throughout the country.
for an accused in a French criminal court to plead guilty.
Thus it was on that gray November day, sitting
The concept of pleading guilty (“plaider coupable”) was as
opposite three judges at the end of a thirty foot table, that
foreign to the French bar as the French practice of joining
I began my argument. I hoped to convince them that a
a civil action for damages to an indictment would be to
judgment obtained in a religious tribunal in a Middle
an American lawyer. Against the overwhelming wishes of
Eastern country by a Middle Eastern husband against
the bar, the French government forced through legislation
my client, his American wife, was lacerated with fraud
permitting an accused to plead guilty.
Early in 1996 a series of events occurred which I felt
and should not be recognized in France. I had first to
surmount a major obstacle.
My client’s husband held multiple nationalities and
provided a rare insight into certain features of French
law and life. They began with the death of President
was an ambassador to UNESCO. He had invoked his
Mitterrand. His fourteen year tenure was the longest
diplomatic immunity as a shield against the divorce suit
rule of any French leader since Napoleon III.5 Almost
brought in France by his wife. I argued that this was an
immediately after his death his personal physician
abuse of diplomatic immunity. He was attempting to use
published a book recounting how the President had
his diplomatic privileges for personal advantage. Although
ordered him to conceal his fatal cancer from the French
2
Sokol, R. Justice After Darwin, The Michie Company, 1975.
4
3
Sokol, R., “Reforming the French Legal Profession,” 26 Int’l. Lawyer 1025
(1992).
Sokol, R., “Falling into a black hole of diplomatic immunity,”
International Herald Tribune, August 14–15, 2004, p. 5.
5
1848–1870.
UVA Lawyer • Spring • 2005
[79]
public. Mitterrand’s surviving family successfully brought
the concept that law exists to be transgressed and then
suit to stop publication. Although I was in no way involved
the transgression pardoned. This is not a concept that I
in the litigation, I decided to use it to bring together
learned at the Law School, but it is a subterranean current
some of my thoughts about the French legal system.
of French legal life. Yet in the past few decades much
As I wrote in the article that emerged, “A court-
has changed in France. The French Republic has inched
ordered ban of a book about the deceased President of a
closer to a Common Law mentality. Pressures emanating
FRANCE … HAS NOT YET broken free from the concept that law
exists to be transgressed and then the transgression pardoned.
democratic country, published by a respected publisher
from the European Court of Justice and the European
and involving neither national security nor obscene
Court of Human Rights increasingly impact on French
material, must be a unique event.”6 For more than a
practice. The European Court of Human Rights fills a role
decade Dr. Gubler in his semi-annual public reports on
in Europe today quite analogous to that filled by the U.S.
the President’s health concealed the cancer which he
Supreme Court during the period of the Warren Court in
had first diagnosed in 1981. When, after Mitterrand’s
the 1960s.9
death, he eventually told his story, he was demonized and
The tug of history and the push of contemporary
punished, not for lying to the public for eleven years but
practices often conflict. In the judicial sea these conflicts
for finally telling the truth. While the decision in 2004 of
produce whirlpools and currents which are neither easy
the European Court of Human Rights against France and
to fathom nor navigate. To assist clients to meet their
in favor of the publisher7 confirmed the prediction in my
objectives and to escape the treacherous shoals of two legal
article, it did not diminish the Gallic irony of the earlier
systems is my task. This unique role puts a heavy premium
judicial decisions which rewarded the doctor’s deception
on cross-cultural understanding and experience. If only I
and punished his truth-telling.
had another half century to plumb the depths and study
T.S. Elliot recently reminded me in one of his essays
that a man is a different person in each decade of his
life.8
the currents, I might draw the navigational chart that
would reveal all. As I move through my seventh decade, I feel my most
useful role to my clients is that of a legal-cultural interface
between two legal systems that share many similarities and
Since 1973, Ronald P. Sokol, ’62, LL.M. ’63, has practiced
yet remain profoundly different. France is a Latin country,
and taught law near Aix-en-Provence in southern France.
secular, adamantly non-religious, yet strewn with the
While he is admitted to both the American and French bar,
vestiges of 1500 years of Roman Catholic ritual, tradition,
his clients come from around the world. Information on the
and philosophy.
Sokol Practice may be found at: www.lexhelp.com.
If within the past century France finally broke the
iron grip of the Church, it has not yet broken free from
6
Sokol, R. “Freedom of Expression in France: The Mitterrand-Dr. Gubler
Affair,”
7
Tulane J. Int’l. & Comp. Law 5,6 (1999). 7 Affaire Plon, ECHR, May 18,
2004, Requête n˚ 58148/00.
8 “For
a man who is capable of experience finds himself in a different
world in every decade of his life, as he sees it with different eyes.…” T.S.
Elliot speaking in 1940 at the 1st Annual Yeats Lecture, published in On
Poetry and Poets, (London, Faber & Faber, 1957), p. 257.
9 See Sokol, R. “Justice emigrates to Europe,” International Herald
Tribune, July 17–18, 2004, p. 4.
[80]
UVA Lawyer • Spring • 2005
Upcoming Alumni Events
April 30 Annual Meeting of the Law School Alumni
Association, including the “State of the Law School”
Address by Dean John Jeffries at the Law School
May 5 Birmingham Alumni Reception
Join Dean John Jeffries for a Law Alumni Reception
at the Summit Club
June 14 Washington, DC Alumni Luncheon
featuring Deborah Platt Majoras, Esq. ’89, Chairman,
Federal Trade Commission
The Hotel Washington
Law Alumni Weekend —
April 29 to May 1
Reconnect with old friends, classmates, and faculty.
Reunion classes: Lile Law Society, 1940, 1950, 1955,
1960, 1965, 1970, 1975, 1980, 1985, 1990, 1995, 2000
If you have questions, please contact Alumni
Relations at 434-924-3588, toll-free at 1-877-307-0158,
or at events@law.virginia.edu
Charlottesville-Area Alumni are invited to register
for Reunion Weekend Classes without Quizzes
(CLE Seminars)
Lawyer for the Organization: Conflicts of Interest,
Confidentiality, Reporting, and Whistleblowing
Presented by Professor George Rutherglen, John
Barbee Minor Distinguished Professor of Law and
Edward F. Howrey Research Professor
Friday, April 29 3:00–5:00 PM
OR
Recent Developments in Estate Planning and Estate
and Trust Administration
Presented by Schiff Hardin LLP Partner
Charles D. “Skip” Fox IV ’80
Friday, April 29 3:00–5:00 PM
OR
The Hallmarks of Distinguished Advocacy
Presented by Professor and Covington & Burling
Partner Robert Sayler
Saturday, April 30 2:45–3:45 PM
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