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www.law.virginia.edu/alumni
Spring 2006
Vol. 30, No. 1
Lawyers and Public Service
Spring 2006
From the Dean
Public Service
John C. Jeffries, Jr. ’73
T
his issue of UVA Lawyer highlights the Law School’s commitment
to public service. To my mind that commitment has three aspects.
First, we encourage our students to engage in pro bono activities
while they are here. Specifically, the Pro Bono Project, which operates
out of the Mortimer Caplin Public Service Center, asks students to
volunteer 25 hours each year to projects of their own choosing. The
total number of hours volunteered annually is well north of 10,000.
Projects range from civil rights to constitutional law to disability,
environmental law, first amendment problems, and mental health.
An important addition to the pro bono opportunities of our
students is the Law School’s partnership with Hunton & Williams.
In that partnership, Hunton & Williams lawyers and student
volunteers work together to provide free legal services to low-income
Charlottesville residents with problems in the areas of immigration and
domestic relations. Hunton & Williams paid to renovate office space for
the project and employs a full-time lawyer to direct it. The Law School
contributes the energies of its students and the time of Kimberly Emery,
Assistant Dean for Pro Bono and Co-Director of the Mortimer Caplin Public Service Center. As a result of this
partnership, Virginia students have the opportunity to engage in important public service under the guidance
of knowledgeable and experienced lawyers. For them, it is both a giving and a learning experience.
Second, we have made major commitments to enabling our students to pursue public service careers after
graduation. The key here is loan forgiveness. Students who graduate with large debts—as most of today’s
students do—cannot take low-paying public service jobs unless they get help with their loans. We provide that
help in the form of loan forgiveness for graduates engaged in full-time public service whose incomes do not
allow them to meet current repayment obligations. This program is not cheap. This year alone, the Law School
Foundation will provide over $400,000 to defray the loan repayment obligations of recent graduates engaged in
public service. The expense is great, but loan forgiveness is absolutely necessary for our students who seek to
enter public service employment.
Finally, and perhaps most importantly, we emphasize public service not merely as a full-time career choice
that some students may make, but as a lifelong commitment for all Virginia graduates. One of the glories of
the legal profession is the array of opportunities it provides for public service from the private sector. Lawyers
are born leaders. They naturally become involved in all sorts of civic organizations, charitable activities,
educational institutions, advisory boards, and commissions, as well as a variety of professional organizations.
One of the messages we celebrate at Virginia is that a lawyer doesn’t have to be employed in the public sector to
make a contribution to the public interest. On the contrary, we see public service as a commitment to which all
Virginia graduates should aspire. Fortunately, our students have the example of our alumni to show the many
ways this can be done. A few examples of the many Virginia graduates making outstanding contributions to
public service are profiled in the pages that follow. We hope their stories will be of interest to you, as well as a
source of inspiration for our students. 
Spring 2006 / Vol. 30, No. 1
Departments
1
4
Dean’s Message
Features
36
Law School News
22
Faculty Briefs
55
Class Notes
76
In Memoriam
79
In Print
83
Opinion:
Not Just Another Summer Party
Roger S. Goldman ’80 and
Scott D. Michel ’80
A Moderate Amid the Shouting:
Evan Bayh ’81—The Gentleman from
Indiana
Cullen Couch
40
Virginia Alumni at the Ready on
Civil Rights
Denise Forster
45
The Power of Conversation in a Fractured
World: W. Robert Pearson ’68—Calm
Inside the Storm
Cullen Couch
49
Program Helps Alumni Pursue
Career Dreams
Denise Forster
On the cover: The Civil Rights Memorial honors the achievements and
memory of those who lost their lives during the Civil Rights Movement.
Created by Maya Lin, the black granite memorial is located across the
street from the Southern Poverty Law Center in Montgomery, Alabama,
and is just around the corner from the church where Dr. Martin Luther King,
Jr. served as pastor during the Montgomery Bus Boycott in 1955–1956, and
the capitol steps where the Selma-to-Montgomery voting rights march
ended in 1965.
Editor Cullen Couch
Determine never to be
Associate Editor Denise Forster
idle … It is wonderful how
Contributing Writers Andrea Lawhon, Zak Salih, Emily Williams, Mary Wood
much may be done if we
Design Roseberries
Photography Tom Cogill
are always doing.
Additional Photography Natalie Blazer, Ian Bradshaw, Diane Cronk, Will Gomaa, Adam Lovelady,
Andrew Shurtleff, Erin Trodden, Erin Wilcox, Emily Williams, Mary Wood, Melissa Young
Printing Schmitz Press
—Thomas Jefferson
Law School News
Governments Must Cooperate on
Potential Flu Pandemic Response
I
magine: a week after his spring break trip to visit
reports numerous cases of avian flu in the same region of
an infirm relative in Vietnam, a University of
Vietnam where the student spent his break. An outbreak of
Virginia student admits himself to the Health Center
avian flu, it appears, has reached not only the United States,
complaining of respiratory problems. In a matter of days,
the student’s health rapidly worsens; he develops acute
pneumonia and suffers respiratory failure.
but the University community as well.
This was the hypothetical, but credible, scenario
constructed by a group of experts who discussed the
While the student remains in critical condition, not
government’s role in responding to a potential outbreak of
responding to treatment, six other students from the same
avian flu at a panel sponsored by the Conference on Public
international dorm where he lives are admitted with similar
Service & the Law on March 18. The panel featured three
symptoms. In the news, the World Health Organization
experts on various aspects of public health law: Maryland
Director of Health Policy Development Jack
“Delay is deadly. Delay kills people. Dead people
don’t have civil rights.”
Schwartz; Paula L. Kocher, deputy associate
general counsel for the Department of
Health and Human Services, and Rene
Cabral-Daniels, director of health policy for
the Virginia Department of Health.
“While we may be hearing a lot in
the news from doctors about the avian
flu, there’s a lot going on in the public
health law sector about how we are going
to prepare for and address avian flu and
pandemic flu,” said moderator Ruth Gaare
Bernheim, an associate professor of health
sciences at the University and associate
director for UVA’s Institute for Practical
Ethics and Public Life. “And … it’s not a
question of if, but when, it comes.”
According to Bernheim, three key issues
emerge when considering how large or
small a role the government should play
in handling avian flu on American shores:
what the government must do to protect
Jack Schwartz
UVA Lawyer • spring • 2006
[5]
Law School News
its citizens, whether the authority for such protection lies
commerce clause, Kocher said. Yet because quarantine
at the state or federal level, and whether any limits should
is tantamount to detainment, there are only specific
be placed on the government when dealing with a potential
communicable diseases—including cholera, yellow fever
pandemic.
and tuberculosis—listed in the president’s executive order
September 11, 2001 and the subsequent anthrax attacks
that allow the government to quarantine a particular
not only brought the issue of bioterrorism to the forefront
community or area. The most recent additions to the list
of the American consciousness, but also led to a fear of
include SARS and pandemic influenza.
natural diseases, spurring many states to undertake their
own efforts to modernize in the event of an emergency.
The good news, Kocher said, comes in the form of
recent revisions to the CDC’s policies, including new
statutory authorization, explicit due
An effective quarantine might mean detaining
not just an entire residence hall but an entire
process, and improvements on the technical
aspects of federal quarantine. “It had been
[25 years] since the CDC revised its foreign
and interstate regulations, so it was time.”
But Cabral-Daniels questioned whether
city, state, or even country.
the people implementing public health
laws have the legal expertise to use them
effectively.
As a result, public health officials’ response to such
crises may be confused because it is unclear whether state
in a pandemic, an effective quarantine might mean
or federal powers are responsible, and to what extent.
detaining not just an entire residence hall but an entire city,
“You have this hodgepodge and so that requires a lot of
state, or even country, she said. Since this is impractical,
lawyering,” Schwartz said. Given this conflict, Schwartz
a more feasible approach involves assessing “vulnerable
stressed, officials should find a middle ground.
populations.” Defining a specific population as vulnerable
“[We need to] try at least to find an appropriate point of
balance between the need to empower government officials
to deal with a public health emergency on the one hand,
depends upon two crucial factors: the attitudes of the
population and the culture of the legal system.
Changing a particular population’s behavior is critical in
versus the need to preserve basic civil liberties on the other
controlling a pandemic, but this can often be a frustrating
hand,” he said. To empower the government over the states
proposition.
would lead to a potential dictatorship among certain federal
“One thing that we have found in terms of studying
organizations; similarly, to empower civil liberties over the
areas that are quarantined is that if people are concerned
government would lead to a harmful delay in solving the
about a health risk, they’re most likely to change their
crisis. “Delay is deadly,” said Schwartz. “Delay kills people.
behavior,” she said. “If people think there’s no difference
Dead people don’t have civil rights.”
between their behavior and their risk for a particular
According to Kocher, states are responsible for
controlling the spread of disease within their borders,
whereas diseases spread from foreign countries fall under
the responsibility of the federal government. Ultimately,
disease, then they’re not going to change that behavior.”
Officials should make laws “more palatable” to
encourage compliance.
“If you’re going to come up with really good health
responsibilities may intersect, creating concurrent
policies, you want to think about the legal culture and
jurisdiction. “Everyone has a little piece of this,” she said.
think about the American population as being a vulnerable
“And so it’s very important that all levels of government
population,” said Cabral-Daniels. “You don’t have to have
work together to come up with the best solution for dealing
a policy that’s way out in left field but you can come back
with a public health problem.”
and … just look at the Constitution. Those constitutional
If an outbreak requires quarantine, the federal
government has jurisdiction by way of the Constitution’s
[6]
If the hypothetical situation at the University resulted
UVA Lawyer • spring • 2006
principles are also transferable to a number of policy
issues.” 
Law School News
Comptroller General Predicts Fiscal Crisis
Unless Government Reforms
T
he government must change how it does business
“We could eliminate every dime of waste … and this
now or the United States will face a serious fiscal
nation would still have large and growing structural
crisis in the future, said David Walker, Comptroller
deficits,” Walker said. There are “too many layers, too many
General of the U.S. Government Accountability Office,
at the Conference on Public Service & the Law dinner on
players, too many turf battles, and too many hardened silos.”
In order to make the necessary changes, the government
March 17. He challenged law students to take on the issues
needs more leaders with courage, integrity, creativity, and
faced by the government by getting involved in public
stewardship and who are willing to reform entitlement
service at some point in their careers.
policies, namely Social Security, Medicare, and Medicaid.
“The United States government faces some serious
challenges in the 21st century,” Walker warned. “Deficits,
changing security threats, demographics, quality-of-life
The government also needs to re-engineer the base of
spending and re-evaluate tax policies.
“The base is unaffordable, unsustainable. The base is
concerns, rapidly evolving technology, I can go on and on
going to have to be dramatically reengineered and GAO
and on.”
is going to be in the forefront of efforts to analyze what’s
Plagued by waste, fraud, abuse, and mismanagement,
the government must reconsider longstanding policies to
sustain its superpower status and leave the country better
working, what’s not working, and what is a possible way
forward.”
In Walker’s estimation, the government has specific
positioned for the future. “Washington is out of control,”
problem areas that must be addressed now. “Number
Walker asserted, not blaming anyone in particular. “I mean
one, a budget deficit. Number two, a balance of payments
this on a nonpartisan basis.
deficit, of which the trade deficit is a subset … [and] both
UVA Lawyer • spring • 2006
[7]
Law School News
of those [were] record levels last year. Number three, a
Security. Now that rebuilding has begun, tough decisions
savings deficit. Americans are great at spending, we’re poor
have to be made, with the state and local governments
at saving … and then we have, probably the most serious
taking the lead, Walker said.
deficit of all and that is a leadership deficit. And that is a
bipartisan statement,” Walker said.
“Where’s the accountability for spending increases and
The GAO itself has made some tough and unpopular
decisions under Walker’s watch, one of which was suing
Vice President Dick Cheney. “I don’t like the idea of suing,
tax cuts that are unaffordable and unsustainable over time?
unless you have to, and I don’t particularly like suing the
Where’s the accountability for government programs and
vice president of the United States. On the other hand, if
tax preferences that aren’t getting real results? ... Where’s
we are committed to truth and transparency, if we believe
the accountability for congressional projects, better know
that anybody who is a public servant is subject to the law
as earmarks or pork barrel spending, at a time of record
and that nobody is above the law and the public has a right
budget deficits? Where is the outrage about these issues?”
to know who met with whom, when, about what, and
what did it cost when it deals with issues
as significant as our national energy policy,
“When our new grandson was born this
and if we were concerned that if we did
afternoon, he not only got a birth certificate, he
received a birth burden of $156,000.
Now I know why he was crying.”
not act that we were going to face broadbased records access problems throughout
the entire government, then under those
circumstances, we did what we had to
do. We sued.” A district court ultimately
dismissed the case, ruling that the GAO
lacked standing to sue.
The GAO chose not to appeal for several
The apathy of citizens will result in record deficits and
will affect generations to come. “When our new grandson
had to take any similar action since.
was born this afternoon, he not only got a birth certificate,
The GAO also acted on the Bush administration’s
he received a birth burden of $156,000. Now I know why he
release of government news stories produced to influence
was crying,” Walker joked. More and more of our debt must
the public on a variety of issues. Walker said the GAO
be financed by foreign nations.
brought the practice to light because they wanted citizens
The United States has gone from the largest creditor
to know the government was trying influence them with
nation to the largest debtor nation—and not due to the war
“covert propaganda” financed with their tax money.
on terrorism, Walker noted. “Of that $760 billion deficit
Congress ultimately enacted legislation to stop it.
last year, only $100 billion had anything to do with Iraq,
Afghanistan or incremental Homeland Security costs.”
“I’m a strong believer if you don’t learn from history,
you’re doomed to repeat it. Unfortunately, I wish we had
After Hurricane Andrew, the GAO issued a series
more Americans that understood that because in many
of recommendations, many of which were not adopted
ways, we’re not learning from history,” Walker said. “We
but could have been useful for responders to prepare,
have a great country, but we face serious challenges.” We
respond, and recover before, during, and after Hurricane
need to address those challenges starting today, he said, and
Katrina. After Katrina, the GAO again identified areas of
take steps now to create a better tomorrow. 
improvement. The national response plan needs clarity,
consistency, and more common sense, Walker said. More
training is needed to mobilize responders in the public,
private, and nonprofit sectors. The government needs to
take a risk- management approach and re-evaluate whether
FEMA even needs to be in the Department of Homeland
[8]
reasons; however, the message got across. The GAO has not
UVA Lawyer • spring • 2006
Law School News
Kennedy Praises Values of Public Service
P
ublic service lawyers are the perfect models for how
support. “There had long been legal aid and public defender
to face the decisive issues of the 21st century while
offices in big cities and a few privately funded groups
upholding the values and ideas of the Constitution,
who made poverty law a part of community development
said Sen. Edward M. Kennedy ’59 (D-Mass.) in his keynote
organizations,” he said. “But hardly any taxpayer dollars
address at the annual Conference on Public Service &
supported them.”
the Law. This year’s conference attracted more than 400
Attorney General Robert F. Kennedy ’51, as chairman of
students, attorneys, professors, and community members,
the President’s Committee on Juvenile Delinquency, helped
who debated and discussed topics in public law as well as
trigger a national movement to provide legal aid to the
public service careers. Kennedy stressed the importance of
poor. “Under the banner of fighting urban youth crime, the
working toward the common good.
committee allocated funds in various federal departments
“There are countless ways to be a public service lawyer,”
Kennedy said.
to pay for legal service offices in poor communities,”
Kennedy said.
The wide dispersal of legal service programs is a
In 1964, Congress developed a national anti-poverty
relatively recent accomplishment, according to Kennedy.
program as “a source for legal services funding throughout
In 1961, there were no national legal service programs
the country.” When the incoming Nixon administration
and few groups devoted to helping the underprivileged
attempted to abolish the program, Congress not only
and underrepresented. At the time, most poverty laws
defended it, but created the Legal Services Corporation, an
were considered too controversial for the government to
enduring, federally funded program. Despite continued
UVA Lawyer • spring • 2006
[9]
Law School News
attacks on the program, Kennedy said he and others on
current administration “seized on the 9/11 attacks” as a way
Capitol Hill protected and nourished the program until it
of asserting powers “that no president has ever had.”
flourished throughout the country.
“I hope some of you will join a district attorney’s office
Kennedy criticized the president’s call for warrant-less
electronic surveillance. The connection between torture
as I also did as a young lawyer,” he said. “Or perhaps you’ll
and extraordinary rendition and the current policy of pre-
be a public defender, or a legal service lawyer dealing
emptive strikes against countries suspected of harboring
directly with clients. These are all inspiring ways to become
and supporting terrorism also concerned him.
involved in public interest law and effecting ways to learn
the practical art of [being a good lawyer].”
“Together, these and other actions demonstrate the
administration’s clear rejection of the Constitution’s
demand for a balance of powers among
the branches of government,” he said. “In
“I can remember no time, no time in my life
my judgment, it’s a stunning arrogation of
power that would have made the founder of
when it has been as important as it is today
this great university, Thomas Jefferson, roll
over in his grave.”
for the Senate to serve as a check on the
Kennedy criticized the administration’s
failure to provide information to senators
executive branch.”
and the public on charges of torture within
the military. Military investigations and
prosecutions “focusing on those at the
Kennedy reflected on the idea of the U.S. Senate as an
the issue, said Kennedy. “Many of [the top] officials [who
but to the founding fathers as well. The entire structure of
allegedly advocated such methods], rather than being
the government owes its preservation throughout American
disciplined, have been promoted and honored,” he noted,
history not only to the foresight of the founders, but to the
pointing to Attorney General Alberto Gonzales.
American people. The power of the government depends
The issues of detention, surveillance, and torture are
on people willing to execute its promises and uphold the
making media headlines with good reason, according to
American Constitution, according to Kennedy.
Kennedy. “Beneath the issues of the day is the issue of
“It’s no wonder that those of us in the Senate have
a lifetime: whether Congress will find the courage and
copies of the Constitution ready at hand,” he said. “For
conviction to perform its constitutional role … . When we
us, the Constitution is not just an historic document
fail to hold the executive [branch] to account, [the structure
contained in glass at the National Archives … . The status
of the government] is weakened, perhaps permanently.”
and responsibility that the founders gave us is meant to be
applied every hour of every day.”
Preserving the American legacy for future generations
The ultimate responsibility to protect and preserve the
Constitution is placed on “all of us here today,” he said. “As
the lawyers and leaders and senators of the future, you have
is the ultimate duty of the Senate, and that struggle is at
a special obligation to educate the public on these issues by
a critical juncture with the current Bush administration,
teaching and writing and speaking about them and working
Kennedy argued. The body of government that helped solve
with groups that care about these issues. So, you have your
the struggle for civil rights, developed the Nuclear Test Ban
assignment.”
Treaty, and dealt with the moral and political complexities
of Watergate faces a new challenge in Kennedy’s eyes.
“I can remember no time, no time in my life when it
has been as important as it is today for the Senate to serve
as a check on the executive branch,” he said. In his view, the
[10]
bottom of the chain of abuses” are not conducive to solving
establishment responsible not only to the American public,
UVA Lawyer • spring • 2006

Law School News
Natalie Blazer stands before the destruction in a residential neighborhood in Waveland, Mississippi.
Law School Students, Staff
Spend Break on Katrina Recovery Effort
B
etween endless blocks of destroyed houses, cars,
that it left us in a funny spot of not really knowing the big
and neighborhoods in New Orleans and coastal
picture. We just did the best we could in our little spot, and
homes stripped down to their foundations in
hoped for the best.”
Mississippi, Law School student and staff volunteers who
Lovelady and several students volunteered as part of
traveled to Hurricane Katrina-ravaged areas during spring
the Student Hurricane Network, a national organization
break hoped they made a dent in the massive effort required
formed by law students who wanted to help in the
to get the region back on its feet, and at the same time were
aftermath of hurricanes Katrina and Rita. Lovelady, his
overwhelmed with the scope and scale of what still needed
wife Tracy, and several other students volunteered with
to be done.
the Association of Community Organizations for Reform
“While I had seen the news clips and the news coverage,
Now (ACORN) on stripping down water-logged houses in
I don’t think I appreciated just how bad it was,” said first-
New Orleans. Working in crews of 10 to 15 volunteers for
year law student Adam Lovelady, who organized the largest
each house, they donned stifling Tyvek suits, gloves, and
contingent of student volunteers, many of whom traveled
goggles while tearing down drywall and removing damaged
to New Orleans as part of a two-pronged effort to clean up
belongings, rotted wood, and flooring.
houses in the Ninth Ward and to monitor the taxed city’s
“It was really sad because it was people’s lives you were
faltering criminal justice system. “There’s still so much
shoveling up, and throwing in a wheelbarrow and tossing
uncertainty of what the rebuilding plans are going to be
on the side of the street,” said Lovelady. Some houses
UVA Lawyer • spring • 2006
[11]
Law School News
The remains of a shopping center in Pass Christian Mississippi.
More destruction in Mississippi.
sustained damage from a few feet of water, while others
formally transferred when their parents died, which makes
near the levee that had been completely covered were still
it more difficult to ensure grants that are given out go to
damp and were affected by rushing water as well.
rebuilding homes.
Second-year law student Lisa Perez also volunteered
A second team of two law students and one recent
for ACORN. “After watching all the developments on TV,
graduate focused more on legal issues in New Orleans,
I really wanted to do something about it,” said Perez, a
working with the Louisiana Capital Assistance Center
Puerto Rican native who lived through the eye of Hurricane
(LCAC), a part of the Justice Center, a nonprofit criminal
Hugo as a child. To receive help from ACORN volunteers,
homeowners paid a small fee and indicated they wanted to
come back.
“When you first get there it’s almost completely desolate.
You don’t really know what the utility is of what you’re
doing,” Perez said. “One thing that really struck me was the
importance of leadership in rebuilding, and the role of law
in that process.”
Perez said a major stumbling block for the Ninth Ward
was uncertainty over what houses would be demolished,
and what would be restored. “People don’t know whether
to come back and start rebuilding.” In nearby St. Bernard’s
Parish, which also was disastrously damaged, rebuilding
efforts are further along because officials have already made
a plan. Home ownership is also more complicated in the
Ninth Ward because many residents did not get home titles
Law School staff members Diane Cronk (left) and Pam Messina
[12]
UVA Lawyer • spring • 2006
Law School News
An obliterated Waffle House in Pass Christian.
A house was thrown onto the railroad tracks.
defense organization providing representation to indigent
database, also tracking what crimes they were charged with.
defendants across the Deep South.
But it was difficult to even know how long prisoners had
“The goal was to get people out of jail that had been
held in jail for a long time—sometimes more than six
been jailed.
As part of a team of UVA Law students studying housing
months—without a hearing,” said third-year law student
legal issues in Gulfport, Miss., first-year Natalie Blazer also
Will Gomaa, who volunteered for the project. The LCAC
saw problems, but ones that were complicated by Katrina’s
filed habeas petitions in federal court to try to release
profound effect on landlords as well as tenants. Blazer and
others worked for the Mississippi Center for
“It was people’s lives you were shoveling up, and
throwing in a wheelbarrow and tossing on the
side of the street.”
Justice, where they observed court cases on
housing issues and surveyed conditions in
rental units and complexes, gathering data
to identify broader trends.
“Landlords weren’t making repairs, a lot
of tenants lost their jobs and couldn’t make
rent, but a lot of landlords lost their houses
too,” Blazer said. “We put together all the
defendants who had not been granted hearings. Under
data so the attorneys could figure out which apartment
Louisiana law, defendants must have a probable cause
complexes were the worst.”
hearing before a judge within 45-60 days, a longer period of
time than in most states.
After Katrina hit, the governor suspended the timetable
Another pair of law students volunteered through UVA’s
alternative spring break in Pass Christian, Miss., once a
town of 7,000, now reduced to half that size. While bunking
for those jailed until January of this year. Gomaa and other
in the AmeriCorps Tent City, law students Erin Wilcox
volunteers compiled information on defendants into a
and Kelly Scheid, along with undergraduate volunteers,
UVA Lawyer • spring • 2006
[13]
Law School News
First-year law student Adam Lovelady’s wife, Tracy, shovels debris in a
Ninth Ward home.
Law student volunteers for the LCAC, included (left to right) Neela
Rathinasamy ’05, third-year law student Will Gomaa, and second-year
law student Ryan Harsch.
gutted damaged homes, re-created a lost animal shelter by
“In New Orleans it didn’t look like they were doing
building dog pens and an irrigation system, and worked in
much to get their feet back on the ground,” Cronk said.
food kitchens. The city was only a few miles from Katrina’s
“Mississippi was really making an effort to do this and just
eastern eye wall.
work on it day and night.”
“A lot of us assumed we were going to be in the process
The Habitat International leader there told volunteers
of rebuilding, but the city wasn’t even close to being ready
that 30,000 had signed up to help, but considering the
for that,” Wilcox said. “I had to constantly remind myself I
extent of the damage, Messina guessed they would need
was in the United States.”
many more. Some residents suggested they might leave for
Wilcox was surprised by the lack of federal
safer places to live, which saddened Messina, considering it
infrastructure. Other than FEMA, which has plans to wrap
has been their home for so long and they would be leaving
up emergency operations there soon, only AmeriCorps, the
their families.
federal volunteer program, was evident. Funding cuts of the
program may further reduce their numbers next year.
“I think that’s what affected me most—just seeing how
On the other hand, “There’s still nothing between the
Gulf and the land, and it could happen again next year. You
just never know,” she said. 
little our government, our country, is doing.”
While students had the week off for spring break, two
staff used their own leave, and funds, to volunteer in Long
Beach and Ocean Springs, Mississippi, through Habitat for
Humanity.
“I had helped build some of the frames [for homes to
go to Katrina-ravaged towns] on the Downtown Mall in
November, and I just felt like I wanted to follow through,”
said faculty secretary Diane Cronk.
Cronk and co-worker Pam Messina, who have both
volunteered for Habitat for Humanity’s Women’s Build before,
traveled with a group of 28 undergraduate students in vans
and stayed in a local church while they raised walls on houses,
corrected problems with imported frames, and set the stage
New Orleans
Ian Atkinson, Will Gomaa, Ryan Harsch, Adam and Tracy
Lovelady, Tim McCarten, Lisa Perez, Neela Rathinasamy ’05
Gulfport, Mississippi
Jared Boyd, Natalie Blazer, Damien Lyster, Aaron Mahler
Pass Christian, Mississippi
Kelli Scheid, Erin Wilcox
for home foundations. They also prepared a room donated by
Long Beach & Ocean Springs, Mississippi
the Salvation Army for use by Habitat. Soon after arriving they
Diane Cronk, Pam Messina
visited New Orleans, where they saw a much different picture.
[14]
Katrina Spring Break Volunteers
UVA Lawyer • spring • 2006
Law School News
Duvall Named Hunton & Williams
Pro Bono Fellow
T
hird-year law student Kate Duvall’s
partner George Hettrick, who also coordinates
commitment to public-interest law
the firm’s pro bono partnership with the Law
was cemented when she worked
School. “We really are trying to encourage law
during her first-year summer for the U.S.
students to pursue public interest law careers.
attorney’s office in Charlottesville. Defendants
There are not many job opportunities out there
or their significant others frequently brought
in this field.”
their children into the courtroom to watch
After earning her bachelor’s degree from
proceedings, and she often saw the kids crying,
UVA in 2001, Duvall worked as a paralegal
not understanding why the judge was locking
in Washington, DC, (ironically at Hunton
up their parent.
“Seeing those kids in that situation made me really want
& Williams) before deciding to apply to law
school. Although she initially didn’t have specific plans for
to work with children—and families in a broader sense—to
her life as an attorney, public service and pro bono work
show them the legal system wasn’t out to get them,” Duvall
soon became one of her most engaging extracurricular
said. “A lot of these cases involve good people who just
activities at the Law School.
made mistakes.”
Duvall, who has already spent countless hours helping
“I sort of dived headfirst into it and have not reemerged,” Duvall said of her interest in public-interest
children and families with legal issues during her law school
work, serving in her first year as a volunteer for the Rape
career, has been awarded the Hunton & Williams Pro Bono
Crisis Advocacy Project (RCAP). She became RCAP’s
Fellowship, a two-year salaried position that will allow her
community liaison the following year, at a time when
to pursue the legal career she’s always wanted.
UVA policies on sexual assault cases were under fire. “The
“I don’t know what shape I would have been in if I
University really considered RCAP’s recommendations
didn’t get the fellowship,” said Duvall. “It’s really the ideal
and took them to heart,” said Duvall, who now serves as
job for me. It’s everything I’m interested in doing—it’s with
treasurer.
family law, it’s in the courts.”
In her fellowship, Duvall will spend time working at
Last summer she worked in the Fredericksburg public
defender’s office, where she spent much of her time
the Central Virginia Legal Aid office and will help walk-
defending juveniles in court with the help of a Third-Year
in clients who can’t afford an attorney through the firm’s
Practice Certificate, which allows students in their final
Richmond office in Church Hill, the city’s oldest and
year of law school to represent clients in court with the
poorest neighborhood. Four of the six fellowships Hunton
supervision of a practicing attorney. In the last month of
& Williams has offered since the program’s inception have
the summer she worked in Richmond with the Legal Aid
been held by UVA Law students, although students from
Justice Center’s JustChildren program.
multiple states apply for the honor each year. The firm
offers a similar fellowship position in its Atlanta office.
“Kate’s record was outstanding, especially her volunteer
This year Duvall volunteered for the Hunton & Williams
pro bono partnership with the Law School, working
alongside several other students and attorneys on custody
efforts at Legal Aid in Fredericksburg, Charlottesville, and
and divorce cases for victims of domestic violence. In its
Richmond. When we talked to her we could tell she had
first year, the partnership represented clients in more than
the absolute passion to do exactly the kind of work our
30 domestic violence cases and five asylum cases, and
pro bono fellow does,” said Hunton & Williams pro bono
volunteers have counseled countless more area residents.
UVA Lawyer • spring • 2006
[15]
Law School News
In the yearlong Child Advocacy Clinic, Duvall has
been “working to ensure that children’s rights are being
protected—that they’re getting recreation and the
student members conduct interviews in juvenile cases at the
public defender’s office.
In addition to a salary, the fellowship offers $10,000 in
education they have a right to in juvenile correctional
loan forgiveness in each of the two years, and Duvall may
centers.” She and fellow students will also be representing
also qualify for the Law School’s Virginia Loan Forgiveness
teens in their upcoming commitment review hearings.
Program, which pays loans for students in low-paying
Duvall has also worked with other law students to
public service positions. “Loans are a significant deterrent
start a new student organization that addresses an issue
to students seeking public service jobs,” she said. “Having
close to her heart. “We really want to focus on pro bono
that as a bonus to your salary is just awesome.”
work and bringing attention to children’s legal issues,” she
Duvall’s new job will be a homecoming of sorts. She was
said. As part of the organization, she hopes to implement
born and raised in Richmond and now will work there, but
a program where teams of students would be on call to
still plans to live in Charlottesville because her husband is
fulfill practicing attorneys’ research requests, as well as have
opening a restaurant, Eppie’s, on the Downtown Mall. 
Hunton & Williams Teams with Law School on Asylum Case
IN DECEMBER 2005, NINE LAW SCHOOL STUDENTS teamed
Caldwell ’04. Although the students were not present in court
up with two Hunton & Williams attorneys on the case of a
throughout the trial, their research efforts and preparations for the
Senegalese woman seeking political asylum in the United States.
case were critical in overcoming the greatest challenge of the case,
Tried in the Immigration and Naturalization Court of Baltimore,
said Farnham. “There was absolutely no available documentation
the case resulted in a victory for the UVA/Hunton & Williams team,
proving the existence or time frame for even one segment of our
awarding asylum to the client and ending her six year struggle to
client’s epic journey.”
escape life-threatening persecution in her native country.
The plight of their client, who wished to remain anonymous
The students proved themselves extremely resourceful in
rebuilding the factual support for their client’s asylum claim. Yeagle
for this article, began in 1999 in West Africa in her native country
worked to translate French documents and speak the language in
of Senegal. As punishment for her involvement in a movement for
phone calls to Senegal, while Darr researched the conditions of the
independence, she was detained and gang-raped by soldiers in the
client’s home country, a key factor in the judge’s decision to allow
Senegalese Army. With the help of family members, she managed
her to remain in the U.S.
to escape to Mexico where she was robbed of all her belongings
“We each had substantive work to do, and it was a great
and documentation. As she lay prone in the false bottom of a
experience to be part of a team doing real legal work for clients on
pick-up truck, Mexican border smugglers spirited her into the U.S.
a weekly basis,” said Rooksby.
In 2001, Eight weeks after leaving Africa she found shelter in New
Pete Johnson, Chair of the Hunton & Williams’ Richmond
York City without proof of her identity or the legal justification for
office Pro Bono Committee, commented, “This was a very difficult
seeking asylum.
case legally and factually, and yet the team overcame all the
Law School students Rachel Cella, Tommy Goodman, Adam
obstacles. Without the team’s hard work, this result would have
Trouner, Jacob Rooksby, Krissie Darr, Katie Youman, James Yeagle,
been impossible, and our client would not have had a chance of
and Brian Malbacho participated in this case as a part of the Law
remaining in the United States.”
School’s pro bono partnership with Hunton & Williams, established
Adding to a courtroom victory, the UVA/Hunton & Williams
in 2005, and coordinated by Dean Kimberly Emery ’91 to involve
partnership was further successful as a learning experience for the
students with asylum cases and custody and support cases for
students involved. Exposed to “great resources, an organizational
victims of domestic violence.
structure and the ability to work with a group of dedicated
This particular project paired the students with Hunton &
attorneys” Darr is grateful to be involved in this project and finds
Williams attorneys from the Richmond office, including Jim
herself “inspired to continue work on these very important pro
Farnham, Rita Davis, the firm’s current Pro Bono Fellow, Angela
bono cases.” 
[16] UVA Lawyer • spring • 2006
Law School News
Powell Fellow to Aid Mississippi’s
Disadvantaged Children
T
he more third-year law student Tiffany Marshall
investigated how Mississippi deals with
incarcerated children who need mental
health treatment, the more she knew she wanted to
help. Mississippi’s two state-run juvenile correction
centers—called training schools for their paramilitary
style of rehabilitating prisoners—have been cited by the
Department of Justice for inflicting the worst abuse the
agency has investigated in 20 years. According to a 2004
department report, three young women who were suicidal
were isolated with no food for several days, with a hole in
the ground for a restroom. Another young man repeatedly
requested treatment for depression but was rebuffed until
the Justice Department stepped in.
“Mississippi just hasn’t developed an effective way of
dealing with kids who are exhibiting criminal behavior at
an early age,” Marshall said. An estimated 85 percent of
youth in the training schools and juvenile detention live
with some form of mental illness. “We’re talking about kids
who have oftentimes limited capacities as it is, who are
committing these crimes and are really crying out for help
in a lot of ways—and they’re not getting it.”
Their needs will soon receive more attention with
“At some point, these kids are going to
transition back into your communities.”
Marshall’s help. As the recipient of this year’s Powell
Fellowship, Marshall has earned the school’s highest honor
for a graduate pursuing a public service career. The award
great deal of need, legal and otherwise, and states where
provides a $35,000 salary for one year, with the expectation
I felt like there was a great deal of need for competent,
of renewal the second year, allowing her to work at no cost
effective legal advocates,” she said.
to a partner public-interest organization.
“I was certainly surprised and very humbled to have
She quickly zoned in on Mississippi, a state with few
legal services organizations, but with one prominent
received it,” Marshall said. “To be one of those students
Jackson-based newcomer with which she could partner: the
who the Law School felt would take this fellowship and use
Mississippi Center for Justice, which opened in 2002.
it well, and represent the Law School well, is an incredible
honor.”
Marshall, a Winchester, Va., native, decided when
Marshall praised the center’s advocacy efforts on behalf
of disadvantaged and low-income people and communities,
including Medicare class-action litigation and instigating
looking for her first job as a public-interest attorney to
improvements to the state’s prison system. “Just to be a part
focus on the Deep South.
of that organization I thought would be really exciting.”
“I had decided to target states where I felt there was a
The center recently collaborated with the Southern
UVA Lawyer • spring • 2006
[17]
Law School News
Poverty Law Center to pass the Juvenile Justice Reform Act
a project that allowed me to work for incarcerated
of 2005, which requires children to be screened for mental
children, because that’s when I came to really get a feel
health disorders, and if diagnosed, to be treated within 48
for the statistics, the number of kids who are incarcerated
hours.
who suffer from mental illness and the lack of services
“One of the things I’d like to do is make that less than
their mental health issues,” she said. “I was able to put
options that currently exist to determine whether or not
the practical work from JustChildren into context. I
kids have mental health illnesses,” Marshall said. “The law
thought, this is a real problem, and it’s not being addressed
says ‘certain’ mental health screening, and that concerns
adequately.”
me—that we may only be focusing on a small category of
types of mental health problems.” She plans to research the
issue to see if screening can be expanded.
But “having that piece of legislation at my disposal will
make advocating for these kids a little bit easier,” she said.
In addition to advocating for individual clients,
Her work has prepared her well for the next step—
helping to change a broken system in Mississippi.
“The tactics that the training schools have employed
to deal with kids with mental health problems have been
horrendous,” she said, noting that prison officials are not
trained to deal with such cases. “The children need help,
Marshall plans to effect systemic change in the provision of
they need treatment. They need services, counseling. The
mental health services for incarcerated children.
services aren’t there and unfortunately the support and
Marshall, a Hollins University graduate in political
science and Spanish, has been working on behalf of
trained staff isn’t there.”
Mississippi’s two training centers, Oakley and Columbia,
children since college, when she began tutoring girls in
house a predominantly African-American population of
detention centers in Roanoke, Va. She also instructed
several hundred children. Many come from the foster care
children in an after-school program for at-risk youth in the
system and migrate directly to the juvenile justice system.
area. After college she became an academic counselor for
“Not only are they neglected in foster families and by
Virginia Tech’s Upward Bound, a program to ensure that
the state’s lack of control of the foster care system—they
disadvantaged kids who show academic promise pursue
then go into the juvenile justice system and they continue
postsecondary education. Marshall helped students select
to be abused,” she said. “It’s almost as though these kids are
the right courses to prepare for college, prepared them for
not able to catch a break.”
the SAT and ACT, and secured them financial aid.
“That was just a very rewarding experience for
Marshall plans to increase awareness of mental illness in
incarcerated children among legislators and advocates, but
me,” she said. “My program strived to give at-risk high
also in communities, where she hopes to build a coalition of
school students hope by helping them build a future for
support for treatment.
themselves.”
During her first-year summer in law school she worked
“I think a lot of what I’ll be doing is actually in the
community, and trying to make the issue relevant for
for the JustChildren program of the Legal Aid Justice Center
parents who don’t have incarcerated kids, to let them see
in Charlottesville, where she helped children who needed
that at some point, these kids are going to transition back
mental health treatment. The next summer she interned
into your communities,” she said. “To the extent that we can
with the Central Virginia Legal Aid Society and spent 10
ensure they are receiving appropriate treatment while they
weeks with the Children’s Law Center of Massachusetts,
are detained, it benefits everyone.
where she helped an attorney put together a memo
“In society in general there’s a stigma attached to mental
assessing the needs of 16- to 21-year-olds in the North
health problems and I think it’s very prevalent in minority
Shore region of Massachusetts, concentrating on mental
communities,” Marshall said. “One of the challenges I’ll face
health needs.
is helping them to see that the treatment and services that
“I also focused on the statistics around incarcerated
[18]
to support them in recovering, or at least dealing with,
48 hours and also expand the screening and other testing
are out there to overcome these illnesses will make their
kids in that age group who suffer from mental health
lives better and make them more productive people, and
illness. That work really solidified my interest in developing
hopefully will help them build more successful futures.” 
UVA Lawyer • spring • 2006
Law School News
Almstead Receives State Bar Pro Bono Award
who has worked extensively in the
T
the Legal Aid Justice Center in Charlottesville
community on behalf of low-income
and spent his second summer working in
residents on housing, consumer, and disability
the Housing Unit of the Legal Aid Society of
issues, has been named the 2006 recipient of the
Hawaii, where he advised housing projects on
Virginia State Bar’s Oliver W. Hill Law Student
compliance with federal laws.
hird-year law student Ryan Almstead,
During his first summer he worked for
Pro Bono Award.
The award, named for a Richmond lawyer
This year Almstead’s pro bono efforts
included volunteering with the Bazelon
who was instrumental in the cases that
Center for Mental Health Law, a nonprofit
desegregated public schools, will be presented
in Washington, DC, working on a digest of
during the 16th Annual VSB Pro Bono Conference
fair housing law cases designed to provide
on April 26 at UVA’s Miller Center for Public Affairs.
“It’s really quite flattering,” Almstead said, noting that
recent recipients include Angela Ciolfi ’03 who also received
a Powell Fellowship, and a University of Richmond student
technical assistance to advocacy groups. The cases include
“everything from putting in ramps … to how eviction rules
apply if a tenant has a mental illness.”
Prior to law school, Almstead worked at a public policy
who worked to fight discrimination against Sikhs after 9/11.
research center at the Kennedy School of Government;
“Just considering you’d be in the same line as those people
taught middle-school English literature; preserved Native
is pretty remarkable.” Almstead is the second Virginia
American archaeological sites in upstate New York; and
student to receive the award since it was established in 2002.
volunteered at a nursing home in Costa Rica that provided
During his second year of law school Almstead served as
co-chair of the Conference on Public Service & the Law. He
free services for former agricultural workers.
After the school year ends Almstead will work at the
has also participated in the Migrant Farmworkers Project
Legal Aid Society of Northeast New York in Saratoga
and the Human Rights Program, served as president of the
Springs. “It should be a good mix of housing, consumer,
student chapter of the National Lawyers Guild, and was
trusts and estates, and public benefits law,” he said. “I feel
a board member of the Public Interest Law Association,
really lucky—that’s where I grew up. I’m really fortunate to
an organization that raises funds for student summer
have found a job [in public service] and be hired right out
fellowships. He has been honored with the Law School’s
of law school.”
Mortimer Caplin Public Service Fellowship and the Claire
Corcoran Award for Public Service.
“One of the things that spurred me on to do pro bono
The region, home to the famous Saratoga horse race,
faces housing concerns due to its status as a hot vacation
spot for the wealthy. “Because you have all these people
work in the Charlottesville area is just the idea that we
coming to Saratoga for July and August, most of the leases
should take part in our community and help out our
for residents only run from September to June, which puts
neighbors and be involved in the things that are happening
low-income people in a difficult spot. They really have no
around us,” Almstead said.
recourse for those other two months of the year,” he said.
“Ryan has made an extraordinary commitment to
pro bono and public service, even before he came to law
school,” said Kimberly Emery, Assistant Dean for Pro
Almstead’s community involvement may also extend to
local politics one day.
“Too often we don’t see the connection between what
Bono and Public Interest. “He came to law school with the
is going on and participation in local government,” he said.
explicit goal of helping low-income clients in need of legal
“We have a tendency to read the New York Times and think
assistance, and has logged more than 550 hours of public
those are the big important things, but in reality there’s a lot
service, not including his summer internships in legal aid.”
of important stuff that needs to be done around us.”

UVA Lawyer • spring • 2006
[19]
Law School News
Trodden ’05 Wins Skadden Fellowship to Focus on
A
lthough central Virginia and the Shenandoah
Valley employ a high number of migrant
farmworkers, changing demographics and
increasing growth in the area have led to a less-evident
population of urban immigrant workers that legal services
groups have more trouble finding.
“There’s a large population of more settled workers—
construction workers, painters, drywall workers, restaurant
staff, hotel cleaners—who were really falling through the
cracks—who weren’t getting much in the way of legal
services and who desperately needed it,” said Erin Trodden
’05, describing her experience during her second-year
summer working for the Virginia Justice Center for Farm
and Immigrant Workers, a statewide project of the Legal
Aid Justice Center in Charlottesville.
After graduation, Trodden channeled her observations
into a proposal to address the problem and was rewarded
with a Skadden Fellowship, an honor given by law firm
Skadden, Arps, Slate, Meagher & Flom to 25 graduating
students and outgoing law clerks pursuing public service
the Virginia Justice Center to help exploited immigrant
hundreds. (This year four additional fellowships were
workers, starting next fall.
funded.) Other fellows have planned projects on issues such
“Erin’s fellowship comes at a great time for our
as housing discrimination, literacy among teens, predatory
program, as we’re rebuilding our statewide outreach
lending, aggressive medical bill collecting, domestic
component,” said Virginia Justice Center managing attorney
violence, and health care access for immigrants. The
Tim Freilich ’99, who praised Trodden’s dedication to her
fellowship offers a $46,000 salary with benefits for a year
clients. “I think the project is going to fill an important
with the expectation of renewal the second year.
gap—reaching out to low-wage immigrant workers who
“It’s very competitive,” said Trodden, who is currently
are not in the traditional migrant farmworker stream,
clerking for Judge Norman K. Moon of the U.S. District
letting them know there is help available, and ensuring that
Court in Lynchburg, Va. “I knew I had a good project, but
they have access to justice.” Freilich also earned a Skadden
they’re all good projects. Dean [Kimberly] Emery and the
Fellowship, which he used to ensure that immigrant
Public Service Center were hugely helpful in giving me
workers with H-2B visas were properly paid for their work.
direction and actually putting together my application.”
“It’s one of the most prestigious public service
[20]
The fellowship allows Trodden to again partner with
careers each year nationwide, from an applicant pool of
Many legal services groups are unable to represent
undocumented workers because a major source of their
fellowships, and one of the most generous,” said Emery,
funding, the federal Legal Services Corporation, requires
Assistant Dean for Pro Bono and Public Interest and Co-
organizations to focus on documented workers and citizens.
director of the Mortimer Caplin Public Service Center. “That
The Virginia Justice Center has sought funding from other
kind of innovative outreach project was appealing to the
sources in order to be able to serve those immigrant workers
Skadden Foundation. Also, Erin’s just an outstanding person.”
most in need, regardless of their immigration status.
UVA Lawyer • spring • 2006
Law School News
Immigrant Workers
Young ’83 Joins Thomas
Jefferson Foundation
Melissa Young ’83, left the Law School Foundation in
“Undocumented workers are still entitled
April to become vice president for external affairs of the
to be paid for their work under the Fair Labor
Thomas Jefferson Foundation, Inc., the private, nonprofit
Standards Act and other regulations,” Trodden
corporation that owns and operates Monticello. She will
said. “They still have some basic employment
oversee Monticello’s development, public affairs, and
protections.”
communications departments. Her new email address is
Immigrant workers frequently face
exploitation in the workplace through
myoung@monticello.org .
Young joined the Foundation in 2002 as associate
nonpayment of wages or overtime, unauthorized
executive director and chief operating officer. She was then
deductions in paychecks, and discrimination,
promoted to executive vice president and chief operating
including sexual discrimination, she said.
officer with direct supervisory responsibilities over annual
Trodden plans to target the hidden pockets of
immigrant workers through methods similar to
those used by the Virginia Justice Center branch
giving, communications, the treasurer’s office, and alumni
relations.
“Melissa has done an excellent job serving as Law
in northern Virginia, where urban workers are the
School Foundation liaison with the Dean over the last four
primary immigrant population. “I’ll be reaching
years,” said David Ibbeken, Foundation president and chief
out to workers at community events, churches,
executive officer. “Her administrative skills insulated the
restaurants, stores, and day labor corners, as well
development staff from day to day operational problems,
as spreading the word through other organizations
freeing them to do what is necessary to sustain our high
that work with immigrants in Virginia,” she
levels of private support. We are grateful to her and wish
said. She also plans to work more closely with community
her well in her important
organizations, building on the collaboration begun by a
assignment at Monticello.”
Central Virginia Legal Aid Society conference last spring.
An Arlington, Va. native, Trodden studied the
“We will miss Melissa’s
organizational skill, tenacity,
humanities at the UVA as an undergraduate, spending one
and deep passion for the Law
summer in Spain and volunteering for work in Mexico
School,” said Dean John C.
and Honduras, where she was able to practice her Spanish
Jeffries, Jr. ’73. “She is leaving
skills. After college she joined the Peace Corps, working
the Foundation in wonderful
in Bolivia on sanitation issues and community health. At
shape and should be very
the Law School, she served as the president of the Migrant
proud.” 
Farmworker Project.
“It got you out into the community; it got you talking to
real people,” said Trodden, who also served on the Virginia
Law Review. She volunteered for outreach to migrant
worker camps in Albemarle and Nelson counties, home
to many apple orchards. After her summer working at the
Virginia Justice Center, an internship that was funded by a
Public Interest Law Association grant, “I realized that was
really the work that I wanted to do.
“I like feeling that I actually can make a positive impact
with my education,” she said.

[21] [21]
UVA Lawyer
UVA Lawyer
• spring• spring
• 2006 • 2006
Faculty Briefs
In March, Ken Abraham spoke at a
Lillian BeVier received this year’s
conference in Washington, DC, on
University of Virginia Alumni
“Catastrophic Risk Insurance: The
Association Distinguished
Search for a Long-Term Solution.”
Professor Award. This all-University
The conference was convened in
award recognizes exceptional
the wake of public policy issues
teaching by a professor who has
raised by Hurricane Katrina.
demonstrated concern for students
Abraham was on a panel analyzing
and contributed significantly to
the proper balance between public
University life.
and private expenditures for reducing the risk and dealing
BeVier was also on a panel that addressed the question
with the consequences of catastrophic natural disasters such
“Who is the press?” at the Federalist Society Lawyers
as hurricanes, earthquakes, and floods.
Convention in November. BeVier argued that bloggers
ought to be permitted to claim the “media exemption” from
campaign finance regulations (“McCain-Feingold”). BeVier
also participated in a symposium on reporter’s privilege at
Michal Barzuza will be publishing
Ohio Northern University Law School on March 24. She
her paper “The Market for
talked about the press-accountability issues that recognizing
Corporate Law” in the Journal
the privilege raises.
of Institutional & Theoretical
Economics (with Oren Bar-Gill
and Lucian A. Bebchuk). The
paper develops a model of the
In October, Richard Bonnie ’69
competition among states in
presented “Pandemic Flu: Legal
providing corporate law rules. The
Challenges” to the Virginia Public
analysis provides a full characterization of the equilibrium
Health Association, Charlottesville,
in this market. Competition among states is shown to
and in December presented the
produce optimal rules with respect to issues that do not
keynote address, “Reforming Civil
have a substantial effect on managers’ private benefits, but
Commitment: Serving Consumers’
not with respect to issues (such as takeover regulation)
Needs While Protecting Their
that substantially affect these private benefits. The authors
Rights,” at The Chief Justice’s
analyze why a dominant state such as Delaware can emerge,
Conference on Reforming the Civil Commitment Process in
the prices that the dominant state will set, and the profits
Richmond.
it will make. The results of the model are consistent with,
In January, he served on Virginia Governor-elect Tim
and can explain, existing empirical evidence. Finally, the
Kaine’s Policy Transition Team on Health and Human
analysis highlights the importance of the rules governing
Services. Also in January, he presented at Grand Rounds
reincorporation and the potential benefits of giving
for the UVA Department of Neurology on “Termination
shareholders the power to make reincorporation decisions.
of Life-Sustaining Treatment of Patients in a Persistent
Vegetative State.”
UVA Lawyer • spring • 2006
[23]
Faculty Briefs
Professor Edwin S. Cohen ’36 (1914–2006)
Honored at Memorial Service
Edwin S. Cohen ’36, Joseph Hartfield Professor of Law
appointed Under Secretary of the Treasury and
Emeritus, died January 12 at his home in Charlottesville.
served in that position until his resignation in
He was 92.
1973. In recognition of his distinguished service,
The Law School hosted a memorial service for
Cohen was awarded the Treasury’s highest honor,
Professor Cohen on Saturday, February 18 in Caplin
the Alexander Hamilton Medal.
Pavilion. The ceremony honored Cohen’s life and
After his stint in the Treasury Department,
focused on his public service in government and as a
Cohen resumed teaching at Virginia and
teacher. Keynote speaker Michael Graetz ’69, a former
practicing law with Covington & Burling in
student and protégé of Cohen’s at the U.S. Department of
Washington, DC. Later he became partner and
Treasury, and now Justus S. Hotchkiss Professor of Law at
senior counselor at the firm until his retirement
Yale University joined Dean John C. Jeffries, Jr. ’73; Caplin
in 1986.
Drysdale co-founder Mortimer Caplin ’40; former law partner Don
According to an obituary written by Adam Bernstein in the
Schapiro; Cohen’s former Treasury assistant F. David Lake, Jr. ’67; his
Washington Post, Professor Cohen played a major role in the
daughter Wendy Cohen, and his son Edwin C. Cohen ’67 to reflect
formation of modern tax policy and contributed heavily to the
on Professor Cohen’s career and professional life. More than 150
Internal Revenue Code of 1954, a massive overhaul of the federal
former students, colleagues, friends, and family attended.
income tax system. He continued teaching at the Law School until
Born September 27, 1914 in Richmond, Professor Cohen was
a 1933 Phi Beta Kappa graduate of the University of Richmond.
2005.
At the memorial service, Graetz referred to Professor Cohen’s
After graduating from the Law School in 1936, he went to work for
well-known sense of humor, citing his memoir, A Lawyer’s Life: Deep
Sullivan & Cromwell, where he began to specialize in taxation and
in the Heart of Taxes, and saying “Eddie and I never saw each other
investment matters and afterwards gave lectures on the subjects.
without laughing together. Edwin Cohen was a genuinely funny
In 1949 he formed the New York firm Root, Barrett, Cohen, Knapp
man. He had a remarkable sense of humor. He loved humor in any
and Smith with some of his former law classmates and continued
form, but most especially he loved doggerel, and he loved the pun.”
doing tax work for the mutual fund industry. He remained with
that practice until 1965.
Cohen had always been interested in teaching, and in 1963,
Dean Hardy Dillard offered him the opportunity to teach law at
his alma mater. For two terms he commuted from Manhattan
Calling Cohen “an unflappable optimist,” Graetz said “Eddie’s
passions, his energy, his courage, and his sense of humor should
inspire young lawyers to … worry less about their security, to think
less about the BMW payments, and instead to take some chances.
“Like his career itself, Eddie’s optimism should stimulate the
to Charlottesville twice a month to teach a tax course. After the
coming generation of lawyers to pursue similarly broad and
second course he was offered a visiting professorship, and a year
fulfilling professional lives. But to make it happen, they must be
later, an appointment to the faculty. In 1968 he was named to the
very clear about their goals and muster great energy and courage.
Joseph M. Hartfield Chair. Shortly after he joined the law school
Serendipity is not likely to suffice. I hope Eddie’s life will also inspire
faculty, he led an effort to conform the Virginia income tax to the
people in positions of power at law firms and on law faculties to
federal tax, simplifying the tax life of millions of Virginians. Much
strive to ensure that the kind of rewarding, multi-dimensional
later he was instrumental in the founding of the Virginia Tax Review
career that he so enjoyed will remain possible for the generations
and the Virginia Tax Study Group which meets semi-annually at the
of lawyers who follow.”
Law School.
In 1969 the Nixon administration designated him Assistant
[24]
Cohen was survived by his wife, Helen, who passed away on
March 23. She was 92. They are both survived by three children:
Secretary for Tax Policy to work with Secretary of Treasury David
Edwin C. Cohen ’67 of New York, New York; Roger Cohen of
M. Kennedy and Under Secretary Charles E. Walker. In 1972 he was
Denmark, Maine; and Wendy S. Cohen of Charlottesville. 
UVA
UVA Lawyer
Lawyer •• SPRING
spring •• 2006
2006
Faculty Briefs
In March, Bonnie presented “Alternative Legal Frameworks
Risa Goluboff published a
for Organ Donation” at the Conference on Organ Donation
comment in a forum in the Law
sponsored by Institute for Practical Ethics in Charlottesville,
and History Review on an article
and “The Challenge of Increasing Deceased Organ
by James Henretta about Charles
Donation” at Medical Center Hour, UVA Medical School.
Evans Hughes. Her comment was
In April, a committee of the National Academy of
titled “Deaths Greatly Exaggerated.”
Sciences, Institute of Medicine, on which Bonnie served,
Goluboff is serving on the program
released a report evaluating various proposals for increasing
committee for the American
the rate of deceased organ donation and proposing an
Society for Legal History 2006
“ethically acceptable strategy” for doing so.
Annual Meeting. She gave a Legal Studies Colloquium at
In May, Bonnie will present “Facilitating Advance
Stanford Law School and commenting on Akhil Amar’s
Planning for Long-Term Care” at the Third Conference of
new book, The American Constitution: A Biography in a
the Max Planck International Research Network on Aging
panel discussion at the Law School. Goluboff will also
held in Charlottesville. Bonnie is a member of MaxnetAging,
be on a panel at the Miller Center’s American Political
a partnership between the Max Planck Society, the
Development conference commenting on Thomas Sugrue’s
University of Virginia, and the Karolinska Institute in
new book, Sweet Land of Liberty.
Stockholm. Also in May, he will present “The Right to Vote
and the Legal Relevance of Declining Mental Capacity” at
the Annual Scientific Meeting of the American Psychiatric
Association in Toronto, and “Mental Disability and the
Mitchell Kane ’96 presented “Risk
Death Penalty: Emerging Issues” at a forum convened by the
and Redistribution in Open and
American Bar Association in Washington, DC.
Closed Economies” at a University
of Pennsylvania Law School faculty
workshop in March and at a New
York University tax colloquium in
The National Association of
April. This paper argues that under
Women Lawyers (NAWL) named
the normal operation of accepted
Anne Coughlin as co-chair of
international tax instruments,
the Committee for the Evaluation
certain jurisdictions systematically tax away part of the
of Supreme Court Nominees.
upside gains on risky investment, while other jurisdictions
The committee reviews and
systematically bear a part of the downside cost of losing
evaluates the qualifications of each
investments. This leads to a phenomenon that Kane calls
presidential nominee to the United
divergence, which appears to redistribute large sums
States Supreme Court with an
across nation states in ways that have not been previously
emphasis on laws and decisions regarding women’s rights
appreciated.
or that have a special impact on women. Members of the
He also presented “Ownership Neutrality, Ownership
committee are appointed by the president of NAWL and
Distortions and International Tax Welfare Benchmarks”
include a distinguished array of law professors, appellate
at the University of Pennsylvania Law School tax policy
practitioners, and lawyers concentrating in litigation, with
seminar in April. The paper analyzes the empirical and
diverse backgrounds from around the country and who
theoretical arguments for adopting international tax welfare
work in a variety of professional settings. Founded more
benchmarks that are keyed to ownership distortions.
than 100 years ago, NAWL has members in all 50 states and
engages in a variety of programs and activities to advance
its mission.
UVA Lawyer • spring • 2006
[25]
Faculty Briefs
It concludes that existing empirical evidence does not
West Publishing Group recently
provide a good indication of the magnitude of ownership
contracted with Doug Leslie to
distortions, as compared to locational distortions. The
acquire his self-created archive of
paper’s chief theoretical contribution is to describe the
CaseFiles. Leslie will be the editor
many tax and non-tax features of the global economy that
in chief of a newly created division
can lead to ownership distortions.
within West. In Leslie’s CaseFile
method, students read a fictional
fact pattern and analyze it through
the framework of precedents
Michael Klarman spent the
included in each day’s reading. Leslie spends class time
2005–06 year visiting at Harvard
asking students to apply the precedents to the fact pattern
Law School. In October, he
by making “on the one hand/on the other hand” kinds of
presented his article “Brown and
arguments. Each day’s lesson is a self-contained segment of
Lawrence (and Goodridge)” at
the course.
a Harvard Law School faculty
Initially, West plans to publish the CaseFiles Leslie
workshop and constitutional
has created in contracts, property, employment law, and
law conference. In November,
labor law. But West is seeking law professors from around
Klarman participated in a panel
the country to author CaseFiles in new courses. As editor
at the annual conference of the American Society for Legal
in chief, Leslie will provide new professors guidance on
History, titled “Author Meets Critics: From Jim Crow to Civil
authoring CaseFiles to ensure that each accomplishes the
Rights.” In January, he taught a 12-hour seminar on Early
goals of the method. Ultimately, West plans to publish
American Constitutional History to California state judges
CaseFiles for the entire law school curriculum, and hopes
in Monterey in their Continuing Judicial Studies Program.
to have a CaseFile circulation equal to that of its two series
In February, Klarman presented his book project “Backlash”
of traditional casebooks, the Foundation Press Series
to a faculty workshop at Northeastern University Law
(navy blue covers), and West Group Series (brown covers).
School. He presented the same manuscript at a legal history
Speaking on the magnitude of this deal, Dean John C.
workshop at Yale Law School in March and to another
Jeffries, Jr. ’73, said, “This may be the only really significant
legal history workshop at Boston University School of Law
innovation in the design of teaching materials that I’ve seen
in April. Also in April, Klarman participated in a panel
in the 30 years I’ve been in the business.”
at Harvard Law School titled “Courts and Social Reform
Movements” and presented his chapter on “Scottsboro” at
a conference there marking the publication of Criminal
Procedure Stories (edited by Carol Steiker). In May, Klarman
In November, Elizabeth Magill ’95
gave a talk on his book, From Jim Crow to Civil Rights, at
received a scholarship award from
the Social Law Library in Boston, and in June is giving
the American Bar Association’s
a book talk at the New York Historical Society. Also in
Administrative Law Section. The
May, Klarman plans to take part in a daylong seminar
award recognized her University
with Florida state judges titled “Judicial Independence in
of Chicago Law Review article,
American History.”
“Agency Choice of Policymaking
In April he attended Opening Day at Fenway Park.
Form” as the best article published
in the field of administrative law
in 2004. In January 2006, along with Professor Steven P.
Croley of the University of Michigan’s Law School, Magill
presented “An Empirical Picture of the Administrative
State,” the results of their research about the nature of
[26]
UVA Lawyer • spring • 2006
Faculty Briefs
agency decision making and how that has changed over
University of Illinois-Chicago, and will present the for-
time. In April, Magill presented a paper at the Law School
profits charities paper at the American Law and Economics
and at Princeton. The paper is one part of a larger project
Association meetings in May. Malani presented a paper
she has been working on during her fellowship at Princeton
on non-profit advertising at the Midwestern Law and
about the creation of a new generation of health, safety,
Economics Association meetings in October.
and environmental agencies in the 1960s and 1970s and the
implications of that new regulatory regime for law.
Malani was selected to participate in a Robert
Wood Johnson Foundation grant for studying antibiotic
resistance, is also on the steering committee of the
University of Chicago Pharmaceutical Policy Program
funded by Merck, and was selected to be a core member
Anup Malani is visiting at the
of the DEEP-C lab at Princeton/Resources for the Future.
University of Chicago Law School.
The lab is sponsored by the McDonnell Foundation and
He has six new working papers:
studies infectious diseases. Finally, Malani is organizing
“Incentives to Surveil and Report
a conference on medical malpractice at the University of
Infectious Disease Outbreaks,”
Chicago Law School in May.
(with Ramanan Laxminarayan);
“Valuing Laws as Amenities;”
“Addressing the Supply of New
Antibiotics;” “The Role of Medicare
In 2005, David Martin participated
in Regulating Antibiotic Use;” “Physiological Placebo Effects
in several projects for the Migration
Mediated by Expectations” (with Dan Houser); and “Why
Policy Institute, headquartered
Are There No For-Profit Charities?” (with Eric Posner). He
in Washington, DC, where he
has two forthcoming publications: “Identifying Placebo
serves as a Nonresident Fellow.
Effects with Data from Clinical Trials” in the April Journal of
His work included the publication
Political Economy and “Habeas Settlements” in the Virginia
of a monograph titled “Twilight
Law Review. Malani also has two new papers under review
Statuses: A Closer Examination
at journals: one at the Journal of Legal Studies titled “Forget
of the Unauthorized Population.”
Quality. Do Non-Profits Even Signal Their Status?” (with
The Institute also published his book, The United States
Guy David) and the other at the Journal of Econometrics
Refugee Admissions Program: Reforms for a New Era of
titled “Patient Enrollment in Medical Trials: Selection Bias
Refugee Resettlement, which was based on a lengthy study
in a Randomized Experiment.”
that the U.S. Department of State had chartered to consider
Malani also received a grant from Pfizer to study
difficulties that had arisen in the refugee program since
statistical methods for estimating heterogeneity in
September 11, 2001. A book-launch event in Washington,
treatment effects.
DC included commentary by government officials and
Malani presented the physiological placebo effects
persons active with refugee assistance organizations. Martin
paper at the American Economic Association meetings
also presented his report’s conclusions to a Washington
in January 2006 and the UVA General Clinical Research
meeting of the Board of Overseers of the International
Center conference in November. He also presented the
Rescue Committee, chaired by Tom Brokaw, and to a
surveillance paper at University of Chicago, the World Bank,
Plenary Session of the Joint National Conference of
Resources for the Future, and University of Illinois-Chicago.
Episcopal Migration Ministries and Church World Service.
He will present it at the WHO in Geneva, Switzerland, later
this spring. He also presented the law as amenities paper
In the fall, Foundation Press published Immigration
Stories, co-edited by Martin and Peter Schuck of Yale
at Northwestern University, University of Chicago, and
UVA Lawyer • spring • 2006
[27]
Faculty Briefs
University, one in a series of volumes that tells the litigation
Since June, Tom Massaro has been
and political history as well as the human stories that
a co-investigator on a project to
lie behind well-known cases often taught in law school
help build an infrastructure for
courses. The book includes Martin’s chapter on two asylum
providing psychosocial support for
cases based on the threat of female genital cutting, titled
HIV/AIDS orphans in Botswana.
“Adelaide Abankwah, Fauziya Kasinga, and the Dilemmas
Four faculty members from the
of Political Asylum.” Martin also published “A New Era
University have teamed with three
for U.S. Refugee Resettlement” in the Columbia Human
colleagues from the University of
Rights Law Review, and “Offshore Detainees and the Role of
Botswana to do a field study of
Courts after Rasul v. Bush: The Underappreciated Virtues of
the needs of the orphans and their caregivers. The team
Deferential Review,” in the Boston College Third World Law
has developed a caregiver’s manual to help the caregiving
Journal.
community deal with the challenges it faces.
Martin served as a faculty member for the Federal
Judicial Center’s National Symposium for United States
Court of Appeals Judges in Washington, DC in November.
He presented sessions on changes in U.S. immigration laws,
In February Paul Mahoney
including coverage of the REAL ID Act, enacted in May
gave the Judge Ralph Winter
2005.
Lectureship on Corporate Law and
Martin completed a two-year term as Vice President
Governance at Yale Law School. A
of the American Society of International Law in 2005,
video of the lecture, “Did the SEC
but continued to serve on committees preparing for the
Improve Corporate Disclosure?”
Society’s centennial observances this year, as well as on
is available online at the Yale Law
the search committee for a new executive director for
School Center for the Study of
the Society. He served as a commentator on a new book
Corporate Law. Former law clerks
by Noah Pickus on immigration and American civic
and students of Judge Winter established the lectureship
nationalism, in a session held at the Woodrow Wilson
to support lectures on corporate law and governance
International Center for Scholars in Washington, DC in
and related topics and to commemorate the judge’s
September. Later that month he took part in a conference
foundational corporate law scholarship and distinguished
at New York Law School titled “Immigration Law and the
career as a jurist.
Federal Courts.” In March, Martin gave an invited lecture
co-sponsored by California Western School of Law and
two research institutes of the University of CaliforniaSan Diego, on the topic “Are Birthright Citizenship and
Last fall, Richard Merrill traveled
Dual Nationality Good Ideas?” In April he participated
to China to assist the Chinese in
in Lewis & Clark College’s 44th annual International
their development of a new food
Affairs Symposium on “Pledges of Allegiance? Identity
safety law under the auspices of
in a Changing World.” His session involved a debate with
the Yale Law School’s China Law
Professor Stanley Renshon of the City University of New
Center (headed by Paul Gewirtz),
York on “Immigration and Identity,” including the issue of
which also organized a similar
dual nationality.
session on the law of defamation in
which Ken Abraham participated
in 2004.
[28]
UVA Lawyer • spring • 2006
Faculty Briefs
The John D. and Catherine T.
own field of federal courts. Nelson received the award at
MacArthur Foundation awarded
the Federalist Society’s National Student Symposium at
the University of Virginia a $4.5
Columbia Law School in February.
million grant for the final phase of
the Research Network on Mandated
Community Treatment, a threephase study on legally mandated
In January, Jeffrey O’Connell
treatments for people with mental
lectured on “Giving Economist
disorders.
Julian Simon His Due” at a
Directed by John Monahan, a nationally recognized
symposium sponsored by The
expert on mental health disorders, the study seeks to
Liberty Institute of New Delhi. The
provide scientifically sound evidence for developing
Institute will publish the text of the
effective policies and practices on whether, and how, to
lecture with the symposium papers.
mandate such treatments. The network members represent
In February an article by
the fields of psychiatry, psychology, sociology, social work,
O’Connell and co-authors Jeremy
economics and law. “The MacArthur Foundation founded
Kidd and Evan Stephenson, “An Economic Model Costing
this research network to fill a critical information gap in
‘Early Offers’ Medical Malpractice Reform: Trading
mental health law and policy,” said Jonathan F. Fanton,
Noneconomic Damages for Prompt Payment of Economic
president of the MacArthur Foundation.
Damages,” appeared in the New Mexico Law Review.
Begun in 2001, the network addresses an urgent
This spring, a chapter by O’Connell and John Linehan
national need. As involuntary treatment for mental
titled “The Rise and Fall (and Rise Again) of Accident Law:
disorder has shifted away from closed institutions to the
A Continuing Saga” appeared in the volume Law and Class
open community, the issue of mandating appropriate care
in America: Trends Since the Cold War (Paul Carrington
is often framed in terms of public safety and has stirred
& Trina Jones, eds., New York University Press). Also
intense debate among policymakers. “It is regarded in some
appearing this spring is an article by O’Connell and John
quarters as a violation of civil liberty,” Monahan said, “but I
Linehan in the Gonzaga University Law Review titled “Neo
believe that if done right, offering people ‘a deal’ can be an
No-Fault Early Offers: A Workable Compromise Between
effective and ethical way to get some patients the treatment
First and Third-Party Insurance.”
they really need, but otherwise might not receive.”
In May 2005, Dotan Oliar
Caleb Nelson received the Paul
participated in the Stanford/Yale
M. Bator Award given annually by
Junior Faculty Forum at Stanford
the Federalist Society for Law and
Law School in which the best 14
Public Policy Studies. This award
papers by non-tenured faculty in
recognizes a young academic, under
a wide variety of legal topics are
the age of 40, whose life, work, and
selected. Oliar’s paper was selected
ideals most closely embody those of
to the intellectual property session
the late Paul M. Bator, a legendary
and he presented his research on
professor who taught a generation
the Origins and Meaning of the Intellectual Property Clause.
of law students at Harvard and the University of Chicago.
In August Oliar participated in a week-long cybercamp
Nelson, who said that he is “thrilled and honored” by the
award, adds that the award is especially meaningful to him
because Professor Bator was a leading figure in Nelson’s
UVA Lawyer • spring • 2006
[29]
Faculty Briefs
in St. Helena, Calif., co-sponsored by the Berkman Center
In December the Ford Foundation
for Internet & Society at Harvard Law School and the
announced that Robert O’Neil
Berkeley Center for Law and Technology at the University
will be serving for the next two
of California at Berkeley School of Law. He presented a
years as the coordinator and
working paper on Indirect Liability in Copyright Law.
program director of its Difficult
In June 2006, his article “Making Sense of the
Dialogues program, which is
Intellectual Property Clause: Promotion of Progress as a
making $100,000 grants to 27
Limitation on Congress’s Intellectual Property Power” will
colleges and universities to address
be published in the Georgetown Law Journal.
campus tensions (racial, religious,
gender, sexual orientation, and others) across the country.
Also in December, O’Neil addressed the University of
Bob and Elizabeth Scott Turn the Page
Looking for “one last adventure” before they retire, Bob and
Elizabeth ’77 Scott are leaving Charlottesville for New York City
and Columbia Law School. Bob will be the first director of the new
interdisciplinary Center for the Study of Contracts and Economic
Organization, and Elizabeth will take a chaired professorship in the
law school where she will continue her work on juvenile justice
issues.
“My personal reaction is sadness at losing daily contact with
good friends,” said Dean John C. Jeffries, Jr. ’73. “Bob and Buffie Scott
have been mainstays of the Virginia faculty for many years, and they
will be sorely missed.”
In turn, the Scotts hold special regard for Dean Jeffries. “John
has been just fabulous. He has treated both of us extraordinarily
generously and has done a superlative job as dean. We feel a real
“I would talk to fellow deans and hear all the agonies they had in
sense of appreciation for how Virginia, through its leaders, has dealt
dealing with obstinate, obdurate faculty and rebellious students
with us over the years.”
and difficult staff members, and I just had none of that. I mean,
The Scotts have been at Virginia for 32 years, Bob as teacher
and dean and Elizabeth as a student and then faculty member.
collegial relationship that I had with everybody at the Law School.
“We have an incredible investment in this place and a son who’s a
I think it’s just a reflection of the really unique character of this
first year law student [Adam], so we’re very tightly linked here,” said
institution.”
Bob. “But we’re empty nesters now, and somehow we both have
Though relocating to New York, the Scotts plan to maintain
an intuition, a gut feeling, that this would be an exciting change in
their close relationship with Virginia. “Our loyalty and our affection
what otherwise would be a winding down of a career that typically
are very strong,” said Elizabeth, “and we will continue be a part of
occurs when you’re at our stage. Those are the kind of positive
this institution. I’m on the Foundation Board and will be involved
characteristics or considerations that led us to do this.”
in the Law School in that role. We anticipate that we will return
Bob recalls fondly his experience as dean of the Law School.
Among other things, it revealed the singular culture of Virginia.
[30]
it was just a remarkable ten years in terms of the congenial and
UVA
UVA Lawyer
Lawyer •• SPRING
spring •• 2006
2006
often to Charlottesville and that we will continue to have close
relationships with our colleagues and friends here.” 
Faculty Briefs
Michigan’s Faculty Senate on issues of tenure and academic
In March, Margaret (Mimi) Foster
freedom. In January he was a panel member (speaking
Riley spoke on “Regulation and
on academic freedom in clinical legal education) at the
Oversight of Stem Cell Research”
AALS annual meeting, followed by a keynote address
at a conference entitled The New
at the American Council on Education Fellows annual
Medicine: The Ethics and Policy
Professional Development Program. He delivered a speech
of Regenerative and Replacement
to a conference on academic freedom in February at the
Therapy, sponsored by the
University of Colorado-Boulder, and another at a similar
University of Virginia School of
conference in March at Brooklyn College. In March he
Medicine. In May she will speak
spoke at the spring workshop of the National Association
on “Regulation of Embryo Donation: Lessons from the
of College and University Attorneys in San Francisco, and
British Experience” at a Science, Technology, and Adoption
served this year once again as a judge of the annual Scripps-
conference at New York Law School.
Howard Journalism Awards.
Richard Schragger presented
Dan Ortiz submitted an amicus
“Can Strong Mayors Empower
brief on behalf of AARP and others
Weak Cities? Considering The
in Wisconsin Right to Life v. Federal
Power of Local Executives in a
Election Commission, a case before
Federal System” at UCLA and the
the Supreme Court concerning
University of Oregon this spring
campaign finance. In this case,
and presented it at a symposium
WRTL argued that although the
titled “The Most Dangerous
Bipartisan Campaign Reform Act
Branch? Mayors, Governors,
of 2002 (“McCain-Feingold”)
Presidents and the Rule of Law” at the Yale Law School in
restricted corporations and unions from running certain
March. The paper will be published in the Yale Law Journal
broadcasting advertisements within the days preceding
in October. The paper suggests reasons for the historic
a federal primary or general election, corporations and
weakness of the office of the mayoralty and argues that a
unions should be able to run individual ads that otherwise
strong mayor may be able to amass power on behalf of her
would be covered if they fell within a category WRTL
city by challenging the current relationship between local
described as “grassroots lobbying.” Ortiz also submitted an
governments and national and state governments.
amicus brief on behalf of The Reform Institute, Thomas
Mann, and Norman Ornstein in LULAC v. Perry, the Texas
redistricting case now before the Supreme Court. This brief
laid out the anticompetitive effects that gerrymandering
Stephen Smith ’92 was a panelist
typically leads to.
at the Lindquist & Vennum
Symposium at the University of
Minnesota Law School speaking
on “The Future of the Supreme
Court and Beyond: Institutional
Reform and Beyond.” He also
presented a paper titled “The
Supreme Court and the Politics
of Death” which will be published in the May issue of the
Minnesota Law Review. At faculty workshops at Columbus
UVA Lawyer • spring • 2006
[31]
Faculty Briefs
Yin, Once the Nation’s Top Tax Official,
Returns to Teach
Brevy Cannon
W
hen U.S. Representative Bill Thomas tapped
The nonpartisan JCT staff is the principal resource on
George Yin to head Congress’ Joint Committee
all tax matters for the Congress, serving both the House
on Taxation in 2003, Yin was already a veteran
of Representatives and the Senate. Maintaining the JCT’s
of Capitol Hill, having worked as tax counsel for the Senate
nonpartisan integrity while working closely with key
Finance Committee 20 years earlier. But Yin could not
legislative players is the biggest challenge for any JCT chief,
have predicted that he would be in the middle of so many
explained Yin. “If the JCT staff is to be as independent and
headline-grabbing issues. Even five months after stepping
nonpartisan as it should be, then there must necessarily be
down, Yin still has trouble giving a concise explanation of
some distance between the chief and any given member of
what he did there. “The job was so multifaceted, so many
Congress. On the other hand, if the skills and knowledge
different aspects of the job [that it’s difficult to summarize].
of the JCT staff are to be put to best use in the legislative
All I know is that every day, every week, every moment of
process, then there must be a certain proximity between the
my life was consumed by this job.”
chief and key players involved in the process at points when
Yin oversaw about 70 staff in six different locations—
primarily lawyers, economists, and accountants—who work
collaboratively with members of Congress and their staffs
important decisions are being made.” Achieving the right
balance is difficult but important, Yin said.
Holding one of the most influential tax policy positions
on every aspect of the tax legislative process, including
in the country, Yin was a voice of authority on the tax
developing tax proposals and analyzing their economic and
implications of Congressional bills. As taxes have gradually
legal effects, preparing background material for hearings,
insinuated themselves into nearly every aspect of our
testifying at hearings and markups, drafting Committee
society it has become increasingly unusual for Congress to
and Conference Reports, and helping draft statutory
take up an issue that does not involve taxes in some way.
language. The staff works most closely with the two
The JCT staff provides the final say on a bill’s revenue
tax-writing committees in Congress, the House Ways and
consequences (whether the proposal will increase or
Means and the Senate Finance Committees.
decrease revenues in the future and by how much). This can
be a highly contentious area with the fate of a bill rising or
falling with the revenue estimate determined by the staff. In
[32]
UVA Lawyer • spring • 2006
Faculty Briefs
addition, the staff carries out investigations and prepares
gap to be in excess of $300 billion each year, equivalent to
reports that can place the chief of staff in the middle of
the yearly cost of the entire Medicare program. Yin and his
issues that fill the headlines. For example, shortly before Yin
staff developed over 70 specific options to reduce the tax gap.
began his tenure, the staff investigated and reported on the
tax and compensation issues relating to Enron.
After Hurricane Katrina hit the Gulf Coast, Yin
described for Congress how various tax breaks could help
stimulate redevelopment of the area. He also worked on
The Congressional Fruitcake Episode
Yin was on the job only a few months before he became
several high profile tax bills, including the 2003 Jobs and
Growth Tax Relief Reconciliation Act, the 2004 Working
involved in a major partisan imbroglio that made the front
Families Tax Relief Act and the 2004 American Jobs
page of the New York Times. At the time, Democrats were
Creation Act.
complaining publicly about being shut out of the legislative
Yin often had the job of explaining complex tax laws
process by the Republican majority. During one of Yin’s
to legislators, and he always relished the challenge of
first appearances before the Ways and Means Committee as
explaining complex things as clearly as possible. He recalled
chief of the JCT, they demanded that a 90-page amendment
an observer, who was familiar with Yin’s experience as a
to a pension bill be read aloud (which fell to Yin). As Yin
former manager of a day-care center, remarking to him, “I
began dutifully reading the bill, the Republican chair
think it must be your background working with 5- and
6-year-olds that enables you to speak so
“If the Red Sox can finally win the World Series,
tax reform can certainly happen.”
clearly to these members of Congress.”
A native New Yorker and lifelong
Yankees fan, Yin drew on baseball to
comment on the perennial question of
whether the United States will ever make
fundamental reforms to the tax system. “As
attempted to press on and override the Democratic request
I told a group in Boston recently, if the Red Sox can finally
for a reading. When 71-year-old Rep. Fortney “Pete” Stark
win the World Series, tax reform can certainly happen.”
(D-Calif.) protested, Rep. Scott McInnis, a 50-year-old
Republican, muttered “Shut-up.” Stark responded angrily,
“Oh you think you are big enough to make me, you little
wimp? Come on. Come over here and make me. I dare
After ending his tenure as chief of staff, rather than
cash in on his JCT experience by becoming a lobbyist, Yin
instead chose to return to the Law School. “I took the JCT
job out of a sense of public service during an important
you. You little fruitcake. You little fruitcake. I said you are a
and difficult time for our country. I also took it because
fruitcake.’’
I thought it would be a personally enriching and fulfilling
Recriminations and mud-slinging from both parties
experience. When I decided to leave, it seemed natural to
followed and the “fruitcake” episode was in and out of the
get on with my life, which is as a law professor and not a
papers for almost a month. “I actually made the front page
lobbyist. UVA is also a fine school with good colleagues
of the New York Times—I am ‘the clerk’ who started to read
and students. Thus, I didn’t really consider staying in
the bill. I was relieved I wasn’t mentioned by name. I must
Washington and doing something other than teaching.” 
confess that I started to wonder what I had gotten myself
involved in,” Yin recalled.
Yin reported to Congress on ways to help close the “tax
gap,” the difference between the taxes owed under the law
and the amount actually paid. Recent estimates show the tax
UVA Lawyer • spring • 2006
[33]
Faculty Briefs
School of Law, Catholic University of America, Pepperdine
who has been arrested of his right to contact his consul, and
School of Law, and the University of San Diego Law School,
that the interpretation of the Convention propounded by
Smith presented “‘Innocence’ and the Guilty Mind.” Smith
the International Court of Justice was not binding on U.S.
was also a moderator on a criminal law panel at the UVA
courts. In November Stephan spoke at the annual meeting
Conference on Public Service and the Law, and was a
of the American Association for the Advancement of Slavic
named signatory on an amicus brief on the winning side
Studies on Democracy and Liberalism in Russia.
in Rumsfeld v. FAIR urging the Supreme Court to uphold
Stephan gave a reprise of this performance at the
a congressional mandate that law schools give military
Rotunda, along with UVA colleagues Allen Lynch of the
recruiters equal access to the on-grounds recruiting process.
politics department and Hugh Ragsdale of the history
department. His upcoming speaking engagements include
a presentation at Vanderbilt Law School as part of a
Roundtable on Current Issues in International Law and
Chris Sprigman has a new paper
participation in a panel at the Annual Meeting of the
with Kal Raustiala of UCLA titled
American Society of International Law on the significance
“The Piracy Paradox: Innovation
of decisions of the International Court of Justice in U.S. law.
and Intellectual Property in
Fashion Design” that he presented
in April at a conference at MIT.
The paper has been selected by
In September 2005, Rip Verkerke
the Berkeley Center for Law and
was appointed a Master in
Technology at Boalt for inclusion in
Robinson-Smith v. GEICO, an
their Law and Technology Scholarship paper series.
overtime pay collective action
being litigated in the federal district
court in Washington, DC. Verkerke
prepared recommended findings of
Paul Stephan’s ’77 article “Process
fact and conclusions of law on five
Values, International Law, and
remedial issues in the case. He read
Justice” was published in Social
briefs and prepared a memo for the parties indicating his
Philosophy and Policy and his
tentative conclusions and framed a number of questions for
“Global Governance, Antitrust,
oral argument.
and the Limits of International
Cooperation” was published by
Melbourne to teach a short course on behavioral economic
the Cornell Journal of International
analysis of law, to present a paper at a faculty colloquium
Law. Stephan authored and
sponsored by the Centre for Employment and Labour
submitted an amicus brief to the Supreme Court in
Relations Law, and to collaborate with Colin Fenwick, the
the combined cases of Sanchez-Llamas v. Oregon and
director of the Centre, on a research project concerning
Bustillo v. Johnson. Stephan wrote the brief on behalf of
Australian labor law reform.
various law professors and supported the position of the
Commonwealth of Virginia in arguing that the Vienna
Convention on Consular Relations does not provide a
private remedy when police fail to inform a foreign subject
[34]
In March, Verkerke traveled to the University of
UVA Lawyer • spring • 2006
Faculty Briefs
In October, G. Edward White
on modern Courts. This is because the Court’s earlier
delivered the Monsanto Lecture at
deliberative process was much more informal, with justices
Valparaiso Law School. The topic
who “dissented” often silently acquiescing in an opinion
was “A Customary International
of the Court; that opinion, once assigned, not being
Law of Torts.” White argued
circulated among justices; and the Chief Justice having
that the Court’s recent decision
the option to write opinions in all cases, regardless of his
in Sosa v. Alvarez-Machain,
vote. Assignments only became important once the Court’s
which held that the Alien Tort
docket became sufficiently crowded that some distribution
Statute creates an opportunity
of opinion assignments was necessary to ensure that the
for American courts to find a limited number of torts in
Court completed its business. At that point Chiefs became
violation of customary international law, sits uneasily
more conscious of making a roughly equal distribution
with Erie v. Tompkins, which maintains that there is no
of assignments. But the circulation of opinions and the
“general federal common law.” Prior to Erie, customary
public recording of all the votes of the justices in all cases
international law was regarded as “general” law, applicable
did not appear until the 1940s. Hence any understanding
in both federal and state courts. After Erie, federal courts
of the history of the Chief Justice’s internal powers requires
are bound to follow state law in most cases. At the same
attention to the radical changes in the protocols of the
time international law has increasingly been treated as
Court’s internal deliberative process.
an area in which the federal government has a distinctive
Both the lecture and paper will be appearing in
interest and concern. This seems to raise two questions:
subsequent issues of the Valparaiso and University of
what sort of “law” is customary international law under
Pennsylvania Law Reviews. 
the Alien Tort Statute, and, if it is post-Erie federal law, is
it binding on the states (under the Supremacy Clause) or,
if it is state law, is it binding on the federal courts? White
discussed this apparent conundrum and argued that any
customary international law of torts derived from the Alien
Tort Statute should be treated as the equivalent of preErie “general law,” which could be applied by both federal
and state courts, with no obligation to follow each other’s
decisions.
In November, White presented “The Internal Powers
of the Chief Justice: The Nineteenth-Century Legacy,” at
a symposium at University of Pennsylvania Law School.
The paper explores the origins of two powers habitually
associated with the Chief Justiceship: the power to set the
agenda of the Court and the power to assign opinions
when the Chief votes with the majority. White concludes
that the first of those powers seems to have been a function
of the Chief Justice’s “special seniority,” where, by virtue
of his position, he presides over the Court and organizes
its docket. The second power, however, was not exercised
in the 19th century in the same way it has been exercised
UVA Lawyer • spring • 2006
[35]
EVAN BAYH ’81: THE GENTLEMAN FROM INDIANA
A Moderate Amid
the
Shouting
Cullen Couch
A
DIMINISHING NUMBER OF AMERICANS, most of whom have gray hair
or none at all, can remember a United States Senate that was a place of clubby
bonhomie, orderly rules, and intellectual tolerance. But today, the extreme
partisanship that once was an occasional House plague has spread virulently
throughout the Senate. The fevered rhetoric recalls the tempers of 150 years ago when
Congressman Preston Brooks, furious at remarks Senator Charles Sumner made during a twoday oration, nearly caned the Senator to death. Enduring a two-day oration could drive anyone
mad, but Brooks’s actions nevertheless set a new low in congressional etiquette. If another
Congress were ever to dive to that level, it might be this one.
Evan Bayh ’81, former two-term governor and now two-term Democratic senator from
Indiana, is a vanishing phenomenon in Washington: a moderate. The son of Birch Bayh,
former three-term senator and presidential hopeful, Bayh occupies a shrinking area of real
estate between the Senate’s two bickering aisles, often a lonely place. “The center of the
common ground has been eroded by politics,” he says, “and the irony is that I find a thirst on
the part of the American people for more consensus, for greater reconciliation of differences.
I don’t think the political process is representing their desires as well as it needs to. There are
some of us on both sides who try and change that, but it’s not as a big a group as I would like.”
The common ground that Bayh seeks arises from a fundamental tension between private
and public law that he views as quintessentially American. It drives the clash between such
conservative concepts as the ownership society and its liberal opposite, economic justice. He
sees those controversies as “only the latest chapter in a debate that will exist as long as there
is a United States of America. Our ancestors came to this country, those who came of their
Evan Bayh
UVA Lawyer • spring • 2006
[37]
PUBLIC SERVICE
own free will and volition, because they wanted freedom
Though Bayh has been very successful in his own
and independence. That strain of rugged individualism is
gubernatorial and senatorial campaigns, experiencing the
ingrained in every American’s DNA. At the same time, we
sting of electoral defeat as part of his father’s two losing
realized then and still do, that we’re not in this by ourselves,
campaigns keeps him well grounded. “Losing elections is an
that there are some challenges that if we’re going to meet we
occupational hazard,” he says. “If you believe in democracy,
have to come together to address. It’s that constant balance
you believe in the right of the people to choose someone
between honoring the rights of the individual and working
other than you. I think worse than losing an election would
together to provide a safety net for those who have fallen
be not trying. So I decided to try and the people of Indiana
down on their luck or are victims of circumstances beyond
have honored me ever since.”
their control.”
Governor … Senator …
Raised to the Idea of Public Service
Born to a political family who pursued progressive,
Democratic policies (as chairman of the Senate
Indiana by wide margins. Moreover, he has done so as a
Subcommittee on Constitutional Amendments, his father
Democrat in a “red” state, gaining the support of voters
was the principal architect of the Twenty-Sixth Amendment
in both parties who appreciate his emphasis on fiscal
lowering the voting age to 18 and the ill-fated Equal Rights
responsibility, clean environment, effective government, job
Amendment), Bayh developed his world view and his
creation, and low taxes. By the end of his second term as
respect for public service in a family heavily engaged with
governor, he had an 80 percent approval rating and strong
current events.
support from state and national media. One year after his
“Public service was something we talked about around
second term as governor, he ran for the Senate, receiving
the dinner table,” he recalls. “I admire my parents for trying
the widest victory margin ever by a Democratic senatorial
to help people in big ways and in small ways. It’s a value
candidate in Indiana. He easily won re-election in 2004.
they instilled in me: when you look back on your life, what
The roles of governor and senator differ fundamentally.
you’ve done for other people is the thing you will value
One is a chief executive, and the other is just one of a
most. It was something we talked about and something I
hundred equals. Bayh prefers the executive role. “They’re
became interested in, this process we call public service.”
both an honor and I love being in the Senate in a different
Bayh’s first steps in electoral public service began with
way, but as governor I could get more done in practical
his father’s unsuccessful campaign in 1976 for president.
terms to help the people who’d put their confidence in me. I
The younger Bayh took off a semester from Indiana
helped to balance the budgets, expand health care, improve
University and traveled the primary circuit with his father.
education, attract investment to our state to create jobs,
He then ran his father’s last Senate re-election campaign,
expand college opportunities, a whole variety of things.”
which they lost to Dan Quayle. “I visited 90 out of 92
Yet the Senate requires a broader perspective about
counties in Indiana and fell in love with the people of our
pressing national concerns, which appeals to Bayh’s
state,” he says. “Even though my father was unsuccessful, I
intellectual curiosity. “It’s fascinating,” he says, “and you
thought it was an ennobling experience.”
deal on a global stage, particularly now. I spend more than
Bayh enjoyed the debates about public policy. Reaching
half my time with issues involving national security, which
out to people with different points of view and trying to
in a post-9/11 world is vitally important, and the whole
find common ground was a formative experience. “It was
globalization of the world economy and our dependence on
intellectually stimulating, but more than that, I liked the
foreign petroleum. It’s a variety of things you deal with in
personal interaction and learning how to help real people
the Senate that you don’t deal with as governor.”
in tangible ways. That’s what separates politicians from
[38]
Courteous, gracious, trim, and handsome, Bayh projects
the charisma of a man who has easily won elections in
As a moderate, he is also frustrated with a political
political scientists or editorial writers. At the end of the day,
process that is “in some profound way broken. It’s not
we’re accountable for getting things done.”
working as well as it needs to. It’s not serving the public
UVA Lawyer • spring • 2006
EVAN BAYH
us to meet that future, and the
belief that you have the right sort of
experiences that have prepared you
for it.”
At this point, Bayh is a dark
horse in what could be a crowded
field. Nevertheless, as a Democratic
candidate popular in an important
Republican Midwestern state,
he could likely deliver Indiana’s
electoral votes for the Democrats
and that has piqued the interest of
many political handicappers. But
it won’t be easy for a moderate to
finesse a primary system where
well. This instrument that we call government should be an
third-party interest groups funded by the most zealous
engine for opportunity in advancing things that are good
partisans of both sides build huge war chests to drive wedge
for our country. But I find it is all too often an impediment,
issues for short-term political gain. Bayh knows that such
and it shouldn’t be that way. It needs to be changed, but for
tactics may be effective, but he thinks they are “deeply
the time being there’s just too much strident partisanship
cynical and harmful to the fabric of the country in the
and ideological rigidity for my tastes.”
longer run.” He believes the American people are finally
But that doesn’t mean that Bayh will avoid the hard
issues, especially the ones that the American public has
ready for a different kind of approach.
“You have to be who you are and not try and be
identified as Republican strengths. Two weeks after White
somebody else. You have to say what you believe and not
House deputy chief of staff Karl Rove claimed national
something else. You have to trust the public. Either you’re
security as the issue that Republicans will run on in the
the right person with the right ideas for this moment in
2006 elections, Bayh responded with a speech at the Center
time, or you’re not. And you know what? If you’re not,
for Strategic and International Studies. Outlining specific
life continues. I think that’s the only way to go about it. It
steps that he calls both “tough and smart,” he said, “And
would be a mistake to try to get all involved in moving this
to Mr. Rove, I say we are ready. Ready to have this debate
way or that way trying to placate this group or that group.
any time, any place, you’d like to have it. Ready to expose
You could lose track of who you are and that would be
the severe failings of this administration’s stewardship of
worse than anything else.”
America’s security. Ready to show the nation that there is a
better way.”
In recalling his time at the Law School, Bayh fondly
remembers “the collegiality, and rigorous, but not
destructive, competition. It was all within the parameters of
… President?
Facing perhaps the most daunting challenge that any
American could ever undertake, Bayh is actively testing
the waters for a presidential run. He approaches the task
friendship. I liked that. There was that feeling that people
were very bright but also good, decent human beings and
well-rounded.”
That is an accurate description of the senator himself.
with a refreshing combination of earnestness, humility, and
It’s how he conducts his public life. The American people
tranquillity.
might agree and decide that he’s just the ticket they were
“There is only one reason [to run] and that is a deep
looking for.

devotion to our country, and with that an understanding of
the forces shaping our future, an agenda of ideas to prepare
UVA Lawyer • spring • 2006
[39]
Virginia Alumni at the Ready on
Civil Rights
Denise Forster
J.
RICHARD COHEN ’79 AND MARY BAUER ’90 go to work each day in a fortress of a
building. Six stories high, with its own 24-hour-a-day security force and underground parking
garage, the building reveals how seriously their employer guards the safety of staff and visitors.
They don’t work at the latest secret federal government site. The Southern Poverty Law Center fights a
battle on a far different front, but it is a struggle that is vitally important to the people it represents.
Appropriately housed in a building in downtown Montgomery, Alabama, birthplace of the nation’s
civil rights movement, the Center guards civil rights for exploited, abused, and often overlooked members
of society. Started in 1971 as a small civil rights firm by lawyers Morris Dees and Joseph Levin, the Center
staff has grown to more than 100 attorneys and civil rights advocates. Its first president and present-day
board member is civil rights leader (and retiring University of Virginia professor) Julian Bond.
Leading the Center’s charge today are Cohen, who serves as president and chief executive officer,
and Bauer, director of the Center’s recently established Immigrant Justice Project. By the nature of their
work, Center employees are targets of protests and violent acts by hate groups. The SPLC’s initial offices
were torched in 1983—burned by members of the Ku Klux Klan, who fittingly climbed into the building
via underground sewers. More than 25 people have been incarcerated over the years for threatening the
security of Center staff. Now, visitors are issued photo IDs and must be escorted by a security guard
or employee at all times. A statement attributed to founder Dees subtly refers to the controversy: “Our
work is not always universally embraced.”
Despite security concerns, the advocates are more active than ever. Initially engaged in litigating civil
rights violations, the Center’s mission has expanded. Cohen oversees the fights on all fronts: hate group
intelligence, civil rights litigation, and migrant worker justice. “My charge is to expand the Center’s
programmatic work. In the last year we have doubled the size of our legal staff.”
Reading the Center’s case docket exposes the raw underbelly of today’s civil rights frontier. Each case
Mary Bauer and Richard Cohen in front of the Civil Rights Memorial
[40]
UVA Lawyer • spring • 2006
PUBLIC SERVICE
is listed by its agenda area: hate groups,
immigrant rights, juvenile justice,
education, institutionalized persons,
First Amendment, health justice, racial
justice. Some cases have been in the
courts for decades; regrettably, new ones
are added routinely. “Lawsuits have a
way of putting some things on the public
agenda in a way that nothing else can,”
says Cohen.
Among the SPLC’s flagship offerings
are its Teaching Tolerance materials for
school students and citizens seeking ways
and ideas to end racism, tolerance.org.
Richard Cohen
Their Intelligence Project monitors hate
groups and tracks extremist activity throughout the United
attorney Charles “Chuck” Morgan, Jr., in Washington, DC,
States. A very visible achievement across the street from
as the firm took on a variety of controversial cases.
their current headquarters is the Civil Rights Memorial.
After seven years in DC, Cohen was ready for something
Maya Lin designed the elegant and somber commemorative
different. At the urging of colleagues, he met with civil
and it quickly became one of Montgomery’s most
rights champion Morris Dees. In 1986 he moved to
prominent civil rights monuments. The Center’s former
Montgomery to join the SPLC as legal director. Two months
offices were converted to a Civil Rights Memorial Center,
later Dees asked Cohen, 31 years old, if he felt confident
featuring state-of-the-art exhibits and an original film
enough to argue United States v. Paradise at the Supreme
honoring those who fought for civil rights during the
Court. The Justice Department wanted the Court to reverse
tumultuous movement (1954–1968). As president, Cohen
a lower court order requiring Alabama state troopers
has his hand in each of these undertakings, and more.
to promote one black trooper for each white trooper
promoted (until fair tests were developed), arguing that the
Cohen Takes the Helm
Cohen has a Bible within reach. It is an unexpected but
well-worn reference tool for the man who has slain dragons
Protection Clause of the Fourteenth Amendment.
In a 5-4 opinion, the Court upheld the promotion plan;
disguised as neo-Nazis or Alabama state troopers. But
the young Cohen and the black troopers had won. The
Cohen finds it worthwhile to seek out the specific Biblical
Court found that the promotion plan did not impose an
verses cited in the Center’s latest batch of hate mail—
“absolute bar” to white advancement, was narrowly drawn
something he’s gotten a lot of since taking on Alabama
to include only specific ranks of officers, and was “required
Chief Justice Roy Moore, whose effort to keep a giant
in light of the department’s long and shameful record
monument to the Ten Commandments in the state judicial
of delay and resistance” in complying with past judicial
building was all over the news.
decisions. (Courts first found the department’s practices
“It’s awfully strange to get hate mail and threats that
cite the Bible,” he said, dismissing any danger. His attitude
unconstitutional in 1972.)
Cohen fought important civil rights battles in his 17
is summed up by what he terms his favorite New Testament
years as general counsel for the Center. He clearly loves the
mandate: “Faith without works is dead” (James 2:26).
contest. “A lawsuit summons people before a neutral arbiter
Cohen has been working for his faith in civil rights since he
and forces them to answer. That is an incredible thing, and
left the Law School.
lawyers are incredibly powerful people by virtue of being
The Richmond native practiced law with civil rights
[42]
one-black-for-one-white promotion plan violated the Equal
UVA Lawyer • spring • 2006
able to summon people and make them accountable to
SOUTHERN POVERTY LAW CENTER
the law. It’s the thing that makes our country great and has
leading neo-Nazi organization in the country, and author
moved the social agenda.”
of The Turner Diaries, the book that was the blueprint for
In a 1997 interview with American Lawyer, Cohen said
the Oklahoma City bombing. I had a trial against Dr. Pierce
one of his most memorable cases was a civil suit the Center
in the mountains of North Carolina one time, and I can tell
brought on behalf of the wife and six children of a black man
you he is cold. Very cold.”
who died while in police custody in Hemphill, Texas. Though
In 2001, Cohen and the SPLC lost a case at the Supreme
the lawmen were acquitted of murder, Cohen won a monetary
Court that he believes punctuates the demise of private civil
judgment for the family in 1989 (the amount is under seal),
rights enforcement. Alexander v. Sandoval decided private
“Lawyers are incredibly powerful people by virtue of being able to
summon people and make them accountable to the law.”
and collected evidence that was later used to convict the
plaintiffs could not enforce what were called the disparate
police officers on civil rights charges. “That case taught me
impact regulations under Title VI. Private enforcement
how precious justice is,” Cohen said. “Justice is not something
of those regulations had been commonly accepted in the
that’s inevitable. It’s easy to lose sight of that. We tend to think
federal courts for the better part of two decades, including
things will work out in the end. That’s false … and dangerous.
by the Supreme Court, although they had not squarely
“The people and hate groups we monitor and [fight]
faced the issue. “Every court of appeals that had considered
through our Intelligence Project are really the most ardent
the issue ruled that you could enforce those laws,” says
opponents of the Fourteenth Amendment in our country.
Cohen, “but as part of the federalist revolution, Sandoval
Through the years we have filed a series of lawsuits against
was among the long line of cases that have reversed that
some of the leading hatemongers of America and have
trend. So for those reasons, among others, we pursue some
been pretty successful. I sat in court next to the head of the
of our work in other ways.”
Aryan Nations. I spent a lot of time in court with the late
Cohen laments the significant changes to the legal
Dr. William Pierce, the head of the National Alliance, the
landscape in the last decade. “Litigation is not as powerful
an engine for social change as it once was.
To one degree a lot has already been done
in the courts, of course. But the courts are
increasingly hostile to civil rights plaintiffs.
My guess is we would lose Paradise today,
6-3 or 7-2. So, even in my short lifetime of
the law there has been tremendous change.”
As president, Cohen guides the SPLC
staff to meet those changes head-on. “For
most of our existence the Southern Poverty
Law Center didn’t lobby. Because we
recognize that we have to pursue a multipronged strategy to bring about social change,
the Center opened an office in Mississippi
and now employs lobbyists in Mississippi
Mary Bauer
and Alabama. We have to go to the legislature,
UVA Lawyer • spring • 2006
[43]
PUBLIC SERVICE
to the policymakers, and make our case. The Center is
the Law School. “My father was in the military, so we lived
always seeking ways to increase its impact,” said Cohen.
overseas when I was kid. We lived in Panama and Colombia;
I had gone to school and learned Spanish—which is one
Bauer Heads Up Immigrant Justice Project
reason I became interested in immigrants in the U.S.”
Cohen and the Center recruited Mary Bauer in 2004
Bauer oversees five lawyers working on an array of cases.
to direct the new Immigrant Justice Project, a program
“We have four class-action lawsuits now against forestry
designed to protect some of America’s most invisible
companies. The South is full of pine plantations where
people: migrant workers. Bauer writes that nearly all
companies grow trees to make paper and wood chips.
undocumented migrant male workers in the United States
We have a new lawyer who is starting a project on sexual
are in the work force—a higher rate than that of U.S.
harassment and discrimination against immigrant women
citizens. She contends that these workers pay “far more in
in nine states in the South.
taxes than they receive in benefits,” citing findings from the
National Research Council.
At times, the Center has dealt with cases involving
indentured servitude. “Our staff members spend a lot of
“Every immigrant worker we talked to, and there are thousands there,
all have a story of not getting paid or even worse.”
“We filed two lawsuits yesterday for Katrina workers in
New Orleans—migrant laborers who were being cheated
against our client’s family in Guatemala. So we brought our
out of their wages,” Bauer said in early February. She had
client’s wife and sister-in-law, these two indigenous women,
recently returned from Washington, where she lobbied
to the United States. We had a hearing for a protective order.
Department of Labor officials about their failure to enforce
Until then the furthest they had been in their lives was a
laws in the Gulf Coast, because, as Bauer puts it, “you can’t
half-hour away from their village. These women came to
sue everybody. If the federal government were more vigilant
the United States and appeared at the hearing wearing their
in its enforcement, we would have less of a problem in
indigenous garb and flip-flops. It really made a difference
New Orleans.
to the judge to see that these women actually felt that it was
“It’s terrible there. Every immigrant worker we talked
to, and there are thousands there, all have a story of not
getting paid or even worse. When they complained about
serious enough that they should come to the United States to
make an impassioned plea.”
Bauer blames the country’s immigration system for
not getting paid, an employer might call the police or
many of the injustices facing migrant workers. “Our current
immigration control, or maybe even beat them. It is like the
system has created a two-tiered society, wherein immigrants
Wild West. By lobbying, we are trying to put pressure on the
are routinely subjected to dangerous working conditions
Department, because if the government came in and said,
and low pay. The solution is not to blame the victims; the
‘We’re watching you,’ that would have a deterrent effect.”
solution is to fix the system.”
Cohen praises Bauer’s strengths and credits her for the
It is easy to underestimate the aggregate gains
Center’s immediate impact. “We initiated the program
throughout years of civil rights litigation when victory is
because there was a crying need for representation for
a moving target. Given the changes over time to the legal
migrant workers. But it is clearly Mary’s strong leadership
landscape and to public perception, there are few sure
and great expertise that have made the program a success so
outcomes. What is sure is that Richard Cohen and Mary
quickly,” Cohen said.
Bauer are on the frontlines of a battle they consider to be
Bauer has worked in public service since graduating from
[44]
time in Guatemala. After we filed one case, threats were made
UVA Lawyer • spring • 2006
far from over.

W. Robert Pearson
W. ROBERT PEARSON ’68—CALM INSIDE THE STORM
The Power of
Conversation in a
Fractured World
Cullen Couch
I
n 1989, American political economist Frances Fukuyama, reviewing the collapse of Soviet-based
authoritarian regimes and their replacement by liberal democracies, declared famously “the end of
history.” It was a catchy phrase, audacious in its sweep, and now but a wistful postscript to the cold
war. Tectonic geopolitical shifts are now transforming the world in ways that are—well, historic.
We seem to live in a bellicose, extremist age increasingly deaf to the quiet art of diplomacy. But W. Robert
Pearson ’68, recently retired director general of the Foreign Service, would disagree. He acknowledges today’s
challenges, but he has abiding faith in our country’s ability to meet them.
“For the foreseeable future, the U.S. will be the largest single influence in the world,” he says. “That’s not
trying to brag. That’s a fact. Our economy is larger than the next three national economies combined. Our
UVA Lawyer • spring • 2006
[45]
PUBLIC SERVICE
armed forces are larger and more powerful than the next
He went on to Vanderbilt for his degree and then, on the
ten combined, but I also think that we have learned and the
recommendation of the dean, applied to the Law School.
rest of the world has learned that it’s important to find ways
“In those days, life was so simple. Virginia was the only
to try to work together.”
school I applied to because it was the only place I wanted to
“The traditional view of diplomacy, that one must always say something nice,
is completely mistaken. You often have to tell people things that aren’t pleasant.”
Pearson specifically rejects the idea that the world is now
go. And I really enjoyed the study of law there, developing
involved in a “clash of civilizations” fomented by Al Qaeda
the discipline of knowing how to think, how to look at
and others who dream of an extreme Islamic state. They
a circumstance, how to measure the factors, how to give
“would like to foster the idea of a clash of civilizations,” he
relative weight, how to make an argument that’s persuasive
says. “It gives them a paradigm to point to, but I think if
to somebody, not just because you think it is right but
other people keep their heads, they’ll see that it’s not true.
because it is going to produce a result. That is important.”
Without trying to be ideological, democracy is still the most
Graduating from the Law School at the height of the
powerful single idea in global culture. I never met a culture
Vietnam War and eligible for the draft, Pearson joined the
or people anywhere who wouldn’t enjoy more power over
Navy as a JAG officer. He spent a year in Norfolk, a year in
their personal lives, a greater ability to protect themselves,
Japan, and then back to San Diego for another year until his
better health, and better lives for their children. Those things
enlistment was up. He remained in San Diego for a couple
are universal and belie the idea of a clash of civilizations.”
of years as a litigator in private practice and “loved being
And the fervent anti-American attitudes sweeping the
globe? “Today, there isn’t a single issue, even a modest issue,
on which people don’t want to know what the Americans
in a courtroom, loved cross-examination,” but was restless
nonetheless.
“I thought about whether I wanted to spend the rest of
think. Even if they don’t agree with us, even if they know
my life doing something as wonderful as living in San Diego
in advance that they’re not going to agree with us, they
or go back to something that had been part of my dreams
still want to know where we are going to be and what we’re
for a long time. I took the Foreign Service exam, went to
going to think and why we think this way.”
New Zealand as an experiment to see if I really liked that
career or wanted to come back to law. I loved it and my wife
Finding a Universal Language
Pearson exudes the gracious charm of small-town Bells,
Since then, he has served as an envoy to China in the
Tennessee, in which he grew up. He is calm, personable,
aftermath of the Cultural Revolution and talked one-on-
and engaging, and speaks with a master diplomat’s
one with Premier Deng Xiaoping. He once spent a month
command of language (he is fluent in Turkish, French, and
as executive secretary to U.S. Secretary of State James
Chinese). Pearson’s stint in the Navy and his three decades
Baker as they traveled the world enlisting allied support
with the Foreign Service has taken him far from the rural
for Desert Storm. Most recently, as the U.S. Ambassador to
high school where his Latin teacher first fired his passion
Turkey, Pearson managed a difficult relationship with a very
for foreign language and exotic lands. “I read Caesar’s
reluctant U.S. ally in Operation Iraqi Freedom.
Commentaries and I just loved it,” Pearson recalls. “I think
[46]
loved it, so we stayed.”
Sworn in as ambassador in September 2000, Pearson
that was the start in terms of foreign service, the idea of
managed U.S interests as Turkey was recovering from two
languages and cultures and worlds that are beyond your
major financial crises, two wars, and a general election
reach well over the horizon.”
in which, says Pearson, the party coming into power was
UVA Lawyer • spring • 2006
W. ROBERT PEARSON
sees the idea of compromise as roughly equivalent to
concession. The American “win-win” approach—you need
a little something, I need a little something—appears to ask
the other side to disclose a weakness. Many cultures balk at
that. The Chinese “spend endless amounts of time testing
every point of your presentation, honing it, putting it in the
furnace, and burning it down to its bare essence to learn
your real position. If you have any internal contradictions,
they find them. Then at the very end they calculate what
deal would be minimally acceptable plus a little bit to show
good will and that’s what they offer.”
The Foreign Service, the diplomatic arm of the U.S.
Department of State, understands these idiosyncrasies and
is in the best position to teach how to study and utilize
other cultures’ negotiation techniques. “We’re the people
who are talking to those who want to come to this country
as business visitors or tourists or students,” he says. “We’re
the people who are working with other countries’ police
forces to go after drug dealers. We’re the ones who negotiate
arrangements to make air travel easier or to keep our
cargoes safe or to facilitate trade and growth. That’s what
we do all day every day everywhere in more than 265 places
viewed with great suspicion by Turkey’s traditional ruling
elite. It was a transitional moment, and required great
around the world.”
Pearson says that good Foreign Service officers have an
diplomatic skill when Turkey balked at supporting the
inquisitive mind and a willingness to listen to others even if
second Gulf war.
they deeply disagree with them. They also understand how
“I tried to explain to the Turks that it was in both of
to be frank while pushing the discussion onto a fruitful path.
our interests to be looking for ways to work together. They
“The traditional view of diplomacy, that one must always
had the right to make that decision, but was it the right
say something nice, is completely mistaken,” he says. “You
decision? I think they would’ve been far better off giving
often have to tell people things that aren’t pleasant. You have
us their best advice than separating themselves from us.
to be very clear about it, but you have to do so in a way that
At the same time, we didn’t judge them and we didn’t
allows the conversation to keep moving toward a solution.”
accuse them of bad faith. I always tried to show them that
whatever the intellectual discourse was, we were talking
Changes after 9/11
with people whom we deeply respected, with a culture we
Before the terrorists’ attacks on September 11, 2001,
deeply admired, and whose values we supported and that
the Foreign Service received an average 12,000 applications
we simply were going through a tough time and needed to
every year. After 9/11, that number surged to more than
work on improving it.”
30,000. That was a welcome change from the ’90s, when
Pearson’s work with the Turks typifies his entire approach
the end of the cold war caused Congress to cut funding,
to international relations and negotiations. “At a global level
leaving the Foreign Service chronically understaffed for
we are all alike,” he says, “but to operate on that basis is a
years. Apparently, lawmakers didn’t see enough reason to
huge mistake. Knowing how to sense what lies underneath
deploy public diplomacy officers all over the world, but
and turn it to practical use is a very important skill.”
9/11 changed that. “I think we paid a price for that,” says
For example, Pearson says that a large part of the world
Pearson, “and 9/11 was part of it.”
UVA Lawyer • spring • 2006
[47]
PUBLIC SERVICE
The Foreign Service and the Law School
cold war, when we were dealing with just one
ACCORDING TO FOREIGN SERVICE RECORDS, 19 Law School graduates
counterpart,” he says. “On a whole range of
(listed below) and over 200 University graduates are in the U. S. Foreign
issues, we will need greater expertise while also
Service. “UVA has long been a supplier of good people to public service in
increasing our skills dealing with failed, failing,
Washington,” says Ambassador Pearson. “I went to Virginia partly because
and post-conflict states. American diplomats will
I knew that it was a school that recruited very well in Washington. I was
have to act as catalysts working with our military
thinking about a public service career and I thought that by going there
closely, working with U.N. organizations and other
I would have the chance to do that. It proved to be true. UVA is still spoken
international organizations closely, fashioning
of all over this town.”
solutions for the recovery of states. It will be a
major element of the concept of threat in the next
Alexander H. Margulies ’84
Political Officer
Lima
Andrew D. Siegel ’85
Human Resources Officer
Frankfurt
Thomas F. Daughton ’87
Political Officer
Kuala Lumpur
Richard J. Driscoll ’81
International Relations Officer
Washington
Julie B. Winn ’81
Training
Washington
John W. Dayton ’83
Political Officer
Harare
Jorgan Kendal Andrews ’94
Deputy Director of NATO Policy
Washington
Richard Mark Kaminski ’86
International Relations Officer
Washington
Charles Oden Blaha ’81
Political Officer
Ankara
Bernard E. Link ’92
Consular/Political Officer
Karachi
Jeanette Anne Hantke ’82
Consular Officer
Washington
Nathan Vance Holt ’90
Political Officer
Kampala
Ann Vincent Gordon ’77
International Relations Officer
Washington
John R. Crosby ’98
Political Military Affairs Officer
Ljubljana
Eric Gavin Falls ’94
International Relations Officer
Washington
Alan D. Meltzer ’88
Rotational Officer
Moscow
Mark C. Carlson ’82
Consular Officer
Jakarta
Barry K. Simmons ’87
Consular Officer
Manila
twenty-five years.”
The Next Chapter
After all the miles and cities, the many different
homes and postings, the myriad places and people
and challenges, Pearson retired from the Foreign
Service in April 2006. A tall, vibrant man who
wore his leadership role comfortably, he seems to
have left at the top of his game. But that’s really the
point.
“Ted Williams batted .400 and when did he
retire?” he asks with an easy smile. [After hitting
a home run in his final at-bat—editor] “I’ve had a
wonderful career. Some days you may wish didn’t
happen, but no day was dull. If you didn’t like what
you were doing, in two or three years you could be
doing something else. If you did like what you were
doing, you had a finite period of time in which to
accomplish it. That sharpened the mind, too. But
now, I’m ready to try something else.”
Today, “there is no substitute for one-on-one contact
between an American and an audience; no amount of film
wife, see some more of the U.S. behind the handlebars of
or printed material or broadcast can match it,” he says.
his ’97 Harley, then explore a couple of book ideas about
“Certainly, those convey information, but conviction comes
the future of diplomacy in an age increasingly reliant on
with a conversation. We need more people in more places
military solutions.
talking about American values and interests.”
Pearson cites statistics showing that by the middle
“America is all about action, about what you do. We
have always de-emphasized what you say, how you present
of this century, the population of all of North America
things, and how you argue things, but actually, they are
and Europe will make up just ten percent of the world’s
a tremendously influential part of life. That is how we
population. He says that our success in promoting
solve our problems. As a diplomat, I have tried to help
American interests will depend on our ability to work with
people solve those problems in a much more complicated
the next dozen or more countries rounding out the bulk of
environment, but it’s the same principle. I would like to
the world’s population.
write something that puts that value back into how we work
“That is a completely different scenario than the
[48]
Pearson plans to take a road tour of France with his
UVA Lawyer • spring • 2006
for our country’s best interests.” 
Loan Forgiveness Helps Alumni Pursue
Career Dreams
Denise Forster
M
any of them speak for those in need, some
careers a viable option for cash-strapped graduates. The
work in underserved areas of Virginia. But
program, funded primarily by alumni gifts, presumes that
regardless in what capacity they serve the
graduates who earn less than $35,000 per year are unable
public, UVA Law graduates eligible for the school’s loan
to pay any of their Law School education loans. They
forgiveness program universally sing its praises. While their
receive 100 percent assistance for the year. Those who earn
jobs vary in nature, they share one unfortunate reality: they
$35,000 or more are presumed able to pay one-half of their
earn lower salaries than what associates can at a firm.
[adjusted gross] income above $35,000. “Simply put, the
A young public interest lawyer simply can’t afford student loan
payments of a median, annualized rate of nearly $11,000.
A nationwide survey conducted in 2004 by the National
program facilitates entry into low paying public service
Association for Law Placement reveals salary information
careers,” said Kimberly Emery, Assistant Dean for Pro Bono
for entry-level attorneys in the public sector, as well as
and Public Interest and co-director with Molly Bishop of
public interest organizations. At the time of the survey,
the Law School’s Mortimer Caplin Public Service Center.
the median salary for a first-year associate ranged from
The program defines public service employment broadly
$65,000 (firms of fewer than 25 attorneys) to $120,000
to include jobs worldwide with federal, state, or local
(firms of 500 attorneys or more), with a median of $95,000.
governments, legal aid offices, prosecutors, public defenders,
In comparison, entry-level public interest lawyers earn just
public interest organizations, and legal reform groups that
$34,000 for civil legal services organization attorneys to
qualify as nonprofit organizations. (The majority of the 80
$40,574 for state prosecuting attorneys.
or so alumni enrolled in the VLFP work as public defenders
This disparity makes the need for the Virginia Loan
Forgiveness Program glaringly obvious. A young public
or prosecutors). Recent graduates in private practice in
the Commonwealth of Virginia are also eligible for loan
interest lawyer simply can’t afford student loan payments
assistance because they are likely to be practicing in an
at a median, annualized rate of nearly $11,000. The same
underserved area and therefore performing a public service.
holds true for young associates practicing in small firms in
Graduates are eligible for the VLFP for up to ten years.
mostly rural areas of Virginia.
Virginia’s program makes these relatively low-paying
Profiled on these pages are three alumni grateful for a
program that is allowing them to pursue their chosen careers.
UVA Lawyer • spring • 2006
[49]
PUBLIC SERVICE
One Environmental
S
andra Nichols found herself applying to Law
Now a lawyer with the Montgomery, Alabama office
School while fulfilling her Peace Corps assignment
of WildLaw, a private, nonprofit environmental firm,
in a small rural town in a remote area of the West
Nichols strives to enforce environmental laws involving
African nation of Ivory Coast. It was a challenge for her
national forests, water quality, and community protection
to convince the villagers that she was not too old to go to
throughout the South. “Environmental protection is a
school in America and difficult for her to explain why she
basic right for everybody,” she said. “But the way decisions
had to write significant essays for law school applications.
A strong woman who downplays the difficult, Nichols
‘03 doesn’t flinch when recalling the scope of the work she
did in the Ivory Coast—digging wells for water disposal,
are made often doesn’t give appropriate weight to
environmental considerations.”
Even when environmental laws exist they may not be
followed or enforced. Nichols worries about efforts to
removing garbage, rehabilitating a school, educating
reform or weaken some laws out of existence. She is hopeful
villagers. To those villagers, the work Nichols accomplished
about a legislative taskforce looking at reforming Alabama’s
was as important as the advocacy she now undertakes as an
open-records law. “I’m on the taskforce and have a great
environmental lawyer. Nichols is comfortable tackling the
opportunity to contribute to a new piece of legislation that
important issues at stake in both scenarios.
will greatly improve public access to information,” she said.
Knowing that she wanted to go to work in public
One of the recurring issues around environmental law
service after law school, the Virginia Loan Forgiveness
involves public notification—or the lack of it. Time and
Program was especially attractive to Nichols when choosing
again Nichols sees cases where a party isn’t concerned with
to attend UVA Law. “It’s a very good program. It’s a reason
its obligation to provide an opportunity for community
to choose to attend UVA as opposed to another school if
discourse on a project. On a recent case concerning
you know you want to do public interest work,” she said.
the construction of a new Montgomery Intermodal
“There’s no way I would be able to afford working at this job
without it—not with my loans. I’m extremely appreciative.”
[50]
Battle at a Time
UVA Lawyer • spring • 2006
Transportation Center, Nichols worked with four client
groups to ensure a public dialogue took place. “The city’s
CAREER DREAMS
position was ‘If we don’t have to do what the public says,
first proposed in the early 1990s. Eventually a permit was
why should we even hold the meeting?’”
granted to build the dam, but WildLaw sued because the
Nichols has the opportunity to work on almost every kind
city’s environmental analysis was incomplete. “We represent
of environmental project because WildLaw takes cases that
a big coalition, including the Alabama Rivers Alliance and an
affect national policy. Last year she testified on the National
organization called Wild South. It’s a great issue because of
Environmental Policy Act before a congressional committee.
the broad base of support for our side.” WildLaw and other
While Congress was considering reforming the law, Nichols
river advocacy agencies are waiting for the Army Corps of
argued that better enforcement of the existing NEPA was
Engineers to decide whether they will grant the permit.
“Federal land managers need to be educated about the Act’s
true intention. When people really understand it, it works better.
needed. “Federal land managers need to be educated about the
Nichols thrives on these crusades. “I’ve been involved
Act’s true intention. When people really understand it, it works
in both the legal and community organizational angle.
better. I felt strongly that the committee be made aware
The Army Corps would not hold a public hearing, so we
that better public participation initially makes for better
organized our own. It was a packed house, with a lot of
projects and fewer problems ultimately.”
press. Almost everybody at the meeting was opposed to
WildLaw attorneys have the ability to choose from a
the project. We even uncovered some dissension between
broad range of cases to work on. “I’ve worked with small
the city and counties involved. Their walls are beginning to
communities on pollution issues, on national forests issues,
crack,” she said enthusiastically.
even endangered species issues,” Nichols said. She recalled a
As a law student, Nichols was able to get hands-on
recent conversation in which a concerned citizen alerted her
experience in environmental work. “My classmate, Jessica
to a proposed coal mine slated to be located in a residential
Troell, and I went to South Africa for a semester and
area, in spite of the community’s recently completed
worked on the issue of public participation in resource
comprehensive development plan calling for moderate
management, specifically water management. The new
growth. “He sounded so desperate.” Nichols is researching
South African constitution very clearly laid out people’s
the case to see if it’s one she’ll take on.
rights to resources, right to housing, right to water, right to
One case Nichols finds riveting involves a proposed
damming of one of the last free-flowing rivers in the
state. “If you can call a government project a boondoggle,
a clean environment.” The project combined areas of the
law most important to Nichols.
Although Nichols clearly revels in the environmental
this one’s a boondoggle.” The dam will supposedly feed a
work she is doing, she hopes to incorporate human rights
city’s water supply—for a community that’s not growing
work into her practice in the future. While in law school she
and that doesn’t use the existing supply to its capacity.
volunteered with the International Rescue Committee and
Additionally, the river is extremely polluted from runoff
took human rights courses under Professor Rosa Brooks
from surrounding chicken farms.
that furthered her interest in the relationships between
“It’s hard to understand what their motivations are. It
would be an opportunity, theoretically, to bring more industry
both areas of law.
Whichever fields of law Nichols decides to explore, her
to the area. But in reality the water won’t be clean enough for
focus will remain the same: helping her community. “I have
them to use for anything. And the costs of building the dam
the good fortune to work in an area that I believe in and in
go back onto the users who buy water from that supply system.”
which I have control over what I work on. Most everything
The dam project has been controversial since it was
I spend a significant amount of time on is rewarding.” 
UVA Lawyer • spring • 2006
[51]
PUBLIC SERVICE
A “Thank You” for the VLFP
February 4, 2006
Dear Mr. Ibbeken,
Having recently received my 2006 Virginia Loan Forgiveness disbursement, I wish to thank you personally for your role in
providing such generous assistance to those Law School alumni dedicated to working both in the public service sector and
in low paying jobs in the private sector within the Commonwealth of Virginia. Although I am currently employed by a forprofit firm in Charlottesville, I conceive of the law as a public service profession and strive by my labors not only to advance
the interests of my clients but also to serve the public and the judicial system with diligence, competence, and humanity.
To give this statement the benefit of context, permit me to share with you something from my brief experience as an
associate at Scott Kroner, PLC. I occupy about 40 percent of my time assisting with and managing the collections practice
of one of the firm’s partners. One of my tasks as a collections attorney is to perform debtor interrogatories. Before I started
at the firm, I must say I found the idea of collections work to be quite uninspiring, given my earlier aspirations to work in the
field of First Amendment constitutional law (which aspirations I continue to cultivate for the future). Yet not long into my
practice, I discovered that collections work offers me regular and unexpectedly powerful opportunities to reach out to touch
the downtrodden of society who, due to poor choices and adverse circumstances, find themselves on the receiving end of a
warrant in debt.
In only five months, I have often had occasion to behold the gentle and calming effect of kindness upon the attitudes
of the debtors I have interviewed. Many have entered the conference room desiring to be contentious and expecting me
to take their wallet. However, as I have applied myself to treat them with compassion and understanding—listening to their
stories, empathizing with their hardships, and dignifying their desire to pay their debts, while eliciting the information about
their assets and income sought by my clients—I have been privileged to watch a transformation occur in their demeanor.
It is old news that much of the public holds the modern legal profession in low esteem. Perhaps this is natural, for we
are the gatekeepers and custodians of an imperfect and fundamentally adversarial system of justice. I, however, believe that
every attorney can and should apply himself to brighten the public’s dim opinion of lawyers by acting in all respects with
honesty, consideration, and rectitude while serving his clients’ interests. Moreover, I believe that, for those of us working in
the private sector, our goal should not be profit but service, from which profit will inevitably result.
That is not to say that the renovation of public opinion will be easy. The pursuit of idealism in the practice of law is
often, and quite sadly, corrupted by the beguiling influences of money and power. This is hardly a new phenomenon. Yet its
distastefulness is made all the more unfortunate by the fact that so many young attorneys who enter law school with dreams
of making a difference in society through public service employment leave law school saddled by debt so enormous that
employment in large, profit-driven firms appears the only option if such debt is to be repaid and a reasonable standard of
living maintained. This is where programs like the Virginia Loan Forgiveness Program are, in my mind, truly a gift from above.
If not for VLFP, I am sure that I would have felt tremendous pressure to follow many of my peers into big city firms where
the lures of wealth and prestige so often blind the eyes of otherwise decent attorneys to the command of service. That
is not to disdain large firms or to suggest that I could not have adopted a service mentality while laboring on behalf of a
megacorporation; only to say that I am inexpressibly grateful for the opportunity to stay in Charlottesville and work at a small,
family-oriented law firm where an attitude of public service is naturally expected and encouraged.
Please accept my heartfelt thanks for your hand in extending financial support to me through the Virginia Loan Forgiveness
Program. It is a monumental blessing to be so supported by the Law School community.
Warmest Regards,
Corban A. Klug ’04
[52]
UVA Lawyer • spring • 2006
CAREER DREAMS
Facing
Justice and the Death Penalty
Andrea Lawhon
S
ince a revealing encounter inside Chicago’s
Redfield’s fellowship from Reprieve awards her £20,000
Cook County Jail, Terrica Redfield ’02 has had a
to underwrite the cost of her job at the SCHR. For Redfield,
heightened awareness of injustice within the penal
this support will help cultivate her career choice bringing
system. She sees it daily in her work defending the rights
of those facing execution throughout the Deep South.
advocacy skills to an area with real need.
The financial pressures of Redfield’s work are further
Her passion for the work has earned her a fellowship for
relieved by the Virginia Loan Forgiveness Program. “It’s
2006-07 from Reprieve, an international organization in the
wonderful, wonderful, wonderful!” exclaims Redfield about
United Kingdom dedicated to providing frontline assistance
the repayment plan that helps young lawyers pursue a
to people facing the death penalty.
career in public service by easing the burden of graduate
After law school, Redfield completed a two-year
school loans. Through its assistance, the VLFP allows
fellowship with the Fair Trial Initiative in Durham, North
Redfield to remain focused on her work. “I would want
Carolina, where she worked on trial level capital cases
to pursue this path regardless of the loan repayment, but
throughout the state. She is now a staff attorney with the
it would be much more of a struggle, more of a decision
Southern Center for Human Rights in Atlanta, where
about whether I could even afford to do so. The loan
she represents people facing the death penalty at trial,
repayment removes that concern and allows me to focus on
on appeal, and in the post-conviction review process.
doing what I feel like I am supposed to be doing.”
She works closely with civil rights advocate and litigator
Raised in McComb, Mississippi, Redfield attributes her
Stephen Bright. The SCHR, founded by Bright, is a non-
desire to work for social justice to her Southern roots and
profit, public interest law firm dedicated to enforcing the
family history. “My grandmother and great-aunt were the
civil and human rights of people in the criminal justice
first blacks to register to vote in Liberty, Mississippi, and
system in the South.
I have always been amazed by their bravery. At the time,
UVA Lawyer • spring • 2006
[53]
PUBLIC SERVICE
how “walking through the jail and looking
at the inmates made me feel like I was going
to the zoo. I felt like we were violating some
inmates’ privacy. There was something very
unsettling about that experience for me, but
more than that, I noticed that there were
so many African-American men. I thought
‘There has to be something wrong here,’ but
I did not know exactly what.”
Redfield’s confusion turned to disbelief
as some law students in her group requested
jailers to allow fighting amongst the
inmates for their personal amusement. “I
was shocked at the inhumanity of such a
request, that they could devalue people’s
lives to that extent or even thought it was an
appropriate request to make.” Redfield was
TERRICA REDFIELD’S FAMILY HAS A HISTORY OF WORKING FOR JUSTICE.
further unsettled upon realizing that some
On the left is Redfield’s great-aunt, Matilda Schoby, and in the hat is her
of inmates had not yet even been convicted
grandmother, Birdie Lee Walker. During the summer of 1960, civil rights leader
and thought, “Here are future leaders of our
Dr. Robert Moses was in Pike County, Mississippi, attempting to register African-
communities and of our nation, and if they
Americans to vote. The effort received media attention.Redfield’s grandmother,
have this sort of attitude about people in
her great-aunt, and their cousin, Ernest Isaac, lived in Amite County, where there
jail or prison, then we are in trouble.”
was as yet no movement to register African-Americans to vote. Dr. Moses rode
Had she felt unclear about what path
with Redfield’s grandmother, great-aunt, and their cousin, Ernest Isaac, to the
to pursue in life, Redfield’s visit to the jail
courthouse in Liberty, Mississippi. The group waited all day on the courthouse
turned her passion for social justice firmly
porch—eventually each one was allowed to go in individually and complete a
toward a legal career in criminal defense.
form necessary for registering to vote. Upon leaving the courthouse, they were
Few of her classmates in the Law School
trailed by a patrol car. When they reached the county line they were pulled
shared Redfield’s interest in this field,
over and Dr. Moses was arrested. He used his one phone call to call the Justice
specifically the death penalty. Nevertheless,
Department. The charges were dropped.
she felt encouraged by the school’s
professors and related programs. “Many
Photo by Plater Robinson, Southern Institute in New Orleans, Louisiana.
people supported my interest in death
penalty work while I was at the Law School.
I think it’s become even more supportive as
they could have been killed or assaulted and not many
people would have cared. The fact that they took that risk
is continually amazing, and I think maybe I have some of
their spirit in me.”
This spirit carried into Redfield’s undergraduate days
Redfield remains true to her lifelong philosophy. “I
always said if I was going to do something with my life it
should be something where I could make somebody else’s
at Mississippi’s Tougaloo College. An undergraduate
life better.” Her passion to help others, the spirit of her
research fellowship with the American Bar Foundation first
family history, and her legal experience have given her the
introduced her to criminal defense work. The program
opportunity to do just that.
included a tour of the Cook County Jail. She remembers
[54]
the years go by, but I also think that is true
at UVA about all public interest.”
UVA Lawyer • spring • 2006

1940
Foundation, the Black Lawyers Association,
Edward M. Payne III was recently elected
Former UVA collegiate boxing champion
and a division of the American Bar
as Chairman of the Board for City National
Mortimer Caplin was honored for his
Association known as the Senior Lawyers.
Bank. Payne is of counsel at File Payne
contribution to UVA boxing during the
halftime ceremony of the UVA vs. Georgia
Tech football game. Caplin claimed the
NCAA middleweight title in the 1930s and
later served as the Faculty Chairman of
Athletics at Virginia during the early 1950s.
In the halftime ceremony he was honored
Scherer & File in Beckley, W.V.
1959
Edwin Jay Rafal will soon mark his fifth
1963
year as of counsel to the Virginia Beach
Michael A. Bander is pleased to be joined
firm of Shuttleworth, Ruloff, Giordano &
as a Law School alumnus by his daughter
Swain.
Deborah Rose Bander ’05. Deborah is
clerking for the Honorable Ursula Ungaro-
alongside 27 UVA boxing alumni.
1960
1948
At the recent
Retired many years ago, Kemper Goffigon
III reports he is a healthy 86 year-old
widower. He still plays golf, fishes, and
often travels with friends. He continues to
hold season tickets for UVA football and
looks forward to seeing college and Law
School classmates at the games.
1953
George W. Martin received the Griswold
West Virginia Bar
Association’s 119th
Annual Meeting,
G. Thomas Battle
was presented the
prestigious Award
of Merit for “outstanding lifetime of
distinguished service to the legal profession
and/or the judiciary in West Virginia.”
Battle is a member of Spilman Thomas &
Battle in Charleston.
Award in recognition of his biography on
Charles Burlingham, published by Ferrar
Strauss. Martin will be asked to speak to
the Supreme Court in connection with
receiving the award.
1954
Edmund M. Schotz continues to practice
1957
Southern District of Florida.
William T. Wilson
has been elected
chair of the Senior
Lawyers Conference
of the Virginia State
Bar. He will lead
the conference as it
addresses social issues that affect seniors—
issues that include nursing home and
assisted-living care and hospital-acquired
infections. Wilson is a former member
1961
of the Virginia House of Delegates. He
Robert Montague III became a life
Nicely in Covington, Va.
practices with the firm Wilson, Updike &
member of the Virginia Bar Association
in July and has retired from the active
practice of law. His son, R. L. Montague IV
’97, became a partner at Hogan & Hartson
in Washington, DC in December 2004.
law full time at his New Jersey firm, Cole,
Schotz, Meisel, Forman & Leonard.
Benages of the U.S. District Court for the
1964
After 10 years of recognition in Best
Lawyers in America, Graham D. Holding,
Jr., was again selected by his peers for
1962
inclusion in the 2006 edition for his
Frank C. Galloway is
Bradshaw, & Hinson in Charlotte, N.C.
work in trusts and estates at Robinson,
listed in the 2006 Best
Frank Hale Stewart spent three weeks
Lawyers in America for
John Riggs retired from the practice of
teaching 15 law students in Johannesburg
his focus on real estate
law as a partner at White & Case in Paris
and Durban, South Africa. Upon completing
law at Hand Arendall in
on March 31, 2005. Shortly thereafter,
Stewart’s courses, students presented him
Birmingham, Ala.
he was elected chairman of the Board
with a carving of a Swazi family and
of Governors of the American Hospital
warrior. Stewart’s participation in this
of Paris, which celebrates its centennial
program was funded in part by the Ford
in 2006. The hospital has 200 beds, 350
accredited doctors, and 780 employees.
UVA Lawyer • spring • 2006
[55]
Class Notes
Kentucky Trial Lawyer Goes International
JAMES G. APPLE ’62, former Kentucky trial lawyer, could spend
his time enjoying days of leisure and travel as part of retired life.
Instead, his frequent visits to Europe or Latin America are not
conventional vacations but rather an international commute as he
works and travels as President of the International Judicial
Academy, a growing institute he co-founded in 1999.
Apple’s Academy is the first of its kind to extend juridical
education to international judges and court officers, using the
United States judicial system as a model. Based out of Washington,
DC and with a Latin American office in Buenos Aires, the
International Judicial Academy is an example of Apple’s interest
in all things international. However, the beginning of Apple’s
career would not indicate his future impact on international court
systems.
“To understand my reasons for beginning the Academy, you
really have to start with how I felt in the late 80s,” Apple explains.
considerable student interest in IJA programs. Recognizing this
“I was a trial lawyer in Kentucky and I was getting burned out.”
strong interest, Apple expanded the IJA by opening a second office
Having spent 25 years in trial law, he felt it was time to take a leave
in Buenos Aries.
of absence to pursue his unfulfilled desire to study international
Through the Latin American program, the IJA sponsored a
law. He went to the University of Edinburgh in Scotland and
series of seminars on scientific evidence, pointing to the Supreme
received his Masters of Law Degree in International Comparative
Court Daubert rulings as an example. The IJA event was highly
Law. Upon his return to the U.S. in 1990, Apple remembers
publicized in speeches, magazine articles, and television interviews
thinking, “there is no going back to the farm!” He settled in
and drew over 500 judges from throughout South America. It
Washington, DC, and began running the international programs
has already produced results. “One of the provinces adopted the
for the Federal Judicial Center.
Daubert standard this fall,” said Apple. “This was most gratifying
Apple’s ideas for the Academy developed from his work with
the FJC. For nine years he conducted or coordinated over 50
because it marked a major change as a result of IJA’s efforts.”
In 2005 the IJA held its first annual Sir Richard May Seminar
seminars for foreign judges, assisted in a series of FJC seminars
on International Law and International Courts, a program held at
which educated 225 Russian judges, and briefed over 3000 visiting
The Hague, Netherlands for American judges. The program honors
judges from 150 countries. As his involvement with international
the late Sir Richard May, a close friend of Apple’s from Edinburgh
judges increased, he realized he could provide assistance beyond what
and the first British representative on the International Criminal
the FJC could offer, and his dream for the start of the IJA began.
Tribunal for the former Yugoslavia. “The seminar was tremendously
Eligible for retirement from the FJC in 1999, Apple instead
successful,” boasts Apple. It received excellent reviews, with one
took just a brief vacation. “I decided if the Academy were to be
participant commenting, “I came curious, and I left intrigued and
established, I had to do it then. I wasn’t getting any younger.” As a
determined to follow the work of the courts. The best part: people
result, only eight days after leaving the FJC, Apple opened the IJA’s
of substance and obvious capacity were all committed.” Apple has
first office in Washington, DC with just “$300 and a dream.” In its
already received a private grant to continue the Sir Richard May
first year, the IJA conducted three programs with 44 participants.
Seminar again next fall and plans on turning this into an annual
Today, the Academy has taught more than 1400 participants in 34
event.
separate programs.
The variety of courts in the Washington area provides an
As for the future of the IJA, Apple will continue seeking new
areas to offer specialized services. With characteristic humility
incomparable setting for studying America’s judicial system.
he simply explains, “We are just marching along and looking for
Argentine judges evidently find the IJA’s Washington programs
different subjects to teach.” 
especially helpful, because the Academy continues to draw
[56] UVA
UVALawyer
Lawyer• spring
• spring• 2006
• 2006
[56]
Class Notes
1965
emphasis on the American presidency.
Maj. Gen. Andrew M. Egeland, Jr. USAF
Eric B. Rudolph is still very active with
UVA President John Casteen wrote, “All of
(Ret.) was named President and CEO
lacrosse. He was inducted into the Georgia
us look forward to supporting the center
of the Association of Military Banks
Lacrosse Hall of Fame in 2005.
as yet another distinguished leader takes its
of America. AMBA is a not-for-profit
helm, especially so as the importance of its
association of banks operating on military
work becomes increasingly visible.”
installations and includes community
1966
G.W. Birkhead will retire this year after 36
years at Vandeventer Black in Norfolk, Va.
He will still have an office and do a little
work until his daughter leaves for college
in September. Then he plans to head to
hideaways in West Virginia and Florida.
William Moran is still working in a
small practice doing mostly wills, estates
and elder law. Retirement is not even a
consideration at the moment. In fact he
is now breaking out into another field
by building a 20,000 square foot office
building on property that he already owns.
Although he looks forward to the rental
income, he is less interested in being a
landlord.
Guy K. Tower joined the staff of the
Virginia Bar Association in September. He
succeeds Charles B. Arrington Jr. ’61, who
banks and larger multinational financial
Irving Brand was selected for listing in
institutions.
Marquis Who’s Who in America, Who’s Who
in American Law, and Who’s Who in Finance
Donald C. Greenman with Ober�Kaler,
and Business. Brand is Vice President of
was recognized in Best Lawyers in America
Staff Labor Relations at NBC, Inc.
2006, for his expertise in the Maryland
maritime law section. He continues work
Stuart Falk has joined Homestore, Inc. as
with a focus on admiralty matters, general
Strategic Sales Manager with management
litigation, commercial transactions, and
responsibility for the sale of cross media,
international law issues.
online, and print advertising programs
to major national consumer marketers
seeking to reach new movers and new
homeowners before, during, and after the
move. Falk, who underwent a successful
liver transplant in 2001, remains deeply
involved with organizations supporting
organ donation and has been recognized
for his major gift fundraising efforts on
behalf of the transplant program of the
University of Miami Miller School of
1969
J. Hodge Alves III
of Hand Arendall
in Mobile, Ala. was
included in the
2006 Best Lawyers
in America for his
specialty in maritime
law.
Medicine.
1970
As part of an approach to make the
Kenneth M. Greene
University of Virginia one of the world’s
has been selected to
leading educational institutions, former
Business North
University Rector Gordon F. Rainey,
Carolina’s “Legal Elite”
Jr., was appointed to spearhead the
in the practice areas of
University’s $3 billion capital campaign.
bankruptcy law and
University President John T. Casteen III
business law as
said that Rainey “is a born leader whose
announced in the
judgment and level of aspiration for the
January 2006 edition. In addition, he was
University are exactly what one seeks in a
selected as a Super Lawyer in the practice
1967
campaign chair.”
area of banking law in the 2006 edition of
Former Virginia Governor Gerald L.
1968
served as VBA’s vice president since 1991
and worked with Tower during a transition
period before stepping down in February.
VBA President James Meath comments,
“Guy is highly respected by the bench and
bar, and brings a wealth of experience in
many areas to this position. We are truly
fortunate to have found a new executive
leader who is already so familiar with the
VBA, its members and its various areas of
responsibility.”
Baliles was named the fifth director of
the University’s Miller Center of Public
Affairs, the leading nonpartisan institution
dedicated to studying American national
North Carolina Super Lawyers. Greene
Henry Blackiston has joined Seyfarth
practices in Greensboro, N.C. with
Carruthers & Roth.
Shaw as the lead New York employee
benefits partner.
and international policy, with a special
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 September 1 for inclusion in the next issue.
UVA Lawyer • spring • 2006
[57]
Class Notes
Ed DeSear is a partner in the New York
Aubra Anthony writes that Jim Rubright
office of McKee Nelson, founded by
’72 is the newest officer of the American
his UVA tax professor, Bill McKee. The
Forest & Paper Association. Rubright is
firm’s primary practice areas are tax and
© WASHINGTON POST
1971
CEO of Rock-Tenn Company in Norcross,
Ga. Anthony just ended his term as
chairman.
structured finance, his specialty. DeSear
hopes to convince his son, a school teacher
and 2000 graduate from Columbia, to try
law school, possibly at UVA.
Meade Whitaker, Jr.
“Mrs. Palfrey at the Claremont,” a
is serving as the 2005
film produced by Lee Caplin, debuted
Teri Noel Towe joined Princeton
Chairman of the
at the 2005 Virginia Film Festival in
University’s Arthur Mendel Music Library
Board of Trustees
Charlottesville. The screenplay for the
in presenting “A Special Symposium
of the Alabama Real
film was written by Caplin’s mother,
in Celebration of the Centenary of
Estate Research and
Ruth Sacks Caplin. Ruth is the wife of
Professor Arthur Mendel and the Sixtieth
Education Center
Mortimer ’40.
Anniversary of The Bach Reader.”
at the University of
Towe contributed to the event with a
Alabama. Established in 1996, the center
Quarles & Brady announced Gerald E.
presentation entitled, “Music is Something
is a state-of-the-art comprehensive
Connolly as one of its Milwaukee-based
People Do”: Arthur Mendel, Music 303, and
research and education facility designed
real estate law attorneys elected by his
the Indispensability of Recordings.
to support Alabama’s professional real
peers for inclusion in Best Lawyers in
estate community and the state’s overall
America 2006. Because listings are based
economic development efforts. Whitaker
on the votes of other lawyers and cannot
is a partner in the Birmingham office of
be solicited, inclusion in Best Lawyers is
Bradley Arant Rose & White. His practices
considered a particular honor.
focus primarily on commercial real estate,
including the acquisition, development,
Howard Gordon is listed in the 2006
financing and leasing of commercial real
edition of Best Lawyers in America in the
estate projects. Whitaker is also listed in the
field of real estate, for which he has been
2006 edition of Best Lawyers in America in
listed since 1995. Gordon is a member at
the real estate category.
Williams Mullen in Norfolk, Va.
J. Warren Wood III
Edward W. Wellman,
has become of
Jr., of Parker Poe
counsel to the firm of
Adams & Bernstein
Greenbaum, Rowe,
was listed in the 2006
Smith & Davis in
edition of Best Lawyers
Woodbridge, N.J.
in America for his
He concentrates
focus on corporate law
his practice in
in Charlotte, N.C.
international and domestic alternative
Claire Guthrie Gastanaga was elected to
serve as national Vice President for Public
Policy for the National Association of
Women Business Owners for 2005–2006.
Gastanaga lives in Richmond.
George G. Lynn was selected by a peer
review survey for inclusion in Best
Lawyers in America 2006 for his practice in
antitrust law at Maynard, Cooper & Gale in
Birmingham, Ala.
Paul F. Mickey, Jr. joined the Washington,
DC office of Steptoe & Johnson as a
partner in the employment law group.
Steptoe’s chairman said Mickey “has a long
and outstanding record of professional
accomplishments and is well known and
widely respected as one of the top lawyers
dispute resolution, general corporate
1973
and securities matters, non-profit
Brendan P. Bovaird is of counsel at Hunt
organizations, and health care law.
& Ayres in Philadelphia and also serves as
Thurston Moore, managing partner of
Acting Executive Director of Philadelphia
Hunton & Williams in Richmond since
Volunteer Lawyers for the Arts where he
1991, has been elected Chairman of the
Aubra Anthony ’71 writes that Jim
is a member of the Board of Directors.
firm’s Executive Committee. Moore is
Rubright is the newest officer of the
Bovaird also serves as a director of the
a partner in the firm’s business practice
American Forest & Paper Association.
Philadelphia Shakespeare Festival and
group.
Rubright is CEO of Rock-Tenn Company
Young Audiences of Eastern Pennsylvania.
1972
in Norcross, Ga. Anthony just ended his
term as chairman.
[58]
1974
UVA Lawyer • spring • 2006
in this region.”
Class Notes
Lamb McErlane
1975
The Honorable John Charles Thomas,
announced that
Herb Beskin has been appointed a Chapter
former Justice of the Supreme Court of
James C. Sargent, Jr.,
13 Bankruptcy Trustee for the Western
Virginia, has been named a member of
chairman of the firm’s
District of Virginia.
the Court of Arbitration for Sport, based
litigation department
in Lausanne, Switzerland. The members
has been appointed to
Glenn R. Croshaw,
of the Court include lawyers and former
the Appellate Court
of Willcox & Savage,
jurists from around the world. CAS is an
Procedural Rules
served as one of three
independent arbitral institution created
Committee of the Pennsylvania Supreme
co-chairs leading
in 1983 to settle sports-related disputes
Court. As cases develop and new legislation
Virginia Governor
involving drug violations and rules of
is passed in Pennsylvania, members of
Tim Kaine’s transition
international sporting federations. It
the Appellate Court Procedural Rules
team. Croshaw is
hears cases arising from most world-class
currently a member
sporting competitions and has global
Committee make recommendations to
the Pennsylvania Supreme Court on ways
of the Virginia State Crime Commission,
jurisdiction. The Court has offices in
to adapt and update the rules of appellate
and he served as a member of the Virginia
Lausanne, Switzerland; Sydney, Australia;
procedure.
House of Delegates between 1986 and
and New York City, and establishes ad hoc
2000. He also chairs the firm’s government
offices in Olympic host cities, as required.
Kevin J. Walsh was recently a featured
relations practice, which specializes in state
Thomas, an authority in dispute resolution,
speaker at the Fundamentals of
and local government issues.
is Chief of the Appellate Practice Group
Reinsurance Litigation and Arbitration
at Hunton & Williams in Richmond. He
Conference sponsored by Mealey’s. Kevin
Mike Faherty has retired from the
joined the law firm 30 years ago and during
is a partner at the New York office of Lord,
Gloucester School Committee. He is
his legal career has served as a Justice, an
Bissell & Brook.
thinking more and more about full-time
arbitrator, a mediator, and a law lecturer.
retirement, but with one freshman in
Thomas joined the more than 170 CAS
Robert P. Wax has been named to Best
college and another senior in high school,
international arbitrators in June and soon
Lawyers in America in the alternative
it remains only a thought.
will begin hearing disputes involving the
dispute resolution category. From his
world’s elite athletes. He is a member of the
office in Hartford, Conn. he is a full-
Caine O’Rear was
London Court of International Arbitration,
time arbitrator/mediator of complex
included in the
The International Bar Association, and
commercial and energy cases nationwide.
2006 Best Lawyers
the American Arbitration Association:
in America for his
Board of Directors, Executive Committee,
Harold “Stormy”
practice in commercial
Law Committee, Commercial Panel, and
Wheeler passed away
litigation and
International Panel of Arbitrators.
unexpectedly on
construction law at
December 8. He was
Hand Arendal in
Robert W. Webb, Jr. is the new chairman
60. For more than 30
Mobile, Ala.
of Troutman Sanders in Atlanta. Former
years, Wheeler was one
Georgia Governor Carl E. Sanders assigned
of the most prominent
John S. Oyler was
this position to Webb after announcing his
lawyers in the Chicago
named as a 2006
retirement from the firm he founded. After
legal community, focusing his practice
“Super Lawyers”
joining Troutman Sanders in 1975, Webb
in commercial and reinsurance litigation
by Law & Politics
has served as a managing partner.
and arbitration, most recently as a partner
Magazine. The
at Butler Rubin Saltarelli & Boyd. He was
annual honor goes
involved in many community activities,
to attorneys based
including serving on the Chicago Board
on peer recognition
of Prevent Child Abuse America. He is
and professional achievement. Oyler has
survived by his wife of 23 years, Mary A.
an automotive dealership law practice at
Martin; their three children, Ryan, Jenny,
McNees Wallace & Nurick in Harrisburg, Pa.
and Amy Wheeler, and two sisters.
1976
Walter Bardenwerper was profiled in the
September 2005 issue of the Legal Times.
He is Vice President and General Counsel
of Watson Wyatt Worldwide in Arlington,
Va. His daughter Nelly is the class of 2008
at UVA Medical School.
UVA Lawyer • spring • 2006
[59]
Class Notes
Peter E. Broadbent, Jr., has been elected
opened its office in Guangzhou in 1995.
1977
chairman of the Business Law Section
McCandlish Holton’s China Practice assists
J. Herbie DiFonzo has been appointed
of the Virginia State Bar. He was also
U.S. and European companies in trade,
Director of the LL.M. Family Law Program
recognized again by Virginia Business in
direct procurement, and direct investment
at Hofstra University in New York. In
its annual survey as one of the Virginia
in China.
October, he delivered the University
Distinguished Faculty Lecture, “The
“Legal Elite” in the field of business law.
Broadbent practices business, intellectual
Luther T. Munford now chairs the
Surprising Unreliability of DNA: A
property and communications law as
Eisenberg Prize Committee of the
Tale of Bad Labs and Good Statutes of
a partner with Christian & Barton in
American Academy of Appellate Lawyers.
Limitations.”
Richmond.
The $2,000 annual prize goes to the
best article written on appellate practice
Lawyers Weekly featured an article on
S. Miles Dumville is the managing partner
or procedure. Munford works in the
Gloria C. Larson and her accomplishments
of the Richmond office of Reed Smith.
general litigation practice group in the
as chair of the Massachusetts Convention
Jackson, Miss. office of Phelps Dunbar.
Center Authority in Boston.
In April, Thomas L. Higginson, Jr., and a
He also teaches an Appellate Practice and
Vietnamese friend, Kim Faulkner, opened
Procedure course as an adjunct professor
In December, John
a medical clinic in a remote area of the
at Mississippi College School of Law.
F. Meck became
a partner with
Mekong Delta in Kien Giang Province,
Vietnam. The clinic, which they gave to
Ann Margaret Pointer has been named to
Pittsburgh’s Eckert
the Vietnamese government, is expected
the 2006 edition of Best Lawyers in America
Seamans Cherin &
to treat several thousand cases a year,
for specializing in labor and employment
Mellott in their tax,
primarily women before and during
law at Fisher & Phillips in Atlanta. Pointer
estates, and trust
childbirth, infant maladies, cases of dengue
has represented management in labor and
fever, and accident victims. Higginson
employment matters for more than 29
also selected for inclusion in Best Lawyers
and Faulkner will shortly open a private
years and is also an adjunct professor at
in America 2006.
orphanage near the provincial capital, to be
the Emory University Law School. She has
managed by Faulkner and her sister-in-law,
been selected as a “Georgia Super Lawyer,
Robert M. Morgan is still in Herndon, Va.
and may build a larger facility in the future.
Employment Litigation” since 2004.
at Perot Systems and on the pro bono side,
serving as general counsel and a board
They are planning to bring a number of
the children to Saigon to be operated on by
John Vering was recently selected as
member of the National Wildlife Refuge
a stomatological team from Houston for
a Missouri/Kansas Super Lawyer and
Association working to protect some
cleft lips and palates.
for inclusion in Who’s Who Legal USA
550 refuges run by the Fish and Wildlife
— Management Labor and Employment
Service.
James Hingeley was inducted as a Fellow
2006.
of the Virginia Law Foundation in 2005.
Fellow selection is limited to one percent of
M. Hamilton “Tony” Whitman, Jr.,
Virginia lawyers and recognizes excellence
Maryland lawyer and a principal in
in the practice of law and public service.
Ober | Kaler, has been inducted as a
Fellow of the American College of Trial
Daniel J. Hoffheimer published “The Ohio
Lawyers. Fellowship in the college is by
Slayer Statute, Common Law, and ERISA
invitation only, and is extended to certain
Preemption,” in the November-December
experienced trial lawyers who have
2005 issue of Probate Law Journal of Ohio,
demonstrated exceptional skill as advocates
with co-author Julia B. Meister.
and whose professional careers have been
marked by the highest standards of ethical
Thomas W. McCandlish is Chairman of
conduct, professionalism, and civility.
McCandlish Holton, headquartered in
Whitman, Ober�Kaler’s Admiralty practice
Richmond. McCandlish Holton recently
chair, was also selected for the 2006 edition
added an office in Shanghai to serve the
of Best Lawyers in America.
firm’s growing China practice. McCandlish
Holton became one of the first 12 U.S. law
firms to open an office in China when it
[60]
department. He was
UVA Lawyer • spring • 2006
1978
Bob Barry, a member of Kaufman &
Canoles in Norfolk, Va. has just completed
a successful, two-year term as chairman
of the Virginia Bar Association’s Labor
Relations and Employment Law Section.
Barry has been named to Best Lawyers in
America and has consistently been chosen
by his peers to Virginia Business Magazine’s
Legal Elite for labor and employment
law. Barry has also served the Law School
Foundation as class manager for the Law
School’s class of 1978 since graduation.
Mary Bland Love still practices medical
malpractice defense in Jacksonville, Fla.
where she also serves as chair of the
Class Notes
Judicial Nominating Commission for the
Fourth Judicial Circuit. She has completed
the nomination process for a Duval
Kenneth Oder ’75;
A Passion for Public Counsel
County Judge and a Fourth Circuit Judge
and is “excited to have only one more
Ten years ago Kenneth Oder, former
county judge selection process to go.”
partner at Latham and Watkins and
Robinson, Bradshaw & Hinson announced
Edwin F. Lucas was recently selected by
his peers for inclusion in Best Lawyers in
America 2006 for his practice in public
finance law. Lucas is with the firm’s
Charlotte, N.C. office.
Executive Vice President of Safeway,
Inc., turned his interest in advocacy for
children into an active role with Public
Counsel, the nation’s largest pro bono
law firm. Its staff of 27 attorneys along
with thousands of volunteer lawyers,
law students, and legal professionals
Joe Ryan has been practicing law in
represent each year over 26,000 low
Columbus, Ohio at Porter Wright Morris
income children, youth, adults, and
& Arthur for 27 years. He will serve as
families, as well as eligible community
Director of the International Association
organizations. Oder joined the board
of Defense Counsel Trial Academy at
in 1996 and in September 2002 he
Stanford Law School this summer.
became chair.
1979
worked to attract more corporate
Robert G. Dykes announced his retirement
executives to Public Counsel. “Law firms are a solid base for contributions, especially
from Vorys, Sater, Seymour and Pease in
for volunteer work, which we obviously need,” acknowledges Oder. “However, everyone,
Columbus, Ohio at the end of 2005. While
not just lawyers, can play a meaningful role in furthering Public Counsel’s goal of equal
relinquishing most law-related positions,
he will retain inactive membership in
the American College of Trust and Estate
Counsel. He writes that he is grateful
to the Law School for the educational
experience that enabled him to participate
After joining the board, Oder
justice.” He urges other executives to get involved as corporate contributors and also as
board members. He recruited his son (a financial analyst) and daughter-in-law to lend
their support to Covenant House, which works with Public Counsel to help homeless
teens.
One aspect of Public Counsel’s operations that is particularly appealing to Oder is
in the opportunities afforded him in the
the organization’s heavy reliance on the use of volunteers from every walk of life. “I’m
legal profession. He will now pursue his
a firm believer that thousands of people, each contributing some time, effort, skill or
investment interests.
money can truly make a difference in the quality of life in our communities,” says Oder.
“What makes Public Counsel so special is that it has incorporated this notion into its
Michael Haaren, co-founder and COO
day-to-day operations in a seamless way that leverages its resources exponentially.”
of Staffcentrix, co-authored The 2-Second
Oder’s contributions to the organization have been far-reaching and invaluable, says
Commute, recently published by Career
Rand April, who succeeded Oder as chair. “Ken is truly special—there are literally
Press. (See In Print section). A primer
thousands of individuals in our community who will never know Ken’s name but who
for “free agents” who would like to
work from home, the book is based on
groundbreaking virtual career training
programs that Haaren co-developed for
U. S. military spouses and which are now
available at some 50 military installations
internationally. An expert on virtual
have greatly benefited from his wisdom, kindness, and generosity.”
Dan Grunfeld, Executive Director of Public Counsel concurs. “It’s very hard to
properly thank Ken for all he has done for Public Counsel and the community,” he says.
“When you combine Ken’s phenomenal judgment, talent, and instincts with one of the
biggest hearts you will ever encounter, you have a pretty special person.”
With characteristic modesty, Oder deflects any praise back to the organization
services and advocate of stronger families
he helps. “I only do what Board members do—review decisions made by officers, set
through home-based careers, Haaren
the budget, raise funds, round up volunteers to do the work, and some other things.
appears often in such media as Forbes,
I just give them some of my spare time, but the real engine of Public Counsel is Dan
Fortune and The Wall Street Journal.
Grunfeld and the staff, who have dedicated their careers at great financial sacrifice to
His company, Staffcentrix, was recently
this cause.” 
UVA Lawyer • spring • 2006
[61]
Class Notes
awarded a contract by the Department of
State to train Foreign Service spouses as
“virtual professionals.”
Quarles & Brady announced Ely A.
1980
Ronald L. Napier is leading a Rotary
Frank D. McPhillips is recognized in Best
Group Study Exchange (GSE) Team to
Lawyers in America 2006 for his specialty in
Finland for a four week vocational and
public finance law at Maynard, Cooper &
cultural exchange this spring. The GSE
Gale in Birmingham, Ala.
program offers business and professional
Leichtling as one of five of its Milwaukee-
leaders the opportunity to witness and
based labor and employment law attorneys
Sally C. Merrell, a partner with Quarles
experience their respective vocations in the
selected by peer review for inclusion in Best
& Brady in the Milwaukee office, has been
context of another culture. In other news,
Lawyers in America 2006. Because listings
recognized as one of the top 25 female
On March 10, the General Assembly of
are based on the votes of other lawyers
lawyers in Wisconsin by Law & Politics.
Virginia elected Napier as a Juvenile and
and cannot be solicited, inclusion in Best
Merrell focuses her practice in the areas
Domestic Relations Court Judge for the
Lawyers is considered a particular honor.
of estate planning, probate, and charitable
26th Judicial District of Virginia. His term
gift planning. She has devoted more
will begin on July 1.
A. Inge Selden is included in Best Lawyers
than 20 years to assisting individuals and
in America 2006 for his specialty in
family-owned businesses in preserving,
Robert F. Turner, General Faculty
commercial litigation at Maynard, Cooper
protecting, and enhancing their wealth.
Professor at the Law School and Associate
& Gale in Birmingham, Ala.
Director of the Center for National
W. David Paxton,
Security Law joined forces with Law School
Roy L. Smart III was selected for inclusion
partner with Gentry
Professor John Norton Moore, and Ross
in Best Lawyers in America 2006 listing for
Locke Rakes & Moore
Fisher ’04 to edit a book of essays on the
his specialty in corporate law with Parker
in Roanoke, Va. has
Vietnam War, To Oppose Any Foe: The
Poe Adams & Bernstein in Charlotte, N.C.
been named to the
Legacy of U.S. Intervention in Vietnam. The
2005 Virginia Legal
essays were written by current or former
After 20 years with
Elite by Virginia
UVA Law students. (See In Print section.)
the corporation,
Business Magazine.
Elaine Whitbeck was
Paxton was named in the category of
recently promoted to
1982
Labor & Employment Law. The Virginia
Senior Vice President,
Previously leading Morgan Stanley’s global
Legal Elite are chosen through a survey
Chief Legal Officer/
technology mergers-and-acquisitions
conducted by Virginia Business and the
General Counsel and
practice, Chuck Cory of Menlo Park,
Virginia Bar Association. More than 5,500
Corporate Secretary
Calif. was recently named Chairman of the
lawyers are polled to nominate lawyers
of Alcon Laboratories, Inc., where
Global Technology Investment Banking for
who have demonstrated exceptional levels
she is responsible for all legal matters.
the firm.
of expertise in their areas of practice.
Alcon is the world’s largest ophthalmic
A veteran real
pharmaceutical company and its stock is
F. Blair Wimbush was elected to the Board
traded on NYSE.
estate attorney with
of Trustees for the Virginia Historical
extensive experience in
Society in Richmond.
complex commercial
Jack H. White has been appointed Senior
Vice President and General Counsel of
the Domestic Telecom division of Verizon
Communications. He will be based
in Verizon’s newly opened corporate
headquarters in Basking Ridge, N.J., but he
and his wife Marianna, plan to maintain
their family residence in Northern Virginia,
where their two sons, Ian and Winston,
attend school.
transactions, Michael
1981
J. Dalton recently
Stanley K. Joynes was named co-chair of
joined Greenberg
the Forum on Democracy and Diversity, a
Traurig in Dallas.
signature event of the Richmond Region
2007 celebration. He was also named
C. Allen Gibson, Jr., has been elected
co-chair of the Advisory Council of the
to membership in the American Board
Greater Richmond YWCA, an agency
of Trial Advocates (ABOTA) and the
devoted to serving at-risk youth and
Charleston Chapter of ABOTA by the
victims of sexual assault and domestic
National Board of Directors. ABOTA
violence.
seeks attorneys who display skill, civility,
and integrity, to help younger attorneys
achieve a higher level of trial advocacy
and to educate the public about the vital
importance of jury trials. Gibson is head of
[62]
UVA Lawyer • spring • 2006
Class Notes
Buist Moore Smythe McGee’s construction
1983
Chief in March 2002. Prior to his work
practice group in Charleston, S.C., and is
Joyce Elden has been elected a Fellow in
in the Frauds Bureau, Kitsis was assigned
a former chair of the ABA Forum in the
the American College of Mortgage. She has
to the Special Prosecutions Bureau and
Construction Industry.
a real estate financing practice at Akerman
the Trial Division. He joined the District
Senterfitt in West Palm Beach, Fla.
Attorney’s Office in August 1983. While
Jacqueline M. Gordon joined Buchanan
in the District Attorney’s Office, Kitsis has
Ingersoll as Special Counsel in Washington,
James D. Griffin was listed in the 2005
worked on a number of significant cases,
DC.
Missouri & Kansas Super Lawyers. Griffin
including the Oxford Capital Securities
has also been listed in Best Lawyers in
trial which was the first white collar
Keith Hemmerling writes that David
America for the state of Kansas since 1997.
Enterprise Corruption case to go to verdict
Byrne and the Talking Heads released Once
Griffin is a partner with Blackwell Sanders
and the A.S. Goldmen trial.
in a Lifetime, the CD/DVD set, on which
in Kansas City, Mo.
Hemmerling is featured in BLIND (on the
Shughart Thomson & Kilroy announces
Virginia Governor Tim Kaine referred
that Greg Musil has again been recognized
to Patrick Gottschalk as a “dealmaker”
by his peers and clients for his expertise
Jenny Jordan McCall loves living in
during his announcement appointing
in business litigation in Best Lawyers in
Hillsborough, Calif. with her husband
Gottschalk to serve as secretary of
America and Chambers USA: America’s
Jim and four children, Peter, Caroline,
commerce and trade. Gottschalk worked
Leading Lawyers for Business. Musil was
Andrew, and Hillary. Each child attends
as a partner of Cantor Arkema, is general
also recognized in 2005 by KC Magazine as
the Menlo School in Atherton. Peter has
counsel to the Virginia Economic
a Missouri/Kansas “Super Lawyer.”
been accepted to Princeton next year, and
Developers Association, and a member
Caroline won a bronze medal in the SW
of the Virginia Chamber of Commerce’s
In November 2005, Time recognized
Regional Crew Championships. Jenny
economic development committee.
Arizona Governor Janet Napolitano
DVD).
serves as chair of the individual client
as one of America’s five best governors,
services group (trusts and estates) at
Thomas N. Griffin, III
admiring her for “positioning herself as a
Pillsbury Winthrop Shaw Pittman and has
was selected for Best
no-nonsense, pro-business centrist, she has
offices in Palo Alto and New York.
Lawyers in America
worked outside party lines since winning
2006 for his focus
office in January 2003 to re-energize a state
Mark W. Merritt was selected by his
in environmental
that, under her predecessors, was marked
peers for inclusion in Best Lawyers in
law with Parker Poe
by recession and scandal.” In summer of
America 2006 for his work in antitrust law
Adams & Bernstein in
2005, she was picked as vice chair of the
and commercial litigation at Robinson,
Charlotte, N.C.
National Governors Association, the first
Bradshaw & Hinson in Charlotte, N.C.
woman to occupy that position in the
Donna Harris was selected Managing
group’s 97-year history.
Christopher J. Powers, MD is a licensed
Deputy General Counsel for the Corporate
medical doctor on the faculty at the Texas
Regulatory & Securities Practice Group
John E. Osborn
Tech University Heath Sciences Center. He
for Wachovia in Charlotte, N.C. Harris
testified in
teaches obstetrics and gynecology while
will join Wachovia’s legal team, using her
Washington, DC
using his legal education “to avoid being
previous experience to provide leadership
in November on
sued,” he writes.
and counsel to the company. Geoffrey D.
“Antitrust and the
Lewis is now the Senior Vice President
New Economy”
Thatcher Stone became a shareholder
and Chief Legal Officer of RE/MAX
before the Antitrust
in Akerman Senterfitt where he will be a
International, Inc. headquartered in
resident in the newly opened New York
Denver.
City office. After this move, Stone will
Modernization
Commission, which was established by the
Congress to evaluate the effectiveness and
continue a practice related to all facets
Manhattan District Attorney Robert M.
application of our antitrust laws. In his
of the aviation industry and complex
Morgenthau announced the promotion of
testimony, Osborn addressed the review
financial transactions and litigation.
Assistant District Attorney Michael Kitsis
of prospective mergers in the life sciences
to Chief of the Frauds Bureau in March.
industry by the Federal Trade Commission.
Kitsis had been Deputy Bureau Chief. He
Osborn was also recently appointed to
joined the Frauds Bureau in September
the Advisory Committee on Intellectual
1990 and was appointed its Deputy Bureau
Property for the U.S. District Court of
UVA Lawyer • spring • 2006
[63]
Class Notes
Delaware. He is senior vice president and
Peter S. Brunstetter
1985
general counsel of the biopharmaceutical
at Kilpatrick Stockton
Barbara Giuffre and Richard
company Cephalon, Inc. in Frazer, Pa.,
in Winston-Salem,
Raushenbush ’86 recently returned to
a member of the board of directors of
N.C. was listed in Best
work in San Francisco after a seven-month
Incept BioSystems, a member of the board
Lawyers in America
sabbatical in Rome, where they lived next
of governors of the East-West Center
2006 for his work in
door to Gina Gambino.
in Honolulu, and a visiting research
corporate and health
collaborator in politics at Princeton
care law. Kilpatrick Stockton is ranked in
Thomas B. Griffith was recently appointed
University.
the nation’s top 25 for the overall number
a circuit judge on the U. S. Court of
of attorneys listed.
Appeals for the District of Columbia
Bill Peterson and his wife Konnie
Circuit. President Bush first nominated
welcomed their daughter Alexandra on
Michele Clause Farquhar is currently
Griffith to the DC Circuit in May 2004
September 19. She joins older brother
serving as President of the Federal
and then again in January 2005. He was
Danny. The family resides in Baltimore
Communications Bar Association and
confirmed by the Senate in June 2005 and
where Bill is Vice President and Assistant
continues to practice law as a partner at
took his seat on the court on July 1.
General Counsel at Zurich North America.
Hogan & Hartson in Washington, DC.
Moffatt G. McDonald has become a
Robinson, Bradshaw & Hinson announced
William Glew joined Alston & Bird as
Fellow of the American College of Trial
Brent A. Torstrick’s inclusion in Best
a partner in August. He was one of 14
Lawyers, composed of the best of the trial
Lawyers in America 2006, recognizing his
lawyers who moved from another firm to
bar from the United States and Canada.
work in real estate law in Charlotte, N.C.
establish an energy law practice in Alston’s
Fellowship in the College is extended by
Washington, DC office. Alston often
invitation only after careful investigation
Steptoe & Johnson announced that
reminds Glew of the Law School “in its
to those experienced trial lawyers who have
Nicholas J. Wallwork from Beshears
collegiality and respect for the individual.”
mastered the art of advocacy and whose
professional careers have been marked by
Wallwork Bellamy Chartered, one of
Phoenix’s best known civil litigation
David R. Quittmeyer
the highest standards of ethical conduct,
boutiques, is joining the firm. Wallwork
of Hand Arendall
professionalism, civility, and collegiality.
will add “top notch talent to the firm’s
in Mobile, Ala. was
complex litigation, environmental and
recognized for his
Lawrence C. Norford,
international capabilities, among many
focus on intellectual
a partner in and vice
others.”
property law in the
chair of the personal
2006 edition of Best
wealth, estates and
Lawyers in America.
trusts department,
Billy Webster’s fourth child, Elizabeth
and chair of the
Langhorne (Liza), was born on January
William Rock has been appointed
and Vinnie (3). The Websters live in
chairman of the business and real estate
practice group in
departments at Shipman & Goodwin, a
the Philadelphia office of Saul Ewing,
firm of 150 attorneys headquartered in
has been elected chair of the Board of
Hartford, Conn.
Trustees of the Philadelphia Society for
Spartanburg, S.C.
David C. Wright III was selected by his
the Preservation of Landmarks. Norford
peers for inclusion in Best Lawyers in
America 2006. Wright works in labor and
As Senior Vice President for Corporate &
has been on the board since 2004. Prior to
employment law at Robinson, Bradshaw &
Transactions Law at NBC Universal, Scott
being elected chair, he served as secretary.
Hinson in Charlotte, N.C.
Seeley’s latest deal involved acquiring
1984
Dan Bolen is the Co-Chairman of
the Bank of Prairie Village, in Prairie
Village, Kan. His son Patrick is a high
school junior at Christchurch School in
Christchurch, Va.
[64]
fiduciary litigation
17, 2005. She joins Will (7), Lily (5),
UVA Lawyer • spring • 2006
women’s destination site: iVillage for about
Steve M. Pharr, an attorney with Pharr &
$600 million.
Boynton of Winston-Salem, N.C. presented
a paper at a workshop “Building
Vulnerability and Protection Against
Chemical and Biological Agents.” The
workshop was jointly produced by the
Center for Energy Research and
Technology, North Carolina A&T State
Class Notes
University, and the U.S. Environmental
Division. Quinn was formerly the U.S.
Mearns was partner at Thompson Hine,
Protection Agency. Pharr’s paper focused
Elections Advisor for the International
also in Cleveland. “Geoffrey Mearns has
on potential liability of design
Foundation for Election Systems where,
enjoyed a distinguished legal career in
professionals in the event of terrorist
among other things, she spent over
both the public and private sectors and is
attacks. Pharr continues to enjoy work in
12 weeks in Puerto Rico working on
now bringing his considerable talents to
construction litigation practice. After a
improving elections.
a key academic leadership position at our
year as chair of the construction law
Cleveland-Marshall College of Law. The
section of the North Carolina Bar
Richard Raushenbush and Barbara
experience, accomplishments and skills
Association, he was chosen to be in the
Giuffre ’85, recently returned to work
that he will share with our students, faculty
Legal Elite, again, by Business Carolina
in San Francisco after a seven-month
and the legal community will make him
Magazine.
sabbatical in Rome, where they lived next
an invaluable member of our University
door to Gina Gambino ’85.
team,” said University President Michael
Patricia A. Screen, a partner with the
litigation practice group at Brouse
McDowell in Cleveland, was elected to
serve a three-year term on the American
Red Cross Northern Ohio Blood Services
Region board of directors. A board
member since 1998, she was also elected to
serve a one-year term on the board’s
executive committee. David Plate, CEO of
this branch of the Red Cross, attributes her
election to her ‘strong legal background’
and ‘personal and professional
commitment to our life-saving mission.’
Schwartz.
1987
Julie Zydron Griggs has been listed in Best
Lawyers in America 2006 for her work in
trusts and estates at Robinson, Bradshaw &
Hinson in Charlotte, N.C. Griggs has been
recognized in this publication over ten
times in her career.
In addition to working as a litigation
attorney with the Coca-Cola Company,
Elizabeth Finn Johnson has been named
chair of the Study Hall’s Development
Committee. This program gives over 80
1986
students from Atlanta Public Schools a
place to complete their homework, receive
Laura Barzilai has joined Sidley Austin in
tutorial assistance, and participate in after-
New York as counsel in the tax department
school activities.
where she works on a flex-time basis.
Stuart C. Johnson joined Powell
William M. Evans and his wife Sally
Goldstein’s Atlanta business and finance
welcomed their fifth child, red-haired
practice bringing extensive experience in
Zoë Odessa, on New Year’s Eve 2004.
middle-market transactions, private equity,
Coincidentally, Evans is a benefits tax
and venture capital markets.
attorney in Washington, DC.
Col. Charles Pede currently serves as the
Legislative Counsel in the office of the U.S.
Army’s Chief Legislature Liaison.
John R. Siena now works as Assistant
General Counsel and Director of European
Legal Operations for Brown Brothers
Harriman in London.
Former Virginia Governor Mark Warner
appointed Dan K. Steen to the Board
of Visitors of the University of Mary
Washington in July. Steen is serving a fouryear term on the board.
Beth Wilkinson is executive vice president
and general counsel for Fannie Mae, a
mortgage financing company. In this
position she will serve as the board’s main
legal counsel, managing the company’s
legal issues and planning the legal agenda.
She remains in Washington, DC.
Gwendolyn (Wendy) Lyford’s youngest
1989
William V. O’Reilly is the new head of staff
son, born a month after her Law School
John T. Mannato has been named vice
for the House ethics panel. A seasoned
graduation, moved to Charlottesville from
president, associate general counsel, and
attorney with two decades of experience
Alaska to become a first-year Wahoo this fall.
chief litigation counsel for Harleysville
in private practice, O’Reilly was selected in
Insurance in Harleysville, Pa. In this
November to head the House Committee
Cleveland State University has selected
position, he oversees all company
on Standards of Official Conduct. O’Reilly
local attorney Geoffrey S. Mearns as Dean
litigation, with primary emphasis on
has been an attorney in the litigation
of the Cleveland-Marshall College of Law.
claims litigation.
practice at Jones Day since 1986, and a
Mearns was most recently a partner in the
partner since 1996. He resides in Falls
Cleveland offices of Baker & Hostetler.
The Franklin College Board of Trustees
Church, Va. with his wife and children.
He was head of Baker & Hostetler’s
appointed Joseph M. Perkins, Jr. a new
national business crimes and corporate
member in February. Board chairman
Cameron Quinn recently joined the U.S.
investigations team, focusing on white-
Stephen L. Huddleston notes, “We’re
Department of Justice as Special Counsel
collar and corporate criminal defense and
honored to have Mr. Perkins join the
for Voting Matters in the Civil Rights
law enforcement agencies. Prior to that,
board. His professional experience, proven
UVA Lawyer • spring • 2006
[65]
Class Notes
leadership skills and civic interests make
honorable reputation, and proficiency
disputes involving patent infringement,
him an asset to Franklin College and the
as a trial lawyer. Paulson is the third
technology licensing, trade secrets, and
student body.”
woman attorney from Oregon elected to
unfair competition.
ABOTA. Paulson was selected by her peers
Daniel S. Savrin is included in 2006 Best
for inclusion in the 2006 edition of Best
Todd Graves plans to resign as U.S.
Lawyers in America as well as Chamber’s
Lawyers in America. Her father and law
Attorney for the Western District of
USA America’s Leading Lawyers for Business
partner, Chuck Paulson, has been listed in
Missouri in April to open the law practice
2004 and 2005 editions. Savrin is a partner
the resource book for over 20 years.
of Graves, Bartle and Marcus in Kansas
City, Mo.
with Bingham McCutchen in Boston.
Keith Rapp is now the Vice-Chief Judge
1990
James Patrick Guy II has been appointed
to chair the section council of the
administrative law section of the Virginia
Bar Association. Guy is a partner in
the Glen Allen office of LeClair Ryan’s
government relations & regulated
industries group. He has over 15 years
experience representing electric, natural
gas and telecommunications interests in
regulatory, transactional, corporate and
legislative matters. He also coordinates
the firm’s energy practice area and
formerly served as team leader for the
firm’s administrative law and government
relations team.
Judy Little, a specialist
in corporate finance
and securities law, has
returned to Haynes
and Boone’s Houston
office as counsel.
Little has extensive
for the Court of Civil Appeals in the
Michael P. Routch has joined the
Oklahoma State Supreme Court.
Hollidaysburg, Pa. office of the State
College law firm McQuaide Blasko.
Ronald J. Tenpas began his service in
Routch practices real estate, civil litigation,
Washington, DC at the Department of
business law and workers’ compensation
Justice as Associate Deputy Attorney
and lives in Duncansville with his wife
General in November. Acting Deputy
Shari Routch and daughters Kendall (9)
Attorney General Robert D. McCallum,
and Sydney (6).
Jr., appointed Tenpas and commented, “I
have worked with Ron during his service
as United States Attorney and know him
William M. Bosch has joined the
to be an outstanding lawyer and scholar.
Washington, DC, litigation department
I am pleased that he is willing to take on
of Steptoe & Johnson as partner. Bosch
new responsibilities as Associate Deputy
concentrates his practice on complex
Attorney General.” Tenpas has served the
litigation with a particular emphasis on
Southern District of Illinois as the U.S.
issues involving commercial disputes and
Attorney since November 2003. Tenpas has
intellectual property. He currently serves as
served on the Attorney General’s Advisory
lead counsel in a series of cases in state and
Committee, a group of U.S. Attorneys
federal courts in three states.
who advise the Attorney General on policy
matters. Tenpas also serves as Vice-Chair of
Neil MacBride has become Vice
the AGAC’s Sentencing Subcommittee.
President, Legal Affairs for the Business
1991
Software Alliance, a Washington, DC
trade association of software firms and
experience inside the energy industry,
Cozen O’Connor in
their hardware partners. MacBride, who
representing public and privately held
Philadelphia has named
previously served as chief counsel to Senator
companies in mergers, asset purchases, and
Sarah E. Davies as
Joseph R. Biden, Jr. (D-Del.), will oversee
stock purchases and sales.
hiring partner for the
BSA’s domestic and global anti-piracy
firm. As a member who
enforcement and compliance programs.
Portland attorney
previously served as
Jane Paulson is a
chair of the diversity
Brent M. Milgrom, Jr.
new member of the
committee and as
was selected for Best
American Board
director of the nationally recognized
Lawyers in America
of Trial Advocates
summer program, Davies will be
2006 listing for his
(ABOTA). She was
responsible for hiring firm attorneys at
focus in corporate
elected to the national
all levels in all offices and overseeing the
law with Parker Poe
summer associate programs in each office.
Adams & Bernstein in
lawyers association by the group’s national
Charlotte, N.C.
board. The organization’s president cited
Paulson for her high personal character,
Ann G. Fort was elected to partner at
Sutherland Asbill & Brennan in Atlanta
in 2005. Fort practices in the intellectual
property group, where she handles
[66]
1992
UVA Lawyer • spring • 2006
Class Notes
Clarke Futch became the proud parent
Scott Vance was recently elected to the
of twin girls Annabelle Courtney and
KPMG partnership in the Washington,
Ellery Stuart on July 18. The family lives in
DC office’s national tax practice. A KPMG
Greenwich, Conn.
principal, Vance provides income tax
accounting services. He joined KPMG in
Todd Peppers is in his fourth year of
2002, and lives in Arlington, Va. with his
teaching in the Department of Public
family.
Affairs at Roanoke College in Salem, Va.
and remains of counsel with the Atlanta
1993
law firm of Hawkins & Parnell. He is the
Gregory D. DiMeglio, former senior
author of a forthcoming book on Supreme
counsel for the U.S. Securities and
Court law clerks, titled Courtiers of the
Exchange Commission, Division of
Marble Palace: The Rise of the Supreme
Enforcement, has joined Stradley Ronon
Court Law Clerks. (See In Print section.)
Stevens & Young as a partner in the
Cary Pugh left the Office of Chief Counsel
firm’s Washington, DC, and Philadelphia
offices, and a member of its securities
litigation and investment management
groups. DiMeglio’s SEC experience will
strengthen the firm’s securities litigation
and regulatory enforcement practice.
He will advise Stradley Ronon clients
on regulatory inquiries, investigations
and enforcement actions by the SEC
and the various industry self-regulatory
organizations.
Blackwell Sanders elected Peter J. Enko
as partner to the firm, effective in
January. Enko joined the firm’s corporate
department in 1998. His practice focuses
primarily on the healthcare industry,
and he works extensively with hospitals,
physician practice groups and other
healthcare providers on transactional,
operational and regulatory matters.
Bill Kincaid continues work as the
Associate General Counsel at the
University of Arkansas. In May he chaired
an event marking the centennial of the
Washington County Courthouse. This year
his son Emory started first grade at the
neighborhood elementary school, and his
daughter Sydney attends pre-school.
1994
Anil Adyanthaya married the former Amy
Thompson on May 7, 2005 in Brookline,
Mass. His essays have appeared on the
op-ed pages of the New York Times, Boston
Globe, Richmond Times-Dispatch and
Washington Examiner. Adyanthaya reports
he was a contestant on ESPN’s sports trivia
game show, “Stump the Schwab.”
Stewart M. Brown married Sara Margaret
Burt of Santa Maria, Calif. in November.
Lois Casaleggi is now the Director of
Career Services at the University of
Chicago Law School, where former UVA
Professor Saul Levmore is the dean.
Previously, Lois served as the Assistant
Dean for Career Services at the University
of Illinois College of Law.
In the fall of 2004, Chris Dong was
promoted to major in the U. S. Air Force
Reserve JAG Corps. Dong continues work
in May to join Skadden, Arps as counsel in
its tax department in Washington, DC.
Robin Spencer and Ted Jennings proudly
welcomed the arrival of their little redhaired daughter, Afton Elsie Spencer
Jennings, who was born on November 23.
Robin is a partner in the litigation and
intellectual property groups of Schiff
Hardin in Chicago, where she focuses
her practice on franchise, dealer and
distribution litigation. Ted is a litigation
partner with Ball & Jennings in Chicago.
And their dog, Nate, is a lab mix who is
begrudgingly giving up the baby role in the
family.
Carole (Yeatts) Timberlake married Brent
Timberlake on August 28 in Richmond,
and again on September 3 in Bermuda.
Carole is the Senior Manager for Marketing
and Client Services for Troutman Sanders
in Richmond.
at the FBI Office of General Counsel and is
1995
currently doing a detail to the Department
Sean Coleman joined Integrated Financial
of Justice’s Office of Immigration Litigation.
Settlements to assist in management,
administration, and operations of a
Michael W. Fleming was named partner
company they acquired in Atlanta.
with Williams Mullen in Richmond,
Coleman is also now COO of IFS,
where he will work closely with the firm’s
which currently owns four other firms
business, e-commerce and multistate
in the business of specialized insurance
corporate compliance & public policy
brokerage.
groups. Fleming will focus his practice on the
law and policy of wireline communications.
UVA Lawyer • spring • 2006
[67]
Class Notes
Joyce M. Lee (publishing as Joyce Lee
Michael L. Davitt
Mohammed Hill married Esther Cheung
Wong) is pleased to share favorable reviews
recently joined as a
of Piedmont, Calif. on September 24 in
for her young adult novel, Seeing Emily
partner in Jones Day’s
Sacramento.
(Abrams Nov. 2005). Publishers Weekly
Dallas office where he
critiqued, “In a highly visual, eloquently
practices securities and
Rob Kole was named a Massachusetts
wrought first novel, Wong conveys a
shareholder litigation
Super Lawyer in 2005 and was recently
Chinese-American girl’s coming of age.”
& SEC enforcement
elected an equity partner of Choate, Hall &
Kliatt called the book “Heartfelt; sure to
and trial. His practice
Stewart in Boston.
attract young adults who are close to the
focuses on a variety of areas of commercial
immigrant experience, especially Asians
litigation.
Jamie Baskerville Martin and her
husband Alton Martin ’92, an associate
whose parents try to keep them attached
to traditional ways.” The Bulletin of the
Mark T. Goglia became
general counsel at the University, live in
Center for Children’s Books reviewed,
a partner with Jones
Kent’s Store, Va., between Richmond and
“…expressive and accessible, using careful
Day in the firm’s Dallas
Charlottesville. Jamie and Alton welcomed
images to explore the intangible of Emily’s
office. His practice
son Thaddeus into the world on April 13,
emotions.” Kirkus Reviews noted, “Writing
focuses on mergers,
2004. Jamie is a partner with McCandlish
in free verse laden with Chinese images,
acquisitions, and
Holton in Richmond, where her practice
Emily charts her progress from childhood
dispositions involving
focuses on representing hospitals
to first romance to discovering her real self.
public and privately
and physician groups in regulatory,
The poetic form proves the perfect vehicle
held companies, as well as public and
transactional, and appellate litigation
for Emily’s unique voice. Sensitive and
private equity transactions. His client
matters. Jamie was voted by her peers to
finely crafted.”
roster includes Albertson’s, Hoover’s,
the Virginia Business Legal Elite in health
Alon USA Energy, and Kaiser Aluminum
law and was recently listed in Best Lawyers
Corporation.
in America. In May 2005, the Martins
In January 2005, Maureen E. Reilly was
visited Jason Morgan and his family in
promoted to Senior Counsel at SunGard
Data Systems where she represents and
Michael A. Gruin joined as an associate
Hingham, Mass. Jason and his wife Jennifer
advises the company in employment law
at Stevens & Lee in Harrisburg, Pa. His
have three children and Jason is a partner
matters at the corporate headquarters in
practice areas include public utility law and
in a Hingham firm. The Morgans have
Wayne, Pa.
state and local taxation.
been serving as a foster family for Catholic
Charities, providing a home for infants
1996
Bianca Alexander writes that she is still
working as an inspirational TV host and
conscious living expert on TV and for
Urban Living Magazine. Her new book
is being shopped by a New York literary
agent. She hopes “the Girl’s Guide to
Leaving Your Corporate Job and Living
the Life of Your Dreams” will be published
this fall. Follow developments at www.
BiancaAlexander.tv.
Scott Ballenger and Paul Sheridan were
both elected partners in the Washington,
DC office of Latham & Watkins.
Daniel Hatcher was quoted in a
while adoptions are finalized. Jamie has
February 17 New York Times article
also kept up with Mary German Manley.
“Welfare Agencies Seek Foster Child’s
Mary and her husband Mark recently
Assets.” Hatcher, a law professor at the
moved to Charlottesville, and they have
University of Baltimore, is author of an
two young children.
article on the same subject that is to be
published in The Cardozo Law Review.
Tally Parham has recently joined the law
At issue are states that routinely take a
firm of Venable in Baltimore and would love
foster child’s social security monies. “The
to catch up with any classmates in the area.
practice is not the result of deliberative
policy discussions regarding how to
Eric C. Perkins has
best serve children in foster care,’’ said
been named Chief Legal
Hatcher. “It is simply an ad hoc reaction by
Officer for Investment
underfunded state agencies… The Social
Properties of America,
Security benefits are treated as a funding
a real estate
stream,’’ Hatcher said, “rather than as an
development and
opportunity to provide any special services
syndication company
or to give children savings for the perilous
headquartered in
months after they turn 18, when many fall
Richmond, Va. He had been a principal with
into crime or homelessness.”
Hirschler Fleischer in Richmond, specializing
in real estate syndications, franchising, and
tax-exempt organization law.
[68]
UVA Lawyer • spring • 2006
Class Notes
With experience in a broad range of
1998
corporate and securities work and in
In February, Christopher Brearton was
areas of mergers and acquisitions, and
one of 14 elevated to partner at O’Melveny
diversities, David S. Phillips joined the
& Meyers. He is a member of the firm’s
Atlanta office of Jones Day as a partner,
transactions department’s entertainment
specializing in private equity.
& media practice and is a resident of the
Century City office in Los Angeles.
Russell S. Post has become a partner at
Beck, Redden & Secrest in Houston. Boardcertified in civil appellate law by the Texas
Board of Legal Specialization, his practice
focuses on civil appeals in both state and
federal court.
Benkai Bouey and his wife, Theresa,
welcomed their second child, Caeleb
Edward, into the family on June 22. Big
sister, Kaiya Elizabeth, who will be four in
June, is absolutely smitten with her little
Lt. Col. Tristan B. L. Siegel joined the
newly-formed Washington, DC office of
Gray Plant Mooty as a senior attorney and
counsel in the franchise litigation group,
where he will become a partner after
one year with the firm. Siegel represents
Dunkin’ Donuts, Baskin-Robbins, Cold
Stone Creamery, and other large franchise
clients.
brother. The family continues to reside in
Los Angeles.
Michelle Campbell announces her recent
marriage to civil rights attorney Robert
Vance. In attendance was Yared Getachew
’98 and well wishes from Salmon
Shomade. Michelle opened her own
practice in Philadelphia, concentrating
in criminal defense, domestic relations,
Victor S. Skaff III,
partner with Gentry
Locke Rakes & Moore
in Roanoke, Va. has
been named to the
2005 Virginia Legal
Elite by Virginia
Business Magazine.
Skaff was named in Legal Services/Pro
Bono. The Virginia Legal Elite are chosen
through a survey conducted by Virginia
Business and the Virginia Bar Association.
More than 5,500 lawyers are polled to
nominate lawyers who have demonstrated
exceptional levels of expertise in their areas
of practice.
1997
and employment. She can be contacted at
attorneycampbell@yahoo.com.
Yost Conner has been promoted to the
position of counsel at Patton Boggs in
Washington, DC and also joined the
editorial board of Shopping Center Legal
Update.
Gregory Feder was a panelist at the
American Conference Institute’s “Ensuring
Privacy and Security of Consumer
Information” conference in January in
New York. Feder is an associate in the
Financial Regulatory practice at Mayer,
Brown, Rowe & May where he provides
compliance and transactional advice
to banks, securities firms, and other
financial institutions. He and Emily Feder
Jeffrey Bartos was promoted to Division
recently celebrated their fourth wedding
Vice President with Toll Brothers. In his
anniversary in Bermuda and live in
new position he is responsible for all land
Arlington, Va. with their cat, Byrt.
acquisition and homebuilding operations
in Delaware, the Eastern Shore of
Maryland, and portions of Pennsylvania.
Kate (Walther) Carey and Jay Carey ’99
live in Arlington, Va. and work in
Washington, DC. Kate is a trial attorney at
the Department of Justice. In November,
Jay left McDermott Will & Emery’s Trial
Department to specialize in government
contracts work at McKenna Long &
Aldridge. In 2004, the Careys had a son,
Liam. Liam is friendly with other UVA
Law toddler offspring including Miles and
Nate Hagedorn, Elliott Eaton, Miles Linde,
and Luke Murphy. The Careys frequently
see nearby UVA Law grads who include
Andrea (Becker) Looney, Laura (Schuler)
and Bill Hagedorn, Tom McCarthy,
Stephen Propst, Mike Murphy, Mark
Churchill, and Selena Linde ’97.
Parker Poe Adams &
Bernstein announced
Brian Darer as a
partner in the firm.
Darer is a member
of the commercial
contracts practice
group in the Raleigh,
N.C. office. He focuses his practice in the
areas of construction law, bankruptcy,
reorganization and creditors’ rights issues.
Consistent with UVA’s strong tradition
of commitment to public service,
Gary M. Gansle has been awarded
the Bar Association of San Francisco’s
“Outstanding Volunteer in Public Service
Award” for the fifth consecutive year.
Gary’s pro bono work consists primarily
of providing employment law counseling
and training to San Francisco Bay Area
non-profit organizations. Over the years,
Gary has also helped successfully litigate a
class action challenge to restrictions placed
on recipients of certain welfare benefits
and has jointly developed an electronic
UVA Lawyer • spring • 2006
[69]
Class Notes
employment law self-audit program to
Jennifer (Jewell) Black and her husband
On November 19, Courtland Kelly
assist pro bono clients with improving
Kevin were blessed with twins last summer.
Grynwald “married a wonderful man,”
compliance with state and federal
Kyle Patrick was born on June 18 weighing
Mathew Grynwald on Trunk Bay Beach
employment laws.
7 pounds 9 ounces, while his sister
on the beautiful island of St. John, U.S.
Katherine Annette was born on June 19
Virgin Islands. The couple enjoyed a
weighing 7 pounds 4 ounces.
wonderful week with lots of friends and
Earsa Jackson,
an associate in
family there to help celebrate. They elected
Strasburger and
Jay Carey and Kate (Walther) Carey
to take a delayed honeymoon, joining an
Price’s Dallas office,
’98 live in Arlington, Va. and work in
organized two-week Edelweiss motorcycle
was elected as an
Washington, DC. Kate is a trial attorney at
tour in New Zealand in February. Together
associate to the Patrick
the Department of Justice. In November,
they rode on both islands from Auckland
E. Higginbotham
Jay left McDermott Will & Emery’s Trial
to Christchurch, taking rest days in
American Inn of
Department to specialize in government
Wellington and Queenstown and staying
Court. The American Inns of Court is a
contracts work at McKenna Long &
in other smaller towns along the way. For
society of attorneys, law professors, judges
Aldridge. In 2004, the Careys had a son,
Courtland, “New Zealand was gorgeous,
and third-year law students designed to
Liam. Liam is friendly with other UVA
the tour was excellent, and we had a
encourage the exchange of ideas in order
Law toddler off-spring including Miles and
fantastic time. There’s no better way to see
to raise the standard of the legal profession.
Nate Hagedorn, Elliott Eaton, Miles Linde,
that country than from the back of a bike!”
and Luke Murphy. The Careys frequently
Courtland also changed jobs in June and is
Matt Nelson joined Boston-based
see nearby UVA Law grads who include
now a legal recruiter for the largest Texas-
Cambridge Associates in 2005, where
Andrea (Becker) Looney, Laura (Schuler)
based recruiting firm, Prescott Legal Search
he is a specialist consultant advising
and Bill Hagedorn, Tom McCarthy,
where she can be reached at 214-210-2934
endowments, foundations, and families
Stephen Propst, Mike Murphy, Mark
or cortland.grynwald@prescottlegal.com.
on their venture capital and private equity
Churchill, and Selena Linde ’97.
Logan Johnson, an associate at Vinson &
investments. He lives in Providence with
his wife Kim and young daughter Eliza.
The Texas Rising Star Super Lawyers 2005,
Elkins in Houston, was selected as a 2005
a special excerpt to the Texas Monthly,
Texas Rising Star in a special excerpt to the
Amy Williams-Derry recently left
published a feature article, “Growing Up
Texas Monthly. As a Rising Star, Day meets
Earthjustice to join the complex litigation
Nebraska,” discussing the life and career
the criteria of being under the age of 40
group at Keller Rohrback’s Seattle office
of Stephanie L. Chandler. As a Rising Star,
and practicing law for less than 10 years.
where she prosecutes class actions.
Chandler meets the criteria of being under
Fewer than 2.5% of lawyers in Texas receive
the age of 40 and practicing law for less
this honor.
than 10 years. Fewer than 2.5% of lawyers
1999
Maynard, Cooper &
Gale in Birmingham,
Ala. announced Janell
M. Ahnert as one of the
firm’s new shareholders.
Ahnert practices in
the firm’s labor and
employment practice
group. Her practice encompasses all facets
of employment law, including defending
employers accused of discrimination under
federal and state discrimination laws.
in Texas receive this honor. This press
Virginia Governor Tim Kaine appointed
follows Chandler’s recognition in previous
Nicholas A. Kessler to serve as Deputy
San Antonio publications which named
Commissioner of the Virginia Employment
her as one of “40 Rising Stars Under 40”
Commission. Kessler previously served in
and one of “13 under 30” great lawyers.
the “Kaine for Governor” Campaign in the
political office and later in the transition
Jonathan C. Day, an attorney at Dobrowski
office prior to the Governor’s inauguration.
in Houston, was selected as a 2005 Texas
Rising Star Super Lawyer in a special
The New York State Bar Association
excerpt to the Texas Monthly. As a Rising
awarded Michael C. Rakower the 2006
Star, Day meets the criteria of being under
Outstanding Young Lawyer of the Year
the age of 40 and practicing law for less
Award. Dedicated to public service,
than 10 years. Fewer than 2.5% of lawyers
Rakower’s career has developed from
in Texas receive this honor.
his dedication to pro bono work, which
recently led him to open a solo practice in
Manhattan. As a young attorney, practicing
less than ten years and demonstrating a
commitment to public service, Gordon
Mehler nominated Rakower for this
[70]
UVA Lawyer • spring • 2006
Class Notes
Paul DeLaney received a political
Yard, Washington, DC, and volunteered
Justin A. Page
appointment as the Staff Secretary to the
for deployment aboard USNS COMFORT
joined the labor and
U. S. Trade Representative at the Office of
(T-AH20) last year in support of
employment practice
the U. S. Trade Representative.
Hurricane KATRINA relief, while Maggie
area at Bass, Berry &
is a Master’s candidate in Public Health
Sims in downtown
Melissa Howard recently relocated to
Policy at the Georgetown Public Policy
Nashville, Tenn.
Chicago. She is a litigation associate at
Institute.
McDermott Will & Emery.
Ross Fisher joined forces with Law
Anne Ralph joined the law firm of
Jen Pope and her husband Brian are
School Professor John Norton Moore, and
Bricker & Eckler in Columbus, Ohio as
pleased to announce the birth of their
Professor Robert Turner ’81 to edit a book
an associate. Ralph is a member of the
daughter Katie, born in the spring of 2005.
of essays on the Vietnam War, To Oppose
firm’s new attorney working group. She
The family lives in Waukesha, Wis.
Any Foe: The Legacy of U.S. Intervention
previously served as a law clerk to the
in Vietnam. The essays were written by
Honorable Kenneth F. Ripple ’68 of the
Kimberly Robertson and her husband
current or former UVA Law students. (See
U.S. District Court of Appeals for the
Peter (UVA Medicine ’03) welcomed
In Print section.)
Seventh Circuit.
Johnathan M. Fox joined Baker &
Kosta Stojilkovic, who was clerking for
Hostetler in the firm’s Cleveland office.
Judge John Roberts on the DC Circuit, is
daughter Anna Rose on March 9, 2005.
James Van Doren accepted a position with
the Healthcare Mergers & Acquisitions
now clerking with him on the Supreme
group at Lehman Brothers, Inc. in New
Benjamin P. Fryer was married on
Court, along with Michael Passaportis
York.
March 4 in Atlanta to Wendy Peek of
who was originally to clerk for the late
Berlin, Ga. In attendance were Adam
Chief Justice William Rehnquist.
After three years of experience in complex
Nadborny, Jennifer (Linker) Nadborny,
business and commercial litigation, Jeremy
Fraser Reid, Dan Murphy, Grace
Having accepted a commission in the U.S.
Webb has joined Gable & Gotwals in
Robinson, Rina Kushner, John David
Navy JAG Corps last fall, Breier Scheetz
Oklahoma City.
Thomas and Elizabeth (Crocker) Thomas.
was recently promoted to the rank of
lieutenant. He is stationed at Whidbey
Jonathan Woodruff and Melissa J. Rose
Corban Klug joined Charlottesville’s Scott
Island Naval Air Station in Oak Harbor,
were married on September 10 at
Kroner as an associate in August. Prior to
Wash. A consummate bibliophile, he writes
Barboursville Vineyards in Barboursville,
that, Klug clerked for the Honorable B.
he has long exhausted his bookshelves.
Va. Kate H. Bally and Nessa Horewitch
Waugh Crigler in Charlottesville.
Jeffrey P. Yarbro
read during the ceremony.
2003
On May 14, 2005, Karin Ottens married
Joshua Pranley, CFA and consultant for
First Annapolis Consulting in Baltimore.
The couple now resides in Bethesda, Md.
Lori Hildebrand served as bridesmaid.
2004
Maggie S. Krantz has joined McCandlish
joined Bass, Berry
Holton in Richmond. Her practice is
& Sims in the firm’s
focused on representing health care
litigation practice area
clients in regulatory, transactional, and
in Nashville, Tenn.
corporate matters. She also regularly
works on general corporate issues for her
clients, including contractual, intellectual
property, and antitrust matters. Krantz
lives with her husband of seven years in
Glen Allen, Va.
U.S. Navy Lt. Christopher Colby was
married to Margaret Samra (CLAS ’05) on
Mary Chris Moore and Justin Thomas
June 26 at the University Chapel. In true
Dobbie were married in Arlington, Va. on
Virginia form, Chris and Maggie enjoyed
October 1.
the company of many dear friends from
the University and Law School community
at Alumni Hall, complete with the Virginia
2005
Jason Binder accepted a position as
Attorney Advisor to the Honorable Diane
L. Kroupa, United States Tax Court. His
two year clerkship will begin in June. He is
also replacing Professor Kevin Outterson of
West Virginia University College of Law as
a co-author of a book entitled Representing
the Audited Taxpayer Before the IRS.
Reel and toasting from Jefferson cups.
Chris is stationed at the Washington Navy
UVA Lawyer • spring • 2006
[73]
Class Notes
1999
Brett A. Bush has
Paul S. Rutter joined
joined the Virginia
Bricker & Eckler
Beach office of
in Columbus after
York firm Fried, Frank, Harris, Shriver &
Williams Mullen, as an
passing the Ohio bar.
Jacobson, Marcus Chow recently relocated
associate in the firm’s
Rutter went to the
to Singapore where he was made a partner
health care section
firm following an
in Stamford Law Corporation, a firm
where his practice
internship with the
with offices in Singapore and Beijing. His
Honorable B. Waugh
practice focus is equity and debt capital
focuses on general health care matters.
Choate, Hall & Stewart in Boston
Previously in association with the New
Crigler of the U.S. District Court for the
markets and mergers and acquisitions
Western District of Virginia.
work.
announced Elizabeth Castellani as a
new associate in the firm’s litigation
department.
Bradley Arant Rose
2004
LL.M.
John M. Tyson, Judge of North Carolina
1982
Polk, Buchanan and the Supreme Court,”
& White announced
Brooke Everley as a
new associate in the
Harry C. Martin continues to serve as the
firm’s Birmingham,
Chief Justice of the Supreme Court of the
Ala. office. Everley
Eastern Band of Cherokee Indians. On
is a member of
October 19, he was named a Traphagen
the corporate and
Distinguished Alumnus of the Harvard
securities practice group.
Law School.
After spending almost two months living
Richard Mills continues on senior status
out of a backpack while traveling around
as a U.S. District Judge, carrying a partial
Thailand, Laos, Cambodia, Vietnam,
caseload in Springfield, Ill. and sitting by
Malaysia, Indonesia, and Singapore,
designation on the U.S. Courts of Appeal
Adam Greene was admitted to the North
around the country. Along with his wife
Carolina bar on September 29, and
Rachel, his travels over the past year
subsequently began work with Moore &
included trips to the Mayan antiquities in
Van Allen in Charlotte as an associate in
the Yucatan, a trans-Canadian rail trip, a
their financial services department.
cruise to Tahiti and the South Pacific, and
a trip to Belgium for a congress of NATO
Scott P. Horton joined
reserve officers.
Jaeckle Fleischmann &
Mugel in Buffalo, N.Y.
Horton is admitted
to practice law in the
state of New York
and concentrates his
practice in Labor
and Employment law. He is also an active
member of the Organization of Public
Employment Negotiators.
Kristin Layne Johnson is clerking for U. S.
District Judge Ewing Werlein in Houston.
[74]
UVA Lawyer • spring • 2006
1992
Bert Goolsby’s latest novel, Harpers’ Joy,
was released in August (see In Print). Also
recently released was his short story, “The
Fan Dancer,” which is included in the
anthology More Sweet Tea (BelleBooks
2005). Both works can be purchased
through your local bookstore or on
line, the novel by visiting: http://www.
graceabraham.com/ and the anthology by
visiting: http://bellebooks.com/.
Court of Appeals, submitted his LL.M.
thesis, “High Intrigue on the High Court:
for publication in the Journal of Supreme
Court History. In November, he attended
the investiture ceremony of his classmate,
the Honorable Janice Rogers Brown, in to
the U.S. Court of Appeals (Federal Circuit)
in Washington, DC.
S.J.D.
1954
R. K. “Ruhi” Ramazani gave a keynote
address at Beloit College in Beloit, Wis. on
“Jeffersonian Principles and the Middle
East” in November.
Alumni
Class Events
Notes
Washington, DC Donor Recognition Reception
More than 150 alumni met in the Caucus Room of the
Russell Senate Office Building in mid-October for a
donor recognition reception.
Photos from top:
2004 classmates J.P. Cooney, Sarah Baker, and Julie Ann
Perschbacher.
J. Warren Gorrell, Jr. ’79 and Professor A.E. Dick Howard ’61.
1998 Classmates David Chung and Ray Krncevic.
Annual NY Luncheon
Renowned author and 2005 National Medal of the Arts
Recipient Louis S. Auchincloss ’41 was the featured speaker
at a spring New York Law Alumni Luncheon at the Yale Club.
Wilder Knight ’85 and Louis Auchincloss ’41.
UVA Lawyer • spring • 2006
[75]
In Memoriam
[76]
William H. Parker, Jr. ’34
Danville, Va.
September 9, 2005
Robert M. Montgomery ’39
Birmingham, Ala.
July 26, 2000
Thomas N. Williams ’46
Richmond, Va.
December 9, 2005
Edward M. Hudgins ’35
Richmond, Va.
July 25, 2005
Hierome L. Opie, Jr. ’40
Staunton, Va.
January 5, 2006
Richard H. Foster ’47
Dewey, Ariz.
March 29, 2004
Edwin S. Cohen ’36
Charlottesville, Va.
January 12, 2006
Arthur C. Stever, Jr. ’40
Ruskin, Fla.
March 4, 2005
The Honorable Benjamin M. Tench, Jr. ’47
Gainesville, Fla.
April 25, 2005
J. Carl Poindexter ’36
Salem, Va.
July 10, 2001
The Honorable John D. Butzner, Jr. ’41
Richmond, Va.
January 20, 2006
Richard G. Brydges ’48
Portsmouth, Va.
March 2, 2005
George D. Stephenson ’36
Los Angeles, Calif.
October 5, 2005
Kenneth F. C. Murray ’41
Houston, Tex.
December 27, 2005
The Honorable Howell Cobb ’48
Beaumont, Tex.
September 16, 2005
Robert C. Goodman ’37
Virginia Beach, Va.
February 8, 2006
James B. McClelland III ’42
Oklahoma City, Okla.
September 18, 2004
The Honorable Meade Whitaker ’48
Grasonville, Md.
October 5, 2005
The Honorable Edmund W. Hening, Jr. ’37
Richmond, Va.
April 6, 2000
The Honorable James Harry Michael, Jr. ’42
Charlottesville, Va.
August 29, 2005
Felix J. Zaniewski ’48
Las Vegas, Nev.
January 1, 2006
James J. Marshall, Jr. ’37
New York, N.Y.
October 21, 2005
William T. Roberts, Jr. ’42
Williamsburg, Va.
April 27, 2005
Cyril C. Gunst, Jr. ’49
Ormond Beach, Fla.
March 18, 2005
H. Brice Graves ’38
Richmond, Va.
October 12, 2005
Evans V. Brewster ’44
White Plains, N.Y.
July 12, 2005
Charles B. Levering ’49
Baltimore, Md.
November 28, 2005
Frederick C. Lovitt ’38
Memphis, Tenn.
October 25, 2004
Hazel Marshall Sterrett Allen ’45
Charlotte, N.C.
December 6, 2003
Campbell Palfrey, Jr. ’49
Honolulu, Hawaii
July 4, 1999
John P. Stafford, Jr. ’38
Chestertown, Md.
May 4, 2005
Pickett M. Greig ’45
Washington, DC
August 30, 2005
Edgar O. Appleby ’50
Locust Valley, N.Y.
May 9, 2005
William W. Carson, Jr. ’39
Jacksonville, N.C.
September 29, 2005
French H. Conway ’46
Danville, Va.
December 17, 2005
John Tracy Baxter, Jr. ’50
Jacksonville, Fla.
September 14, 2005
UVA Lawyer • spring • 2006
In memoriam
Shelton H. Short III ’51
Clarksville, Va.
July 30, 2005
Roy I. L. Pearson ’56
Providence, R.I.
July 26, 1998
Edward A. Linden ’67
Tucson, Ariz.
November 18, 2005
Thomas G. Cranwell ’53
Alexandria, Va.
January 18, 2006
Robert V. Shepard ’56
Akron, Ohio
December 28, 2004
James H. Season ’70
Cos Cob, Conn.
March 30, 2002
R. Henry Ivey ’53
South Fulton, Tenn.
August 23, 2005
Charles S. Lerner ’57
Bethesda, Md.
October 15, 1999
Svein J. Lassen ’73
Newport News, Va.
January 25, 2006
Robert E. Norman ’53
Blue Bell, Pa.
September 2, 2005
Harry Lee Thomas ’58
Arlington, Va.
September 16, 2005
Harold C. Wheeler ’74
Evanston, Ill.
December 8, 2005
Robert E. Tinsley, Sr. ’53
Lynchburg, Va.
December 23, 2004
Laurence W. Fenton ’59
Wilmington, Del.
June 1, 2005
Richard C. Erickson ’75
Staunton, Va.
August 15, 2005
Bruce G. Thompson ’54
Toledo, Ohio
November 24, 2005
Richard E. McCallum ’59
Birmingham, Ala.
November 16, 2005
David D. Myers ’77
Bridgewater, Va.
August 21, 2005
Peter Vandervoort ’54
Bath, Maine
October 11, 2005
Joseph A. Gibbes ’60
Columbia, S.C.
June 17, 2005
John Phylas Brooks ’78
Tacoma, Wash.
August 25, 2004
Byron Evans Fox ’55
Manakin Sabot, Va.
December 15, 2005
Charles F. Stein III ’60
Gibson Island, Md.
February 8, 2006
Ellen Vala Schneider ’80
Chevy Chase, Md.
February 2, 2006
Pat B. Hale ’55
Grundy, Va.
November 5, 2005
O. Jackson Cook ’63
Atlanta, Ga.
January 21, 2006
John G. Rainey, Jr. ’81
Larchmont, N.Y.
December 24, 1999
Richard G. Randolph ’55
Springville, Calif.
December 9, 2005
George O. Haskell III ’65
Macon, Ga.
January 1, 2006
Agnes K. Alexis ’84
Upper Marlboro, Md.
May 7, 2003
Ronald G. Imboden ’56
Erie, Pa.
January 20, 2005
Mell J. Lacy, Jr. ’66
Oklahoma City, Okla.
July 8, 2003
Carr L. Kinder III ’89
Richmond, Va.
December 31, 2005
Francis X. Kelly ’56
San Francisco, Calif.
December 3, 2005
William J. Madden ’66
Spring Lake, N.J.
May 19, 2003
UVA Lawyer • spring • 2006
[77]
Non-Fiction
style section of the Washington Post, ABC’s
The last U.S. helicopter left Saigon over
“World News Tonight,” “Good Morning
three decades ago, but the Vietnam War
America,” and Fox’s “Fox & Friends.”
still haunts the American memory. It
12 Hours Sleep by
12 Weeks Old
girl/boy twins in September of 2004; the
foreign policy failures, prompting
Elizabeth “Lisa” Reed Abidin ’97 with
two authors met when the baby coach
numerous attempts to draw lessons from
Suzy Giordano
helped them on weekends. “It was kind
the experience. These essays demonstrate
Dutton/Penguin Group
of fate because I called Suzy when I was
that the idealism underlying the Vietnam
five months pregnant and she was already
War, which was trumpeted by President
booked for September & October,” Abidin
John F. Kennedy’s inaugural pledge to
DC based “baby
recalls. A five-week window opened up for
“oppose any foe” of liberty, resonates to
coach” Suzy
the coach around the twins’ birth. Abidin
this day as America engages in another
Giordano and
called her the second day she got home
“long, twilight struggle” against global
coauthor Lisa
from the hospital. “Suzy hit it off with my
terrorism in the post-September 11 world.
Abidin ’97,
husband and me and everything kind of
synthesize
fell into place from there—we talk about it
significance as it is composed primarily
Giordano’s tested,
some in the forward and acknowledgement
of essays submitted by students in the
100% successful
section of the book.”
Indochina War Seminar taught at the
Washington,
Abidin and her husband welcomed
lingers as one of America’s most stinging
To Oppose Any Foe has a special
sleep training
Law School by
method that she’s perfected over 14 years
Professors Moore
as a baby coach in DC. Her method has
To Oppose Any Foe
and Turner for the
never failed and she’s trained hundreds of
Ross A. Fisher ’04, John Norton Moore
past 15 years. Two
babies and families over the years.
and Robert F. Turner ’81
additional essays
Carolina Academic Press
were written by
This topic is evergreen—parents
always hunger for new information and
UVA students in
methods, especially when it comes to
To Oppose Any Foe is a compilation
Moore’s Rule of
getting babies to sleep through the night.
of essays on the historical, legal, and
Law Seminar.
And now with baby sleep experts, Dr.
contemporary legacy of the Vietnam
Law School alumni contributors
Ferber and Dr. Sears changing their avowed
War that challenges much of the
are: Ross Fisher ’04; Michael McCann ’02;
stances on the subject, the time is right
conventional wisdom surrounding that
Mark Hamer ’91; Michael Rakower ’99;
for Giordano to make inroads with her
watershed conflict. The book addresses the
John Raleigh ’95; Benjamin Kringer ’02; Lt.
sensible, straightforward, “limited crying”
aftershocks and consequences of America’s
Col. Ronald Ratton LL.M. ’99; Capt. Jane
method. 12 Hours Sleep by 12 Weeks Old
ill-fated intervention in Vietnam, from
Dalton LL.M. ’92; Hiren Patel ’03; Gary
has been featured on the front page of the
the Cambodian killing fields to nation-
Lawson ’06; and Maj. Brian Hughes ’00.
building in Somalia to evolving legal
thinking on war crimes.
UVA Lawyer • spring • 2006
[79]
In Print
The Two-Second Commute:
Join the Exploding Ranks of
Freelance Virtual Assistants
howl with delight over this serendipitous
Michael Haaren ’79 and Christine
The Baseball Uncyclopedia:
A Highly Opinionated, MythBusting Guide to the Great
American Game
Durst
Michael Kun ’88 and Howard Bloom
counts (the rationale used to support every
Career Press
Emmis Books
idiotic pitching change) will subtract years
mishmash of opinion, goofy stats, and
baseball minutiae. There’s even an open
letter to fans on why worrying about pitch
from your life. This is more fun than a 13In The Two-Second Commute: Join the
In The Baseball Uncyclopedia: A Highly
Exploding Ranks of Freelance Virtual
Opinionated, Myth-Busting Guide to the
Assistants, readers discover a simple but
Great American Game, Michael Kun and
nominated author of the novels You
empowering self-employment solution
coauthor (Kun calls him a very funny law
Poor Monster, The Locklear Letters, My
that is fast becoming an international
partner) Howard
Wife and My Dead Wife, and A Thousand
experience—the virtual assistance industry.
Bloom reveal the truth
Benjamins. He is an attorney, practicing in
As recently featured in Business Week
about the tall tales,
Los Angeles.
Michael Kun is the Pulitzer Prize-
and Time, virtual
ill-formed opinions,
assistants are
and widely held
home-based
misunderstandings
entrepreneurs—
that baseball fans
Employment Law Trials: A
Practical Guide
work-at-home
have clung to for
Kerry E. Notestine ’83
moms and dads,
generations.
LexisNexis
retirees, military
Kun and Bloom explain that, contrary to
and Foreign Service
popular belief:
Trials in employment cases are different
spouses, people
• An American League team is not
than other types of civil trials. Lawyers can
with disabilities, homeschoolers, and
aging boomers sick of the rat race—who
are running their own shows from spare
rooms and basements, offering business
support services to other small businesses
via email, phone and fax. It’s one of the
most explosive industries of our time, with
entrepreneurs helping other entrepreneurs
required to use a designated hitter.
• It’s not always wrong to root against the
home team.
• Joe DiMaggio was never The Greatest
Living Baseball Player.
• Tinkers-to-Evers-to-Chance was not a
great double play combination.
• And Shoeless Joe Jackson did not go
make critical mistakes if they attempt to
present an employment case to a judge or
jury the same way they would present a
personal injury or commercial litigation
case.
Kerry E. Notestine draws on 20 years
of trying employment cases, as well as the
collective experience
around the globe. It’s all brought together
barefoot, bat right-handed, or refuse to
of Littler Mendelson’s
by the Internet. “VA’ing” offers individuals
accept money to throw the World Series.
400 lawyers, to address
their first chance to stretch their
Wes Lukowsky of Booklist writes,
each phase of a trial.
“Died-in-the-wool [sic] baseball fans—let’s
The book was written
face it—are often borderline demented.
from the employer’s
co-founder of Staffcentrix. An ex-Wall
Think sabermetrics (Society of American
perspective.
Street attorney, Haaren is co-founder
Baseball Research), fantasy baseball, and
of the International Virtual Assistants
Internet chat rooms, where informed,
is designed to prepare the seasoned
Association, which he served as its first
knowledgeable fans argue about the release
employment lawyer, junior litigation
vice president. He is Editor-in-Chief of
point of obscure pitchers’ curveballs.
associate, or personal injury lawyer for the
the Rat Race Rebellion, a weekly bulletin
That large subset of baseball fandom will
unique aspects of trying an employment
entrepreneurial wings.
Michael Haaren is the COO and
[80]
inning, 1-1 pitchers’ duel.”
This book
of screened home-based telework and
case. The book provides practical
freelance job opportunities.
information for:
UVA Lawyer • spring • 2006
In Print
Janis and Noyes’ Cases
and Commentary on
International Law, 3d
(American Casebook Series®)
the influence—real or imagined—that
• Corporate legal departments
John Noyes ’77 with Mark Janis
up to four new law school graduates.
• Litigators who handle employment cases
Thomson/West
The justices have taken advantage of this
• Law firms that specialize in employment
issues
• Employment departments of multipractice firms
on a periodic basis
they wield over judicial decisions. While
initially each Supreme Court justice hired
a single clerk, today’s justices can hire
resource, and in modern times law clerks
• Employment practices liability insurance
lawyers
The third edition of this casebook has been
have been given greater job duties and
adopted at more than 50 law schools and:
more responsibility. The increased use of
The companion CD-ROM contains
• Explores international legal process
law clerks has spawned a controversy about
the full text of the book as well as the full
before U.S. and international courts
text of all cases referenced.
• Covers custom and non-consensual
sources of international law
• Addresses international and European
Cases and Materials on the
Law of the Sea
John E. Noyes ’77 and Louis B. Sohn
Transnational Publishers
human rights law
• Looks at the recognition and succession
of states and governments
Introduces the history and nature
the role they play, and
commentators have
suggested that liberal
or conservative clerks
influence their justices’
decision making. The
influence debate is but
one piece of a more
of international law, and examines the
important and largely unexamined puzzle
Cases and Materials on the Law of the Sea is
sources of international law—treatise,
regarding the hiring and utilization of
a thorough and up-to-date text that will be
custom, general principles, jus cogens, and
Supreme Court law clerks.
used both as a classroom course book and
equity. Also covers important fields of
as a treatise and reference guide. The text
international law: individuals and human
the first systematic examination of the
contains engaging
rights; recognition and self-determination;
“clerkship institution”—the web of formal
teaching materials
war and peace and the United Nations;
and informal norms and rules surrounding
that systematically
Antarctica, outer space, the law of the sea,
the hiring and utilization of law clerks
introduce law of the
and international environmental laws;
by the individual justices on the United
sea topics, placing
and international conflict of laws, foreign
States Supreme Court. Peppers provides
them in the context
sovereign immunity, and act of state.
an unprecedented view into the work lives
of important themes
The second edition was reviewed at 98
of and day-to-day relationships between
about the roles
American J. Int’l Law 200 (2004).
justices and their clerks; relationships
of international law and international
legal process. Historical materials of
John E. Noyes is a Professor of Law at
California Western School of Law.
Courtiers of the Marble Palace is
that in some cases have extended to daily
breakfasts, games of competitive basketball
continuing importance appear alongside
and tennis, and occasional holiday
new materials that address such topics
celebrations. Through personal interviews
with 53 former clerks and correspondence
the protection of underwater cultural
Courtiers of the Marble
Palace
heritage, marine sanctuaries, deep-sea
Todd Peppers ’94
interviews with a number of non-clerks,
vent resources, and the operation of
Stanford University Press
including Justice Antonin Scalia, Peppers
as maritime terrorism and port security,
with an additional 90, as well as personal
the International Tribunal for the Law
of the Sea and other new international
Since the hiring of the first Supreme Court
organizations. The book was reviewed at
law clerk by Associate Justice Horace Gray
54 Int’l & Comparative Law Quarterly 1052
in the late 1880s, court observers and
(2005).
the general public have demonstrated a
consistent fascination with law clerks and
UVA Lawyer • spring • 2006
[81]
In Print
has amassed a body of information that
to transform a city characterized by huge
reveals the true inner-workings of the
economic disparities, concrete-encased
clerkship institution.
rivers, and an endless landscape of
subdivisions, freeways, and malls into a
Harper’s Joy
of Law, University Professor, and Director,
progressive model for regions around the
Bert Goolsby LL.M. ’92
Thomas Jefferson Center for the Protection
country.
Grace Abraham Publishing
With a foreword by UVA Professor
of Free Expression, Robert M. O’Neil. Todd
The Next Los Angeles includes a
C. Peppers is an Assistant Professor of
decade-by-decade historical snapshot of
Candle Reid’s life is falling apart. He’s a
Public Affairs at Roanoke College.
the city’s progressive social movements
lawyer whose competence is compromised
and an in-depth exploration of key trends
by alcoholism. His wife kicks him out, and
that are remaking L.A. at the beginning of
then his law partner dies. Can things get
The Next Los Angeles: The
Struggle for a Livable City
the twenty-first century. It examines L.A.’s
any worse?
changing political landscape, including
Dewey Coltraine’s life is just
Mark Vallianatos ’95
grassroots initiatives to construct a new
beginning, or so he thinks. He has just
University of California Press
agenda for social transformation. At once
married the prettiest girl in town, and he
a history, a policy analysis, and a road
has a new job. But when he’s arrested for
Los Angeles’s history is a story of
map for a progressive future, this book
killing one of the town
conflicting visions. Most historians,
provides an exciting portrayal of a city
of Harper’s Joy’s most
journalists, and filmmakers have focused
on the cutting edge of many of the social,
influential men, will
on L.A. as a bastion of corporate greed,
economic, and environmental changes
Candle Reid be able to
business boosterism, political corruption,
sweeping across America.
save him?
cheap labor, exploited immigrants, and
Mark Vallianatos is Research
“Bert Goolsby’s
unregulated sprawl.
Coordinator at the Urban and
latest mystery is an
The Next Los Angeles
Environmental Policy Institute at
amazing piece of
tells a different story:
Occidental College.
literature ….” says
that of the reformers
Sylvia Cochran of Roundtable Reviews.
and radicals who
“This book’s characters are uniquely vivid
have struggled for
and seemingly come to life from the first
alternative visions of
pages; the reader can almost feel the sense
social and economic
of aggravation and disapproval that Dewey
justice. The authors chronicle efforts of
Coltraine’s appearance in the courtroom
progressive social movements that worked
evokes. This book is a page-turner from the
throughout the twentieth century to
first and nearly impossible to put down;
create a more livable, just, and democratic
any reader who loves courtroom drama or
Los Angeles. These movements—what
simply a well-written mystery novel will be
the authors call Progressive L.A—have
delighted with Harper’s Joy!”
produced a new kind of labor movement,
community-oriented environmentalism,
and multi-ethnic coalition politics. This
book shows how reformers have fought
[82]
FICTION
UVA Lawyer • spring • 2006
Opinion
Not Just Another Summer Party
Roger S. Goldman ’80 and Scott D. Michel ’80
B
eginning in the fall of second year, most students
at Virginia Law—and other law schools—search
for summer associate positions at law firms in
cities throughout the U.S. When they show up the next
summer, they enter a firm that has probably thought
as much about how to entertain them as how to keep
them busy. What then starts is, in part, a well-planned
social campaign to encourage these law students to think
favorably toward the firm such that they might accept an
offer of post-graduation employment.
Years ago—yes, even before we were second years—
law firms started to spend substantial sums on their
summer programs, with fancy meals, evenings at the
ballpark or theatre, weekend touring and gatherings,
and large, sometimes over-the-top, parties. These events
Scott Michel among Caplin & Drysdale colleagues at a build day
can make the firm seem enticing and enable the summer
associates to get to know people at the firm, but they are
all about indulging the young lawyers-to-be.
Five years ago, it occurred to us that law firms could
of the summer associates and others in a Habitat “build” day;
step 3, the day arrives and everyone helps build a home for a
direct some of their recruiting energy and budget toward
family accepted into the Habitat program. (And everyone gets
a community service project that would accomplish some
a cool T-shirt courtesy of our sponsors at LexisNexis.)
of the same objectives as, well, another beer party. This
We started modestly in Washington our first year, with
was the spark that led to Buildable Hours—a 501(c)(3)
12 firms participating and contributing more than $60,000
organization we founded in 2001, and that last year
for Habitat in DC. Word spread quickly, though, and during
received the National Association for Law Placement’s
summer 2005 we had programs in eight cities, with dozens
Award of Distinction for Innovation.
of firms participating and donating more than $600,000
The Buildable Hours concept is simple: step 1, the law
to local Habitat affiliates. Hundreds of summer associates,
firm makes a contribution to the local affiliate of Habitat
lawyers, and staff from these firms got hot and sweaty hanging
for Humanity; step 2, with the law firm staff in charge of
siding, framing walls, landscaping yards, painting walls, and
the summer program, we coordinate the participation
yes, doing windows. For many of our firms, participation in
UVA Lawyer • spring • 2006
[83]
Opinion
Buildable Hours has become the highlight of their summer
program, far outshining the traditional social schedule.
Buildable Hours marries three concepts: 1) community
Summer Recruiting—Face it, those summer parties can
get old, even for the bright and youthful law students they
are aimed at enticing. Events blend together, and when it
service through Habitat, 2) team building, and 3) summer
is back to class in the fall they are largely forgotten (absent
recruiting. The phrase “win-win” may be overused, but if
some kind of, ahem, unfortunate incident).
there is ever an example, this is it.
Community Service through Habitat—Buildable
No one forgets his or her Buildable Hours experience.
For most participants, it is the first time they have
Hours is not formally part of Habitat, but we are proud
performed any serious construction work. (Note,
to have become a major partner with many local Habitat
no experience is necessary—site managers are used
affiliates. Most people are familiar with the Habitat
to supervising even the likes of the two of us.) The
concept—individuals or families apply to become a Habitat
participants see the progress toward building a home for a
homeowner, and if selected, put in 300 hours of “sweat
deserving family; they can visualize where the kitchen table
equity” helping build the house, sign a mortgage with Habitat
will go or which bedroom will be for the children. Often,
on which they are required to make modest payments, and
one can also see completed Habitat homes at the build
eventually move into a home in a neighborhood that is likely
site, and witness the true miracle of the program. There
safer and more conducive to raising children than where they
are tricycles and soccer balls in the yard, basketball hoops
came from. Since its founding in 1976, Habitat has made
on the side, and the kids come home from school around
more than 200,000 families new, proud homeowners, one
the time work is done for the day. If you are someone
home and one family at a time.
responsible for recruiting, isn’t that an image you would like
Habitat works hard at these projects, from acquiring
the land to the delivery of keys to the new owner. It receives
donated construction materials and relies on AmeriCorps
to have a young, energetic potential associate link with their
summer at your firm?
We are looking to expand to new places, and to bring in
and other skilled volunteers to supervise construction. But
new firms in cities where we have a program in place. For
it also needs motivated construction hands every day, and
information, feel free to email either of us or check our Web
that is where our summer associates and colleagues come
site, www.BuildableHours.com. Your summer associates will
in. The product of all of these efforts is a new home for a
thank you, as will your community. 
family that needs one.
Team Building—Law firms are inherently hierarchical
organizations: partners, counsel, associates, managers, staff,
Roger S. Goldman ’80 and Scott D. Michel ’80 co-founded and
etc. It is sometimes difficult for firms to plan events that
direct Buildable Hours.
allow members of these well-defined groups to participate
together without a bit of stiffness or distance.
At a Buildable Hours day, the boundaries disappear at
Latham & Watkins and has practiced law with the firm since
1981. His practice centers on False Claims Act and white collar
8:30 a.m., when team assignments are made. The senior
criminal litigation with an emphasis on health care fraud
partner will stand on scaffolding with the junior employee
defense.
in the copy room and a summer associate from UVA. They
Scott D. Michel is a member in Caplin & Drysdale’s
will measure and mark, then two of them will hold up a
Washington, DC office, and has been at the firm since
piece of siding while the third one hammers it in. The same
1981. His practice consists of representing individuals
scene is repeated inside with paintbrushes or drywall, or
and corporations in criminal tax fraud cases, civil tax
outside with shovels and rakes. These activities require
examinations, and white-collar criminal matters. He is the
cooperation, respect, and trust. While the borders may
former Chair of the ABA Tax Section’s Committee on Civil
reappear the following morning, a little soreness might be a
and Criminal Tax Penalties, and is its current Vice-Chair for
pleasant reminder of the previous day when everyone was
Legal Developments.
on par, and the volunteers will have the common bond of
their shared experience helping out for a good cause.
[84]
Goldman is a partner in the Washington, DC office of
UVA Lawyer • spring • 2006
Upcoming Alumni Events
May 5–7
Law Alumni Weekend 2006 events in Charlottesville
Return to the Law School & Charlottesville for your class’s reunion
Info at: www.law.virginia.edu/reunions
May 6
Annual Meeting of the Law School Alumni Association
Meeting at the Law School includes State of the Law School Address by Dean Jeffries
June 12
Washington, DC Alumni Luncheon
Join other DC Area alumni for a luncheon at Hotel Washington
June 21
Richmond Alumni Reception
Join Dean Jeffries for a reception at the new Troutman Sanders Building
July 13–16
LL.M. European Reunion
LL.M.s and other European Law Alumni gather in Zurich for a weekend of reunion events.
Contact: Dr. Adrian Dörig, LL.M. ‘96, adoerig@vischer.com
July 13
Washington, DC Alumnae Reception
DC-area alumnae network and meet other women graduates at a reception on the
rooftop of the Jones Day offices.