UvA Lawyer
SPRING 2008
Nonprofit
Organization
US Postage
PAID
University of Virginia
School of Law
Permit No. 248
Charlottesville, VA
580 Massie Road
Charlottesville, Virginia 22903
www.law.virginia.edu/alumni
Spring 2008
Farewell to a Dean
Vol. 32, No. 1
John Jeffries ’73
Upcoming Alumni Events
May 2–4
Law Alumni Weekend
Join friends & classmates in Charlottesville
for reunions. Members of classes 1948, 1953,
1958, 1963, 1968, 1973, 1978, 1983, 1988,
1993, 1998, and 2003, as well as local alumni
are invited to a weekend of events. Details at
www.law.virginia.edu/reunions.
May 3
Annual meeting of the Law School
Alumni Association
All alumni are invited to attend the annual
meeting at the Law School.
May 14
London, England, Donor Recognition Event
Reform Club
June 12
Annual Richmond Reception
Kent-Valentine House
June 17
Annual Washington, D.C., Luncheon
Mayflower Hotel
June 19
Reception at the Florida Bar Convention
Boca Raton
June 21
Virginia State Bar Breakfast
Virginia Beach
For the latest on alumni events visit:
www.law.virginia.edu/alumni
A Deanship in Review
T
he Law School is a perpetual institution, but it doesn’t run itself.
People — individuals of extraordinary talent and purpose — are what
make it great. So when someone who has helped write the modern
history of the Law School prepares to relinquish leadership, his influence on
the direction and health of the institution deserves examination.
John Jeffries came to Virginia in 1970 directly from Yale. He became
an illustrious member of an illustrious class stocked with future managing
partners, general counsel, public servants, and distinguished lawyers. Even
then he sowed the seeds of legend. John excelled as a student, a Supreme
Court clerk, and, upon returning to Charlottesville, as a master in the
classroom. In an age of restlessness and mobility, which has affected law
faculties as well as law firms, John’s lifelong commitment to the Law School is
essential to appreciating his contributions as dean. After three decades as a student and professor, he brought
to the job a sensibility, coupled with a singular devotion to his alma mater, that enabled him to order priorities
and advance the Law School.
When he took over the front office in 2001, the Law School, by all outward appearances, was settled and
strong. What couldn’t be seen, and therefore easily explained, was the underlying shift in the Law School’s
financing. From coast to coast, states had begun defunding higher education to meet other needs. Legislatures
were continuing to support public colleges and universities, but they had neither the political will nor the
financial ability to fund excellence in higher education. Prior deans had called attention to this trend, and John
knew he would have to press for an immediate solution.
State budgets were under enormous pressure at the beginning of this decade. The capital markets had
collapsed after the technology bubble burst, and they sank even further after the 9/11 attacks. For Virginia to
remain among the nation’s elite law schools, it would have to react to the crisis in public funding and remake
its relationship with the University. Specifically, the Law School had to put on its own shoulders the cost of
providing competitive faculty support and meaningful student fi nancial aid, as well as the expense of maintaining its buildings and grounds. These were essential needs. Realizing new ambitions — such as a law and
business program and more generous loan forgiveness — would only add to the burden.
John took them in order, beginning with the foundational issue of the Law School’s revenue model. The
careful and sensitive process of negotiating fi nancial self-sufficiency was tailored to John’s particular gifts. He
deeply admires the University and its special place in our national life. Ensuring stability for the Law School
had to entail preserving that association and, by extension, our ties to the Commonwealth. Anything less was
unacceptable. In the end, fi nancial self-sufficiency accomplished everything the Law School and the University
wanted. The Law School was allowed to finance itself and plan with confidence, and the University now had a
premier law school that was entirely self-funding but whose governance remained intact.
From there, John organized the Law School around its signature culture and identity. The power of the
student experience was the litmus test for improvement. The best initiatives raised the quality of instruction,
made the Law School more accessible and attractive to the finest students, and every year produced stronger
entering classes, more students in public interest law, and more money for fi nancial aid and loan forgiveness.
A closer look at the state of the Law School follows in these pages. We believe you will conclude that, under
John’s stewardship, Virginia has earned its place as the American ideal in legal education.
— The Editors
Spring 2008 / Vol. 32, No. 1
Departments
1
A Deanship in Review
Features
4
The Road to Financial Self-Sufficiency
Cullen Couch
19
Law School News
37
Faculty News & Briefs
49
Scholar’s Corner
10
A Lawyer at Day One
Cullen Couch
14
Public Service the Virginia Way
Paul Mahoney
53
Class Notes
77
In Memoriam
79
In Print
Front cover: John Jeffries photographed by Tom Cogill
Editor Cullen Couch
Associate Editor Denise Forster
Contributing Writers Alexei Pfeffer-Gillett, A&S ’08; Emily Williams; Mary Wood
Design Roseberries
Photography Michael Bailey, Ian Bradshaw, Tom Cogill, Peggy Harrison, Emily Williams, Mary Wood
“I look to the diffusion of light and
education as the resource to be
relied on for ameliorating the
condition, promoting the virtue,
and advancing the happiness of
man.” —Thomas Jefferson
The Road to Financial Self-Sufficiency
Cullen Couch
T
he Law School belongs to one of the nation’s great
universities. For most of its history that relationship
provided ample and reliable benefits, with no cause for
concern. But the last two decades have brought forth
a change in public funding for higher education. State
budgets have come under pressure to divert resources
to other needs, leaving less and less for institutions like
the University of Virginia to sustain excellence.
Foreseeing a future of declining state support, the Law School, under Dean
John Jeffries, pioneered a new model for financing elite legal education. Financial
self-sufficiency, as the arrangement between the University and the Law School is
called, is unique at Virginia and without peer in American public education.
The essential terms are that the Law School’s tuition tracks that of its competitors, and that increased tuition revenue puts the onus on the Law School to pay for
itself. In addition, the Law School remits to the University a percentage of its tuition
dollars in recognition of its historic debt to the Commonwealth. Not surprisingly,
the Law School expects and receives more autonomy, but if anything, relations
with the University are closer than ever. The Law School has gained more control
over its budget, and it is now a net supporter of the University. Both parties have
reason to be pleased. But as obvious as the advantages to the Law School and the
University appear in hindsight, it took courage on each side to produce a deal that
had no precedent.
UVA Lawyer • Spring • 2008
|5
FINANCIAL SELF-SUFFICIENCY
When the Law School first floated the concept of
support of thousands of alumni, began building a fi nancial
self-sufficiency, many lawmakers, alumni, and members
structure based on tuition dollars and tuition increases
of the University community raised questions. Is the
that would yield a steady source of revenue.
Law School going private? What about its obligations
But not everyone had an insider’s appreciation of the
to the Commonwealth? Would it still be the University
Law School’s dilemma. Terry Ross ’83, partner in the
of Virginia School of Law? To garner support for self-
Washington, D.C. office of Gibson, Dunn & Crutcher and
sufficiency, the Law School had to show that a departure
an influential member of the Board of Visitors at the time,
from the past was necessary, and that its public mission
was an early opponent of self-sufficiency and framed the
and fundamental association with the University would
initial controversy surrounding it. He readily admits to an
remain intact. John Jeffries pushed ahead on the promise
early lack of sympathy.
of those assurances, and in the end secured financial
“My central concern was affordability for middle
stability for the Law School as well as his own legacy.
class and lower income families,” Ross recalls. “The most
significant change was going to be to in-state tuition. A lot
of the burden was going to be borne by in-state students. I
Whither state support?
thought it might be sending the wrong message that we’re
a school for elites only and that middle class and working
The notion of self-sufficiency dates back to an accreditation visit to the Law School in the late 1970s. Leonard W.
class kids need not apply.”
Ross was also concerned that high tuition and resulting
Sandridge, Executive Vice President and Chief Operating
debt would force Law School graduates to seek higher
Officer of the University, recalls an exit interview after that
paying jobs outside of the Commonwealth, even if they
visit where the examiner noted “some things lacking at
wanted to stay in Virginia and work for lower pay in their
the Law School in the way of financial investment. It really
communities or in public service.
gave us some direction about Virginia. Their comment
“Before financial self-sufficiency was even proposed by
was, ‘Shame on you — you’re giving your product away.
John, there was a concern about law students not staying in
If you charged an appropriate tuition, you would have the
the Commonwealth upon graduation. For example, there’s
resources necessary to support this institution.’”
hardly anyone in the General Assembly anymore who is
Then, in the early 1990s and again in 2001 and
a University of Virginia Law School graduate. As a result,
2002, state revenues contracted severely. Aid to all the
when we have special needs, we don’t have anybody to go
Commonwealth’s universities and colleges fell. These were
to talk to anymore, a lawyer who understands what we
not mere temporary interruptions in an otherwise steady
need at the University. I thought that was a valid point, and
flow of financial support. Rather, they represented a long-
I started talking to John about it when he became Dean.”
term erosion, an untenable situation for higher education.
Jeffries and two key supporters of self-sufficiency,
“It’s extremely difficult in an institution whose principal
Sandridge and Gordon Rainey ’67, then Rector of the
costs are labor to absorb decreases in budget,” says Jeffries.
University, knew they needed Ross’s support. Without it, the
“There aren’t investments that can be put off or expenses
Board of Visitors would be unwilling to move. So the three
that can be rescheduled or projects that can be terminated.
men visited Ross in his Washington office in July 2001.
Mostly what you have to do is reduce your labor force.
That quickly cuts to the bone of what we do here.”
It became plain to Jeffries, and to his predecessor
Ross recalls it with a laugh. “You know you’re in
trouble with those three coming to visit! Either they’re
going to be asking for a very large contribution or they’ve
Robert Scott, that the Law School needed to make a choice:
got a very serious issue at one of the schools. But they laid
continue to rely on state subsidies or remain in the fi rst
out the plan. John showed me the numbers in detail and
rank of American law schools. The choice was stark, with
it was clear that if the Law School was to maintain — just
clear consequences. They chose the latter and, with the
maintain — its place amongst its peers in the competitive
6 | UVA Lawyer • Spring • 2008
FINANCIAL SELF-SUFFICIENCY
School assumed a moral obligation to the Commonwealth,
and in that moment defused the public-private tension
inherent in self-sufficiency to advance a new and better
partnership.
Ross remembers it well. “I thought that was a great
idea,” he says. “It allowed in-state students to do a couple
of things. First, if they did need to take out loans, the
loans would be available. Second, if they did not want to
go to work for a high-paying Wall Street firm, and instead
wanted go back to their own community and work as a
solo practitioner, an Assistant Commonwealth Attorney
or a public defender, or for a non-profit or public interest
group, all of which are lower paying jobs, they would still
be able to do that because of the loan forgiveness program.
They would not have the debt overhang which could make
it impossible for them to make those choices. That’s what
Terry Ross
really convinced me.
“It was also one of the few instances in my eight years
on the Board where I thought that at the end of the day we
environment we’re now in, we had to do a better job rais-
had come up with a ‘win-win’ for the Commonwealth, the
ing revenue to fund programmatic changes.”
University, the students, and for the individual school. I
After spending the entire day in Ross’s office discussing
think it was just absolutely brilliant what John did.”
the plan, they concluded a deal satisfactory to Ross and
the Board, the University, and the Law School. The details
were pragmatic and combined political and institutional
A painful, but quick, transition
sensibilities. The Law School would relinquish all fi nancial
support from the University. It would cover its own over-
The first year was difficult. “I guess you would say we had
head and pay to the University ten percent of its tuition
to buy our way into this deal,” recalls Jeffries. “If you were
revenue. It would gradually raise out-of-state tuition to
the CEO of a business, you would say that year one — the
market levels while guaranteeing a $5,000 discount to
transition year — was financially dilutive. We had less
in-state students. And it would treat the practice of law in
money than we would have had under the old regime.
Virginia as a public service so graduates who chose to work
About half-way through year two, it became accretive
in underserved areas of the Commonwealth would qualify
and it has been substantially so ever since. Now, the Law
for loan forgiveness.
School generates a level of revenue that gives it the chance
The last element, proposed by Jeffries, was a critical
to maintain its position in the first rank of American legal
gesture of good faith. At the time, the Law School’s “loan
education. The University has one less mouth to feed and
forgiveness” program was primarily one of loan deferral. A
receives a significant subsidy from the operation of the
graduate had to be in public service for some years before
Law School every year, so it’s good for us and good for the
any debt was actually forgiven. Meanwhile, the debt was
University.”
largely deferred and would become due if the graduate
While Jeffries was managing the program at the Law
entered the private sector. Jeffries’s idea was to make loan
School, he was also promoting it to external audiences. He
forgiveness immediate and to equate particular employ-
wanted to be as public as possible; self-sufficiency was a
ment in the Commonwealth with public service. The Law
complete change and it needed a constituency supporting
UVA Lawyer • Spring • 2008
|7
FINANCIAL SELF-SUFFICIENCY
it. “If we’re doing the right thing, we should be able to
afford to carry it — the middle class and working families.
explain it in ways that will be persuasive to people who
It was perceived in the General Assembly as it was within
have our best interest at heart. That was the only way it
the University community — a win-win.”
was going to work.”
With the support of University President John Casteen,
“I guess to be truthful, I think I’m proud of that
because I believe that we [the Law School] do have an
Sandridge, and Rainey, Jeffries embarked on a publicity
acceptance,” says Jeffries. “I believe it is established. I don’t
campaign. He mailed letters explaining financial self-
think it’s fragile, and that’s only because we were able
sufficiency to every graduate of the Law School, published
to educate a lot of people out there who understood and
information about it in every UVA Lawyer for several
approved.”
years, and talked about it to interested audiences around
Ross agrees and gives Jeffries credit for its success. “I
the country. Ross also visited legislators personally to
think John’s approach to the problem reflects the way he
explain the plan. “The reaction was uniformly positive on
saw his job. He’s very comfortable with who he is. That
both sides of the aisle and in both chambers,” he recalls.
allows him to work with other people without his own ego
“We demonstrated a concern about the Commonwealth’s
getting in the way. He believes that the process of policy-
purse strings. We would find a way to do it on our own
making at the Law School is a democratic one in which the
without burdening them or turning that burden onto
various constituencies have to come together and work to
those members of our Commonwealth who could least
develop solutions to problems. As a result, the Law School
8 | UVA Lawyer • Spring • 2008
FINANCIAL SELF-SUFFICIENCY
during the entire time that John was Dean has probably
typically, insists it was a group effort. But the group
had the best relations it has ever had with the Board of
needed leadership, and the key players credit Jeffries for
Visitors and with Madison Hall [the President’s office].”
providing it.
Jeffries also sees the issue within a much broader
context, part of a larger trend he calls “the democratiza-
Programmatic innovation
tion of higher education.” According to Jeffries, there was
a time when the University of Virginia stood at the “head
While self-sufficiency gave the Law School a more
of the line and got the first cut at state money, and all the
predictable stream of revenue in uncertain times, it also
other institutions in the state took what was left. Those
allowed Jeffries to expand the curriculum into new areas
days have passed and, in my view, rightly so.” Instead,
of student and faculty interest. Former dean Bob Scott
he sees higher education funding as being more “demo-
had built a first-class physical plant, so Jeffries could
cratic,” a much bigger factor affecting state support at
turn his attention to the Law School’s curricular and
individual schools than the simple decline of state dollars
programmatic elements.
across the board. State governments are instead allocat-
“John was very willing from day one to talk to anybody
ing resources to increase access to higher education for
about what we could be doing better [in the classroom],”
greater numbers of people. That concept has captured the
says Ross. “Look at what he’s done, particularly the Law
attention of deans at other top-tier public law schools, and
and Business Program, but also in environmental law, in
Dean Christopher Edley, Jr. of Berkeley’s Boalt Hall saw
intellectual property law. He’s really had a major impact on
the success of Virginia’s model and adapted it to his own
improving the academic curriculum in part because he had
institution in 2004 in the face of similar drastic reductions
the freedom to focus on those issues after Bob Scott’s work
in state support.
on the physical plant, but also because of the self-sufficiency
Jeffries explains, “Excellence in public education —
program. We now have the financial wherewithal to go work
and I mean real national leadership excellence — will
on gaps in the curriculum and to improve the program.
not be funded by taxpayers who are rightly focused on
“John absolutely loves the Law School and views
access to higher education as their primary goal. If we
everything he does as if it were a make-or-break decision
want to be an elite institution, then we have got to do
about its future. He’s never going to let a personal agenda
that with private funds. We are a public institution first
or his personal views stand in the way of doing what’s
and we’re proud of that, but we are financed as if we were
best for the Law School. In a very real sense, he’s got a
a freestanding financially self-sufficient school. That’s a
unique combination of gifts that we may never see again
structure of finance, not of governance, and it allows us to
in our lifetimes. As dean of the Law School and because
maintain excellence on a national level.”
he’s so smart, and has published so widely and is so well
With his term about to expire, Jeffries has mixed
respected, he carries a lot of weight within the academic
feelings about relinquishing leadership of the institution
community. He can forge a consensus which is often the
he dearly loves. “I am aware that I will have some really
most difficult thing to do.”
sharp regret when I leave, but I’ve said before that I went
into teaching and writing because I love those activities.
I love the classroom, and I love the luxury of being able
A new financial model for elite
public education
to think and write about topics that interest me. Getting
back to those activities is enormously attractive to me. So,
when people write me letters saying ‘sorry you’re leaving,’
Jeffries helped create a new paradigm to fi nance the Law
I always write back and say ‘I’m leaving a job I love to
School, and future deans will look back gratefully at
return to a job I love.’ For me it’s a great situation. That’s
the state of the institution they have inherited. Jeffries,
absolutely true.” UVA Lawyer • Spring • 2008
|9
A Lawyer at
Day One
Jeffries Answers Market Need with
Law & Business Program
Cullen Couch
A
T A 2001 CONFERENCE convened on
Herrington, & Sutcliffe, agreed, saying “there is law and
the occasion of the Law School’s 175th
there is business, and then there is the important stuff in
anniversary celebration, a panel of
between. That is where the action is. That is where you
alumni, leaders of the nation’s major law
really add value for your clients. It doesn’t do you much
firms and global business enterprises,
good to simply know the law. You have to know why it
offered a blunt critique of the legal
is important. The more the law school curriculum can
profession. Too many lawyers, they said, lacked the business
preserve fundamental learning about the principles of
“vocabulary” necessary to understand sophisticated finance
law and add the practical and prepare the students to get
and accounting. As a result, their analysis and advice lagged
beyond law to the intersection of law and business, the
the clients’ interests in the deal at hand.
greater service we do them and the better lawyers they will
The business-side panelists expressed frustration with
the state of affairs. Jeffrey L. Humber, Jr. ’78, now retired
become.”
Dean John Jeffries took the panel’s criticism to heart.
Senior Vice President and head of global diversity for
It wasn’t unexpected; he had heard it before and given it
Merrill Lynch and former co-CEO of Merrill Lynch South
a great deal of thought. Jeffries realized that the problem
Africa, complained that “the time that it takes us to train
was less about the internal dynamics of practicing law and
our lawyers on the transactions is time that we have lost.
more about learning how to be a true business partner
We cannot execute a transaction until the lawyers have
with the client. He began serious internal discussions
said, ‘yes.’ They cannot say ‘yes’ until they understand
with then academic associate dean Paul Mahoney (who
what it is we do. And as our transactions have become
will succeed Jeffries as Law School dean in July) and other
ever more complicated and complex …, we need to have
members of the faculty and administration. Together
lawyers who understand the transaction, understand it
they created the Law & Business Program to sharpen the
quickly, and can act as a partner to us on the commercial
content of what is being taught in the classroom and to
side of the venture.”
more closely align the Law School’s curriculum with the
Ralph Baxter, Jr. ’74, Chairman and CEO of Orrick,
real concerns of business and corporate counsel.
UVA Lawyer • Spring • 2008
| 11
LAW & BUSINESS PROGRAM
Ralph Baxter
Jeffrey Humber
A curricular innovation
indentures for debt securities or merger agreements, and
learn what a contract looks like, or a court pleading. While
Law School students, because of the strength of Darden,
those exercises are important, they are not fundamental
can pursue a quality JD/MBA program, but that is an
intellectual endeavors.
intense four-year program that attracts only a handful of
“There’s a place for them,” says Mahoney, “but John’s
students each year. The Law & Business Program, on the
insight was that there was a broader issue. Students walk
other hand, is completely internal to the Law School, and
into practice and try to deal with business transactions
provides as part of the basic three-year course of study the
without an intellectual understanding of what the
core analytic tools to successfully enter corporate practice
transactions are.” The Law & Business Program teaches
or even begin a career in banking or finance. The program
accounting and fi nance to give students the language to
was intended to reach many students — dozens more
understand those transactions, and lets them build on that
than those enrolling in the JD/MBA program — and, by
knowledge by offering enhanced versions of traditional
extension, open that area of the Law School’s curriculum to
law school offerings. Students in the program graduate
more faculty and visitors to increase the students’ exposure
with a greater ability to “partner” with their business
to the complexity of today’s business problems and the
clients much earlier in their careers.
executives who manage them. This was a critical feature of
The program calls for an accounting and finance
the program’s architecture. The point was to popularize the
course in the first year. In the second year, students take
study of “hard” business law and create demand for it. By
Law & Business sections of Corporations, Bankruptcy, or
that measure, the Law & Business Program has succeeded.
Securities (ideally, they take all three). They learn the same
Today, the program attracts hundreds of law students
legal doctrines as the traditional offerings, but they learn
every year who learn the context in which legal problems
them in a way that integrates quantitative analysis and
occur, what truly affects the client, and how they, as
thinking. For example, if studying business bankruptcies,
counsel — not just lawyers — should identify what
they go beyond the language of Chapter 11 and learn what
matters. The many skills that lawyers must have — legal
a distressed company looks like, what its balance sheet
writing, negotiation, forensic speaking — are all things
means, how it can be restructured to get back on its feet,
that lawyers can and do learn on the job. But very few
and how bankruptcy helps it achieve that goal.
lawyers have the time or the opportunity to learn finance
Finally, the third-year component offers intensive short
on the job. Traditionally, law schools have tried to
courses taught by business executives and distinguished
tackle this readiness issue using a back-door, skills-based
practitioners that provide empirical exchange and discrete
approach. Students must draft legal instruments, such as
instruction about actual and emerging issues. Students
12 | UVA Lawyer • Spring • 2008
LAW & BUSINESS PROGRAM
accomplished their purpose. The second-year piece, where
resident faculty add depth and rigor — and perhaps even
an extra credit hour — to standard business law courses, is
moving ahead and finding its sweet spot.
“I would give us an A minus [there],” says Jeffries. “I
think we have done some things very right, yet it remains a
work in progress. It’s a great beginning. We should feel very
proud of what we’ve done, and we should be aware that it
needs to grow and improve. It took a few versions of the basic accounting and finance course to come up with the right
Paul Mahoney
format and the right delivery. I think we’ve got that down.
We have some very fine short courses offered by alums who
“I want our students to be able
to walk in and feel like they are
lawyers from the first day.”
have incredible experience in the real world, and that has
worked well. There are some aspects of the program that
need to be developed, but it’s a great beginning.”
Mahoney agrees, adding that the program has done one
thing extremely well. It has convinced law students that it’s
worth their while to learn some accounting and finance.
“I think that we should not overlook what a remarkable
achievement that is by itself. Many law students walk into
might look at M&A transactions in the technology sector
a law school remembering that the last time they added
or at a biotechnology start-up and examine their challeng-
a pair of numbers together it didn’t go so well. They’re
es and problems — and more importantly, how to resolve
hoping that they never have to deal with that again. To tell
any legal issues to advance the client’s business goals.
them that they ought to take an accounting course and a
Mahoney keeps coming back to the word “context;”
finance course and have them agree is a pretty significant
students must understand that legal questions don’t arise
achievement. I think it speaks to the credibility that our
in a vacuum. “No one wants to know whether a time-
faculty have with our students. We’re able to tell them this
share in a condominium is a security for purposes of the
will be a good thing, and they invest in that.”
federal securities laws just out of intellectual curiosity.
Mahoney observes that students increasingly
The client has a problem and the client wants to solve it.
appreciate, and embrace, the extra effort required by the
So, for us, a big part of the challenge is to make sure that
program’s more challenging course work. Their effort, he
the students understand when and how this question is
says, will be “fully paid with interest in making them more
going to come up.”
effective lawyers when they go into practice. I completely
Mahoney says that students climb a steep learning
believe in the product we’re offering. The program has
curve on basic vocabulary and analytical techniques.
a sound intellectual foundation. It’s just a question of
“Although business decisions involve more than just
designing it the best way we can and getting students to
accounting and finance, we figure that those are two pieces
understand how much it’s worth.”
that we can deliver that are extremely important parts of
that vocabulary and analytical toolkit.”
Based on enrollment and course evaluations, the
Mahoney judges the effectiveness of the Law & Business
Program by one measure, and he will continue to use the
same one as dean. “I want our students to be able to walk
first-year and third-year components — the fundamental
in and feel like they are lawyers from the fi rst day. If they
accounting and finance package, and the short course
understand what the client’s problem is, and they feel a
seminars — have been a hit with the students and
responsibility to help solve it, we’ve done our job.” UVA Lawyer • Spring • 2008
| 13
Public Service
theVirginia Way
S
TUDENTS RECOGNIZE THE necessity
of public interest law, but they don’t often
Public Service and the Law School
Curriculum
appreciate how it combines social policy
and client service until their first pro
The most formal expression of the Law School’s com-
bono project. Afterward, their reaction is
mitment to public service is the Mortimer Caplin Public
almost uniform — surprise and joy about
Service Center, which administers public sector placement
the quality of the experience, and a sense
as well as the many pro bono initiatives that introduce
of reward for having taken the road less traveled.
The path to public service is not always clearly marked.
students to community service. The Center coordinates
summer internships and fellowships, provides individual
Although Virginia graduates have been prominent in
career counseling, and supports the public service work of
America’s public institutions for generations — from
the school’s student organizations.
Robert F. Kennedy ’51 (U.S. Attorney General) and
In addition to the Center, the Law School has witnessed
Mortimer Caplin ’40 (Commissioner of the IRS), to Elaine
the growth of new and existing public service outlets. Here
Jones ’70 (President of the NAACP Legal Defense and
is a summary of the most visible.
Educational Fund) and Richard Cohen ’79 (President of
the Southern Poverty Law Center) — the overwhelming
demand for Virginia students by the private sector puts the
The Public Interest Law Association
The Public Interest Law Association is a frontline
burden on the Law School to raise the profi le of legal aid
student organization dedicated to promoting and support-
and public interest law.
ing public interest law among students. PILA campaigns
Effort drives results, and in the course of his deanship
during the year to raise money to fund grants for first- and
John Jeffries has made public service a higher calling at
second-year students who accept volunteer or low-paying
Virginia. He put more money behind student fellowships
summer internships in public service. Any amounts raised
and lent his personal prestige to activities that celebrate
by PILA are then matched by the Law School Foundation
excellence in public service. The projects that are now
to help fund the grants. From 1996 to 2004, the Foundation
part of the Law School’s public service enterprise are more
matched fifty cents for every dollar PILA raised, but mid-
relevant to today’s students and, equally important, are
way through his deanship Jeffries asked the Foundation to
responsive to those in need who rely on the bar and the
double its commitment. As a result, the Foundation today
legal academy for help.
matches in full every dollar raised by PILA. Designated
funds from the Mortimer Caplin ’40 Fellowship, the Linda
Fairstein ’72 Fellowship, and the Ford C. O’Connell ’04
Fellowship also support these grants.
PILA’s fundraising success determines the number of
students who will receive grants. In 2007, PILA distributed
14 | UVA Lawyer • Spring • 2008
PUBLIC SERVICE THE VIRGINIA WAY
a record $279,000 to 58 students
who undertook public interest work
“The School of Law at the University
around the world. That almost tripled
of Virginia has always been
the number of awards made during
Jeffries’s first year as dean, when
committed to the ideal of public
37 grants totaling $112,500 were
responsibility and to nurturing
awarded.
the civic virtues that support it:
Conference on Public Service and
the virtues of integrity, civility and
the Law
service ... And there is no more
Founded by students in 1999, the
annual Conference on Public Service
and the Law brings together students,
faculty, lawyers, and policymakers to
explore current public interest issues,
usually with the goal of unpacking a
subject with larger political or eco-
suitable way for a lawyer — or law student — to show concern
for the public welfare than by making sure that those less
fortunate than we in life have access to our system of laws and
jurisprudence and appreciate the role of the law and the value of
nomic consequences. In its nine-year
the rule of law in society ... Moreover, pro bono and community
history, the conference has become a
service reinforce basic, decent, human tendencies and traits —
national event that draws more than
500 law students and close to 100
they further our spiritual needs. Psychologists now brilliantly tell
panelists from across the country.
us what we have always known deep down — that doing good
Recent keynote speakers have included Virginia Governor Tim Kaine;
deeds for others makes us feel better than just accumulating and
Senator Edward “Ted” Kennedy ’59;
consuming more and more and more.”
ACLU President Nadine Strossen;
U.S. Supreme Court Justice Stephen
Breyer; and Arizona Governor Janet
Thurston R. Moore ’74
Napolitano ’83.
Chairman of the Executive Committee, Hunton & Williams
The Pro Bono Project
During their time at the Law
School, students are encouraged
to perform at least 75 hours of free legal work. Dubbed
The Hunton & Williams Pro Bono Partnership
the Pro Bono Project, this initiative last year resulted in
In 2005, Hunton & Williams, in partnership with the
students volunteering more than 13,600 hours assisting
Law School, opened a pro bono office on the campus of the
indigent clients and nonprofit organizations. To satisfy
Legal Aid Justice Center in Charlottesville. Today, more
the pro bono commitment, students may fi nd local and
than 20 students work with Hunton & Williams lawyers
national pro bono opportunities on the Law School’s pro
to provide free legal services to low-income victims of
bono project database, volunteer through a student-run
domestic violence and to immigrants seeking asylum from
public service organization, or participate in one of the
persecution in their country of origin. Jeffries praises the
many targeted pro bono programs coordinated by the
partnership for offering Virginia students “the opportunity
Law School.
to engage in important public service under the guidance
UVA Lawyer • Spring • 2008
| 15
PUBLIC SERVICE THE VIRGINIA WAY
of knowledgeable and experienced lawyers,” and notes that
Pro bono programs
“it is both a giving and a learning experience” for students.
“The Pro Bono Partnership reflects the Law School’s and
What Type of Work Counts Toward the 75-Hour
Pro Bono Challenge?
In order to count for the pro bono challenge, the work
must be unpaid, law-related (e.g. interviewing clients
the firm’s commitment to the ideal of access to justice.”
Winter Break Pro Bono Project
Some students take advantage of their month off from
and witnesses, drafting documents or legislation, doing
classes during winter break to undertake public service
legal research or law reform projects, assisting at trials or
work. Through this year’s Winter Break Pro Bono Project,
administrative hearings), and supervised by a licensed
a record number of students volunteered a minimum of
attorney or a Law School faculty member.
40 hours, usually in their hometowns. The Public Service
Past participants have included nonprofit organizations,
Center found projects for 114 of the 135 students who ap-
pro bono attorneys, public interest law firms, local
plied, involving more than 3,000 volunteer hours — nearly
government agencies, public defenders, and legal services
double last year’s total. (See related story on page 27.)
offices. Students may participate in existing external pro
bono projects, develop their own pro bono projects, or
volunteer through a student-run public service organization.
Examples of the many available opportunities include:
Clinical Opportunities
Today, so many clinical opportunities exist at the Law
School that students can be quite selective in choosing the
area of law they wish to explore. Under the supervision of
• Access to Justice Partnership
practicing attorneys, students perform lawyer functions
associated with their cases, including client and witness
• Child Health Advocacy Program
interviews, factual development, legal research, preparation of
pleadings, and negotiation. Students with third-year practice
• Court Appointed Special Advocates
certification may also be responsible for courtroom advocacy.
• Hunton & Williams Pro Bono Partnership
Post-Graduate Endeavors
• Legal Outreach Project
The Law School’s promotion of public service and pro
• Nonprofit Legal Assistance Project
bono work extends beyond the current student population
to recent graduates in the form of loan forgiveness and
• Various student-run projects, including:
graduate public service fellowships.
the Domestic Violence Project, Legal Education Project,
Legal Assistance Society, Migrant Farmworkers Project, Rape
Crisis Advocacy Project, Virginia Employment and Labor Law
Virginia Loan Forgiveness Program
When Jeffries took office, the Law School was already a
Association, Virginia Environmental Law Foundation, the
leader among law schools providing fi nancial assistance to
Virginia Innocence Project, and a new pro bono project to aid
its graduates who entered public interest or public service
disabled war veterans established this semester by a coalition
jobs. At that time, the Public Service Loan Assistance
of students, faculty, and area attorneys. (See related story on
Program began providing loan forgiveness in the fifth year
page 32.)
following graduation. PSLAP offered complete forgiveness
Find full details at www.law.virginia.edu/publicservice.
16 | UVA Lawyer • Spring • 2008
PUBLIC SERVICE THE VIRGINIA WAY
in underserved areas in Virginia, including those who go
into private practice. In 2007, the Law School dedicated
over $491,000 to loan forgiveness, and more than twice the
number of graduates benefitted as did just six years earlier.
“The expense is great, but loan forgiveness is absolutely
necessary for our students who seek to enter public
service,” said Jeffries.
Post-Graduate Fellowships
Another important investment this decade has been
the Law School’s establishment of fellowships to provide
funding for non-paying, post-graduate public service
positions.
A prime example has been the creation of the Lewis
F. Powell, Jr. Fellowship in Legal Services. Funded jointly
by the Powell family and Law School benefactors, the
Powell Fellowship funds a two-year position for a graduate
At the end of her Powell Fellowship, Anishah Cumber ‘05 was accepted
as a full staff attorney in the family law unit of the Legal Aid Bureau of
Maryland.
providing legal services to the poor. Recent Powell Fellows
have worked on matters as diverse as migrant seafood
labor rights in North Carolina, to educating South Asian
immigrant women working in Maryland about their alien
in year eight. In 2001, the Law School spent $110,000 on
the deferred loans of its graduates in qualifying public
service, but that sum was insufficient.
Jeffries thought more should be done and in 2003–2004
status and civil rights.
In addition, students are encouraged to apply for
outside funding sources, and the Public Service Center
helps students prepare their proposals for post-graduate
introduced the Virginia Loan Forgiveness Program, which
fellowships and funding. This year, a record three Virginia
shifted the emphasis from loan deferral to loan forgiveness.
Law students were awarded Skadden Fellowships, the most
“The key here is loan forgiveness,” noted Jeffries, and
generous and visible of their kind, which are conferred to
the VLFP demonstrates the Law School’s “major commit-
identify excellence in public service. Following graduation,
ment to enabling our students to pursue public service
third-year students Dania Davy, Michael Hollander, and
careers after graduation.” Students who graduate with
Matthew VanWormer will each receive an annual salary,
large debts — as most of today’s students do — cannot
plus benefits, to undertake their respective public interest
take low-paying public service jobs unless they get help
projects. (See related story on page 25.)
with their loans. “We provide that help in the form of
“Due to the strength of our public service program, we
loan forgiveness for graduates engaged in full-time public
are attracting highly qualified students who are commit-
service whose incomes do not allow them to meet current
ted to public interest careers and are therefore excellent
repayment obligations,” said Jeffries.
candidates for national fellowships like the Skadden,” said
The VLFP supports the Law School’s dedication to
making public service a viable career option for gradu-
Assistant Dean for Pro Bono and Public Service Kimberly
Emery ’91.
ates who want to work in the public interest. But Jeffries
also wanted to acknowledge the Law School’s historic
obligation to the Commonwealth and thus expanded the
VLFP’s reach to cover graduates who choose to practice
UVA Lawyer • Spring • 2008
| 17
PUBLIC SERVICE THE VIRGINIA WAY
Pro Bono Publico
Public interest, public service, and pro bono work
have long been tenets of the Virginia culture — for both
Clinics involving public
service
students and alumni. “We emphasize public service not
merely as a full-time career choice that some students
Under the supervision of an attorney and faculty members,
may make, but as a lifelong commitment for all Virginia
students perform the lawyer functions associated with
graduates. One of the glories of the legal profession is the
their cases, including client and witness interviews, factual
array of opportunities it provides for public service from
development, legal research, preparation of pleadings, and
the private sector,” said Jeffries.
negotiation. Students with third-year practice certification
Jeffries observed that “lawyers are born leaders. They
naturally become involved in all sorts of civic organiza-
may also be responsible for courtroom advocacy. Students
accrue pro bono experience in some of the following clinics:
tions, charitable activities, educational institutions,
advisory boards, and commissions, as well as a variety
Advocacy for the Elderly
of professional organizations. One of the messages we
Appellate Litigation
celebrate at Virginia is that a lawyer doesn’t have to be
Capital Post-Conviction
employed in the public sector to make a contribution to
Child Advocacy
the public interest. On the contrary, we see public service
Criminal Defense
as a commitment to which all Virginia graduates should
Employment Law
aspire. Fortunately, our students have the example of our
Environmental Practice
alumni to show the many ways this can be done.” First Amendment Law
Housing Law
Immigration Law
International Human Rights Law
Mental Health Law
Prosecution
PUBLIC WORKS
Students and alumni will find the latest news about
opportunities and events at the Mortimer Caplin Public
Service Center’s blog: Public Works. The blog posts
information on public service job opportunities, pro
bono projects, fellowships, speaker events, and links to
frequently accessed employment resources.
http://uvalaw.typepad.com/publicworks/
18 | UVA Lawyer • Spring • 2008
Law
School
News
Law School News
Scholar, Teacher, and Corporate Law Expert
Named Dean
P
AUL G. MAHONEY HAS BEEN
grace and judgment” — launched
appointed the 11th dean of the
a $150 million Capital Campaign,
Law School, UVA President John T.
improved student recruitment, and
Casteen III announced in February.
enhanced curricular and public
service programs during his tenure.
Mahoney, 49, an expert in corporate law who joined the law faculty in
After a yearlong sabbatical, he will
1990, will serve as the Arnold H. Leon
return to teach full time in the Law
Professor of Law. His appointment
School.
“I am fortunate to follow an
will be effective July 1.
extraordinary leader like John
“Paul Mahoney will join a distinguished line of scholar-deans who
Jeffries, who leaves the Law School as
have served and led the Law School
financially healthy and well managed
since its beginnings,” Casteen said.
as it has ever been,” Mahoney said.
“These predecessors and their faculty
“Our students, faculty, and alumni
colleagues have built a culture of ex-
contribute unparalleled talent and
cellence in the school. Mr. Mahoney’s
loyalty to our common enterprise,
talents, wisdom, and capacity for
Paul Mahoney
to work with them.”
visionary leadership assure that one
Mahoney was selected, Casteen
of America’s great centers of scholarly
excellence will continue to thrive.”
“A brilliant scholar, a
dedicated teacher and
a person of impeccable
University Provost Tim Garson. I
am satisfied that the process has met
University Outstanding Teaching
Award, the Law School’s Traynor
and peers, and ably led by Professor
of Law Elizabeth Magill ’95 and
the school’s curriculum and academic
policies. He has won an All-
said, after a “long and rigorous search
conducted by talented colleagues
As academic associate dean from
1999 to 2004, Mahoney administered
and I am excited to have the chance
grace and judgment”
every test of integrity and inclusive-
Award for excellence in research, and
ness, and it is a pleasure to appoint
the Corporate Practice
Paul Mahoney dean.”
Commentator’s Award for top
Distinguished Professorship, and the
corporate and securities law articles.
youngest to have the title.
Mahoney also is one of only five
Mahoney’s predecessor, John C.
Dr. Arthur Garson Jr., executive
vice president and provost of the
University, said he believed that the
faculty members to hold the most
Jeffries Jr. ’73 — who called Mahoney
Law School was fortunate to have
eminent chair at the Law School, the
“a brilliant scholar, a dedicated
attracted the very best candidate from
David and Mary Harrison
teacher and a person of impeccable
within its own ranks. “Paul Mahoney
UVA Lawyer • Spring • 2008
| 19
Law
School
News
firm Sullivan & Cromwell.
is a scholar of both theory and
Economic Perspectives from 2004 to
practice. I very much look forward to
2007 and a director of the American
working with him.”
Law and Economics Association from
professor at the University of Chicago
2002 to 2004.
and the University of Southern
A pioneer in the use of empirical
Mahoney has been a visiting
Mahoney earned his under-
California law schools and has taught
Mahoney has published dozens of
graduate degrees in political science
short courses at Dalhousie University,
articles and monographs in law
and electrical engineering from
the University of Melbourne, the
reviews and peer-reviewed finance
the Massachusetts Institute of
University of Münster, and the
and law and economics journals.
Technology. After graduating from
University of Toronto. He is a
His teaching and research areas
Yale Law School in 1984, he clerked
frequent consultant on commercial
include securities regulation, law and
for Judge Ralph K. Winter Jr. of the
law matters and has worked on legal
economic development, corporate
U.S. Court of Appeals for the Second
reform projects in Kazakhstan,
finance, financial derivatives, and
Circuit and for U.S. Supreme Court
Kyrgyzstan, Mongolia, and Nepal.
contracts. He is a member of the
Justice Thurgood Marshall. Before
Mahoney is married to Julia
Council on Foreign Relations and was
joining the Law School, Mahoney
DeLong Mahoney, who also is a Law
an associate editor of the Journal of
practiced law with the New York law
School professor.
methods in legal scholarship,
Errata:
To the editor:
This is to inform you, Lindsey
Catlett, and Robert M. O’Neil that
A Tribute to Oliver W. Hill
by Daryl Cumber Dance
(“[Oliver Hill] moved America from
Hang the medal around his neck,
Fly the flag at half-mast,
Erect the statues in his honor,
Name the buildings and bridges for him,
Silently follow his casket through the streets.
the darkness of the 19th century
All woefully inadequate. Our debt is too great.
to the promise of the 21st”) in the
We each seek ways to thank the brave warrior
Who helped to make our country more of what it should be …
the second sentence of the quotation
O’Neil attributed to Governor Kaine
September 13 panel honoring Hill
and cited in the article written by
Catlett on p. 29 of your Fall 2007
UVA Lawyer was taken by Governor
Kaine from my poem in the funeral
program with recognition of its
source by him.
I enclose a copy of the Hill funeral
program and trust that the record
will be corrected.
Very truly yours,
Daryl Cumber Dance
Professor of English
University of Richmond
(Ph.D., UVA, 1991)
20 | UVA Lawyer • Spring • 2008
(“Let America be the dream the dreamers dreamed … It never was America to me”
[Langston Hughes])
… The warrior who feared no foe, resisted no battle, accepted no compromise
As he fought to free a nation.
A gentle man and a strong warrior,
His life was as full of symbols as of victories,
A man whose first name signifies peace,
And whose last name suggests the heights he scaled,
A man who lived an even one hundred years, a full century —
And moved America from the darkness of the 19th century to the promise of the 21st.
And what can we do to properly recognize this hero?
We can humbly thank God for his life
And dedicate ourselves to
Creating the strong nation of equality and love
That he envisioned — an America that is America to all.
Dedicated in loving memory of a cherished friend.
Law
School
News
Deena Hurwitz
Stephen Smith
Faculty, Students Write Amicus Brief Challenging
Standards on Torture
By Ken Reitz
W
HEN HAITIAN REFUGEE
appeal to the Third Circuit. Since
about the process of writing an
Emmanuel Dalegrand found
Dalegrand would be sent to Haiti
amicus brief and to get a first-hand
himself before a U.S. immigration
as a criminal deportee, Kalantry
understanding of international
judge in Pennsylvania who had just
believed he risked torture in Haiti’s
human rights issues. Law students
ordered him deported to his native
infamous prison system, an argument
Aaron Esty and Zach Williams
Haiti, things could not have looked
that provided the legal basis for
responded to Hurwitz’s request for
worse. Having fled Haiti during the
the appeal. Kalantry asked Deena
help and were enlisted to research
turmoil that followed the downfall of
Hurwitz, director of the Law School’s
and help write the brief.
the Duvalier regime 25 years earlier,
International Human Rights Law
his parents and sister victims of
Clinic, if she would contribute an
her colleague Stephen F. Smith ’92,
the violence there, the 45-year-old
amicus brief supporting Dalegrand’s
who teaches appellate advocacy at the
Dalegrand was now without a family,
claim.
Law School. Smith said two things
home, or country.
Hurwitz saw the case not only as
Hurwitz further sought the aid of
attracted him to this case. First, “It’s
an opportunity to further the cause
important for all lawyers to do pro
Sital Kalantry, director of the human
of international human rights but,
bono work. I drum that into my
rights clinic at Cornell Law School,
as a professor, she saw it as a chance
students at every available opportu-
who represented Dalegrand in his
for two Law School students to learn
nity, and I practice what I preach.”
His case came to the attention of
UVA Lawyer • Spring • 2008
| 21
Law
School
News
Kerry Shapleigh and Germaine Dunn
Second, Smith is interested in the
There is considerable controversy
humanitarian crisis in Haiti and is
in both the courts and the Bush
a founding member of two different
Administration as to what constitutes
Haitian relief organizations.
“specific intent,” Smith explained.
“When I saw the opportunity to
Second Amicus Brief
Supports Victims of Torture
Hurwitz, with help from Smith, has
“We urge the Third Circuit to
fi led a second amicus brief, this time
combine my interests in pro bono and
reject the restrictive definition of
in an appeal to the Fourth Circuit, in
advocating for Haitians, I jumped at
‘specific intent,’ and hence ‘torture’
a case that involves the alleged torture
it,” he said.
adopted in the Bush Administration’s
of Somali citizens by their own
infamous ‘torture memorandum’ as
government 20 years ago.
Prior to joining the faculty at
the Law School, Smith practiced
contrary not only to international law
Through lawyers working with the
appellate litigation for eight years
and the purposes of the CAT, but also
Center for Justice and Accountability,
in Washington, D.C., before the
the common law defi nition of specific
the plaintiffs, now living in the
Supreme Court and other federal
intent and the Eighth Amendment
United States, sued former members
appellate courts nationwide. Smith
standards,” he said.
of the Somali government, also now
explained the appeals strategy:
The future for Dalegrand remains
living in the U.S., under provisions of
“[Dalegrand] claimed that it would
uncertain and it’s likely the case will
the Torture Victim Protection Act.
violate the Convention Against
not be heard for several months. Still,
The judge found against the
Torture (CAT) to deport him to
Smith is optimistic. “If the panel rules
plaintiffs, citing provisions of the
Haiti, and he can prevail on that
against petitioner — and we believe
Foreign Sovereign Immunities Act
claim only by showing that the pain
he should prevail — there will be the
(FSIA). The appeal is based on the
and suffering he would likely endure
opportunity to seek review before the
idea that Congress did not intend the
in Haitian prison would be ‘specifi-
en banc court, and ultimately the U.S.
FSIA to shield those who may have
cally intended’ by Haitian officials.”
Supreme Court,” he said.
committed crimes such as torture.
22 | UVA Lawyer • Spring • 2008
Law
School
News
Aaron Etsy
Second-year Law students
Zach Williams
case focus narrowly on the facts of
pieces to this case, it was hard work.”
First-year student Williams found
Germaine Dunn and Kerry Shapleigh
their own cases, which can leave
researched and helped write the brief
judges in the dark about the broader
the experience challenging, but also
as part of their work with Hurwitz’s
implications of their rulings,” he said.
rewarding. “It allowed me, very early
International Human Rights Clinic.
“Amicus briefs can help fi ll that void
in law school, to perform lawyer’s
In addition to their other studies
in the appellate process by making
work while learning the analytic
and with only a month to present
sure judges understand the broader
contours of legal thinking,” he said.
the brief, Dunn said it was a “steep
context from which the cases before
Second-year student Esty said
learning curve.”
them arose. It’s not uncommon for
he is now knowledgeable about laws
judges to cite amicus briefs at oral
regarding torture and hopes to work
argument or in their opinions.”
for a human rights organization after
Describing the essence of the
brief, Dunn said, “The distinction
is between not feeling that we [the
Hurwitz pointed out that this brief
law school. He also had advice for
United States] are meddling in the
involved a number of complicated is-
fellow students who may hesitate to
domestic affairs of another country,
sues that crossed legal boundaries and
do pro bono work in school. “If you’re
and realizing that torture is never
brought legal scholars together from
not involved with pro bono when
OK.” Shapleigh added, “We’re saying
across the nation. In all, 29 professors,
you’re in school with some free time,
that the people who commit torture
including eight from the Law School,
how will you ever get involved when
are never protected by the FSIA.”
signed the brief. Hurwitz also credited
you’re working 85 hours a week?”
What impact can an amicus
brief have in the appeals process?
Smith argues the effect can be an
important one.
“Too often the parties to the
the work of the two students as being
vital to the effort.
“I’ve had really good experiences
working with first-year students,” she
said. “There were so many different
UVA Lawyer • Spring • 2008
| 23
Law
School
News
Dania Davy
Michael Hollander
24 | UVA Lawyer • Spring • 2008
Mathew VanWormer
Law
School
News
Virginia Claims Three Skadden Public Service
Fellowships
by Mary Wood
A
RECORD THREE VIRGINIA
“Due to the strength of our public service program,
Law students have been selected
to serve among the 2008 Skadden
we are attracting highly qualified students who are
Fellows, the most coveted public
service fellowship available to young
committed to public interest careers.”
attorneys nationwide.
Following graduation, thirdyear students Dania Davy, Michael
aid organizations in the country,
help black farmers retain property
Hollander, and Matthew VanWormer
Community Legal Services of
within their families. Working in
will receive an annual salary with
Philadelphia, as well as with Juntos,
Durham, N.C., for the Land Loss
benefits to work on public-interest
a Latino community group in South
Prevention Project, Davy will focus
projects of their own design, through a
Philadelphia.
her efforts on community education
program founded by law firm Skadden,
“The majority of my work in
and preserving ownership through
that context will be different types
estate planning, in a strategy she
of workers’ claims — people who
called “a frontal attack on the
service program, we are attracting
haven’t been paid, unsafe working
intergenerational transfer of poverty.
highly qualified students who are
conditions, discrimination, terms
committed to public interest careers
of hiring or firing, people missing
loss in this population with black
and are therefore excellent candidates
overtime, people not getting paid
farmers owning less than two million
for national fellowships like the
what they were promised,” he said.
acres nationally,” she said. “Through
Skadden,” said Kimberly Emery ’91,
“I have experience talking to workers
talking to different national experts
assistant dean for pro bono and
who may not know their rights, who
on black farmers I learned that no
public interest. “These three new
may not speak English.”
one was really working on this estate
Arps, Slate, Meagher & Flom.
“Due to the strength of our public
Skadden Fellows are certainly
Hollander first advocated for the
“There’s a really big issue of land
planning element, which is significant
examples of such commitment and
Latino population during his first-year
because the majority of black farmers
excellence, and we are delighted that
summer with Charlottesville’s Virginia
are elderly.”
they have been recognized and
Justice Center. During his second
honored.”
summer he split his time between law
when a friend sent her a Washington
Davy was alerted to the problem
firm Morgan Lewis and the Federal
Post article on loss of land ownership
to do,” said Hollander, a former
Public Defender’s Capital Habeas
in the Mississippi Delta. Farmers may
software engineer and University of
Corpus Unit, working on death penalty
not make it clear to the next genera-
Virginia undergraduate who wasn’t
cases. Hollander is treasurer for the
tion how important it is to keep the
satisfied working in San Francisco’s
Public Interest Law Association
land, or the next generation may not
tech industry. “I felt like I wasn’t
(PILA) and has been involved with
pay the property taxes and lose the
giving anything back.”
the ACLU of UVA, the Migrant Farm
land, she said. Others don’t realize
Worker Project, the Virginia Capital
they are eligible for one-time pay-
on employment issues for Latino
Punishment Project, and the Virginia
ments from the federal government.
workers under the sponsorship of
Environmental Law Forum.
Black farmers also receive federal
“This is what I came to law school
Now Hollander will be focusing
one of the largest and oldest legal
Davy will use her fellowship to
subsidies at a lesser rate than their
UVA Lawyer • Spring • 2008
| 25
Law
School
News
“I see this as my life’s work. I see myself going along the
assess the needs of patients in a
hospital helps identify such problems
track of becoming an expert in this field.”
at their source.
VanWormer has been interested
in issues affecting Native Americans
white counterparts, contributing to
patients at the Northern Navajo
since he was an undergraduate at
the problem.
Medical Center, located in a Navajo
Arizona State University, where he
Davy said she has always been
and Hopi reservation. VanWormer
spent a year researching the cultural
interested in issues of racial disparity
based his project, sponsored by the
impacts of mining on a Montana
and poverty. During her summers
medical center and DNA People’s
reservation. In law school he interned
she worked for the Equal Rights
Legal Services, on the model of-
during his summers with Trustees for
Center in Washington, D.C., on civil
fered by the Child Health Advocacy
Alaska and California Indian Legal
rights and disabilities issues, and
Program at Virginia, which partners
Services. “I would be happy spending
at the Mississippi Workers Center
Law students, legal aid attorneys, and
my entire career in that field,” he said.
for Human Rights on employment
the University of Virginia Children’s
discrimination litigation. At the
Hospital.
In addition to an annual salary of
$46,000, for those fellows not covered
“It’s specifically aimed at the
by a law school low-income protec-
director for PILA and was a tutor and
social barriers that prevent positive
tion plan, Skadden pays law school
mentor for Action for a Better Living
child health outcomes,” he said.
debt service for the tuition part
Environment. She also volunteered
“Seeing that model working here in
of the loan for the duration of the
for the Domestic Violence Project and
Charlottesville inspired me to pro-
fellowship. The Law School’s fellows
the Street Law Program.
pose it to DNA People’s Legal Services
will participate in the Virginia Loan
Law School she served as auction
and it wound up being something
Forgiveness Program, which will
said. “I see myself going along the
they had been excited about already.
provide partial payment of their law
track of becoming an expert in this
[The medical center] was the spot
school loans.
field.” She credited Law Professor
where they had identified the highest
Tomiko Brown-Nagin for encourag-
need and the best prospects for this
Law School include Erin Trodden
ing her to pursue the project. “She had
project, so it really wound up with a
’05 (2006), Janet Stocco ’03 (2004),
a big role in it all happening for me.”
lot of synergy behind it.”
Jennifer Maranzano ’03 (2003),
“I see this as my life’s work.” Davy
VanWormer will use his fellow-
Everything from housing condi-
Past Skadden Fellows from the
Chinh Quang Le ’00 (2001), Timothy
ship across the country in Shiprock,
tions to poor economic support can
Freilich ’99 and Christine Ellertson
N.M., where he plans to help establish
get in the way of the nutritional and
’99 (1999), and Mary Bauer ’90
a medical-legal partnership providing
educational development of children,
(1990). The first Skadden Fellowships
civil legal services to low-income
VanWormer said. Having lawyers
were awarded in 1989.
26 | UVA Lawyer • Spring • 2008
Law
School
News
Students Set Pro Bono Record Over Winter Break
By Ken Reitz
A
RECORD NUMBER OF VIRGINIA
Law students took part in this
year’s Winter Break Pro Bono Project,
coordinated by the Law School’s
Mortimer Caplin Public Service
Center. The center found projects for
114 of the 135 students who applied,
and the number of volunteered hours
could top 3,000 — nearly double last
year’s total.
Kimberly Emery ’91, assistant
dean for pro bono and public interest
and founder of the program, credits
its success to the efforts of a hardworking team that includes center
Tamara Fishman
office manager Andrew Broaddus,
center director Yared Getachew ’98,
and student volunteers, including
“It was the first trial I had really seen up close and I saw
third-years Amy Woolard and Renada
Rutmanis, and second-year Alissa
how much of the process was done behind the scenes,
DePass.
“Pro bono projects give students
not just in front of the jury.”
the opportunity to serve their community and make themselves more
competitive in the public-service job
Students typically volunteer 25 to
market,” explained Getachew, who
new law school accreditation stan-
also administers Public Works, a blog
dards and more and more firms care
80 hours during their winter break
with comprehensive information on
about it because they want associates
on their assigned pro bono project.
public service careers and pro bono
coming in who have experience doing
While that may seem a short amount
opportunities. He added that Emery’s
pro bono work.”
of time, the students believe their
contacts with the legal aid com-
This year the center placed 20
efforts are well spent.
munity in Virginia and around the
students in the Charlottesville area,
Second-year law student Paul
country, including a well-maintained
but most students received assign-
Levin worked for Public Advocates, a
network of alumni working in the
ments in or near their hometowns.
public-issues oriented, impact-litiga-
public-service sector, have made it
The most popular assignments
tion firm in San Francisco. “I was only
possible for the program to grow
were with legal services and public
expecting to get a little exposure to an
rapidly in the four years since it was
defender’s offices. “We’ve had some
issue and a taste of impact litigation,
established.
go to the city attorney’s offices, and a
but I ended up getting very involved
few to federal government and public
in the project,” Levin said. He helped
from the arrangement as well, Emery
advocacy groups such as Children’s
draft reports and conduct research in
said. “Pro bono service is part of the
Rights,” Emery said.
preparation for court filings. “It was
Law schools and firms benefit
UVA Lawyer • Spring • 2008
| 27
Law
School
News
“I figure at the very least I
First-year Tamara Fishman
worked for a prosecutor in the District
can be active in pro bono
Attorney’s Office in Manhattan. “It
was the first trial I had really seen
and if I do choose to go to
up close and I saw how much of the
process was done behind the scenes,
a private law firm, one of
not just in front of the jury,” she said.
The winter pro bono experience
the major criteria will be
can change the direction of a
student’s career. “Some of them
how active its pro bono
see very powerful situations in
the courtroom,” said Broaddus.
program is.”
“For example, they might help an
attorney assist a client who’s getting
their house back or getting child
custody — things like that can be
Greg Hillson
very significant.”
great to get some first-hand experience
Washington, D.C. Hillson worked in
at Legal Services … I was absolutely
after a whole semester in the class-
the Norfolk, Va., public defender’s
sure that I would pursue a career with
room,” he added.
office, where he assisted the supervis-
a private firm. Now, I’m seriously
ing attorney with various research
considering a career in legal services.”
Brown agreed. “Before working
Also on the West Coast, first-year
The experience altered Hillson’s
Lisa Leung worked at the Seattle
projects and memoranda. “There were
field office of the Equal Employment
several ongoing, pending cases she
career strategy as well. “I figure at the
Opportunity Commission. Leung
needed assistance with: felony murder
very least I can be active in pro bono
called it “an amazing experience.”
cases, robbery, conspiracy — some
and if I do choose to go to a private law
pretty interesting, substantive cases.”
firm, one of the major criteria will be
“Starting from the first moment,
I had non-stop legal work to do,”
In southern Missouri, first-year
how active its pro bono program is.”
Leung said. “I got to see what it was
Audrey Brown worked with Legal
That’s exactly Emery’s objective
like doing eight, sometimes more,
Services in her hometown of Rolla.
with the program. “We’re really trying
straight hours of legal work and it
Brown said she was able to learn
to target the broader group of students
solidified my belief that I can actually
plenty by observing in the courtroom
who are going to be going into private
do this for a career.”
and judges’ chambers, and by talking
practice,” Emery said. “They really
extensively with career attorneys in
need to understand about these types
interested in public service law after
the office. “Through the experiences
of clients who don’t have access to
talking with a family friend who
I had working on some cases, I was
legal services. Many firms are starting
has been a life-long public servant
able to learn a bit about family law,”
to look for that in their recruiting and
at the U.S. Department of Justice in
she said.
interviewing.”
First-year Greg Hillson became
28 | UVA Lawyer • Spring • 2008
Law
School
News
Libel Show
Celebrates
100 Years
of Mischief,
Memories
By Mary Wood
I
T STARTED AS A FRATERNITY
hazing ritual on the steps of
the Rotunda more than a century
ago, but the Law School’s annual
Libel Show has retained its
mission of lampooning faculty,
Bernie Feord ‘88 as the Tin Man (Professor Charles Goetz); Fred Wagner ‘87 as the Scarecrow
(Professor Michael Dooley); Mikki Graves (now Walser) ‘88 as Dorothy (Professor Mildred Robinson);
Mike Callahan ‘88 as the Lion (Professor Cal Woodard).
the administration, and law school
culture, while growing into an
The show moved to Old Cabell
impressive musical-comedy stage
“The thing that was surprising
production harnessing the efforts
to me was actually how similar the
Hall in 1908, where it remained for 80
of more than 200 students. The
show is to productions 70 or 80 years
years (for two years in the late 1960s
infamous show celebrated 100 years
ago — though obviously we do more
it was moved to University Hall — for
in March, marked by the return of
’80s pop songs now,” joked Byrnett.
a production that “simply couldn’t
more than 125 alumni to see the latest
In the late 19th and early 20th
be stuffed into Old Cabell”). In
production and a commemorative
centuries, members of the Phi Delta
1990, the show moved to its current
book on the show’s colorful history.
Phi legal fraternity would parade
home, Caplin Auditorium, on the
new recruits, or “goats,” around
Law School grounds. Although more
when you get a group of highly
Charlottesville on the backs of mules
than 100 years have passed since the
motivated, highly intelligent, and
during the University of Virginia’s
traditions marking the Libel Show
shockingly creative people together
annual “Easter Gayeties.” The first
began, the production celebrated its
in a room to find out what they can
formal show occurred in 1903; while
50th anniversary in 1958.
do,” said Libel Show co-director
few details remain from that produc-
“The impressive thing to us is that
John Sheehan, a third-year. “There’s
tion, in 1904 the show featured a trial
the show was able to make it this far,”
something exciting about it because a
of a student for standing up a girl,
Byrnett said. “As is prone to hap-
lot of us are going on to legal jobs and
while another early skit put Greek
pen when you’re making fun of the
this is one of those rare opportunities
poetess Sappho on trial. Audience
people in charge, they sometimes get
that comes to just get up on stage and
members illuminated the event by
rankled, and so there were a number
be ridiculous and have a good time.”
firing roman candles at participants.
of times in the show’s early history
According to the 1958 Libel Show
that it darn near got itself banned.”
“It’s really fascinating to watch
Show producer Patrick Byrnett,
Several sources report rumors of
a third-year, researched the show’s
program, the tradition of performing
history for the commemorative book,
on the Rotunda steps ended when the
why the show was banned for a few
which features photos, program
University president, climbing the
years in the 1920s. Byrnett said the
covers, and portions of scripts from
steps to his office, “was struck in the
most verifiable suggests the show may
past productions.
midsection by a sputtering rocket.”
have been barred by University of
UVA Lawyer • Spring • 2008
| 29
Law
School
News
Virginia President Edwin Alderman
after students produced a skit in
“
I was involved in the Libel Show all three years I was at the Law School. Each year
I had a small part and did some singing. I also helped out on production, doing
which Law Professor (and eventual
makeup, getting the program together, etc. My major functions, though, were
dean) Armistead Dobie participated
serving as assistant producer in 1985, and as producer in 1986. I had a wide variety of
in a shotgun wedding. It hit too
responsibilities, but from the cast’s perspective, the most important of those was a
close to home, since Class of 1904
well-planned and executed cast party after the Saturday night performance. We held it
member Dobie was marrying a much
up on Brown’s Mountain both years, and I remember watching the sun rise on Sunday
younger woman at the time. Dobie,
morning feeling very satisfied that we’d had a wonderful time.
who is frequently cited as a founding
My favorite memories of the show itself are of a specific performance; Mike Regier’s
member of the Libel Show tradition,
portrayal of Lillian BeVier was amazing. I think he portrayed her in both 1984 and 1985.
eventually forgave the students and
Had Michael decided to try a stage career, rather than the law, I have no doubt he
reinstated the production.
would have had success. He had the kinesthetic ability to really move the way another
Other rumors cite that students
”
person moves. Wonderful.
went too far in mocking a professor
— Rosemary Daszkiewicz ’86
who failed his entire Mortgages
class in 1925, according to a 1949
Virginia Law Weekly. The show was
so controversial, the paper reported,
“The joke we’ve had internally
that students brought in a gradu-
While the production always involved
ate to play the professor. In 1943,
about a fifth of the student body,
is that we will not let any talent go
the show was canceled for a more
that meant 15 or 20 students in its
unwasted,” Byrnett said, noting
serious reason — all members of the
early years, and 200 or more today.
that they even managed to work in a
fraternity were serving in the military
Recent shows typically feature a large
pogo-stick enthusiast last year.
during World War II.
band, musical numbers, skits, and
“We get quite an impressive swath
even elaborate video shorts, all in
of students who want to participate
feature more students than were in
the name of poking fun at the Law
in the Libel Show. In comparison to
Phi Delta Phi, and the show totally
School. Anyone who tries out gets in
other law schools’ shows, it seems that
separated from the fraternity by 1979.
the show.
ours is truly unique in how popular
By 1961, the Libel Show began to
it is,” said Libel Show co-director
Professor George Cohen leads the faculty rebuttal in 2006.
Phoebe Geer. “It’s wonderful how
excited the professors are when we
ask them to help with videos or participate in the show. Everyone seems
happy that the Libel Show is here.”
The show “encourages an activity
that isn’t specifically related to the
law, but I think it makes us better individuals coming out of the
Law School,” Byrnett said. “It’s an
example of UVA Law’s commitment
to working hard in all pursuits.”
Students invited past participants
back to enjoy this year’s production.
Several alumni shared their memories
for the book.
Class of 1965 graduate Jack Bissell,
30 | UVA Lawyer • Spring • 2008
Law
School
News
as musical director during his
who in his last year at law school
starred as former Dean Emerson
second and third years, played
Spies, recalled that the show was
alto sax and piano, and also sang
primarily a series of scripted skits and
songs like “The Law [Love] Boat”
didn’t include the musical numbers
aand the theme from “Love Story.”
and band that feature prominently
“That’s one of the wonderful
in modern productions. In his final
things about the Libel Show —
th
year of Law School the Libel Show
you see all these hidden talents
yo
spoofed the Civil War, with a group
people have,” Cushman said of his
pe
of professors of northern origin,
classmates.
cla
The students who run today’s
headed by Spies, taking on professors of southern origin, led by
Libel Show, known as “The Junta,”
Lib
Professor Neill Alford.
pour in hundreds of hours, which
pou
intensify from February until the
inte
Students playing professors
had a tradition of dressing exactly
show runs, usually in late March. “If
sho
like their subject — so Bissell grew
we were in a billable-hour setting, the
out his crew cut and had his barber
District of New Jersey, recalled shar-
show would be a very good client —
give him a flat top with a waxed front,
ing stories with two of his law clerks
we each log hundreds of hours over
and he donned Spies’ trademark
in the 1990s who had previously
the year,” Byrnett said.
houndstooth sportcoat.
directed the Libel Show.
“Prior to the show the actor paid
Alumna Rosemary Daszkiewicz ’86,
Recent shows have cost $25,000
to produce; the Libel Show usually
a visit to the office of the professor
who served as an assistant producer
makes a profit through ticket and
he was going to imitate and invited
in 1985 and a producer in 1986,
DVD sales and law firm sponsorship.
him to attend,” Bissell said. At the
fondly recalled rehearsing for the
Since the show began charging
show’s opening the professor would
1986 show in the Rotunda.
admission in 1927, however, it has
walk down the center aisle with the
“I found myself imagining the
donated its profits to a worthy Law
student. “It was good fun and the
generations of students working in
School cause. Its first donation was
spoof was always taken in stride.”
the Rotunda, planning things serious
a set of books on legal philosophy
and silly,” said Daszkiewicz, now
to the Law School library. Last year,
connects alumni across generations.
a senior director of law with Plum
the show donated its $4,000 profit to
Bissell, a retired federal judge from
Creek Timber Co. in Seattle. “It felt
the Public Interest Law Association,
the U.S. District Court for the
right to be using that space not for
a student-run organization that
something grand and ceremonial, but
funds summer fellowships for
for something without any ‘redeem-
students working in public service
ing moral value’ — something which
jobs. This year, the Libel Show also
is also an essential part of the fabric
received support from the Law School
of life of the Law School. Thomas
Foundation to help with the cost of
Jefferson would have been proud to
producing the book.
The Libel Show experience also
Law Professor Alex Johnson (right) and the
Hon. S. Bernard Goodwyn ‘86, now a justice
on the Virginia Supreme Court, in 1986.
see students in the mid-1980s still
Although the Phi Delta Phi
using that space for mischief and
fraternity is still active on over 200
mayhem.”
campuses, there is no longer a chapter
Other notable alums include
at the Law School. Be assured that
former Virginia Supreme Court
their legacy lives on through the Libel
Chief Justice George M. Cochran ’36
Show — only without the highbrow
and the Law School’s own Professor
references to ancient Greece.
Barry Cushman ’86. Cushman served
UVA Lawyer • Spring • 2008
| 31
Law
School
News
“The war’s been going on for a long time now. There are a lot of
wounded soldiers that have come back to the States. I think everyone’s
aware that we haven’t always done the best job of helping them.”
Students, Attorneys Launch Pro Bono Project
to Help Disabled Veterans
By Mary Wood
W
HETHER THEY SERVED IN
to their trainees, who split into two
World War II or Iraq, today’s
teams — one for each claimant.
veterans are at the mercy of an
The cases, one involving a Korean
“It’s all about helping one person.”
Andre is working with attorney
Greg Webb, who is leading a team of
aging U.S. Department of Veterans
War U.S. Army veteran and the other
volunteer attorneys from his firm,
Affairs health system and often have
a 1970s-era U.S. Air Force veteran,
Michie Hamlett Lowry Rasmussen
difficulty finding a lawyer to take their
are on appeal to the Court of Appeals
& Tweel, including Ron Tweel ’71,
disabilities claims through specialized
for Veterans Claims in Washington,
Elizabeth Coughter, and Garrett Smith.
courts. A coalition of law students and
D.C. Each team is led by a group of
“I saw coverage about what’s
area attorneys are working together to
attorneys, with two student “senior
happened to veterans as far as receiv-
fill that need in a new pro bono project
associates” and about 20 student
ing substandard medical treatment
sponsored by the Law School, Virginia
“junior associates” providing much
at home,” said Webb, a U.S. Army
Law Veterans, and the Charlottesville/
of the legwork. Sprigman acts as an
veteran of the 10th Mountain Division
Albemarle Bar Association.
adviser to the senior associates.
in New York. The pro bono project
“The war’s been going on for a
The strong student turnout at
“coincided with what I’ve been thinking, and I decided to get involved.”
long time now. There are a lot of
the training “spoke volumes,” said
wounded soldiers that have come
second-year Doug Andre, a senior
back to the States. I think everyone’s
associate for the case of the Air
in the U.S. Marines, called the effort
aware that we haven’t always done
Force veteran and a retired Navy
a “pilot program,” and hopes it will
the best job of helping them,” said
commander himself. “They came
eventually become a more regularized
Professor Chris Sprigman, who, along
forward because of this issue, which a
program of the Law School.
with several student veterans, helped
lot of people recognize as one worth
instigate and organize the effort.
addressing.”
Sprigman, whose brother serves
“There’s a huge backlog of disability claims in the system,” Sprigman
Andre’s team is attempting to
said. “The system moves very, very
them to the National Veterans Legal
establish that its client has a current
slowly. If a client gets a lawyer and
Services Program (NVLSP), which
medical problem with his back related
the lawyer does a good job, you can
runs a pro bono consortium of veter-
to his military service.
present the case in a way that helps
Their search for a way to help led
ans groups and lawyers providing legal
“If we can establish that his inju-
the system move a little more quickly.
services to veterans. NVLSP attorneys
ries and his disabilities were in fact
For a veteran who is disabled and
led a standing-room-only training
service-connected, then he has every
who is having a hard time getting by,
for students and local lawyers last fall
right to expect the government to
having the system move a little more
on how to handle veterans’ disability
provide him with the benefits to deal
quickly can make a huge difference in
claims. They also offered two cases
with those disabilities,” Andre said.
his or her life.”
32 | UVA Lawyer • Spring • 2008
Law
School
News
Local attorney and project team
the Social Security Administration,
Shapiro, who wants to pursue a
leader Cooper Geraty ’76, who
which maxes out at 25 percent [of
career in civil litigation, hopes to win
focuses on civil disability cases, said
past due benefits].”
her case and gain valuable experience
many of his Social Security disability
The Court of Appeals for Veterans
at the same time. Her first assignment
claims clients also were veterans.
Claims handles appeals from the
was to organize a claim fi le that was
“It seemed to me to be a real unmet
administrative Board of Veterans
more than 800 pages, stuffed with
need. These are some of my most
Affairs; the next level of appeals
medical records and correspondence,
compelling clients,” Geraty said.
would be heard by the U.S. Court of
a task that required shepherding the
Appeals for the D.C. Circuit, al-
efforts of student volunteers and
though it rarely takes veterans’ cases.
drawing from her own experience
The system is so complex that
working as a medical records clerk.
Most private attorneys have little
experience handling veterans’ cases
due to a post-Civil War-era rule
“I’m looking forward to writing
under which attorneys could charge
students working on the cases are
no more than $10 for cases before the
starting a repository of memos and
a team brief,” Shapiro said. “That’s
Veterans Administration. Now law-
briefs that will help future students
something neither my summer
yers can take such cases for veterans
navigate the world of veterans’ claims,
projects at law firms nor my law
receiving their initial denial after
said third-year and senior associate
school experience has given me yet,
June 2007 on a contingency basis,
Rebekah Shapiro. One of the reasons
and it’s clearly a skill that transfers
charging no more than 20 percent of
the system is unusual is because
post-graduation.”
past due benefits. Because the veteran
initially the opposing parties — the
Their case for the Korean War
receives 100 percent of the benefits
U.S. Department of Veterans Affairs
veteran includes claims regarding at
moving forward, the attorney’s fee
and the veteran — are working
least four medical issues and at least
could be a small percentage of the
together. Only when the parties
four legal issues. “Some of the issues
total settlement, Geraty explained.
disagree over benefits do claims turn
should come down very much in our
“It’s very similar to the system of
into appeals.
favor,” she predicted.
Doug Andre ‘09
Rebekah Shapiro ‘08
UVA Lawyer • Spring • 2008
| 33
Law
School
News
Supreme Court Clinic Celebrates First Win with Watson
By Mary Wood
T
HE LAW SCHOOL’S SUPREME
length over the preceding months,”
Court Litigation Clinic registered
said former clinic student Lisa Kinney
resonate with all of the justices.”
The clinic spent much of the brief
its first win when the Justices ruled
Helvin, now clerking for Judge Diana
distinguishing Watson from Smith
9-0 on behalf of the petitioner in
Gribbon Motz ’68 on the U.S. Court
v. United States, a case in which the
Watson v. United States in an opinion
of Appeals for the Fourth Circuit.
Court ruled that trading a gun to
released Monday.
“It’s extremely rewarding to know
get drugs was indeed “using” a gun.
that you can engage in such high-level
Justice Ruth Bader Ginsburg indi-
end of the arguments in the briefs.
legal analysis and still make a really
cated at oral argument that she was
I thought oral arguments confirmed
significant impact on a person’s life.”
interested in simply overruling Smith,
“We thought we had the better
that,” said clinic co-instructor Mark
Helvin credited the victory in part
which mildly surprised Stancil.
Stancil ’99, an attorney with Robbins,
to the efforts of the clinic instruc-
However, the overall decision
Russell, Englert, Orseck, Untereiner
tors, who continued to work on the
wasn’t a surprise, Stancil said, adding
& Sauber, in Washington, D.C.
case through the summer, as well as
“Every now and then you have a pretty
Koch’s strong oral argument.
good sense of what’s going to happen.”
In the case, Louisiana defendant
Michael Watson sought to buy a gun
“The Roberts Court hasn’t issued
Watson will be re-sentenced,
from a federal agent, who wanted
as many unanimous opinions as
but still will face a substantial term
drugs in return. Watson was busted
many had hoped or thought it might,
due to the underlying drug charges.
not only on drug trafficking charges
so it certainly isn’t lost on me that we
“We do know for sure [the decision]
but also for “using a firearm in fur-
had nine votes in our favor,” Helvin
will shave at least 11 years off his
therance of drug trafficking,” which
said. “That fact just reinforces the
[262-month] sentence,” Stancil said.
resulted in an additional 11 years
incredible insight our professors
tacked on to his sentence. Students in
had in pursuing the case and then
Indiana v. Edwards, in which Ahmad
the clinic argued that receiving a gun
framing the issue in a way that would
Edwards was ruled competent to stand
This year’s clinic is involved in
was not “using” a gun, an argument
the Fifth Circuit had previously
rejected. Students and clinic instructors Stancil, Law Professor Dan Ortiz,
Clinic instructors Dan Ortiz (seated, left), Mark Stancil ‘99, and David Goldberg (not pictured)
led last year’s clinic to a win with Watson. Back row, left to right: Josh Simmons, Khang Tran,
Matt Madden, Kristin Keranen, Chad Farrell, Jackie Gharapour, Andrew Carlon, Jamie McDonald,
and Lisa Kinney Helvin.
and New York City practitioner David
Goldberg, co-wrote the Watson cert.
and merits briefs and helped prepare
Watson’s counsel, Karl Koch of Baton
Rouge, La., for oral arguments.
The case was argued before the
Supreme Court in October. Although
the clinic students had since graduated, several attended arguments.
“I know that I’ll never forget
to oral argument, and hearing the attorney arguing the case present ideas
that we had discussed and debated at
34 | UVA Lawyer • Spring • 2008
JACK LOONEY
sitting in that courtroom, listening
Law
School
News
The View From Here:
A Note of Thanks to Dean Jeffries
By Brian Leung ’08, Outgoing SBA President
trial for charges against him in an
Indiana court, but ruled incompetent
A
LMOST THREE YEARS AGO, I came into this law school bright-eyed
and bushy-tailed. “I’m at a top ten school,” I thought to myself. Surely
to act as his own counsel. The Indiana
this means that I’m one of the best and brightest of the country. Law school
Supreme Court held the contradic-
won’t be a complete breeze, but I can handle it. A couple hours of reading,
tory rulings were unconstitutional.
some diligent note-taking, and a day or two of prep before the final exam,
Working on behalf of Edwards, the
and I’d be good to go.
clinic opposed the state’s cert. petition,
Enter Dean Jeffries. As a 1L, I was one of the lucky ones to have him for
but the Supreme Court agreed to hear
Criminal Law. You’ll have to understand that, just a couple days before the
the case. The clinic now will prepare
first day of class, we were having meetings with our Peer Advisors. They
a brief on the merits, arguing against
were joking around, telling us about how great of a place Virginia Law is,
the state’s view that a defendant can be
how the B+ curve is our savior, and how we’re just one great big happy fam-
competent to stand trial but incompe-
ily. For the most part, they were spot on, but that made me pretty confident
tent to exercise his constitutional right
walking into class. Perhaps unnecessarily confident.
to self-representation. The case will be
argued in March.
Over the next few days, weeks, and months, Dean Jeffries transformed
everything I thought I knew about the law. His at-times-ruthless Socratic
The clinic also successfully
cold-calling sent me into a spiraling panic, leaving me reading each case the
opposed cert. in a case involving a
weekend before, the night before, and the morning of class just to be sure I
due process challenge in the firing
knew that case like the back of my hand.
of a municipal employee in City of
By the end of the semester, Dean Jeffries had taken that bright-eyed
Newport News v. Sciolino. The city’s
and over-confident 1L and turned him into a more refined (I use that term
police chief had asked the Fourth
loosely) law student. I think back to that semester and I can’t help but feel
Circuit to clarify whether a proba-
appreciative that I was fortunate enough to have Dean Jeffries as a professor.
tionary employee was “entitled to a
They say that law school teaches you how to think like a lawyer. I say it was
name-clearing hearing when they
Dean Jeffries who taught me how to think like a lawyer.
place a record of adverse personnel
Outside of the classroom, I’ve also had the opportunity to work with
action in [the employee’s] fi le,”
him in my role as president of the Student Bar Association. Passionate is
Stancil said. “The question was
the word that best describes him. Dean Jeffries is passionate about the
whether the action had to actually be
school and is constantly looking out for its best interests, both in the short
published to other people or whether
term and in the long run. He is passionate about student organizations and
it was likely to be published to other
helping groups with brainstorming, finances, and events. And he is passion-
people in order to be sufficient to
ate about individual students – he wants each and every one of us to succeed
require a hearing.”
both academically and personally.
Getting the case rejected from a
No 500-word article could really do Dean Jeffries the justice he deserves.
Supreme Court audience, and thus af-
For students, he has grown to be a bit of an icon. It goes without saying that
firming the employee’s position, “was a
he will be missed terribly.
great result for the client,” Stancil said.
Of the more than 7,000 cert
Thank you, Dean Jeffries. Thank you for whipping me into academic
shape 1L year. Thank you for all the guidance you’ve given me and the SBA
petitions seeking hearings each term,
this past year. Thank you for standing up for students and fighting to make
the Supreme Court agrees to review
our three years here downright enjoyable. Thank you for everything it is
and issue decisions on 100 or fewer
that you do for Virginia Law.
cases.
UVA Lawyer • Spring • 2008
| 35
Faculty
Briefs
Faculty News & Briefs
In March, the
which cases to settle, fight, or appeal.
School of Law in Bristol, R.I., and
Harvard
The very idea behind insurance —
also at the J.B. Moore International
University Press
that spreading losses among large
Law Society at the Law School in
published Ken
numbers of policyholders is desirable
November.
Abraham’s
— came to influence the ideology
In March, Bagley presented
book, The
of tort law. To serve the aim of loss
“Challenges Facing Entrepreneurs
Liability
spreading, liability had to expand.
in Licensing and Enforcing Patents”
Century;
Today the tort liability and insur-
at the Intellectual Property and
Insurance and Tort Law from the
ance systems constantly interact, and
Entrepreneurship Symposium held at
Progressive Era to 9/11.
to reform one, the role of the other
the University of California-Berkeley
must be fully understood.
Center for Law and Technology; and
In the book, Abraham explores
the development and interdepen-
“Patents, Stem Cells and Morality:
dency of the tort liability regime and
Issues in the U.S. and Beyond” at
the insurance system in the United
Margo Bagley
the Symposium on Embryonic Stem
States during the twentieth century
has published
Cells, Clones, and Genes: Science,
and beyond, including the events of
“Patents and
Law, Politics, and Values at Hofstra
September 11, 2001.
Technology
University School of Law.
Abraham’s book claims that from
Commercializa-
its beginning late in the nineteenth
tion: Issues and
century, the availability of liability
Opportunities,”
Michal Barzuza
insurance led to the creation of new
a book chapter
will be
forms of liability, heavily influenced
in volume 18, Advances In The Study
presenting her
expansion of the liabilities that
Of Entrepreneurship, Innovation and
paper “Signaling
already existed, and continually
Economic Growth (Gary Libecap, ed.,
a Lemon: the
promoted increases in the amount of
Elsevier Science and Technology
Decision not to
money that was awarded in tort suits.
Books 2007).
Cross-List and
A “liability-and-insurance spiral”
In March 2007, she was a panel-
High Private
emerged, in which the availability of
ist at the Kauffman Workshop on
Benefits of Control” at the annual
liability insurance encouraged the
Graduate Education in Technology
conference of the American Law and
imposition of more liability, and,
Commercialization and the Georgia
Economics Association in May at
in turn, the imposition of liability
Institute of Technology in Atlanta.
Columbia Law School. She presented
encouraged the further spread of
Last July, Bagley taught in the George
the same paper at the last annual
insurance.
Washington University Munich
conference of the American Law and
Summer Intellectual Property
Economics Association in May 2007 at
a source of funding for ever-greater
Program at the Max Planck Institute
Harvard. Her paper, “Delaware’s
amounts of tort liability — liability
in Munich, Germany.
Compensation,” will be published in
Liability insurance was not merely
insurers came to dominate tort litiga-
In October, she presented “A
tion. They defended lawsuits against
Global Controversy: Issues in
their policyholders, and they decided
Patenting Life” at the Roger Williams
the Virginia Law Review in May.
UVA Lawyer • Spring • 2008
| 37
Service at the University of Virginia.
Lillian BeVier
services. The Commission issued
participated in a
a preliminary report, outlining a
symposium at
blueprint for reform, responding to
co-authors John Jeffries ’73 and Peter
Pepperdine
the mental health recommendations
Low ’63 The Trial of John W. Hinckley,
University
by the Governor’s Virginia Tech
Jr.: A Case Study in the Insanity
School of Law
Review Panel, and including specific
Defense, Third Edition (Foundation
on April 4
proposals for consideration by the
Press, 2008) (previous editions, 2000
entitled “Free
Bonnie has also published with
Virginia General Assembly in 2008.
and 1986); and (with Wright, S.)
Speech and Press in the Modern Age”
Bonnie made 14 public presenta-
“Legal Authority to Preserve Organs
which asks the question whether 20th
tions to various Virginia audiences
in Cases of Uncontrolled Cardiac
century theory bears the weight of
regarding the Commission’s work.
Death: Preserving Family Choice,”
21st century demands. In addition,
His audiences included the Senate
Journal of Law, Medicine and Ethics
BeVier continues her service on the
of Virginia, the Associated Press,
(in press, 2008).
board of directors of the Legal
members of the Virginia Bar at the
Services Corporation.
Virginia Bar Association Annual
Meeting in Williamsburg, and the
Tomiko
Psychiatric Society of Virginia. He
Brown-Nagin
In October,
also presented a paper at a confer-
published
Richard Bonnie
ence at Columbia University entitled
“Missouri v.
’69 received the
“Troubled Students and the Law in
Jenkins: Why
Thomas Jefferson
Distress” on April 4.
District Courts
Award during
In October, Bonnie testified on
and Local
UVA’s Fall
tobacco regulation before the U.S.
Convocation.
House of Representatives Committee
in Civil Rights Stories, Foundation
Bonnie was the
on Energy and Commerce’s
Press.
Politics Matter,”
54th winner of the award, the
Subcommittee on Health and the
University’s highest honor, which has
Environment. He was testifying
on a panel at the Annual Conference
been given annually since 1955 to a
on behalf of the National Academy
of the American Society for Legal
member of the University community
of Sciences Institute of Medicine
History in Tempe, Ariz., discussing
who exemplifies in character, work,
regarding the recently released study
“Friends of the Court: History Meets
and influence the principles and
that he chaired. The IOM report
Law.” She also gave a workshop
ideals of Jefferson, and thus advances
was entitled Ending the Tobacco
presentation on “Pragmatic Civil
the objectives for which he founded
Problem: Blueprint for the Nation. He
Rights” at Harvard Law School’s
the University.
also gave the keynote address at the
Legal History Colloquium, and was
In October, Brown-Nagin was
In November, Bonnie was
Triennial Conference on Tobacco
on a Law School panel discussing
honored as one of the “Leaders in
Policy in Seattle, sponsored by the
“Marching Toward Justice: Legal
the Law, 2007” by Virginia Lawyer’s
National Association of Attorneys
Aid and the Civil Rights Movement,
Weekly.
General under the Master Settlement
1967–2007.”
Much of Bonnie’s energy in the
Agreement, and presented “Gun
In January, she was on a panel
past six months was devoted to his
Control and Mental Illness” at the
called “New Voices in Legal History”
work as chair of the Commission
annual meeting of the American
for the Section on Legal History at the
on Mental Health Law Reform,
Academy of Psychiatry and the Law,
AALS Annual Meeting in New York,
established by the Supreme Court
Miami Beach.
and she moderated a panel on “De
of Virginia in the fall of 2006 to
In February, Bonnie delivered
Facto Segregation: Regional Fallacies,
conduct a comprehensive study of
the keynote presentation in
Racial Myths, Historical Practices” at
Virginia’s mental health legislation
Charlottesville at UVA’s All-
the American Historical Association’s
and the accessibility of mental health
University Retreat, Fostering Public
Annual Meeting in Washington,
38 | UVA Lawyer • Spring • 2008
Faculty
Briefs
D.C. In February, Brown-Nagin gave
In April 2007,
admission practices under federal
the keynote address at Longwood
Kim Forde-
constitutional law. Forde-Mazrui also
University commemorating African
Mazrui
completed a two-year stint on LSAC’s
American History Month.
delivered a
Test Development and Research
Committee.
In March, she presented “Legal
lecture at
Dead Ends and the Case for the Civil
Virginia
Rights Act of 1964” in a workshop at
Polytechnic
gave a presentation entitled “Ruling
Institute and
Out the Rule of Law: Delegating
the University of Pennsylvania School
Also in September, Forde-Mazrui
of Law; and “The Marriage of Civil
State University. The talk, “Post-
Standardless Discretion Through
Rights Lawyers and Demonstrators,
Michigan, Now What? The Future of
Specific Rules” on a panel at the
1961–1964,” in a workshop at the
Diversity-Focused Outreach in
Northeast People of Color Legal
American University School of Law.
Higher Education,” explored how the
Scholarship Conference at Southern
Supreme Court’s 2003 decisions in
New England School of Law, in North
on a panel at the “Citizenship”
Gratz v. Bollinger and Grutter v.
Dartmouth, Mass. The talk was based
session at the AALS Conference on
Bollinger will likely affect diversity at
on an article Forde-Mazrui published
Constitutional Law in Cleveland and
Virginia Tech and other public
in October.
as a commentator on Risa Goluboff’s
universities. Forde-Mazrui traced the
In November, Forde-Mazrui
The Lost Promise of Civil Rights at a
history of Equal Protection Doctrine
debated Brigham Young University
“Meet the Author” Roundtable at the
as it pertains to race, culminating in
Law Professor Lynn Wardle at the
Law and Society Association Annual
an analysis of the legality of
Law School on the risks of same-
Meeting in Montreal.
affirmative action today.
sex marriage and adoption by gay
In June, Brown-Nagin will serve
Also in April 2007, Forde-Mazrui
parents. Forde-Mazrui argued,
participated on a panel entitled,
among other points, that the pur-
George Cohen
“Civil Rights: Where Do We Go
ported risks of same-sex marriage for
is on leave this
From Here?” The panel was part
children are statistically less common
semester to
of a symposium hosted by UVA’s
and no more substantiated than the
work as a
Carter G. Woodson Institute for
risks to children from many marital
consultant to
African-American and African
arrangements that are legal, such as
the legal
Studies entitled, “Celebrating the
marriages by veterans, police officers,
department of
Legacy, Scholarship and Future of the
and people who live in “red” bible-
Ellington
Woodson Institute,” to commemorate
belt states.
In February, Forde-Mazrui pre-
Management Group, a hedge fund in
the Institute’s 25th anniversary. In
Old Greenwich, Conn.
his remarks, Forde-Mazrui discussed
sented on a panel at the University of
legal and political challenges in the
Michigan Law School during a con-
panel discussion at the American
contemporary quest for substantive
ference entitled “From Proposition
Enterprise Institute discussing the
racial equality and explored a range
209 to Proposal 2: Examining the
Vioxx settlement. He is visiting the
of potential strategies for future civil
Effects of Anti-Affirmative Action
University of Pittsburgh in April
rights advocates.
Voter Initiatives.” Forde-Mazrui’s re-
Cohen participated in a January
as the inaugural Edgar M. Snyder
In September, Forde-Mazrui gave
marks, entitled “Alternative Action,”
Distinguished Visiting Scholar, which
a presentation on affirmative action at
examined various arguments for and
brings distinguished scholars in the
the annual “Newcomers” conference
against the pursuit of affirmative
field of legal ethics to the school for
hosted by the Law School Admission
action through race-neutral means
two days. Cohen will be discussing
Council (LSAC) in Philadelphia.
under both federal constitutional law
the Vioxx case as well as his work
The talk educated the audience of
and Michigan’s recent amendment to
on side agreements, which was the
new admissions officers from law
the state constitution banning racial
subject of his chair lecture last year.
schools across the country on the
preferences in the public sector.
legal challenges facing race-conscious
UVA Lawyer • Spring • 2008
| 39
Faculty
Briefs
In March,
Innocence” was published in the
Mythology in Papachristou v. City of
Brandon
Columbia Law Review. In February,
Jacksonville” in a symposium called
Garrett testified
Garrett submitted a report co-au-
“Law’s History: How Law Under-
before U.S.
thored with Neufeld to the same NAS
stands the Past” at the University of
House of
committee, titled “The Incidence
Alabama (October 2007); and “The
Representatives
of Improper Forensic Science
Lost Promise of Civil Rights” at the
Subcommittee
Testimony in the Criminal Trials
Legal History Colloquium, University
on Commercial
of the Innocent.” In March, Garrett
of Minnesota Law School (October
and Administrative Law, saying that
presented an essay, “Corporate
2007). Goluboff chaired the program
courts and prosecutors need more
Confessions,” (forthcoming in the
committee at the American Society
guidance on how to regulate agree-
Cardozo Law Review) at Cardozo
for Legal History 2007 Annual
ments allowing the use of private
Law School’s symposium, “The
Meeting.
attorneys to monitor corporate fraud
Future of Self-Incrimination: Fifth
settlements. Garrett became an
Amendment, Confessions, & Guilty
to a number of public audiences and
expert on the issue after investigating
Pleas.”
appeared on radio shows across the
Goluboff also presented her book
deferred prosecution agreements for
country (even Irish National Radio).
an article that was published in the
She discussed with a variety of media
current issue of the Virginia Law
Risa Goluboff
outlets not only her book but also
Review (and In Brief, the journal’s
published Civil
Martin Luther King, Jr., and the issue
online magazine). He and the Law
Rights Stories
of race in the presidential election.
School’s library staff conducted an
(co-edited with
Goluboff’s book has received favor-
exhaustive search to fi nd information
Myriam Gilles,
able reviews in the American Lawyer,
on the more than 70 agreements
Foundation
Choice, the Law & Politics Book
made since the U.S. Department of
Press, 2008),
Review, and Democracy: A Journal of
Justice endorsed the practice in 2003
and in that
Ideas.
as an avenue for prosecuting corpo-
volume wrote: “Brown v. Board of
rate crime, not long after the Enron
Education and The Lost Promise of
scandal brought the need for in-
Civil Rights.” She also gave a number
Rachel Harmon
creased government monitoring to
of presentations in the fall and
wrote an article
light. (See full story at www.law.
winter: “New Voices in Legal History”
entitled “A
virginia.edu/html/news/2008_spr/
at the American Association of Law
Justification
garrett.htm.)
Schools 2008 Annual Meeting; “An
Theory of Police
Interdisciplinary and Intergenera-
Violence”
presentation titled “Improper use
tional Conversation about
published this
of Forensic Science in the First 200
Constitutional History” at the
Post-Conviction DNA Exonerations”
American Political Science Associa-
to the National Academy of Science
tion 2007 Annual Meeting; “The Lost
Committee on Identifying the Needs
Promise of Civil Rights” at the Race
of the Forensic Sciences Community,
and Class in Metropolitan America
John Harrison
with Peter J. Neufeld, co-director
Colloquium at the University of
is serving as
of The Innocence Project. He also
California, Santa Barbara (November
Counselor on
presented a paper titled “Claiming
2007); “The Lost Promise of Civil
International
Innocence,” forthcoming in the
Rights” on a panel to commemorate
Law for the
2008 Minnesota Law Review, at the
the 50th Anniversary of Little Rock
Legal Adviser at
University of Georgia School of Law
incident at the University of Rich-
the State
and at the Law School in August.
mond (November 2007); “Of
Department,
In September, Garrett gave a
In January, his article “Judging
40 | UVA Lawyer • Spring • 2008
Vagrants and Wanderers: History and
spring in
Northwestern University Law Review.
replacing Paul Stephan ’77.
Faculty
Briefs
In Warsaw, a team of scholars and
jurists at work on a revision of
Poland’s Constitution has invited
A.E. Dick Howard ’61 to be their
outside expert. They especially want
his input on defining and enforcing
rights and on the shape of Poland’s
judiciary, drawing upon comparative
insights from constitutionalism in the
United States and Europe. In working
with the Polish revisors, Howard will
also build upon the work he did with
constitution makers in Central and
Eastern Europe after the collapse of
communism in 1989.
This winter, Howard completed
and submitted an article, “The Road
from Monticello: The Influence of the
Howard Named Among Greatest
20th-Century Virginians
American Constitutional Experience
in Other Lands.” This paper will
A RICHMOND TIMES-DISPATCH AND LIBRARY OF VIRGINIA SURVEY has listed
be published with others that were
University of Virginia Law Professor A. E. Dick Howard among the greatest and most
presented at a spring 2007 confer-
influential Virginians of the 20th century.
ence, “The Call for a New World
The newspaper’s editorial staff sent a questionnaire across the nation to historians
Order: Thomas Jefferson’s Separation
and prominent citizens who study Virginia and its people. A committee then examined
of Church and State,” sponsored
the results and further winnowed down selections.
by Monticello, the University of
Howard was singled out for authoring Virginia’s current constitution and “is
Virginia, and Colonial Williamsburg
recognized as one of the nation’s premier constitutional lawyers and scholars,” wrote
at the Archbishop’s Palace in Prague.
Brent Tarter, a historian and editor with the Library of Virginia.
In recent months, Howard has
“A legendary professor in Charlottesville, Howard has also spent much time advising
given several lectures. At the Supreme
emerging democracies around the globe about how to write their own constitutions.
Court, he lectured on “Justice Souter
These countries include Brazil, Hong Kong, the Philippines, Hungary, Czechoslovakia,
and the Supreme Court” to newly
Poland, Romania, Russia, Albania, Malawi, and South Africa. The structure of democracy
elected Rhodes Scholars and other
was invented by Orange County’s James Madison, and it is fitting that neighboring
guests at a session sponsored by the
Albemarle’s Howard continues the tradition,” he wrote.
Association of American Rhodes
The committee named civil rights attorney Oliver W. Hill Sr. as “the greatest” Virginian
Scholars. In that lecture, Howard
of the 20th century, while former U.S. senator and Virginia governor Harry F. Byrd Sr. was
emphasized the influence of David
deemed “most influential.”
Souter’s study of jurisprudence at
Oxford, especially English legal
history, on his opinions as a justice.
In North Carolina, Howard gave
Other honored Virginians include President Woodrow Wilson; Gen. George C. Marshall,
author of the Marshall Plan; country music’s the Carter Family; Lewis F. Powell, the only
Virginian to serve on the Supreme Court of the United States since the 1850s; News
Leader editorial cartoonist Jeff MacNelly; Walter Reed, the physician who discovered that
the inaugural Sandra Day O’Connor
mosquitoes were responsible for spreading yellow fever; author Tom Wolfe; and Frank
Lecture at Elon University. His sub-
Robert Rowlett, founder of the army’s signal intelligence service and former chief of the
ject was “The Changing Face of the
National Security Agency’s cryptology school.
Supreme Court.” Elon University has
a new law school, dedicated by Justice
O’Connor, and Howard’s lecture was
UVA Lawyer • Spring • 2008
| 41
Faculty
Briefs
the first in what will be an annual
the Virginia Company Charter of
Appellants and Reversal of the
series of lectures in her honor. In his
1606), and the revolutionary era
District Court’s Decision in Yousef et
lecture, Howard traced the Supreme
in eighteenth-century America, to
al v. Samantar. The case is now on
Court from the liberal activist days
the founding period of American
appeal to the Fourth Circuit Court of
of the Warren Court to the more
constitutionalism.
Appeals.
conservative bent of the Rehnquist
and Roberts Courts.
Also in Washington, Howard pre-
She also wrote with Stephen
sented a paper, “To Begin the World
Smith ’92 and pro bono students,
Anew,” at the Literary Society. Taking
solicited amici, and fi led a Brief of
of the Council for America’s First
his theme from Thomas Paine’s
Amici Curiae International Law,
Freedom, Howard lectured on “The
Common Sense, Howard considered
Criminal Law, Constitutional Law,
Supreme Court and the Serpentine
the inspiration that American ideas,
and Immigration Law Professors
Wall.” In this lecture, he considered
especially in the periods of revolu-
in support of Petitioner, Dalegrand
the legacy of Thomas Jefferson’s
tion and of the making of the state
v. Mukasey. The case is now on
Statute for Religious Freedom, its
and federal constitutions, had on
Appeal to the Third Circuit Court of
influence on the Supreme Court’s
constitutional debates in places such
Appeals.
Establishment Clause jurisprudence,
as revolutionary France.
In Richmond, under the auspices
and the drift in recent Supreme
Howard also gave the Hugo
Hurwitz also spoke to the Thomas
Jefferson Memorial Universalist
Court cases away from a strict wall
L. Black lecture at the University
Unitarian Church in Charlottesville
of separation toward a more relaxed
of Alabama. Having clerked for
on “Reading Between the Headlines:
view of the relations between religion
Justice Black, Howard was especially
Global Impacts of U.S. Policy in the
and government.
honored to be asked to give a lecture
War on Terror.” In February, Hurwitz
named for him. In the lecture, “The
presented a work in progress, “Politics
the auspices of James Madison’s
Struggle for the Supreme Court,”
of Atrocity, What’s Law Got To Do
Montpelier, Howard lectured on
Howard recreated a sense of what
With It? Lessons from the Sabra
“How Constitutional Ideas Travel.”
the Supreme Court was like when
and Shatila Case in Belgium,” to the
In this lecture, Howard examined
he clerked in the days of the Warren
Junior International Law Scholars
the manner in which Madison drew
Court. He then recounted conserva-
Conference at New York Law School.
upon ideas from the Old World
tive efforts — especially in the
In March, Hurwitz’s Human Rights
in shaping his proposals for an
administrations of Presidents Nixon,
Program organized a major confer-
American Constitution and then, in
Reagan, and the two Bushes — to
ence on “Justice and Legal Reform in
turn, the ways in which peoples in
overturn much of the work of the
China” at the Law School.
other countries have drawn upon the
Warren Court and what the results of
American constitutional experience
those efforts have been.
Also in Richmond, under
Also in March, the Law School’s
International Human Rights Clinic
participated in a hearing before the
in drafting their constitutions.
Inter-American Commission on
At the National Archives in
Washington, Howard was the keynote
This fall, Deena
Human Rights examining the right
speaker at ceremonies marking
Hurwitz,
to education for Afro-descendant
the return of Magna Carta to the
Human Rights
and indigenous communities in
Archives. A generous donor, David
Program
Washington, D.C. Hurwitz, who
Rubenstein, purchased the copy of
Director, wrote
teaches the clinic, testified before the
Magna Carta now on display at the
with
Commission on a report assembled
Archives — the only copy of the
International
by the Robert F. Kennedy Memorial
Human Rights
Center for Human Rights in co-
Charter not in England. Howard
traced Magna Carta and its principles
Clinic students, solicited amici, and
ordination with the Virginia Law
through the upheavals of seventeen-
fi led a Brief of United States Member
clinic and the Cornell School of Law’s
century England, the colonial
of Congress and Law Professors as
International Human Rights Clinic.
charters in America (especially
Amici Curiae In Support of Plaintiffs-
The 132-page report, which focused
42 | UVA Lawyer • Spring • 2008
Faculty
Briefs
on the rights to education and
Order of the Coif. He also partici-
Doug Leslie
non-discrimination in Guatemala,
pated in the investiture of S. Bernard
released a
Colombia, and the Dominican
Goodwyn ’86 to the Virginia
contracts study
Republic, was the culmination of
Supreme Court. Finally, in April,
aid on his
three semesters of work by 14 Virginia
he debated Professor Rick Sander
website, www.
law students.
(U.C.L.A. Law) on the efficacy of
MasteringCon-
affirmative action in legal education
tracts.com. The
at the Annual National Conference of
Lexis
Bar Examiners in Portland, Ore.
study aid is
full-featured, and offers a replacement for several stand-alone com-
Publishing
mercial study aids. Mastering
published the
In January,
Contracts is free to students and
of Alex
Mike Klarman
represents a substantial cost savings
Johnson’s
gave a talk at
to students who wish to use a study
“Understanding
UVA’s Miller
aid during the semester or in
Modern Real
Second Edition
Center for
examination preparation. Leslie is
Estate” in fall 2007. In addition, his
Public Affairs
solely responsible for the study aid’s
article, “An Economic Analysis of the
on his book
content and attests to its quality. In
Unfinished
the fall semester, the study aid had
Duty to Disclose Information:
Lessons Learned from the Caveat
Business: Racial Equality in American
over 3000 registered users. Leslie
Emptor Doctrine,” will be published
History, and in February he gave a
hopes that number will grow through
in Volume 44 of the San Diego Law
kickoff talk on Unfinished Business at
word-of-mouth.
Review.
the Law School for Black History
His essay, “Brown’s Ambiguous
Month. Also in February, he appeared
Legacy,” in Law Touches the Hearts of
on “Virginia Insight” with Tom
In fall 2007,
Children: A Generation Remembers
Graham, WMRA (National Public
M. Elizabeth
Brown v. Board of Education, edited
Radio affi liate in Harrisonburg) and
Magill ’95
by Richard Bonnie and Mildred
at the Philadelphia Free Public
presented a
Robinson, is forthcoming from
Library to discuss Unfinished
paper at a
Vanderbilt University Press.
Business.
conference at
Johnson gave two faculty
In March, Klarman appeared
Vanderbilt Law
workshop presentations in the fall.
on a panel on civil rights books at
The first was at the University
the Virginia Festival of the Book to
“Historical Foundations of the
of San Diego Law School where
discuss Unfinished Business; and gave
Administrative State,” which
he presented a paper entitled “A
a talk on “Civil Liberties During
described the “public interest” era in
Systematic Analysis of Affirmative
Wartime” at the Judicial Conference
American public law, the 1960s and
Action in American Law Schools,
of the U.S. Court of Appeals for the
1970s. She presented a revised version
A Reply in Favor of Context.” At
Armed Forces. In April, Klarman
of the paper at Chicago Kent Law
Arizona State University School of
conducted a faculty workshop at the
School in April. The conference is the
Law he presented a paper entitled,
University of Oklahoma School of
first in a series of three conferences
“Knots in the Pipeline for Students of
Law on his “backlash” book project,
that will be held at Vanderbilt, then
Color: The LSAT is Not the Problem
which considers the political backlash
Virginia Law, then Boalt Hall at
and Affirmative Action is Not the
generated by certain prominent
Berkeley. Each conference will be
Answer.”
Supreme Court rulings.
about a different aspect of
Johnson completed the second
year of a three year term as President
of the Executive Committee of the
School entitled
administrative law and governance.
In late 2007, Magill published an
article about Presidential signing
UVA Lawyer • Spring • 2008
| 43
Faculty
Briefs
Nelson Wins All-University
Teaching Award
state-
ments, “The First Word,” in the
William and Mary Bill of Rights
Journal. It is a revised version of a
CALEB NELSON HAS WON THE 2008 ALL-UNIVERSITY TEACHING AWARD.
paper she gave at a conference in early
The award honors excellence in teaching and scholarship. “As there could be no
2007. Magill also authored a book
more deserving candidate than Caleb,” said Dean John Jeffries, “the award should
review that will soon be published in
come as no surprise. Still, it is good to see excellence honored and dedication
the Michigan Law Review. The piece
appreciated from across the University.”
reviews Professor Steven Croley’s
“I am absolutely thrilled by this award,” Nelson said. “I know, though, that literally
book, Regulation and Public Interest:
dozens of my colleagues deserve it as much as or more than I do. One of the many
The Possibility of Good Regulatory
wonderful things about Virginia, and one of the things that sets us apart from many
Government.
other leading law schools, is that the entire faculty takes teaching very seriously; we
recognize the centrality of teaching to what we do, and we all work hard at it.”
Nelson, who joined the law faculty in 1998, teaches federal jurisdiction, civil
Starting in July 2007, Magill
served as chair of the Law School
Dean Search Committee. President
procedure, constitutional law, and statutory interpretation. In 2000, his article on
Casteen announced in February that
federal preemption of state law won the Scholarly Papers Competition of the
he had appointed Paul Mahoney
Association of American Law Schools. In 2006, he received the Paul M. Bator Award
Dean of the Law School, effective
from the national Federalist Society.
July 1.
“Caleb Nelson is the ideal of the teacher-scholar,” said Jeffries. “It is his
In late May, Magill will teach
combination of extraordinary classroom performance, coupled with exceptional
a short course on American
intellectual sophistication and depth, that I find amazing.”
Constitutional Law in Germany.
Nelson’s Federal Courts course is an “unofficial rite of passage at the Law School,”
said former student Dan Bress ’05.
“There could not be a more fitting recipient for this award,” said Bress, who
Greg Mitchell
clerked for the Supreme Court last term. “Professor Nelson is a person of tremendous
presented talks
intellect and extraordinary generosity, and I feel so very grateful to have had the
at St. Louis
opportunity to learn from him. This award is really the perfect tribute to his incredible
University and
dedication to the Law School.”
in the
Previous law faculty recipients of the All-University Teaching Award, which has
Distinguished
been offered since 1990, are J. H. (Rip) Verkerke, John C. Harrison, Barry Cushman,
Speaker Series
Kenneth S. Abraham, Anne M. Coughlin, Paul G. Mahoney, Michael J. Klarman, and
at McGeorge
Pamela S. Karlan.
School of Law. Mitchell took part in
the Law and Psychology Roundtable
at Washington University in St. Louis.
Two papers co-authored by
Mitchell were published this spring.
Adam Hirsch of Florida State
University and Mitchell published
“Law and Proximity” in the
University of Illinois Law Review. This
article examines the legal implications of psychological reactions
to near miss experiences, such as
occur in many bargaining and tort
situations. Philip Tetlock of the
University of California, Berkeley,
and Mitchell published “Calibrating
Faculty
Briefs
Prejudice in Milliseconds “ in the
Hon. Stewart Baker, Prof. Hays Parks,
the Loyola University Chicago School
Social Psychology Quarterly. This
and Prof. Robert Chesney (forthcom-
of Law. O’Connell is also writing
essay discusses recent research on
ing 2009).
a book entitled A Balanced Recipe
unconscious sources of prejudice
For Tort Reform (with co-author,
and argues that before we deem
Christopher Robinette), Carolina
unconscious prejudice an inevitable
In September,
Academic Press; a book entitled
source of individual-level disparate
Jeffrey
Lawyers, Leaders & Litigants (with
treatment that requires structural
O’Connell
co-author, Thomas E. O’Connell),
solutions such as quotas, research-
lectured on
Carolina Academic Press; an article
ers need to explore the efficacy of
“Medical
entitled “An Empirical Assessment
institutional norms and accountabil-
Malpractice
of Early Offer Reform for Medical
ity systems in checking unconscious
Law and Its
Malpractice” (with co-authors, Joni
Possible
Hersch and Kip Viscusi), forthcom-
forms of bias.
John Norton
Moore reports
Reform” in the UVA Medical School
ing in the Journal of Legal Studies; and
“Core Competency” lecture series
an article entitled “Churchill and the
aimed at the school’s residents.
Jews,” (with co-authors, Rita Simon
In December, Lexington Books
and Thomas E. O’Connell).
that the 32nd
published a book by O’Connell and
annual
his brother, Thomas E. O’Connell,
conference
President Emeritus, Berkshire (Mass)
Dotan Oliar
co-sponsored by
Community College, Friendships
will present his
the Center for
Across Ages: Johnson and Boswell;
paper
Oceans Law &
Holmes and Laski.
“Intellectual
Policy was a great success. The
In January, O’Connell published
Property Norms
conference, entitled “Freedom of Seas,
with a co-author, Tim Hagen, Ph.
in Stand-Up
Passage Rights, and the 1982 Law of
D., “With a Poster Case Like the
Comedy,”
the Sea Convention,” took place in
Trial Bar’s, Who Needs Enemies?”
Singapore in January and featured an
in the Drake Law Review. In March,
with Chris Sprigman, at the “IP
opening address by Deputy Prime
he lectured at a “Crimtorts” sympo-
Without IP Law” conference in
Minister S. Jayakumar. The many
sium at the Widener Law School in
Cambridge, Mass.; and at the Annual
excellent papers given at the
Harrisburg, Penn., on “The Large
Conference of the America Law and
conference will be published this year
Cost Savings and Other Advantages
Economics Association at Columbia
by the Center in a volume of the same
of a ‘Crimtorts’ Approach to Medical
Law School, both in May.
title through Martinus Nijhoff Press.
Malpractice Claims,” which paper
In March, Moore delivered a
co-authored
will be published in the Widener Law
major presentation to the Council
Review. O’Connell also lectured at
In late October,
on Foreign Affairs on the impor-
the Law & Economics Program at
Robert O’Neil
tance of moving the Law of the Sea
Vanderbilt Law School on product
shared with
Convention forward in the Senate.
liability reform. His talk was the
New York Times
subject of a paper he co-authored
columnist
putting together a book on terrorism
with Patricia Born, Ph.D., that will be
Anthony Lewis
entitled Legal Issues in the Struggle
published in the Columbia Business
a two-day
Against Terror. Chapter contributors
Law Review.
Moore and Bob Turner ’81 are
include Maj. Gen. Charles Dunlap,
In May, O’Connell will present “A
program at the
University of Nebraska-Lincoln,
Prof. Fred Hitz, Dean Elizabeth
Neo-No Fault Approach to Medical
where O’Neil was this year’s Seacrist
Rindskopf Parker, Col. David
Malpractice Claims” at the Beazley
Lecturer (in both law and journalism).
Graham, Maj. Gen. John Altenburg,
Institute for Health Law & Policy at
In October, the Thomas Jefferson
UVA Lawyer • Spring • 2008
| 45
Faculty
Briefs
Center convened the first conference
Dan Ortiz was
Thirteenth Amendment” will appear
of directors of First Amendment
nominated to be
in a volume entitled The Promise of
Center, supported by the Scripps-
chair-elect of
Liberty, Columbia University Press. It
Howard Foundation and the Freedom
the Law School
concerns the scope of congressional
Forum First Amendment Center.
Admissions
power to eliminate the consequences
Council. He has
of slavery, known as its “badges
also written
and incidents.” The phrase itself,
three articles,
however, was commonly used for a
At the AALS Annual Meeting in
January, O’Neil gave the luncheon
speech to the Section on Law and
Socio-Economics. In February, the
one of which has been published and
different purpose by writers such as
Harvard University Press published
the other two of which are
Adam Smith. They used it to denote
O’Neil’s book, Academic Freedom in
forthcoming: “Democratic Norms,
political domination, as Great Britain
the Wired World: Political Extremism,
Structures, and Conflict, in
dominated the American colonies.
Corporate Power and the University.
International Election Principles”
In March, the Woodrow Wilson
(ABA Press, forthcoming 2008);
and the Thirteenth Amendment”
International Center for Scholars
“Constitutional Meaning, in
will appear in the Virginia Law
sponsored a book discussion in
Thinking of Reading” (forthcoming
Review and concerns the scope of
Washington, D.C. O’Neil also spoke
2008); and “The Difference Two
federal power under the amendment
in Washington at the second Hillel
Justices Make: FEC v. Wisconsin Right
to regulate private activity. Unlike
Summit on the University and
to Life, Inc. II and the Destabilization
the Fourteenth Amendment, the
the Jewish Community entitled
of Campaign Finance Regulation” (1
Thirteenth Amendment is not limited
“Imagining a More Civil Society.” In
Alb. Gov. L. Rev. 141 (2008).
to “state action” but prohibits all
A final article on “State Action
April, he moderated two programs
forms of slavery, whether created by
at the National Conference on
the government or by private means.
Trusteeship of the Association of
George
In the course of working on this
Governing Boards, and was also the
Rutherglen has
article, Rutherglen discovered several
speaker at the annual Rotunda dinner
finished a series
discrepancies in the text of The Civil
of the University’s Jefferson Society.
of articles on
Rights Cases from 1883, a leading
the Thirteenth
decision of the Supreme Court on
Dialogues program, of which O’Neil
Amendment
the Thirteenth Amendment. It turns
has been the director from the outset,
and on related
out that comparison of the official
has been approved and funded by the
civil rights
version of this opinion with the draft
The Ford Foundation’s Difficult
Foundation’s Trustees for an addi-
legislation. An essay on the Civil
prepared by Justice Bradley shows
tional two years, through 2010. O’Neill
Rights Act of 1866 appears in the
that at least one major error crept
is currently serving as one of three co-
volume, Civil Rights Stories, under the
into the published text, confusing
editors of the Free Speech Compendium
title “Civil Rights in Private Schools:
the Thirteenth Amendment with the
for the National Association of College
The Surprising Story of Runyon v.
Fourteenth.
& University Attorneys. During the
McCrary.” Among the many surprises
winter, he wrote two chapters for
in this case, one concerns the identity
books that should appear in 2008:
of the plaintiff, Mike McCrary, who
a chapter on “Faculty Issues and
was a three-year-old toddler when the
Ryan ’92 spoke
Academic Freedom” for a volume on
case was decided and who since went
about charter
the Duke Lacrosse saga; and a chapter
on to play for the Baltimore Ravens in
schools at a
on “Hate Propaganda and the War
the Super Bowl. He is now a civic
conference on
Against Terror” for a volume on “Civil
leader in Baltimore.
“Education as a
Liberties and the War Against Terror.”
An article on “The Badges
Civil Right” at
and Incidents of Slavery and the
Stanford Law
Power of Congress to Enforce the
46 | UVA Lawyer • Spring • 2008
In January, Jim
School. In February, he spoke at a
Faculty
Briefs
conference on merit pay for teachers
In December,
course is a one-week “intensive
held at Vanderbilt University.
Paul Stephan ’77
subject” focused on topics in the
finished his
behavioral economic analysis of law
this spring. An article about school
term as
and legal policy.
finance litigation will appear in the
Counselor on
Texas Law Review, and an article
International
at Seikei University in Tokyo in July
about charter schools and public
Law to the Legal
at a conference sponsored by the
Adviser of the
Research Institute of Economy, Trade
Ryan has two articles coming out
education is forthcoming in the
Verkerke will also be a panelist
Stanford Journal of Civil Rights and
State Department and returned to the
and Industry. RIETI has an interest in
Civil Liberties. Ryan has also written a
Law School. He also presented a paper
corporate governance and has invited
chapter about the legal issues involved
called “Privatizing International Law”
prominent U.S. academics to give
in merit pay for teachers, which will
to the annual meeting of the
presentations on their areas of exper-
appear in a forthcoming book. Lastly,
International Law in Domestic Courts
tise. Verkerke will be talking about
Ryan wrote a commentary about
Interest Group of the American
at-will employment. The purpose of
college and university presidents and
Society of International Law.
the meetings is to draft the rough
public education, which appeared
In January, Stephan presented the
equivalent of a Japanese Restatement
of corporate governance.
in Education Week in January, and a
same paper to the Virginia faculty at
piece about how to fi x the No Child
their annual retreat and will present
Left Behind Act for Slate.com in
it to the Potomac Foreign Relations
March.
Roundtable at George Washington
In September,
University Law School in May.
Ted White and
In February, he presented another
Paul Halliday
In the fall, Rich
paper on the states and international
(UVA History
Schragger
law at the University of Missouri as
Department)
published “San
part of a conference called “Revisiting
presented “The
Antonio v.
Missouri v. Holland: International
Suspension
Rodriguez and
Law and Federalism.”
the Legal
At the end of May, Stephan will
Clause: English
Text, Imperial Contexts, American
Geography of
travel to St. Petersburg as the guest
Implications” in a workshop at
School Finance
of the International Committee
Harvard Law School. The paper
Reform” in Civil Rights Stories (Gilles
of the Red Cross, the Russian
appears in the May 2008 issue of the
& Goluboff, editors 2007). His paper,
Association of International Law,
Virginia Law Review.
“Cities, Economic Development, and
and the International Law Faculty of
the Free Trade Constitution,” will be
St. Petersburg University to par-
keynote address at a conference on
published in the Virginia Law Review
ticipate in a discussion of domestic
“Neglected Justices” at Vanderbilt
in September. Schragger also
implementation of international
Law School. A version of that address,
presented the paper at the Law School
humanitarian law.
“Neglected Justices: Discounting For
In April, White delivered the
faculty workshop in November. In
History,” will appear in a forthcoming
March, he presented “Liman at the
2008 issue of the Vanderbilt Law Review.
Local Level: Public Interest Advocacy
Rip Verkerke is
White also appeared on a panel on the
and American Federalism” at the Yale
teaching New
Constitution in a series, “Weekends
Law School Public Interest Program
Directions in
With History,” held at the New York
Colloquium.
Law &
Historical Society’s headquarters. The
Economics at
other panelists are Michael Oreskes,
the University
executive editor of the International
of Melbourne
Herald Tribune, and Benno Schmidt,
this spring. The
former president of Yale University.
UVA Lawyer • Spring • 2008
| 47
Scholar’s Corner
MOST LEGAL SCHOLARSHIP TODAY takes place outside
the public view — in faculty workshops, conferences, and
academic journals. But as the law has become more central
to our personal and national lives, it seems more necessary
than ever to connect the academy to the larger world. The
best work being done at Virginia and at other top schools
examines the consequences of legal rules in a way that
invites understanding — and, when appropriate, change.
In this way, the practice of law and the production of legal
EXCERPT FROM
The Political
Economy of the
Securities Act of 1933
Paul G. Mahoney
scholarship are very much alike. They both require a broad
view of the problem combined with a ceaseless curiosity in
30 J. Legal Stud. 1 (2001)
teasing out every material issue.
Paul Mahoney is a pioneer in the use of empirical meth-
Commentators have tended to [take] at face value that the
ods in legal scholarship. His writings on the federal securities
“truth in securities” act is a disclosure statute. Less well
reforms of the 1930s challenge conventional wisdom about
understood is that the Securities Act is equally a secrecy
the nature of the securities markets of the 1920s and the
statute. It forbids most public disclosure of pending
effects of the statutory reforms. His combination of law and
offerings prior to the fi ling of a registration statement with
empirical finance is part of a new wave in corporate and
the Securities and Exchange Commission. The statute
securities law scholarship.
also mandates a minimum delay of 20 days between the
In the following excerpt, “The Political Economy of the
fi ling of the registration statement and the beginning
Securities Act of 1933,” Mahoney analyzes the politics and
of retail selling. While traditionally described as mere
effects of the first federal securities statute. He observes that
pieces of the technical apparatus of “full disclosure,” these
although the act is famous as a disclosure statute, many of its
provisions imposed important limitations on both retail
substantive provisions forbid issuers and underwriters from
and wholesale competition.
communicating with the markets during the registration
I try to show that these “technical” details can be
process. This, he concludes, was the key to understanding
best understood as means of eliminating several specific
why high-prestige investment banks favored the statute.
competitive techniques that low-status securities dealers
used successfully against high-status dealers in the late
1920s and early 1930s.
IV. THE CRISIS OF THE SYNDICATE METHOD
As competition increased at the retail level, sellers
began to seek an advantage over their rivals by violating
those provisions of syndicate agreements that specified the
timing and price of the distribution. The increased speed
of distributions and the focus on retail selling during
the 1920s made it difficult for managing underwriters
UVA Lawyer • Spring • 2008
| 49
Scholar’s
Corner
… many investment bankers of
the 1920s viewed themselves as
members of a learned profession,
the standards of which were
being eroded by new entrants
who were mere salesmen.
to monitor and control the behavior of hundreds, or
occasionally thousands, of securities dealers participating
in the sale of a new issue. By the late 1920s, investment
bankers realized that the viability of the syndicate system
was threatened.
Established bankers described the phenomenon as a
Paul Mahoney
decline in the professionalism of the investment banking
business. Like lawyers or doctors today, many investment
bankers of the 1920s viewed themselves as members of
syndicated selling effort — that each seller complied with
a learned profession, the standards of which were being
contractual restraints on price, timing, and (sometimes)
eroded by new entrants who were mere salesmen. A
territory. Managing underwriters were sensitive to the
measure of that concern is the creation, at the [Investment
complaints of retailers who complied with syndicate agree-
Banker’s Association of America annual convention in the
ments and, in so doing, lost customers to others who had
fall of 1926, of the Committee on Business Problems. The
not complied.
bulk of that committee’s first report, delivered at the 1927
In order to prevent the practice, originating houses
convention … addressed changes in distribution methods.
tried to keep the timing and price of the issue secret
The report noted two tactics in particular: “beating
until the last minute. This was not always possible,
the gun,” or selling prior to the agreed-upon distribution
however, particularly for issues of large companies. These
period, and selling at discounted prices ….
companies were closely followed by the financial press,
and newspapers or investment magazines might print
A. Beating the Gun
the details of a coming large issue of securities before the
In the late 1920s, a practice known as “beating the
issuing house had formally released the information to
gun” became common. Under the normal underwriting
the syndicates.Thus selling group members were able to
practice, underwriting and selling syndicate agreements
take orders from customers with reasonable confidence
contained an undertaking not to sell securities until they
that they would be able to provide the security at the time
were “released” by the managing underwriter through a
and price quoted, even though they were contractually
telegram or telephone call. To beat the gun was to violate
obligated to wait.
the syndicate agreement by taking orders from customers
before the securities had been released for sale.
Beating the gun allowed one distributor to get a head
The IBAA Subcommittee on Distribution concluded
that the root of the problem was excessive preoffering
publicity …. The chairman of the subcommittee spoke
start on the others in the competition for retail custom-
approvingly of issuing houses that kept a tight lid on
ers. It was, however, inconsistent with the premise of a
information about the timing and price of offerings but
50 | UVA Lawyer • Spring • 2008
Scholar’s
Corner
recognized that this “ideal condition” was difficult to
effectiveness. The prohibition on newspaper publicity was
achieve. Speaking of the large houses of issue, he noted,
broad enough to cover a story printed after interviewing
“They are doing all they can to get the information to
a company officer about the pending offering. No longer
every one of you men at the same time, and what they
would detailed information about pending offerings
want is someone to tell them a practical way, someone to
appear in the morning papers prior to the offering date,
also try and keep publicity out of the paper.”
stimulating customers to call their brokers.
V. THE REGULATORY SOLUTIONS
VII. CONCLUSION
The Securities Act and other New Deal financial
The Securities Act pursued socially useful goals. In
reforms addressed the specific competitive concerns out-
particular, its disclosure requirements forced the promot-
lined above. They had, in broad terms, three effects. They
ers of corporations undertaking initial public offerings
provided the government’s aid in enforcing the syndicate
to disclose their fi nancial stake in the new corporation,
system by outlawing beating the gun and discounting.
thus combating an abuse that had persisted in both
They slowed down the distribution process and divided
England and the United States since the mid-1800s. Its
it into distinct wholesale and retail phases. Finally , they
starting point for solving the problem was the same as that
removed commercial banks as competitors for underwrit-
developed in the Companies Act in England — mandatory
ing business. The consequence was to neutralize the
disclosure of promoters’ and underwriters’ fees and stakes
competitive advantages of integrated firms and return to
in a company.
a system in which wholesale banks originated new issues
The statute did more than this, however. It prohibited
and sold them through stand-alone distributors. This
contact with potential retail buyers in advance of an offer-
section shows how the technical details of the Securities
ing, making it difficult for one retailer to poach another’s
Act achieved those results.
customer. In tandem with the IBAA and the Maloney
Act, it enabled the IBAA to prohibit and monitor the use
A. Beating the Gun
The Securities Act achieved precisely what the IBAA’s
of price discounts in connection with public offerings. It
also effectively divided offerings into wholesale and retail
Committee on Business Problems wanted to achieve but
periods. These features helped leading wholesale and retail
could not — it made it possible for a lead underwriter to
firms enforce restrictions on retail competition that were
provide distributing houses with detailed information
central to the syndicate system of underwriting, thus
about a pending issue secure in the knowledge that the
protecting their market against incursions from integrated
latter could not agree to sell securities until the official
firms. None of these things was necessary in order to
offering date. The act also assured the absence of retail
achieve the simple goal of requiring full disclosure. They
solicitation prior to the offering date by suppressing
benefited investment banks, particularly high-prestige
preoffering publicity.
investment banks, and likely raised costs to issuers and
The Securities Act requires that a registration statement be fi led and become effective before any person may
investors.
The Securities Act accordingly provides a useful
sell the securities …. Before the registration statement
cautionary tale about the efficacy of economic regulation.
was fi led, all public discussion of the issue was banned.
The act is generally regarded as one of the greatest success
Securities lawyers today still counsel their clients against
stories of the New Deal. Unlike many regulatory statutes,
any premature public statements relating to the offering —
it has been largely untouched by claims that it raises entry
to make such a statement is to “jump the gun,” although
barriers or enforces cartel agreements among members of
I doubt many securities lawyers know that the phrase
the regulated industry. Yet a closer look at the statute, in
antedates the Securities Act.
light of the competitive conditions in the underwriting
The statute also directly attacked newspaper and radio
market in the 1920s, shows that even the Securities Act
advertisements by defining each as a “prospectus” that,
was a likely source of rents for the firms it subjected to
with limited exceptions, could not be published prior to
regulation.
UVA Lawyer • Spring • 2008
| 51
Class
Notes
1941
Foster, Johnston & Stubbs, was honored
of those who carry on Jeffersonian ideals.
by the West Palm Beach firm during a
Warner will be the second recipient of
Louis Auchincloss was featured in
reception and portrait unveiling. Sidney
the Thomas Jefferson Foundation Medal
a profi le in the Financial Times on
A. Stubbs was one of many who welcomed
in Citizen Leadership, which honors
September 21, in which he was dubbed the
guests and recognized the judge’s career
“personal leadership and lasting influence
“grand old man of letters” (he is 90) and
highlights. Paine’s portrait now hangs in
on our common culture.” Warner served
was noted for his talent and versatility as
the firm’s main lobby.
as secretary of the Navy and five terms
a writer. He has authored 30 novels, the
in the U.S. Senate. The award is given
most recent of which, The Headmaster’s
during the University’s Founder’s Day
Dilemma, was published last year. His
1952
celebrations held around Jefferson’s
April 13 birthday.
other works include 17 collections of
Additionally, Warner will be honored
short stories and numerous works of
Robert Bottomley and his wife sold their
non-fiction.
La Jolla home last summer and moved
at the Sorensen Institute for Political
into Casa de Mañana, a retirement
Leadership’s annual spring gala in April.
community facing the Pacific Ocean in La
The Sorensen Institute is a non-partisan,
Jolla. Bottomley is completely retired but
non-profit organization affi liated with the
keeps busy with various projects.
University of Virginia.
December 11 at the age of 84. She taught
On May 3, 2007, William Brown was on
his retirement from the U.S. Senate when
high school for five years in Stafford
his way from Homosassa, Fla., to his 55th
his term expires in January 2009.
County, Virginia, and practiced law
Law Class reunion (he had never missed
for 23 years in Fredericksburg before
one) when a truck in front of him dropped
retiring in 1992. She had been a marriage
some debris which he could not avoid.
commissioner since 1989.
Brown writes, “Thus came to a rapid end
1949
In August 2007, Warner announced
Catharine Powell Miller passed away on
my plans for another enjoyable reunion.”
1950
1957
M. Scott Brodie has retired as a senior
vice president and trust officer from Bank
1953
of America.
Reunion Year
Senior U.S. District Judge James C. Paine
1958
Reunion Year
retired from the federal bench in June
U.S. Senator John W. Warner is the
at the age of 83. Paine was appointed
recipient of the 2008 Thomas Jefferson
to the Southern District of Florida by
Foundation Medal, the highest honor
L. Martin Flanagan is of counsel to the
President Jimmy Carter in 1979 and
given to an individual outside the
law firm of Flanagan, Maniotis & Berger
assumed senior status in 1992. Last year,
University of Virginia community. The
in West Palm Beach, Fla.
Judge Paine, a former partner at Jones,
medal is given to recognize achievements
Tell us the important things that happen in your life! We welcome submissions for inclusion in Class Notes. Online, submit them at www.law.virginia.edu/
alumni; E-mail them to lawalum@virginia.edu; mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road, Charlottesville, VA 22903; or
fax them to 434/296-4838. Please send your submissions by September 1 for inclusion in the next issue.
Class
Notes
1959
1963
Reunion Year
Tax Liability in Today’s Expanding
Criminal Enforcement Environment.”
Memphis attorney, McDonald “Mac”
William R. Rakes was
Margolis is a member of the litigation and
Yawn, passed away on February 26, after a
named to Best Lawyers
criminal white collar groups in the fi rm’s
lengthy illness. After graduating from law
in America list for
Somerville, N.J., office.
school, Yawn held a clerkship under U.S.
2008. He was also
Court of Appeals Judge John D. Martin,
recognized as a
before entering the fi rm then known as
“Leader in the Law”
McCloy, Wellford & Clark, later becoming
for 2007 by Virginia
a partner. He subsequently practiced with
Lawyers Weekly. He is
1966
C. Ronald Ellington has received the
Fisher, Avery & Yawn as a partner. Yawn
a partner with Gentry Locke Rakes &
University of Georgia’s highest award for
represented clients in civil cases through
Moore in the firm’s Roanoke, Va., office,
teaching excellence, The Josiah Meigs
his four decades of law practice. He served
where his practice areas include
Distinguished Teaching Professorship.
as an assistant city attorney in Memphis
commercial litigation, business, estate,
Ellington, Cleveland Distinguished Chair
and tried numerous high-profi le cases
probate and trust litigation, and
of Legal Ethics and Professionalism,
working chiefly with the Memphis Area
professional liability.
joined the University of Georgia School
Transit Authority and the Mid-South
of Law faculty in 1969.
Coliseum and Auditorium. In later years,
William T. Wilson has received two
Yawn also served in as a staff attorney in
honors in the past year. He was named
Juvenile Court.
in Virginia Super Lawyers 2007 by Law
1967
& Politics magazine in the personal
injury plaintiff category. Wilson was also
J. Rudy Austin was
named as a “Leader in the Law” for 2007
named to Best Lawyers
by Virginia Lawyers Weekly. A partner
in America list for
Having sold their Brooklyn Heights house
with the Covington, Va., fi rm of Wilson,
2008. He focuses on
in 2006, Mimi and Bill Mead now reside
Updike & Nicely, Wilson concluded his
personal injury
in bucolic Sussex County, New Jersey. The
term as past chairman of the Virginia
litigation with Gentry
couple sends their best wishes to the Law
State Bar’s Senior Lawyers Conference.
Locke Rakes & Moore
1960
in Roanoke, Va.
Class of 1960.
1961
1964
Irv Brand was selected by the Cambridge
Biographical Centre of Cambridge,
Edward Handler retired from Kenyon
England, for inclusion in the Cambridge
Barry Kantor, a partner in the Virginia
& Kenyon after 40 years (35 as partner)
Blue Book.
Beach law fi rm of Christie, Kantor, Griffi n
but found his retirement to be short-
& Smith, has been listed in Best Lawyers
lived. In January 2006, Handler became
Stuart Falk has been appointed sales
in America for family law continuously
president, chief operating officer, and
manager of Cruise Critic (www.
since 1984. He was again selected as a
board member of bio-tech development
CruiseCritic.com) and Independent
Virginia Super Lawyer for 2007.
company, BioStorm, Inc. Handler
Traveler (www.IndependentTraveler.com),
writes that BioStorm is making progress
a division of Expedia, Inc.
1962
on a therapeutic agent against highly
pathogenic avian influenza (H5N1), also
known as “bird flu.” “The work is very,
G. Marshall Mundy has been listed in
the Virginia Military Institute Board
Edward Levin has just completed a
1965
of Visitors.
year in practice with Saul Ewing in
Washington, D.C., with whom he merged
his practice. Levin writes, “It has renewed
Theodore Margolis was a featured
my enthusiasm for practice at a time when
speaker at a seminar hosted by his fi rm,
many of my contemporaries are phasing
Norris McLaughlin & Marcus, entitled
out. I always was a contrarian.”
“Tax Fraud: Protecting Against Criminal
54 | UVA Lawyer • SPRING • 2008
Reunion Year
very challenging,” says Handler.
the Best Lawyers in America for more
than 20 years. Also, he was appointed to
1968
Class
Notes
Keeping a Career’s Worth of Social Justice Work Fresh
by Alexei Pfeffer-Gillett
AFTER NEARLY 40 YEARS of drawing “psychic income” repre-
becoming marginalized for
senting low-income clients, Wallace Winter ’67 is retiring from
life. Winter cited that 80%
the Legal Assistance Foundation (LAF) of Metropolitan Chicago.
of prison inmates in Illinois
By the time Winter arrived at the Law School in 1964, he
are high school dropouts.
was already passionate about social justice. His role model
Since moving to education
at Yale had been William Sloan Coffin, the activist university
law in 1996, Winter has
chaplain. An outspoken proponent of the civil rights movement
worked to convince
of the ’60s, Winter used his position as the editor-in-chief of the
Chicago school systems
Virginia Law Weekly to confront many social issues, such as the
to drop the zero tolerance
need for Law School professors to be more visible in civil rights
method in favor of “restorative justice,” a far less punitive system
and community issues. It was during his first year of law school
that has been very successful in reducing school suspensions,
that Winter accepted a summer job with the LAF to which he
expulsions, and incidents of school violence.
would return for good in 1970.
After his graduation, Winter’s Quaker beliefs and desire to
Of his post-retirement plans, Winter describes himself
as a “frustrated historian” and says he would like to write a
help others led him to the Peace Corps in Brazil. Winter, who last
biography of Richard T. Greener, the first African American
summer returned to Brazil, says that in his time with the Peace
to graduate from Harvard in 1870 and an early Dean of
Corps, he found people who had “very little education, through
Howard University Law School. Taking after his children,
no fault of their own, but still had amazing talents.” Making just
Sylvia, a landscape architect, and Ethan, an environmentalist
$50 a month in Brazil, Winter became familiar with the idea of
with a degree in forestry, Winter would also like to hike
“psychic income,” which he describes as “doing something that
the Appalachian Trail. Although he has not been back to
makes you feel good even though you don’t get rich doing it.”
Charlottesville lately, Winter expressed excitement over the
Winter’s experience in Brazil solidified his orientation towards
Law School’s promotion of public service careers, giving
public interest work.
special credit to Assistant Dean for Pro Bono and Public Interest
Winter returned to Chicago to accept a staff attorney
position with the LAF. He describes this first position as “general
intake.” Since then, Winter has altered his focuses from national
Kimberly Emery ’91 who has helped to foster an excitement in
public interest law.
Winter says there are many “interesting and uplifting
origin discrimination, to disability rights, and finally to education
things” happening at the Law School today and he hopes
and veterans rights law. Winter cites his shifting focuses as
graduates will always “keep an oar in the waters” of public
a way of maintaining interest in his work and remaining as a
interest work. He also noted that he is especially pround of the
supervising attorney with the LAF for so long.
public interest achievements of two Law School classmates:
His most recent work in education law dealt with how
Gerald Baliles, former Governor of Virginia, former Chairman of
schools meet the needs of disabled children and the types of
the Board of PBS, and now Director of the University of Virginia’s
disciplinary charges being brought against students. Winter has
Miller Center for Public Affairs; and Peter Grannis, progressive
successfully fought against the use of zero tolerance discipline
New York Assemblyman from Manhattan for over 30 years
programs by school systems, noting that expulsions increase
and currently Commisioner of the New York Department of
the chances of a student dropping out of school altogether and
Environmental Conservation.
UVA Lawyer • SPRING • 2008
| 55
Class
Notes
WANTED:
A few good annual giving volunteers
Join the Law School’s volunteer team.
is also an adjunct professor of law at
and member of the school advisory
Georgetown University Law Center
committees at Babson Park and Janie
and serves as a director of the National
Howard Wilson elementary schools.
Partnership for Women and Families.
Alan J. Mogol has been named to
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
Stephen E. Herrmann
Maryland Super Lawyers for 2008 in the
was selected as a
area of banking law. Mogol practices at
charter member of the
Ober Kaler in Baltimore, Md.
American College of
Environmental
Ronald R. Tweel, who practices with
W. Taylor Reveley, III, Dean and
Lawyers, a new
Michie, Hamlett, Lowry, Rasmussen, &
John Stewart Bryan Professorship of
professional
Tweel, was selected to be a member of
Jurisprudence at the William & Mary
association whose
the American College of Family Trial
Law School, was named interim president
purpose is to bring together lawyers
Lawyers. The American College of Family
of the College of William & Mary
distinguished by their high standards and
Trial Lawyers is a select group of 100
in Williamsburg, Va., following the
experience in the practice of
of the top family law trial lawyers from
resignation of President Gene Nichol.
environmental law. In addition to holding
across the United States. Tweel was also
Reveley joined the W&M Law faculty
annual meetings, ACOEL will sponsor
recently selected to be a fellow of the
and has served as dean since 1998, prior
educational programs designed to support
Virginia Law Foundation.
to which he practiced law at Hunton &
the quality of environmental practice.
Williams for 28 years, including nine
Herrmann is with Richards, Layton &
years as managing partner.
Finger in the Wilmington, Del., office.
1969
1971
1972
George W. House was
named one of Business
North Carolina’s Legal
Garland Allen moved from Chicago to
Edwin M. Baranowski
Elite for 2008 in the
Santa Monica in 2002 and continues to
was recently selected
Hall of Fame-
conduct a state and local tax consulting
for inclusion in Best
environmental
practice, write for State Tax Notes
Lawyers in America
category. He is a
magazine, work on ABA projects (co-
2008 in the area of
authoring the Model State Administrative
intellectual property
Pierce, McLendon, Humphrey & Leonard
Tax Tribunal Act endorsed by the
law. He has been
in Greensboro, N.C.
ABA in 2006 and moderating a 2006
partner with Brooks,
named a “Best
Georgetown/ABA seminar on state tax
Lawyer” for the past 10 years. He is a
Fred T. Lowrance has
shelters), and actively support the work
partner with Porter Wright Morris &
been recognized as a
of Death Penalty Focus, a San Francisco-
Arthur in Columbus, Ohio, and practices
North Carolina Super
based abolitionist organization. He
in intellectual property law, specializing
Lawyer for 2008 by
was admitted to the California bar in
in patents.
Law & Politics for
2007 and writes that he never wants to
construction and
take another bar exam. “Farrokh and
Deming Cowles is the coordinator of
I also enjoy L.A.’s cultural attractions,
the Lake Wales (Florida) Family Literacy
travel a good bit, visit our children and
Coalition; director of the Lake Wales
grandchildren, and try to express our
Family Literacy Academy; chairman
gratitude for a truly wonderful life.”
of the Lake Wales Housing Authority;
Terrance M. Miller
surety. He is with
Parker Poe in the
Charlotte, N.C., office.
commissioner, town of Hillcrest Heights;
was named by Law &
Nancy L. Buc has been elected chair of
member of the Polk County Budget
Politics and Cincinnati
the board of directors of the Food and
Oversight Committee; member of the
Magazine as an Ohio
Drug Law Institute, the leading non-profit
Polk County Water Advisory Committee;
Super Lawyer for
association of food and drug attorneys
adjunct professor of government at
2008. He was also
and manufacturers. Buc, a partner in the
Webber International University;
selected for inclusion
Washington, D.C. fi rm Buc & Beardsley,
56 | UVA Lawyer • SPRING • 2008
in Best Lawyers in
Class
Notes
America 2008 in the areas of personal
1974
regulatory, and administrative law. He is a
injury litigation, product liability
partner at Willcox & Savage in Norfolk,
litigation, and professional malpractice
After 33 enjoyable years with Mays &
Va., and is chair of the fi rm’s government
law. He has been named a “Best Lawyer”
Valentine and its successor, Troutman
relations practice.
consecutively for the past 20 years. Miller
Sanders, Jane Schwarzschild has
is a partner with Porter Wright Morris &
joined Armstrong Bristow Farley &
Tom Davis, U.S. Congressman from
Arthur in Columbus, Ohio, where he
Schwarzschild, a trust and estates law
Virginia’s 11th District, announced in
heads the product liability practice group.
firm in Richmond, Va. Shack Shackelford
January that he will not seek another
His cases include complex business
continues his general practice of law
term. He has served 29 years in office.
disputes, professional negligence cases,
in the Orange and Culpeper offices of
intentional tort cases against employers,
Shackelford, Thomas & Gregg, where one
Michael K. Kennedy was Arizona Super
and product liability cases for a wide
of his partners is Frank Thomas.
Bowl Host Committee Chairman for
Super Bowl XLII in Phoenix. Over the
variety of products, including trucks,
tires, snowmobiles, motorcycles, bucket
Jay Waldron was included on the
course of three years (and three total knee
lifts, and recreational vehicles.
2007 Oregon Super Lawyers roster,
replacements) he oversaw the executive
sponsored by Law & Politics. He practices
board and 25-member board of directors,
Robert H. “Skip”
with Schwabe, Williamson & Wyatt
organized the 15-member host committee
Myers and Lewis E.
in Portland, Ore., and focuses on
staff, and helped raise nearly $18 million
Hassett ’79 have been
environmental law.
to make the Super Bowl a success for the
state of Arizona. Kennedy is a trial lawyer
named co-chairs of
with Gallagher & Kennedy in Phoenix.
the insurance and
As a result of the merger of Lord Bissell &
reinsurance group at
Brook with Locke Liddell & Sapp, Kevin
Morris, Manning &
Walsh is now a member of Locke Lord
Frederick Lowell continues as chair of
Martin. Myers
Bissell & Liddell, a 700-person fi rm with
the Pillsbury Winthrop Shaw Pittman
specializes in antitrust and insurance
offices across the country. Walsh practices
political law department, working out of
regulatory matters and practices in the
in New York City.
the San Francisco office.
firm’s Washington, D.C., office.
Jeff Wray was named to the Texas Super
Don P. Martin has
Edward W. Wellman,
Lawyers list for 2007. He is a partner with
been included in Best
Jr., has been
Fulbright & Jaworski in the Houston
Lawyers in America
recognized as a North
office, where he concentrates on labor and
2008. He is with
Carolina Super Lawyer
employment matters.
Quarles & Brady in
Phoenix and focuses
for 2008 by Law &
Politics for mergers
and acquisitions. He is
on commercial
1975
litigation.
with Parker Poe in the
Charlotte, N.C., office.
1973
Reunion Year
Lee F. Feinberg has been included in Best
Zack Clement was named to the Texas
John H. Quinn III has
Super Lawyers list for 2007. He is a
been admitted to the
partner with Fulbright & Jaworski in
State Bar of Nevada.
the Houston office, where he focuses
He is a partner with
on business restructure and insolvency
Armstrong Teasdale in
litigation matters.
the firm’s St. Louis
office, where he is
Lawyers in America 2008 in the category
co-leader of the
of energy law. He is with Spilman Thomas
Glenn R. Croshaw
& Battle in Charleston, W.Va.
was profi led in the
intellectual property litigation practice
December issue of
group. Quinn is listed in Best Lawyers in
Second-year Law student Jonathan
Virginia Business
America 2008 for intellectual property law.
Tannen ’09, son of Edward Tannen and
magazine, in which he
Dr. Millie Tannen, spent last summer in
was recognized for his
Jerusalem as a research assistant to Israeli
legal work in the area
Supreme Court Justice Asher Dan Grunis
of legislative,
LL.M. ’72.
UVA Lawyer • SPRING • 2008
| 57
Class
Notes
Kneedler ’74 Reaches Century Mark at Supreme Court
STEVE PETTEWAY, Collection of the Supreme Court of the United States
ON THE EVE OF ARGUIING HIS 100TH CASE before the
Supreme Court of the United States, we caught up with U.S.
Deputy Solicitor General Edwin S. Kneedler ’74 and took the few
spare minutes he had to ask him a few questions.
This is your 100th case before the Supreme Court?
Yes, I will be arguing my 100th case in the Supreme Court on
March 17. The case is Republic of the Philippines v. Pimentel, Sup.
Ct. No. 06-1204. The case involves competing claims, by the
Republic of the Philippines and by a class of victims of human
rights abuses during the regime of former President Ferdinand
Marcos, to assets in a securities account in the United States set
up by Marcos in the early 1970s.
What was your first case before the Supreme Court?
The first case I argued was United States v. Bailey, 444 U.S. 394
sufficiently at the outset, be prepared to weave them into
your answers to questions. Answer questions directly. Have
(1980), which involved the elements of the defense of duress or
a command of the procedural history of the case, because
necessity to the federal crime of escape from prison.
questions about what happened in the trial court and on
Does this get easier? Has arguing before the Court changed
case are not procedural ones. Do several moot courts, with
appeal often come up even when the principal issues in the
since your first case?
It certainly hasn’t gotten any easier. The biggest change since
I argued my first case is how much more active the Justices are
at least some of the “Justices” drawn from lawyers who have
experience before the Court and who therefore will have a
sense of how the Justices will react to your case.
in asking questions of the advocate. When I first began in the
Office, an attorney would typically be allowed a fair amount
Finally, would you recommend a career in public service to
of uninterrupted time at the outset to introduce the case, and
current and future UVA Law grads?
throughout the case the advocate could be reasonably sure
of having the opportunity to make his or her principal legal
Absolutely. My entire legal career, after serving for a year as a
law clerk for Judge Browning on the Ninth Circuit, has been in
arguments in full. Now, questions from the Bench begin almost
the Department of Justice. It has been fulfilling throughout —
from the outset of a case and continue — often intensively —
representing as best I can the interests of the United States, as
throughout, so it is often necessary for a lawyer to weave in the
expressed through the elected representatives of the people. I
principal points in answers to questions.
am constantly aware of the special responsibilities of being an
attorney for the government — to do the right thing, to adhere
to special duties of candor, to make sure the government’s
Do you hold the “record” for most cases tried before
the Court?
Not by a long shot. There are reports that in the 19th Century,
Daniel Webster argued (depending on the source) between
168 and 249 cases, and that Walter Jones argued 319 cases. In
positions are well grounded and the product of full and open
internal deliberations, and to strive for excellence in advocacy.
Those responsibilities are also the greatest rewards.
On a professional level, government attorneys typically are
accorded a considerable amount of responsibility early on and
the 20th Century, former Deputy Solicitor General Lawrence
a chance to develop expertise and to make a real contribution.
Wallace argued 157 times, John W. Davis 140 times, and Erwin
On a personal level, I have experienced from the outset of
Griswold 118 times.
my time in government the mutual support, encouragement,
and good humor that grow out of working with colleagues
Do you have any words of wisdom for someone arguing a
who are deeply committed to and engaged in a common
case before the Supreme Court for the first time?
endeavor. It has, in short, been a privilege — and great fun!
Be yourself, speaking in a straightforward manner,
While my own career in the Department of Justice has been
respectfully but with confidence in your position. Identify in
mostly in the Office of the Solicitor General, there are terrific
advance the three or so points that you feel as though you
career opportunities throughout the Department and in other
must make no matter what; if you do not get to make them
departments and agencies as well.
58 | UVA Lawyer • SPRING • 2008
Class
Notes
1976
to the BTI Client Service All-Star Team,
1977
a group of 114 attorneys cited nationwide
Peter E. Broadbent,
by clients from Fortune 1000 companies.
Julian D. “Bo” Bobbitt, Jr., has been
Jr. has been
Sears is also an adjunct professor at the
elected to serve a two-year term on the
recognized by Virginia
University of Alabama Law School, where
Wake County Bar Association Board
Business magazine in
he teaches construction law.
of Directors. A partner with Smith
its annual survey as
Anderson in the Raleigh, N.C., office, he
one of the Virginia
Donald Shuller was
serves as the principal general, health,
Legal Elite in the field
named a 2008 Ohio
antitrust, and managed care counsel to a
of intellectual
Super Lawyer. He is in
wide range of health care-related clients.
property law. Broadbent practices
the Cincinnati office
business, intellectual property,
of Vorys, Sater,
Stephen W. Earp has
governmental, and communications law
Seymour and Pease
been included in Best
as a partner with Christian & Barton in
and practices in the
Lawyers in America
Richmond, Va.
area of real estate.
2008, an honor he has
had for 10 years. He
James Hingeley was presented with the
Douglas S. Vaught was elected as
was also named in
Virginia Association of Criminal Defense
Commonwealth’s Attorney for Grayson
Business North
Lawyers “Champion of Justice” Award
County, Va., and took office January 1.
in 2007. Hingeley was recognized for his
Carolina’s 2008 Legal
Elite in environmental law. He is with
many years of advocacy, culminating
John A. Vering III
in dramatic improvements in Virginia’s
was recognized in Best
indigent defense system last year.
Lawyers in America
James L. Shea has been named in Best
2008, Chambers USA:
Lawyers in America 2008. He is chair at
The Harvard Negotiation Law Review
America’s Leading
Venable in Baltimore, and his practice
published an article in its spring 2007
Lawyers for Business,
focuses on corporate litigation and
edition by Luther Munford, entitled “The
and Missouri/Kansas
related issues.
Peacemaker Test: Designing Legal Rights
Super Lawyers 2007 in
to Reduce Legal Warfare.”
Smith Moore in Greensboro, N.C.
labor and employment law. He is a
In October, Will Shortz hosted the
partner with Armstrong Teasdale and
Philadelphia Inquirer Sudoku National
Harry Rhodes and his wife, Becky, are
chairs the employment and labor and
Championship in Philadelphia. Shortz is
currently serving as interim co-pastors of
non-compete/trade secrets practice
editor for the New York Times crossword
Good Shepherd Church of the Brethren in
groups in the Kansas City office.
puzzle and is National Public Radio’s
Blacksburg, Va. Harry continues to practice
law in Roanoke with Rhodes & Butler.
puzzle master, with a regular segment on
M. Hamilton Whitman was recognized
Weekend Edition Sunday.
as among the most accomplished
Florida Governor Charlie Crist appointed
and respected lawyers in the country
Vance Salter as an appellate judge, Third
by Expert Guides to the Leading US
District Court of Appeal of Florida, in the
Lawyers — Best of the Best USA 2007.
summer of 2007.
Whitman was also named a 2008 Super
Braden R. Allenby recently gave a talk
Lawyer by Maryland Super Lawyers.
at the Institute for Human and Machine
Walter J. Sears III has been elected to
Whitman is chair of Ober Kaler’s disputes
Cognition in Pensacola, Fla., entitled “Life
the American College of Construction
resolution section and co-chair of the
on a Terraformed Planet: Please Fasten
Lawyers, an association of the top one
firm’s complex civil litigation practice
Your Seatbelts for Takeoff?” He described
percent of the construction bar in the U.S.
group in Baltimore.
how rapidly changing technologies,
1978
Reunion Year
Sears is a partner at Bradley Arant Rose
including robotics, nanotechnology,
& White in the Birmingham, Ala., office,
biotechnology, and cognitive science are
where he is chairman of the construction
and procurement practice group and a
WANTED:
A few good annual giving volunteers
member of the executive committee and
Join the Law School’s volunteer team.
litigation practice group. He is listed in
Contact Helen M. Snyder ’87
Best Lawyers in America and was named
helensnyder@virginia.edu
changing cultural patterns and belief
systems that have been in place for
centuries. The result, he predicts, will be
“quite a ride.”
434-924-4668
UVA Lawyer • SPRING • 2008
| 59
Class
Notes
Michael P. Haggerty
James M. Finn was included on the 2007
Roy L. Smart III has
was named among
Oregon Super Lawyers roster sponsored by
been recognized as a
Best Lawyers in
Law & Politics. He practices with Schwabe,
North Carolina Super
America 2008 in real
Williamson & Wyatt in Portland, Ore.,
Lawyer for 2008 by
estate law. He was also
and focuses on real estate law.
Law & Politics for
named to the Texas
mergers and
Super Lawyer list for
Aubrey Ford was inducted this year into
acquisitions. He is
2007. He is a partner
the American College of Trial Lawyers.
with Parker Poe in
at Jackson Walker in the Dallas office,
His practice involves civil rights, and
where he practices in the areas of
commercial and employment litigation.
transactions, fi nancial services, real
His son, Aubrey, is a senior at the
estate, and public fi nance.
University of Miami and his younger son,
the Charlotte, N.C., office.
1980
Billy, is a sophomore at Hamilton College.
Joseph W. Ryan, Jr.,
John F. Brenner has
was recently named
Lewis E. Hassett and
joined Pepper
one of the Best
Robert H. “Skip”
Hamilton as a partner
Lawyers in America
Myers ’72 have been
in the Princeton, N.J.,
2008 in the area of
named co-chairs of
office, where his
personal injury law,
the insurance and
practice concentrates
and by Law & Politics
reinsurance group at
on pharmaceutical
and Cincinnati
Morris, Manning &
and medical device
Martin. Hassett
litigation.
Magazine as an Ohio Super Lawyer for
2008. He is a partner in the Columbus,
specializes in insurance and reinsurance
Ohio, office of Porter Wright Morris &
litigation and arbitration and practices in
Mark Cook (LL.M.)
Arthur, where he focuses on civil
the firm’s Atlanta office.
has been named a
litigation with emphasis on professional
partner at Baker Botts
liability, wrongful death, intellectual
In August, Hugh Hegyi was appointed
in the Washington,
property, and commercial law cases.
Judge of the Maricopa County Superior
D.C., office, where he
Court by Arizona Governor Janet
will practice with the
Napolitano ’83.
global projects group.
Donald Switzer was selected for the
2008 Ohio Super Lawyers list for medical
His concentration is
malpractice defense, an honor awarded to
Michael K. Kuhn was
in energy regulation, contracts, securities,
the top five percent of Ohio attorneys.
named a Texas Super
and fi nance.
Lawyer for 2007 and
1979
In June 2007, Mark Cramer was
was also included in
Former U.S. District Judge Sven Erik
Best Lawyers in
Holmes has joined the board of directors
America 2008 in real
of Equal Justice Works, a non-profit
estate law. He is a
organization founded by law students in
partner in the areas of
1986 to work on behalf of underserved
appointed president and a member of
transactions and real estate with Jackson
causes and communities. Holmes is
the board of directors of the Institute
Walker in the Houston office.
executive vice chair, legal and compliance
with KPMG. He lives in Washington,
for Defense and Business, a non-profit
research and education institute affi liated
David L. Kyger has
D.C., with his wife Lois Romano, a
with UNC-Chapel Hill. The Institute
been included in the
reporter for the Washington Post. They
organizes and delivers educational
list of Best Lawyers in
have two daughters.
programs for the U.S. military. During
America 2008. He is
2007, Cramer also received an adjunct
with Smith Moore in
faculty appointment to UNC’s Kenan-
the Greensboro, N.C.,
Flagler Business School.
office, where he
practices non-profit/
charities law.
60 | UVA Lawyer • SPRING • 2008
Class
Notes
The Volunteer
research and strategic communications
Chip Horne has left private practice to
Lawyers Program
consultancy, and Burson-Marsteller, a
become general counsel for ServiceStar
named John N. Iurino
leading global public relations and public
Development Company, a commercial
as Outstanding Pro
affairs firm. Baer will serve as chairman
real estate developer in Colorado and four
Bono Attorney of the
of Penn, Schoen and Berland and vice
other states.
Month in December.
chairman of Burson-Marsteller. He will
Iurino is a partner
be based in Washington, D.C., where the
Philip Mulford was
with Lewis and Roca
two companies share offices.
featured in a Duke
in Tucson, Ariz., where he practices in the
Magazine profi le
commercial litigation section. The award
David P. Ferretti has been included
about his weekly
was presented at the VLP’s annual awards
in Best Lawyers in America 2008 in the
Internet radio talk
luncheon in November.
categories of corporate law and mergers
show, “Divorce
and acquisitions law. He is with Spilman
Mediation: Myths &
M. Mallory Mantiply
Thomas & Battle in Charleston, W.Va.
Facts.” In 2006,
VoiceAmerica approached Mulford about
has joined Spilman
Thomas & Battle in
William M. Herlihy has been included
the concept of hosting a weekly Internet
the Roanoke, Va.,
in Best Lawyers in America 2008 in the
radio talk show about divorce mediation.
office, where his
categories of corporate law and natural
Mulford, with 18 years of experience as a
practice includes trials
resources law. He is with Spilman
full-time professional mediator and
and litigation of all
Thomas & Battle in Charleston, W.Va.
background as an attorney, has brought
the show to life and made it one of the
types, including labor
Christine Hughes has
fastest growing shows on the
been elected to the
VoiceAmerica Network — more than
W. David Paxton was
Boston Bar
tripling its audience in the fi rst 10
named in Best Lawyers
Association Council.
months. The show recently received the
in America 2008. He
She is Vice President
endorsement of the Association of
focuses on labor and
and General Counsel
Attorney-Mediators, a national
employment law with
of Emerson College,
organization promoting the highest
Gentry Locke Rakes &
where she is
standards of training, ethics, and
Moore in Roanoke, Va.
responsible for the legal, human
qualifications for attorney-mediators.
resources, and public safety departments.
“Divorce Mediation: Myths & Facts” airs
F. Blair Wimbush has been named vice
She has also served as co-chair of the
live every Thursday at 2 pm (ET) on www.
president for real estate and corporate
BBA’s college and university law section.
voice.voiceamerica.com. Mulford practices
and employment law.
mediation full-time in his Warrenton and
sustainability officer at Norfolk
Southern in Norfolk, Va. He will lead
Blaine A. Lucas was selected for inclusion
Fairfax (Virginia) offices. The article is
efforts to measure and minimize the
in Best Lawyers in America 2008 in the
available on the Duke Magazine website
railroad’s environmental impact, and
land use and zoning law and municipal
www.dukemagazine.duke.edu or at www.
will work to enhance relationships with
law sections. He is with Babst, Calland,
mulfordmediation.com under Articles.
environmental stakeholders. Wimbush
Clements and Zomnir, where he is a
joined Norfolk Southern in 1980 and has
shareholder in the public sector services
Julie A. Petruzzelli is listed in Best
held key positions in the law department,
and business services groups in the firm’s
Lawyers in America 2008. She is a partner
including senior general counsel. He was
Pittsburgh office.
with Venable in Washington, D.C., and
her practice is focused in the area of
named vice president, real estate
in 2004 and in his new position keeps
that responsibility.
1982
intellectual property.
James S. Ryan III was
William H. Hines was named a
named to the Texas
Louisiana Super Lawyer for 2008 by Law
Super Lawyer list for
& Politics. He is managing partner with
2007. He is also
Don Baer has been appointed to a
Jones Walker in New Orleans, where he
among Best Lawyers in
senior-level role for two organizations:
practices in the areas of business and
America 2008 in the
Penn, Schoen and Berland, a market
corporate law.
area of corporate law.
1981
UVA Lawyer • SPRING • 2008
| 61
Class
Notes
He is a partner with Jackson Walker in
Amelia Fawcett is chair of recently
national school law group). He’s married,
the Dallas office, and practices in the
established Pensions First, which aims to
has three kids, and “hopes to survive the
areas of transactions, corporate and
help faltering, defi ned-benefit pension
teenage years!”
securities, health care, life sciences, and
plans in the United Kingdom. The new
medical technology.
company will use capital markets to deal
Edwin J. Hull is a founding member of
with longevity risks.
Betts, Hull & Klodowski, which opened
two offices in the Pittsburgh, Pa., area in
After 23 years of private and in-house
practice, Debbie Sink “retired,” returned
Thomas N. Griffi n III
January. The firm is primarily engaged
to school, and obtained a B.S. in secondary
has been named
in commercial practice, including
mathematics education. She has set out
among the Legal Elite
business representation, transactional
on her second career, teaching high
in environmental law
work, employment matters, real estate,
school math.
in 2008 by Business
litigation, securities, and environmental
North Carolina.
law. Hull was recently engaged and plans
Griffi n was also
to be married this spring.
1983
Reunion Year
recognized as a North
Carolina Super Lawyer for 2008 by Law &
Jules Kaufman has been named general
Richard M. Campanelli has been
Politics magazine. He is in the Charlotte
counsel, senior vice president, and
appointed Counselor for Science and Public
office of Parker Poe Adams & Bernstein.
secretary of the board of directors at Coty,
Inc. Kaufman will oversee Coty’s legal
Health to U.S. Secretary of Health and
Human Services, Mike Leavitt. He is senior
James R. Hart was reappointed in
affairs worldwide from the company’s
policy and program advisor for the Food
January to a second four-year term
New York headquarters.
and Drug Administration, the National
as an at-large member of the Fairfax
Institutes of Health, the Centers for Disease
County Planning Commission. He is also
Robert Latham has
Control and Prevention, and the Agency
beginning his ninth year as a member
been named to the
for Healthcare Research and Quality. Last
of the Fairfax County Board of Zoning
Texas Super Lawyers
year, following the Virginia Tech shootings,
Appeals. Hart is a partner with Hart
list for 2007. He is a
he led the Secretary’s review of policy and
& Horan in Fairfax, Va., and former
partner with Jackson
practice on school violence.
chairman of the construction law and
Walker in the Dallas
public contracts section of the Virginia
office, where he
David Carr is a senior attorney at
State Bar. His practice emphasizes
Southern Environmental Law Center
construction and real property litigation.
in Charlottesville and teaches Federal
focuses on intellectual
property litigation and media law. He
chairs both practice areas at the firm.
Lands and Natural Resources Law at the
Don Haycraft was
Law School.
named among the
Paula (Campbell) Millian continues her
2008 Louisiana Super
career as a legal search consultant with
Doug Chapman has worked for several
Lawyers in
Finn and Associates in McLean, Va. She
years as an independent contract attorney
transportation/
and her husband, John Millian, reside
doing business litigation for four small
maritime law and was
in McLean with their three children,
law firms in Los Angeles. In April 2006 he
recognized by Best
Courtney (17), Andrew (15), and Matt (13).
moved to Bangkok and telecommutes.
Lawyers in America
Mark Davidson was
2008 in maritime law. He is a partner
In September, Wayne
with Liskow & Lewis in New Orleans.
Moore was presented
an award for
named one of Business
North Carolina’s Legal
Jeff Horner is with Bracewell & Giuliani
excellence in career
Elite for 2008 in the
in Houston — 24 years and counting,
advising for 2006-07
area of business law
he writes. Horner was selected for
by Virginia Tech
and tax/estate
recognition in The Best Lawyers in
Career Services in
planning. He is a
America in education law. Also, he was
partner with Brooks,
elected to the board of directors for
Moore advises pre-law students,
Pierce, McLendon, Humphrey & Leonard
the Council of School Attorneys of the
prospective students, and alumni
in Greensboro, N.C.
National School Board Association (a
62 | UVA Lawyer • SPRING • 2008
Blacksburg, Va.
interested in pursuing a legal career. He is
1984
Wendy Wysong recently left her position
as the Deputy Assistant Secretary for
the faculty advisor for Virginia Tech’s
Bill Chapman’s daughter, Ellie, is a
Export Enforcement at the Commerce
sophomore at Dartmouth, and son, Ben,
Department’s Bureau of Industry and
Greg Musil was recognized in Best
is a junior. Father and son started the new
Security. She is now a partner in the
Lawyers in America 2008 in the “Bet-the-
year by climbing in Ecuador before Ben
Washington office of the London-
Company Litigation” category, and for his
went to teach in the Dominican Republic.
based law firm Clifford Chance, where
work in commercial litigation and land
Bill’s law firm merged to form K&L
she specializes in export controls and
use and zoning law.
Gates, which has 1,400 lawyers on three
economic sanctions litigation. She is
continents. Bill writes that he and Frankie
still married to Tracy Rickett. Their
are good!
daughter, Hadyn, who was born the day
pre-law chapter of Phi Alpha Delta.
Janet Napolitano is in her second term as
before graduation, is now married and in
Governor of Arizona and just completed
her term as chair of the National
Kerry “K.C.” Green has been named
the Latin American Studies Program at
Governors Association.
among Best Lawyers in America 2008 in
the University of Texas. Their daughter,
product liability litigation. Green is a
Chadae, is a chef in D.C., and their son,
Jeffrey E. Oleynik was
partner in the product liability practice
Max, is spending his junior year of high
named one of Business
group with Dinsmore & Shohl in the
school in Argentina.
North Carolina’s Legal
Cincinnati office.
Elite for 2008 in the
1985
area of antitrust and
Mike Hubbard has
bankruptcy. He is a
earned his Certified
partner with Brooks,
Information System
Amelia Bland Waller is an Assistant
Pierce, McLendon,
Security Professional
Attorney General representing the
(CISSP) certification,
Division of Child Support Enforcement.
going through a
She lives in Marion and Elk Creek, both
John E. Osborn resigned his position
rigorous training
in Virginia. Her oldest son, Ben Halsey,
as executive vice president, general
program on
is a veterinarian in Lynchburg. Her
Humphrey & Leonard in Greensboro, N.C.
counsel, and secretary of Cephalon, Inc.,
information security policies and
youngest son, Will Beaty (18), is a senior
an international biopharmaceuticals
practices. The program covers topics
in high school. She has one grandson,
company. Effective March 31, Osborn
including access control systems,
Mason David Halsey.
will serve as advisor on legal and policy
telecommunications, cryptography, and
matters. Osborn joined Cephalon in 1997
security management practices. Hubbard
James E. Cumbie has been named in Best
and was promoted to general counsel in
is with Womble Carlyle in the fi rm’s
Lawyers in America 2008. He is a partner
1998. He has accepted an appointment
Raleigh, N.C., office, where he leads the
with Venable in the Baltimore office, and
as a visiting fellow with the Centre for
privacy and data protection team.
practices in the area of public fi nance law.
Socio-Legal Studies at the University
of Oxford for the spring 2008 term,
The International Bar Association named
Martha N. Donovan
and will be associated with Wadham
Michael J. Lockerby in the International
spoke at a Rutgers
College Oxford. He will also serve as an
Who’s Who of Franchise Lawyers for
University seminar
advisor on life sciences regulatory and
2008. A partner in the Washington, D.C.,
entitled
compliance matters to the international
office of Foley & Lardner, Lockerby was
“Environmental Law
consulting firm McKinsey & Company,
also recently named as one of the top
and Regulation” in
Inc. In 2007, Osborn was nominated
franchising lawyers in the nation by
February on the Cook
by President George W. Bush to the
Chambers USA.
U.S. Advisory Commission on Public
College campus in
New Brunswick, N.J. She is co-chair of
Diplomacy, pending confi rmation by the
John Scheb (LL.M.) and his son,
the environmental law group at Norris
U.S. Senate.
Professor John Scheb, have published
McLaughlin & Marcus, where she focuses
the sixth edition of Criminal Law &
on environmental law and complex
Procedure with Thomson Learning.
litigation, with an emphasis on the defense
of environmental property damage and
toxic tort claims. She practices in the
firm’s Sommerville, N.J., office.
UVA Lawyer • SPRING • 2008
| 63
Class
Notes
Chip Grayson is executive managing
office, where he practices in the areas of
Ann Peldo Cargile
director and head of investment banking
commercial transactions and employee
has been elected to the
at Morgan Keegan in Memphis, Tenn. He
benefits.
board of governors of
and his wife, Lisa, have three children:
Shelley (20), Virginia (17), and John (14).
the American College
of Real Estate
1986
Lawyers. She is with
Christopher B. Hockett has joined Davis
Boult Cummings in
Polk & Wardwell as a partner in the fi rm’s
Rosemary Daszkiewicz has been
Menlo Park, Calif., office. He will practice
appointed senior director for law at
representing local and national lenders
in the firm’s litigation group, to which
Plum Creek Timber Company, Inc., the
and developers in the acquisition,
he brings considerable experience in
largest private landowner in the U.S.,
fi nancing, and sale of real estate projects,
complex commercial litigation, including
where she will manage employment and
including condominiums, planned
antitrust and unfair competition
human resources law. She also serves on
developments, parks, office buildings, and
disputes, patent litigation, and consumer
the board of Group Health Cooperative
retail centers. She was named in Best
class actions.
and chairs its strategic planning and
Lawyers in America 2008 and was named
fi nance committee. She is in Plum Creek’s
one of the “Forty Over 40” professionals
Seattle office.
in commercial real estate by Midwest Real
Rebecca Lamberth has joined Duane
Morris as a partner in the Atlanta
Nashville, Tenn.,
Estate News, and was the only lawyer
office, where she will focus on securities
The San Diego Daily Transcript (www.
litigation and commercial and business
sddt.com) selected Bill Eigner as an
litigation in the trial practice group.
“influential,” one of San Diego’s most
Chambers USA: America’s Leading
influential people in the business arena.
Lawyers for Business 2007 and in Mid-
Keith Langley is a partner at Langley
included from Tennessee.
Peldo Cargile was also named in
South Super Lawyers 2007 for real estate
Weinstein Hamel in Dallas, where he
William Evans moved from his position
and Best of the Bar 2007. In January, she
practices in the areas of commercial
as a principal attorney at Groom Law
was listed in 150 Best Lawyers by Business
litigation, commercial bankruptcy,
Group in Washington, D.C., to become
Tennessee magazine.
construction, and surety. Keith and his
an attorney-advisor in the Office
wife, Tammy, have been married for 27
of Benefits Tax Counsel at the U.S.
Elizabeth Stewart is a partner in the
years and have three sons: Adam (21),
Department of Treasury. At BTC, Evans
litigation department of Murtha Cullina, a
Max (18), and Troy (14).
will help create and review policies,
New England law firm. She lives outside of
legislation, and regulations relating to
New Haven with her husband, Joe
employee benefits taxation.
Pignatello and her son, Connor Pignatello.
Alan J. Martin has joined Barnes &
Thornburg as partner in the Chicago
office. Martin was named a co-head for
Jeffrey K. Gonya is listed in Best Lawyers
the firm’s offices in the Midwest and
in America 2008. He is a partner with
Washington, D.C. Martin, his wife,
Venable in Baltimore and practices in the
Dawne, and their four children reside in
area of non-profit/charities law and trusts
Kim M. Boyle has
Naperville, Ill.
and estates.
been elected as the
Michael Platt is chief investment officer of
Bernard Goodwyn has been appointed to
American woman
Aircastle Advisor, a commercial aircraft
the Virginia Supreme Court by Governor
president of the
leasing company based in Stamford, Conn.
Tim Kaine. He fi lls the position vacated
Louisiana State Bar
Mike, his wife, Lisa, and daughters, Emily
when former Justice Elizabeth B. Lacy
Association. Her term
and Katie, live in Westport.
(LL.M. ’92) retired. Goodwyn became
1987
first African-
begins in June. Boyle
the first African-American judge in
has previously served the LSBA as its
James H. Prior was
Chesapeake in 1995 when he joined the
treasurer, as a member of the Board of
named among the Best
general district court and was elevated to
Governors, and as chair of several
Lawyers in America
the circuit court in 1997. He is married
committees. She received the LSBA
2008. He is with
to Sharon Smith Goodwyn ’88, who
President’s Award in 2000. Boyle was also
Porter Wright Morris
practices in Norfolk. The couple has
awarded the National Bar Association
& Arthur in the
two children.
Presidential Award in 2006.
Columbus, Ohio,
64 | UVA Lawyer • SPRING • 2008
Class
Notes
direct investments. Long was involved
Mark Mellon is pleased to announce that
Orleans Bar Association in 2003, where
in private equity throughout his 14-year
his Western novel, The Pirooters, has been
she was the first African-American to
career at Bank of America, including
published by Treble Heart Books. Mark’s
hold that position. Prior to her presidency,
as founder of the strategic investments
short fiction has previously appeared in
she served on the NOBA Board in various
group and co-founder of Bank of
a number of magazines, but this is his
capacities. Most recently, Boyle received
America’s real estate mezzanine group.
first full-length, published fiction. Those
the 2007 NOBA’s Presidents’ Award which
Long began his career at Bank of America
interested in learning more about the
recognizes attorneys who, in addition to
in the legal department where he was
novel can fi nd information at: http://
their professional excellence and integrity,
responsible for private equity, mergers
www.trebleheartbooks.com/SDMellon.
have dedicated themselves to community
and acquisitions advisory and other
html. Despite this literary success, Mark
service in the exercise of the highest ideals
capital markets businesses.
still supports himself and his family by
Boyle was president of the New
of citizenship.
Long sends this message to his
She is a partner at Phelps Dunbar in
working as an attorney for the FDIC.
classmates, “Hated to miss our 20 year
New Orleans. Boyle practices in the areas
reunion at the last minute, but had a
of labor and employment law, civil rights,
good UVA excuse. Spent that weekend
constitutional law, commercial litigation,
convincing another UVA grad, Tim
and general litigation. Prior to joining the
Smith, Com ’90, to join Conversus as our
firm, Boyle served as Judge Pro Tempore,
CFO. Tim was referred by another alum,
Division I, for the Civil District Court for
Arrington Mixon, Com ’83, who has since
Orleans Parish.
joined our board.”
Jerry L. Falwell, Jr., was named chancellor
Suzanne (“Suni”) Mackall Perka
of Liberty University following the death
was elected for her third full term as
of his father in May. Jerry and his younger
Commonwealth’s Attorney for Clarke
Keith D. Munson recently commissioned a
brother, Jonathan, have stepped forward to
County, Va., on November 6. Suni has
painting of the South Carolina Governor’s
lead the Falwell ministries.
three children: Sorrel (13), Mimi (11),
inauguration for the Governor’s mansion
and Gunder (9).
from Laura Snyder (daughter of classmate
Stephen E. Fox was included in Best
Helen Snyder), who is a graduate of the
Lawyers in America 2008 in labor and
Cathy Mansfield is a professor of law at
Rhode Island School of Design. Keith
employment law. He is in the Dallas office
Drake University and chair of the board
spearheaded Governor Sanford’s election
of Fish & Richardson.
of directors of Americans for Fairness in
efforts in Greenville and served on the
Lending. She recently composed an opera
Governor’s eight-person transition team.
Bob Long is now the
entitled, “The Sparks Fly Upward,” which
He has also served on the Santee Cooper
president and chief
premiered in Des Moines, Iowa, in
Power board of directors and the Research
executive officer of
November. She has twin daughters who
Universities Centers of Excellence review
Conversus, the largest
are 13.
board. Keith is a partner with Womble
Carlyle and invites everyone to South
publicly traded
portfolio of third-
Neil V. McKittrick has been named
Carolina to visit him, Suzanne, and their
party private equity
co-chair of the Labor Law Committee of
three daughters.
funds with over
the Boston Bar Association’s labor and
$2 billion in assets. Long is responsible for
employment section. The Labor Law
the overall strategic direction of Conversus
Committee is composed of lawyers for
and is a member of the Investment
management, unions, and individuals,
Committee and Board of Managers.
and focuses on traditional labor issues
Mike Andresino is a partner at Boston’s
Conversus delivers immediate access to a
in the private and public sector, and
Posternak Blankstein & Lund, a 60-lawyer
fully ramped, high-quality and seasoned
is responsible for monitoring legal
firm specializing in early stage through
portfolio of private equity funds.
developments in labor law and presenting
middle market business. He lives in
educational programs. McKittrick
Milton, Mass., with his wife, Patty, and
practices at Goulston & Storrs in Boston.
their sons, Jack and Joe.
Prior to founding Conversus in June,
Long was the head of Banc of America
1988
Reunion Year
Strategic Capital, a division of Bank
of America managing approximately
$7 billion in private equity funds and
UVA Lawyer • SPRING • 2008
| 65
Class
Notes
Julian A. Cook was presented with the
science on matters related to national
Keith H. Johnson was
Michigan State Bar Foundation’s 2007
security. They also provide counsel on
selected for inclusion
Founders Award. The award is presented
sensitive issues including compliance and
in Best Lawyers in
to a Michigan lawyer for exemplary
legal liability. Mullen, who joined the fi rm
America 2008 in
contribution to the profession and the
in 2006, is a partner in the government
environmental law.
community. As chair of the Foundation’s
contracts practice group and member of
He is with Poyner &
Fellows Program, membership under
the litigation department in the firm’s
Spruill in the Raleigh,
Cook doubled to its current level of over
Washington, D.C., office.
N.C., office.
1,300 lawyers while fi nancial
contributions tripled to a cumulative total
Marcia Voorhis Andrew is a partner at
Adam D. Mitzner joined Pavia &
of nearly $1.3 million. Cook currently
Taft Stettinius & Hollister in Cincinnati,
Harcourt in the firm’s New York office as
serves as a senior judge of the U.S.
Ohio, and the chair of the firm’s franchise
partner in the litigation and arbitration
District Court for the Eastern District
and distribution practice group. Marcia
practice group.
of Michigan.
lives in Middletown with her husband,
Will Andrew, and their children,
1990
John M. Cooper of Hajek, Shapiro,
Alexander (13), Rachel (12), and Mark
Cooper, Lewis & Appleton in Virginia
(10). She is serving a four-year term on
Beach has been elected to a one year term
the Middletown City Schools Board of
Sharon Aizer serves full-time as an
as chair-elect of the railroad law section
Education.
assistant public defender in Tennessee’s
of the American Association for Justice
22nd Judicial District. The district
during AAJ’s 61st annual convention
Jeffrey Webb has joined McDermott
comprises three rural counties along the
in Chicago, Ill. As an officer, Cooper
Will & Emery as partner in the trial
Alabama line and one to the north toward
is expected to become chair of the AAJ
department in the firm’s Boston office.
Nashville. Sharon serves in the courtroom
railroad section in 2008. The railroad law
His practice focuses on class actions,
and as the office appellate attorney. She
section of the AAJ promotes rail safety
internal investigations, complex
is divorced and has an 11 1/2-year-old
and protecting the rights of the public and
employment litigation, and commercial
Jack Russell terrier named Dixie and
railroad employees. Cooper’s practice is
litigation. He defends employers in multi-
an 11-month-old chocolate lab named
exclusively in plaintiff’s side railroad and
party cases, wage and hour class actions,
Summie, in honor of basketball coach
general personal injury law. He is married
employment discrimination class actions,
Pat Summitt. Sharon lives near Knoxville
with three children.
and ERISA class actions, and serves
and “gets to see lots of quality women’s
as nationwide lead counsel providing
college hoops!”
Michael S. Kun is a shareholder at
a coordinated defense of copy-cat
Epstein, Becker & Green, where he is
employment class actions fi led against a
Trevor Chaplick discussed his career
co-chair of the fi rm’s wage and hour
client in a variety of jurisdictions. He also
path in a Washington Post “New at the
practice group. He lives and works in Los
represents employers in arbitrations and
Top” piece in October. “My biggest break
Angeles, Calif. Kun and his wife, Amy,
lawsuits brought by highly compensated
occurred when I was recruited from
have a daughter, Paige (2), who “likes
senior executives.
Latham & Watkins, where I started my
the Wiggles but does not like lawyers,”
according to Michael. Michael’s short
story collection, Corrections to My
legal career, by Barry Taylor [’75]. I
1989
Memoirs, has recently been published
thought it was my worst interview of the
day. He thought otherwise and personally
recruited me to work for him and
in paperback, and his next book, The
John Guynn is a partner at Workman
shepherded my career. Barry ... now runs
Football Uncyclopedia, will be published
Nydegger specializing in intellectual
the West Coast office of Warburg Pincus,
in July.
property, and a member of the fi rm’s
one of the largest private-equity fi rms in
managing board. He has been married
the world. I basically owe my career to
Kevin Mullen has been named head
to Jessica for ten years and they have
him,” said Chaplick. Chaplick is partner
of the newly formed national security
four children.
and co-head of the Washington, D.C.,
practice group at Cooley Godward
office of Proskauer Rose, a law firm with
Kronish. The group’s attorneys, who have
more than 700 lawyers worldwide.
extensive government service experience,
represent clients in a range of industries,
including defense, technology, and life
66 | UVA Lawyer • SPRING • 2008
Class
Notes
Alumni Events
This year’s annual New York City
luncheon in March honored John
Jeffries ’73 in his last term as Dean.
The event took place in the grand
ballroom of the Yale Club.
From top: from left, Luis Alvarez ’88, Al
Carney ’74, UVA Asian Advisory Board
member Rob Colorina, and Judge
Bert Bunyan ’74
From left, Barry Bryer ’72, John Jeffries
’73, and Steve Guynn ’80
From left, David and Mary Harrison
Distinguished Professor of Law
Paul Mahoney, Bob Copps ’96, and
Christopher Green ’96
The Annual Washington, D.C. Donor
Recognition event was held in the
Senate Building in November. The
event was sponsored by Senator Kit
Bond ’63. The Senator was introduced
by Kendall Day ’02.
U.S. Senator Kit Bond ’63 (Missouri) and
Kendall Day ’02
From left, 1998 classmates David Chung,
Tom Antisdel, and Ray Krncevic, and
Elizabeth Leverage ’92
UVA Lawyer • SPRING • 2008
| 67
Class
Notes
Catharina Y. Min, a
torts, and products liability. He was
Joshua H. Soven has been named chief
partner at Reed Smith
named one of Virginia’s Legal Elite by
of one of the litigation sections of the
in San Francisco, has
Virginia Business magazine for 2006 and
Antitrust Division of the U.S. Department
been elected to the
2007, and also a Virginia Super Lawyer
of Justice, which focuses on antitrust
office of overseas
for 2007. Graves currently is president
enforcement in the health care, insurance,
president of the
of the Virginia Association of Defense
and retail sectors. Before assuming his
International
Attorneys, a statewide organization with
current position, he was an attorney-
Association of Korean
a membership of more than 800 lawyers.
advisor to the chairman of the Federal
Lawyers (IAKL). She will serve for two
In January he became chair of Sands
Trade Commission, Deborah Platt
years. IAKL was established in 1987 to
Anderson’s risk management practice
Majoras ’89, from 2004-2007, where he
promote better understanding of the
group. He resides in Chesterfield, Va.,
advised on a wide range of domestic and
Korean legal system, to provide a way to
with his wife, Jackie, and their son,
international antitrust matters involving
network, and to foster legal rights of
Terrence, Jr. (14).
pharmaceuticals, health care, and high-
Koreans.
technology industries.
Charles Kester’s firm, Kester & Isenberg,
Joe Snyder recently became vice president
celebrated its tenth anniversary this year.
and director of strategic development for
The firm is a litigation “boutique” located
the Atlanta office of First American Title
in Los Angles. Charles writes, “Business
Insurance Company, having left Alston
is brisk, but my family still knows
Former Supreme Court of Virginia Senior
& Bird in 2006. Snyder and his wife,
my name.” He is happily married to
Justice Elizabeth B. Lacy (LL.M.) recently
Julie, keep busy with their three children,
Kimberley for 12 years and the couple has
received the Virginia Bar Association’s
Teddy (9), Sam (6), and Kate (3).
three children, Jacqueline (10), Caroline
Distinguished Service Award. She was
(8), and John Charles (6).
the first to receive the award since it
Andrew Parker married Meredith
1992
was renamed for former Governor of
Caskey ’02 on September 29. The couple
Steve Okun continues to live in Singapore
Virginia Gerald L. Baliles ’67. Justice
resides in Washington, D.C.
with his wife, Paige, and sons, Bennett (7)
Lacy and Governor Baliles were honored
and Mason (5). Since 2003, he has served
at the Association’s annual meeting in
as vice president of public affairs for UPS
Williamsburg in January.
1991
in Asia.
Nona (Karnes) Massengill practices
Bob Carter and Stephanie (Young)
Kellie Raiford Appel is senior vice
employee benefits law with Williams
Carter ’92 live in Appomattox, Va., and
president and general manager of Turner
Mullen in Richmond, Va. She and her
are the proud parents of a daughter,
Trade Group, an ad sales division of
husband, Gary, have two sons, Christian
Courtney (12), and a son, Bryson (7). Bob
Turner Broadcasting System. She has been
(6) and Daniel (3).
is in solo practice in Appomattox and
with Turner since 1995 and in her current
Stephanie is heavily involved in church
role since 2001. Kellie lives in Atlanta with
Ted Mathas has been named chief
and volunteer activities.
her husband Evan and their two young
executive officer-elect by the board of
daughters, Allie (6) and Carly (4).
directors of New York Life Insurance
Company. Mathas has served as New York
Terrence Graves is a shareholder in
the Richmond, Va., office of Sands
Michael P. Routch became a shareholder
Life’s president since June 2007 and chief
Anderson Marks & Miller, where he
in the Hollidaysburg, Pa., office of
operating officer since May 2006. He will
primarily defends cases involving
McQuaide, Blasko, Fleming & Faulkner,
retain the president’s title upon assuming
transportation, premises liability, toxic
where he concentrates his practice in civil
the chief executive’s role in July.
litigation, real estate, business law, and
WANTED:
A few good annual giving volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
68 | UVA Lawyer • SPRING • 2008
Since 2002, Mathas has been a
estate administration. He and his wife,
member of the company’s executive
Shari Robbins Routch, have two daughters.
management committee, which is
comprised of New York Life’s senior
executive leadership and assists the CEO
in setting policy for the company. He also
serves on the board of Haier New York
Class
Notes
Life Insurance Ltd., the company’s joint
Jeffrey R. Wolters
potential irregularities that they do find
venture in China, and on the board of the
co-authored an article
in hopes of lenience. The man behind the
American Council of Life Insurers.
entitled “Analysis of
curtain who is making corporate counsel
the 2007 Amendments
tremble with fear is Mendelsohn. He is
California Gov. Arnold Schwarzenegger
to the Delaware
responsible for all criminal investigations
has named Carrie McIntyre Panetta
General Corporation
and prosecutions under the Foreign
to the Alameda County Superior Court
Law” that appeared in
Corrupt Practices Act (FCPA), as well as
bench. She has been an Alameda County
Corporation (August
principal policy responsibilities relating
deputy district attorney since 1999.
15). Wolters is in the Delaware corporate
to the OECD Convention on Combating
Panetta’s husband is Jim Panetta, an
law counseling group at Morris Nichols
Bribery of Foreign Public Officials in
Alameda County prosecutor.
Arsht & Tunnell in Wilmington. His
International Business Transactions. Those
practice focuses on corporate
who know him say that there is one way
Brent M. Milgrom,
transactions, and he often counsels
to stay on Mendelsohn’s good side: don’t
Jr., has been named
strategic and fi nancial investors, boards
bribe. Mendelsohn himself is quick to point
among the 2008 Legal
of directors, and board committees.
out that the DOJ has yet to bring charges
Elite in real estate law
by Business North
Carolina. Milgrom
against any companies that have had a
1993
‘meaningful compliance program’ already
Reunion Year
in place,” writes Ethisphere.
was also recognized as
a North Carolina
Harmeet K. Dhillon celebrated the one-
John Muleta and his start-up company,
Super Lawyer for 2008 by Law & Politics
year anniversary of her four-attorney
M2Z, were featured in the Washington
magazine for real estate. He is in the
law firm, Dhillon & Smith, based in
Post on September 24. Muleta’s goal is
Charlotte office of Parker Poe Adams
Union Square, San Francisco. The fi rm
to create a nationwide network for free
& Bernstein.
focuses on commercial litigation, real
Internet service and family-friendly
estate, entertainment, and counseling
content fi lters. To achieve this, M2Z
Jennifer Nelsen Colao and husband
private companies. Harmeet was recently
will need free airwaves from the U.S.
Andrew welcomed their third child,
honored by the National Asian Bar
government, and that means the seasoned
Catherine “Catie” Clare, in December.
Association as one of its “Best Lawyers
telecom regulator has to wrangle with the
Catie joins big brother, Christopher
Under 40” for 2007, in part for her pro
FCC and wireless and Internet giants.
(11), and sister, Caroline (8). Jennifer is
bono civil rights work. She lives on the
currently on a several-year hiatus from
crooked block of Lombard Street.
the practice of law, but is involved in
Joel Pierre-Louis is employed inhouse as an associate counsel at the
many volunteer activities in Bronxville,
Jill D. Jacobson was
State University of New York, System
N.Y., where the family resides.
recently elected
Administration, Office of University
co-managing partner
Counsel. He represents three individual
Vytas Petrulis was
of Bowman and
SUNY campuses and is responsible for
named by H Texas
Brooke in the
all legal matters, providing strategic legal
magazine as one
Richmond, Va., office.
and policy analysis services to the State
of Houston’s
The firm defends
University trustees, the chancellor, college
“Professionals on the
corporate clients in
presidents, administrators, and related
Fast Track.” He was
high-stakes product liability and
foundations and associations. He is also
chosen as among the
commercial litigation.
an adjunct professor at the University
at Albany.
best in his field by his
peers. Petrulis is a partner in the business
Mark Mendelsohn was voted one of the
transactions section of Jackson Walker in
“100 Most Influential in Business Ethics in
Bryan Scheiderer is a solo practitioner in
Dallas and practices in the areas of energy,
2007” by Ethisphere magazine. “In the past
Rolla, Mo., handling plaintiffs’ work and
real estate, and corporate law.
five years, the DOJ has investigated more
criminal defense. Last year he represented
international bribery cases than in the prior
a client in a federal drug conspiracy
20,” states Ethisphere. “More and more
trial that ended in acquittals, and he
multinational corporations are beefing up
convinced the Eighth Circuit to overturn
their international compliance programs,
summary judgment for the employer in
as well as self-reporting to the DOJ any
UVA Lawyer • SPRING • 2008
| 69
Class
Notes
1995
an employment case (Charles E. Gunter,
Lois Casaleggi and her husband, David,
Jr. v. William Morrison, et al.). He and his
welcomed their fi rst child, Alexander
wife have a 3-year-old daughter, Ella.
James, in September. Lois works at the
In addition to practicing construction
University of Chicago Law School as
law at Holm Wright Hyde & Hays, Kirk
senior director of career services.
Hays has started a second career as a
Robert J. Schmidt, Jr.,
professional artist. He recently fi nished
was selected for
inclusion in Best
Mike Girard is currently serving as
his third one-man show at the Art One
Lawyers in America
managing partner of Klarquist Sparkman,
Gallery in Scottsdale, Ariz. His artwork
2008 in environmental
a full-service intellectual property fi rm
may be seen at www.kirkhaysart.com.
law. He is a partner
with offices in Portland, Ore.; Reno,
with Porter Wright
Nev.; and Seattle. He continues to live in
Janice Johnston received an Emmy Award
Morris & Arthur in
Portland with his wife, Karen.
for her work as a supervising producer of
the Columbus, Ohio, office. He represents
Good Morning America.
clients in all major environmental
Andy Keyes is a commercial litigator at
programs, including the Clean Air Act,
Williams & Connolly in Washington, D.C.
Jim Morse and Julia Rasnake Morse
Superfund, Clean Water Act, solid and
He lives in Arlington, Va., with his wife,
live in Tempe, Ariz., with their three
hazardous waste, agricultural issues, and
Cathleen Trail, and their two children,
children, Anna (8), Rebecca (5), and
emergency planning.
Aidan (3) and Gracie (9 months).
Clara (3). Julia continues to clerk for
Judge Michael D. Hawkins (LL.M. ’98)
1994
Chap Petersen was recently elected to
on the Ninth Circuit Court of Appeals,
the Virginia State Senate representing
and Jim recently accepted a position as
Fairfax County.
an Assistant U.S. Attorney for the
District of Arizona.
Karen (Balter) Alaniz is a senior
employee relations specialist at Los
Robert A. Sturgell has been nominated to
Alamos National Laboratory. She lives
head the Federal Aviation Administration
Wilfredo Pesante has joined the New
in Los Alamos, N.M., with her husband,
for the next five years. The former Navy
York office of Phillips Nizer as a partner
Alex, a weapons physicist, and their two
fighter pilot flew commercial jetliners,
in the corporate law department. He
children, Maricela (7) and Antonio (2).
then served as senior policy advisor
will continue his business law practice
at the National Transportation Safety
focusing on information technology,
Jorgan Andrews is Director for Central
Board before joining the FAA as deputy
entertainment, and real estate, assisting
Asia in the National Security Council at
administrator in 2003.
entrepreneurs and business leaders
the White House. He lives in McLean,
As FAA Administrator, Sturgell
with the transactions and negotiations
Va., with his wife, Sara Craig, and their
regulates commercial and private aviation
necessary in the raising of capital for their
three children: Soren (6), Karsten (4), and
in the United States. He leads the 43,000
new and growth companies.
Dagny (10 months).
FAA employees who operate and advance
the safety of the world’s largest air
Christopher Ray has been promoted from
Brett Braude works with Spectrum,
traffic control system and most complex
principal to managing director at Natural
a gaming consulting and business
network of airports. He also oversees the
Gas Partners, a private equity firm that is
intelligence group that has a regional
agency’s day-to-day operations, capital
a $5 billion family of funds that invests in
office in Bangkok. From there he shuttles
programs and modernization efforts.
the energy industry. Ray also continues to
serve as general counsel of NGP. He lives
back and forth to Hong Kong, Macau,
and Manila.
Brigen Winters is a principal at Groom
in Dallas with his wife, Kathy, and their
Law Group in Washington, D.C. He lives
son, Donovan (4).
in Arlington, Va., with his wife, Jennifer,
WANTED:
A few good annual giving volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
and their three sons: Jake (6), Drew (4),
John Zacharia is a trial attorney with
and Nick (1).
the U.S. Department of Justice computer
crime and intellectual property section,
where he prosecutes large-scale, multijurisdictional intellectual property
crimes and coordinates domestic and
international intellectual property
enforcement training and outreach. He
70 | UVA Lawyer • SPRING • 2008
Class
Notes
is currently co-counsel in U.S. v. Lam, et
representation of a hospital regarding
Mark Vacha was promoted to partner
al., one of the largest counterfeit goods
medical decision-making rights; his work
(non-equity) at Dilworth Paxson in
prosecutions in U.S. history. He was
on patient visitation issues and access to
Philadelphia in 2007. His area of practice
formerly a trial attorney with the Justice
medical records; and representation of a
is public fi nance.
Department’s Federal Programs Branch,
large biotech company in a collaboration
where he was the government’s lead
agreement dispute. He was selected by
counsel in federal district court cases
Law & Politics as a Super Lawyer and
involving constitutional challenges to
Rising Star in the state of Massachusetts
a variety of intellectual property laws,
in 2005, 2006, and 2007. He is a senior
Carlos Albarracín (LL.M.) has joined
including Kahle v. Gonzales, RIAA v.
associate with Mintz Levin in Boston,
Chadbourne & Parke as partner in
Verizon, and 321 Studios v. MGM Studios.
where he practices in the health law and
the New York office and will focus in
litigation sections.
the areas of corporate law and matters
1996
1997
involving Latin America, including
Leezie Kim joined the
debt and equity offerings, cross-
staff of Arizona
border mergers and acquisitions, debt
J. Scott Ballenger was featured in a
Governor Janet
restructuring, and project and bank
September Legal Times article, “Legal
Napolitano ’83 as
fi nancing. Before joining Chadbourne &
Team Fights to Loosen FDA Restrictions.”
general counsel in
Parke, Albarracín had been partner at the
Ballenger, with the Washington, D.C.,
February. Kim had
Argentine fi rm of Allende & Brea.
office of Latham & Watkins, is doing pro
been a partner with
bono work on behalf of patients with
Quarles & Brady in
Laura D. Burton
terminal illnesses. He argues for the
Phoenix and practiced in the areas of
has been included
fundamental right for a patient to have
healthcare, mergers and acquisitions,
in the list of Best
access to drugs still in development. The
securities law and corporate counseling,
Lawyers in America
FDA currently denies access to drugs until
representing clients of all sizes.
2008. She is with
they have passed at least three clinical
Smith Moore in the
trials that prove their safety and efficacy,
Eric Perkins, a principal with the
and that process takes years.
Richmond, Va., law fi rm Hirschler
Fleischer, has been appointed to serve on
Greensboro, N.C.,
office, where she
practices immigration law.
Josiah Black is a co-founding partner
the Virginia Department of Professional
of the Boston firm of Bello Black &
and Occupational Regulation’s advisory
Brian W. Byrd has
Welsh. The firm specializes in labor and
board that regulates professional boxing,
been named in Best
employment litigation.
wrestling, and mixed martial arts.
Lawyers in America
Laura Flippin has been elected to the
Paul J. Stancil and his wife, Christine
Business North
partnership of Paul Hastings Janofsky &
Hurt, teach at the University of Illinois
Carolina’s 2008 Legal
Walker. She specializes in government
College of Law in Champaign-Urbana.
Elite in real estate law.
investigations, corporate internal
They have a daughter, Carter (8), and
investigations, corporate compliance,
sons, Luke (6) and Will (born September
and complex civil litigation matters in
20). “We don’t sleep much,” Paul says.
2008, and as one of
the Washington, D.C., office.
He is with Smith
Moore in Greensboro, N.C.
Jeremy Huffman is a founding partner of
Todd A. Suko was profi led in the National
Huffman Riley Kao, a Washington, D.C.,
Garrett Gillespie has been named a 2007
Law Journal in September in a piece
firm specializing in export and import
Outstanding Healthcare Litigator by
entitled “Navigating a Turnaround.” The
compliance issues. He lives in Leesburg,
Nightingale’s Healthcare News, a monthly
piece highlights Suko’s role in the success
Va., with his wife and three children.
publication for the health care industry.
of United Agri Products Inc. (UAP), once
Gillespie was acknowledged for his
an underperforming unit of ConAgra
Julia Anne McDonough has been
achievements, including his work on an
Foods. UAP is one of the world’s largest
promoted to counsel at Bryan Cave
appeal for Medicare reimbursement; his
distributors of chemicals, fertilizer, and
and is based in the Washington, D.C.,
seed. Suko is vice president, general
office. Her practice focuses on securities
counsel, and secretary of UAP, which is
enforcement, regulation, and litigation.
based in Greeley, Colo.
She has represented major public
UVA Lawyer • SPRING • 2008
| 71
Class
Notes
companies, broker-dealers, accounting
securities law. He represents privately held
firms, and individuals under investigation
and publicly traded emerging growth and
by the SEC, the NYSE, the NASD, and
established companies, both domestic
state securities regulators.
and foreign, as well as investment banking
institutions, high net worth individuals,
John Park was named a partner at
and other investors.
Morgan Lewis. He focuses on venture
capital and corporate transactions in the
Marylou Brown Houston and Brent
firm’s Palo Alto office.
Houston warmly welcomed their second
son, Wyatt Henry Houston, on
Chung and Perkins
Chance Encounter
Salmon A. Shomade reports that 2007 has
September 5. Wyatt joins a gaggle of
been a great year for his family. His wife,
Law ’98 babies born in Denver in 2007,
Beretta Smith-Shomade, was awarded
including Porter William Coates Lear, son
What are the chances of two UVA Law
a Fulbright Fellowship for the 2007-08
of Melani and Coates Lear, and Tate
grads sitting next to each other in
academic year. Her second book, Pimpin’
Timothy Ritacco, son of Ann Ayers and
business class when returning to the
Ain’t Easy: Selling Black Entertainment
Mark Ritacco. Wyatt and his big brother,
United States from São Paulo? David
Television, has been published. Shomade
Magnus, look forward to their fi rst trip to
Chung ’98 was scheduled to leave
completed his Ph.D. in management, with
Charlottes-ville for the class reunion in
São Paulo the previous night, but his
a concentration in public administration
May.
flight was cancelled when the pilot
and policy and a minor in political
became ill. On the next day’s flight he
science. In October, they welcomed their
Christian D. Hancey
discovered he was sitting next to Joe
daughter, Zolacatherine Bolaji Smith-
has been named a
Perkins ’89.
Shomade, to the world. Their son and fi rst
partner with Nixon
child, Salmoncain, is now 3-and-a-half
Peabody in the
years old. The family lives in Tucson and
Rochester, N.Y., office.
Shomade and Smith-Shomade are on the
He practices in the
Todd Tidgewell has
faculty of the University of Arizona.
labor and
been named a partner
employment group,
in the Albany, N.Y.,
where he focuses on employee benefits
office of Nixon
and executive compensation. He helps
Peabody, where he
employers develop and administer their
practices in the
Matthew J. Bassuir, who serves as a federal
employee benefit plans and advises on
venture capital
prosecutor with the U.S. Department of
compliance issues. He also advises
emerging growth and
Justice’s computer crime and intellectual
companies regarding executive
technology group. He advises clients in
property section, was the 2007 recipient of
compensation, including stock award
venture capital transactions, issues related
the U.S. Chamber of Commerce Award for
plans, incentive compensation plans, and
to emerging technology businesses, and
Distinguished Service as a Federal
employment and severance agreements.
matters related to private equity invest-
Government Official. During the award
Hancey lives in Pittsford, N.Y, with his
ment. Tidgewell works with investors and
presentation, the U.S. Chamber of
wife, Suzanne, and their four children.
venture-fi nanced companies based on
1998
Reunion Year
capital fundraising and investment, deal
Commerce president and CEO, Tom
Donohue, described Bassuir as “a true
In July of 2007, Tara Newmyer gave
negotiation, mergers and acquisitions,
judicial advocate for IP protection” and
birth to her second daughter, Rangeley
and general corporate matters. He is a
expressed his gratitude for Bassuir’s work
Newmyer, who joins big sister, Lucy. Tara
member of the Upstate Venture Associa-
in the field. Prior to joining the U.S.
joined the national board of NARAL Pro-
tion of New York and has been involved in
Department of Justice, Bassuir served
Choice America in September.
the Venture B Plan Series and the Summit
in Tech Valley Business Plan Competi-
more than seven years as an assistant
district attorney with the New York
In May 2007, Elisabeth Stewart Bradley’s
tion. Tidgewell continues to serve as
County District Attorney’s Office.
first child, Douglas McNett Bradley, was
member of the drafting committee of the
born. Stewart Bradley is still working
National Venture Capital association’s
John Bessonette has been named a partner
at Cadbury Schweppes and the family
Standard Forms Project.
at Kramer Levin in New York, practicing
continues to enjoy living in Hoboken.
in the areas of general corporate and
72 | UVA Lawyer • SPRING • 2008
Class
Notes
Joshua Waxman has been promoted to
engineering/technology firm. They have
George O. Peterson was named in
partner with Akin Gump Strauss Hauer
recently renovated a 1900’s row house and
the December issue of Washingtonian
& Feld in Washington, D.C. Waxman’s
are expecting their fi rst child.
magazine as one of the 800 top lawyers
practice focuses on complex and class
(or one percent of attorneys) in the D.C.
action labor, employment litigation, and
area in the category of defense attorneys.
related matters.
He was also listed among “Defense
attorneys that Washington’s plaintiff
lawyers privately say they least like to
1999
see.” He is with Sands Anderson Marks &
Miller in McLean, Va.
James Boyle has been named a partner at
Finnegan, Henderson, Farabow, Garrett &
Michael C. Rakower was one of eight
Dunner in the Reston, Va., office.
lawyers recently named by Lawyers USA
as on a “Fast track to making a significant
Alex Brown has been named partner at
Bart Epstein was a winner in the Norton
impact” on the legal profession. He has a
Bricker & Eckler in Columbus, Ohio.
Cyber Smackdown at CES 2008,
solo practice in New York City.
He practices in the area of transactional
co-hosted by “Are You Smarter Than a
law and is chair of the technology and
5th Grader” whiz kid Nathan Lazarus,
intellectual property practice group.
Lauren Nelson (Miss America 2007), and
Symantec Internet safety advocate,
C. Simon Davidson has been made a
Marian Merritt. Bart is chief legal counsel
partner with McGuireWoods in the
and Internet safety advisor for Tutor.com.
Washington, D.C., office. He represents
individuals and organizations under
David Finkelson has been made partner
investigation by entities of federal
with McGuireWoods in the Richmond,
and state government, including the
Va., office. He focuses on intellectual
Department of Justice, the Securities
property litigation, including patent,
and Exchange Commission, and the
trademark, trade dress, copyright, trade
Mark Rankin and his wife, Rachel,
Office of the Inspector General. He
secret, and domain names.
celebrated the birth of their twin sons,
practices commercial litigation as well,
Adam (left) and Jack (right) on August 6,
including securities class actions and
Ben E. Fox was elected partner in
contract disputes, and advises clients
Bondurant Mixon & Elmore, a 14-partner
on government ethics requirements
complex litigation firm in Atlanta.
Riley H. Ross III has joined Drinker
and other issues affecting government
Fox’s practice concentrates on litigation
Biddle & Reath as senior associate in
employees. His column, “A Question of
involving state and federal RICO laws,
the Philadelphia office, where he will
Ethics” regularly appears in Roll Call.
the False Claims Act, business torts, and
focus on areas of white collar crime and
misappropriation of trade secrets.
corporate governance. Along with Michael
2007.
Nachmanoff ’95 and Geremy Kamens ’97
Erdal R. Dervis
has been named a
William Mann has been named a
he played a significant role in the recent
partner at Baker &
partner at Mayer Brown. He resides in
landmark Supreme Court decision of
Hostetler. A member
Washington, D.C., with his wife, Fatima
Kimbrough v. U.S., in which the Court made
of the business group,
Sulaiman, and their two-year-old twins,
a considerable ruling regarding discretion
he focuses on
Miles and Leila.
and the crack-powder cocaine disparity.
intellectual property
law in the
Washington, D.C., office.
Justin Ochs has been elected partner at
Wilmer Cutler Pickering Hale and Dorr.
He is a member of the corporate group in
Corey Detar is in the general counsel’s
Washington, D.C., where he has a general
office for the Pennsylvania Higher
corporate and securities practice.
Education Assistance Agency, located
in Harrisburg. His wife, Alison, is
WANTED:
A few good annual giving volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
director of communications for a large
UVA Lawyer • SPRING • 2008
| 73
Class
Notes
The case challenges the 100 to 1 powder/
intellectual property law, especially
provision of the Sarbanes-Oxley Act. He
crack cocaine disparity. Although Ross left
patent portfolio development,
is with the Employment Law Group in
the Defender’s office in 2006, he remained
procurement, and litigation.
Washington, D.C.
involved with the case and attended oral
James M. Wilson has
argument at the Supreme Court.
been named a
2001
Yannis Stamoulis (LL.M.) recently
principal at Buist
joined Coca-Cola’s Hellenic Group Legal
Moore Smythe
Christian Atwood has been named
Department as an international antitrust/
McGee, where his
partner with Choate, Hall & Stewart in
competition counsel in Athens.
practice focuses on
the private equity group in the Boston
real estate and
office. He focuses his practice on the
business acquisitions,
representation of venture capital and
Mark Stancil was co-instructor to the
Law School’s Supreme Court Litigation
dispositions, fi nance, and development.
private equity funds through all phases
Clinic when it registered its fi rst win in a
He is in the firm’s Charleston, S.C., office.
of their investment processes, working
with institutional investors, portfolio
case brought before the Supreme Court
in October. The case involved a Louisiana
Kent Workman was
companies, and management teams in
man who traded doses of OxyContin for
recently named
negotiating and structuring leveraged
a pistol. Federal law makes it a crime to
partner at Parker Poe
buyouts, mergers and acquisitions, equity
“use” a gun during a drug offense. At
Adams & Bernstein in
and debt fi nancing, and recapitalization.
issue in Watson v. US was how to defi ne
the Charlotte office.
the word “use.” Justices ruled 9-0 on
He works in business
Ryan Coonerty has been elected Mayor
behalf of the petitioner. Stancil is an
law and represents
of Santa Cruz, California. He teaches
appellate litigator with Robbins, Russell,
public and private
constitutional law at University of
Englert, Orseck, Untereiner & Sauber, in
companies, private equity, and other
California Santa Cruz and has recently
Washington, D.C. (Full story: www.law.
investor groups.
published Etched in Stone-Enduring Words
from our National Monuments with the
virginia.edu/html/news/2007_fall/watson.
htm)
National Geographic Society. For any
2000
alumni who fi nd themselves in Santa
Cruz in the next year, Ryan promises to
Jean-Claude André was one of eight
make you “honorary citizens of his city.”
lawyers recently named by Lawyers USA
as being on a “Fast track to making a
James Fajkowski works for K&L Gates
significant impact” on the legal profession.
in Boston as an intellectual property
attorney focusing on corporate
Scott C. Holbrook has
transactions, patent prosecution, and
been named a partner
patent litigation. He and his wife, Risa
with Baker &
Fajkowski, have two children: Wyatt (3)
Hostetler in the
and Eva (9 months).
Cleveland office,
Jason Throne and Aileen Supeña Throne
where he is a member
Steven Geiszler recently joined the Dallas
welcomed their fi rst child, John Paul, on
of the litigation group
office of Gibson, Dunn & Crutcher. He
and concentrates on
is an associate in the fi rm’s intellectual
October 8. Jack weighed 6 lbs., 11 oz., and
property practice group and focuses on
measured 20 inches.
complex commercial litigation.
Maria (Whitehorn) Votsch and her
Tonya Sulia Goodman and her husband,
husband, Viktor, are happy to announce
Gregg, welcomed their fi rst child, Gianna
Nestor Gounaris, who is with China
the birth of their son, Nicholas Wolfgang
Rose Goodman, on October 24.
Solutions in Shanghai, reunited with fellow
patent litigation.
alumni at the wedding of Scott Fink ’02
Votsch, on May 9, 2007.
Jason Zuckerman was recently quoted
Chad Walters has joined Baker Botts
in the Financial Times and the National
as partner in the Dallas office. His legal
Law Journal concerning the whistleblower
concentration focuses on all areas of
and Christine Genaitis ’02 in October.
Michael K. Hendershot II has been
named a 2008 Illinois Rising Star by Law
& Politics. He is with Brinks Hofer Gilson
74 | UVA Lawyer • SPRING • 2008
Class
Notes
& Lione in Chicago, where his practice
litigation, with an emphasis on
focuses on trademark and copyright
employment litigation, commercial
litigation and Internet-related litigation
litigation, and class actions.
2003
Reunion Year
Jose Rivarola (LL.M.) joined the
litigation practice at Payet, Rey, Cauvi
and counseling.
Scott Fink and Christine Genaitis were
in Lima, Peru, in 2006.
Sarah Hennigan Ostergaard is a stay-
married in Memorial Church at Harvard
at-home mother of three: Jack (5), Will
University on October 7. Christine’s
Kelly Sutherland and Andrew Pontano
(4), and Katie (1 1/2). She recently moved
Law School roommate, Lesley Pate, was
were married on December 30 in New
from Washington, D.C., to Asheville, N.C.
a bridesmaid, and several members of
Orleans. Fellow UVA Law alumni in
Section F took part in the festivities as well,
attendance were Robert Clarke, Eric
John K. Henning joined Ogletree
including Laura VanDruff, Tom Jeon,
Davis, Nathan McGlothlin, Andy
Deakins Nash Smoak & Stewart, P.C., in
Matt Oakes and Adam Tucker. Nestor
Toebben, Carlos Kuri, Cherie Dawson ’04,
Indianapolis, Ind., where he will focus on
Gounaris ’01 even flew in from China
and Michelle Fetterman ’04. Andrew is
employment litigation. Ogletree Deakins
for the big day. Scott and Christine live
a structured finance associate at Dechert,
specializes in labor and employment law.
in Arlington, Mass., and work in Boston,
and Kelly is associate counsel at CKX, Inc.,
Prior to this position, John practiced with
where Christine is a litigation associate at
a media and entertainment company. The
Baker & Daniels.
Goodwin Procter and Scott is a litigation
couple resides in Brooklyn, N.Y.
associate at Cooley Manion Jones.
Amy H. Pannoni has been named a
2004
partner at Davis Wright Tremaine in
Bernd J. Hartmann
the Seattle office, where she focuses on
(LL.M.) has been
employment law.
appointed a young
Dara Kesselheim is
fellow to the Academy
one of 15 attorneys
Celeste Peiffer is in-house corporate and
of Arts and Science in
selected for the Boston
securities counsel for Amedisys, Inc., in
his home state in
Bar Association’s
Baton Rouge, La. She lives in New Orleans
Germany. Hartmann
prestigious Public
(currently in the French Quarter) with
is a senior research
Interest Leadership
her husband, their dog, Cleo, and cat,
fellow at Muenster University Law School,
Program (PILP). The
Ramona.
where he is writing a book on
program encourages
Geoff Sigler and Melissa Moore Sigler
compensation claims against the
and supports talented and highly
government. This will be his second book.
motivated young lawyers who have
welcomed their fi rst child, Thomas
demonstrated exceptional commitment to
Moore, on November 13. The family
James D. Honaker
pro bono, public service, or organized bar
resides in Alexandria, Va.
co-authored an article
activities. Kesselheim practices with the
entitled “Analysis of
major commercial litigation and
the 2007 Amendments
government enforcement and compliance
to the Delaware
groups at Choate, Hall & Stewart in
General Corporation
Boston. She will serve in PILP for one year.
2002
Meredith Caskey married Andrew
Parker ’90 on September 29. The couple
Law” that appeared in
Corporation (August
Irina Khanin left Miller, Earle and
resides in Washington, D.C., where
15). Honaker focuses on corporate
Shanks in Luray, Va., in February 2006, to
Meredith recently became a partner at
governance issues involving the Delaware
spend more time with her daughter. She
McDermott Will & Emery.
General Corporation Law. He is in the
joined Janney & Janney, also in Luray, six
Delaware Corporate Law Counseling
months later. She now works part-time
J.W. Nelson Chandler
Group at Morris Nichols Arsht & Tunnell
doing mostly research and drafting. The
was recently named
in Wilmington, Del.
family is expecting another daughter in
the summer.
partner at Parker Poe
Adams & Bernstein in
Najwa Nabti Russo recently joined the
the Charleston office.
Office of the Prosecutor, Appeals Unit, of
In November, Debra Todd (LL.M.) was
He concentrates his
the International Criminal Tribunal for
elected to the Pennsylvania State Supreme
practice in the area of
the former Yugoslavia. The ICTY has its
Court, becoming the second woman to be
complex civil
office in the Hague, Netherlands.
elected to the state’s highest court.
UVA Lawyer • SPRING • 2008
| 75
Class
Notes
2005
the legal department, working directly
Audrey Wagner is a second-year associate
with the general counsel and fund
in the Washington, D.C., office of
Chris Calsyn married Maura Dalton on
managers on fund formation documents,
Dechert. She represents mutual funds
October 6 at King Family Vineyards near
prime brokerage agreements, and swap
and hedge funds and negotiates swaps
Crozet, Va. He is with Crowell & Moring
and derivative agreements, as well as
on behalf of both. She ran her third
in Washington, D.C.
other contract and legal issues. He will
marathon in March.
commute from his home in New York
Elizabeth Reilly-Hodes is an associate in
City to Diamondback’s Stamford office.
Olivier Winants (LL.M.) joined the
the commercial litigation department of
Buenos Aires law firm Fortunati &
Pepper Hamilton in Philadelphia.
Asociados in January, after volunteering
for four months for the Flemish
Daniel V. Shapiro joined Stillman,
Organization for the Promotion of
Friedman & Shechtman in January. He is an
Educational Human Rights (a Belgian
associate in the firm’s New York City office.
NGO in Antwerp) and taking a ninemonth sabbatical in South America.
2006
2007
Jason R. Brege has joined Smith
Anderson in Raleigh, N.C., and will
Deborah A. Kaplan
practice corporate, commercial
Tiffany Marshall and James Graves III
has joined Baker
transactions, and bankruptcy law.
were married on October 13 at the
Hostetler in the fi rm’s
Moana-Surfrider Resort in Honolulu,
New York office.
Lindsay Buchanan and Josh Burke were
Hawaii. Chief Justice Ronald T. Y. Moon
married September 8, 2007, at DelFosse
of the Hawaii Supreme Court presided
Vineyards near Charlottesville. Many
over their ceremony. Parents and siblings
Virginia Law grads were in attendance, in
were able to attend the event, after which
particular representatives from Section
the couple honeymooned in Maui.
Joseph A. Ponzi has
I: Mike Buchwald, Tom Lerdal, Andy
Tiffany and James reside in Jackson,
joined Brooks, Pierce,
Spital, James Tysse, Lee Kolber, and
Miss., where they practice law with
McLendon,
Cat Cockerham. In addition, Molly
Watkins & Eager and Wise Carter,
Humphrey & Leonard
(Cummins) Scott, Jennifer Cleary, Sarah
respectively.
in the firm’s
Marks, and Tom Wintner were all part of
the wedding.
Greensboro, N.C.,
Juan Pinzon (LL.M.) joined Citigroup
office.
in January 2007 as corporate lawyer in
Tae-Jin Cha (LL.M.) opened his own fi rm
charge of cash management and custody,
Christopher T. Sukhaphadhana has
in Seoul, Korea, with other lawyers from
both local and international. He is
joined Brinks Hofer Gilson & Lione as
major Korean law practices. He previously
also personally investing in biodiesel
associate in the fi rm’s Chicago office. His
worked for Yulchon, one of the five largest
businesses in Colombia.
practice focuses on patent litigation and
Korean law firms.
patent prosecution.
Lars Rueve (LL.M.) transferred from the
Michael “Jake” Ewart has joined the
New York office of Sullivan & Cromwell
Seattle firm of Hillis Clark Martin &
to the fi rm’s office in Frankfurt,
Peterson as an associate. His practice will
Germany. He advises international
emphasize business litigation matters.
clients on securities and on mergers and
acquisitions.
James R. Lederer has left Skadden,
Arps, Slate, Meagher & Flom, where he
had been a corporate fi nance associate,
to become counsel at Diamondback
Advisors CT, a Stamford, Conn., based
multi-strategy hedge fund. He joins
76 | UVA Lawyer • SPRING • 2008
In
Memoriam
Frank Bartow McDonald, Jr. ’30
Iowa, La.
December 31, 1994
Honorable William L. Winston ’48
Arlington, Va.
November 6, 2007
Edward H. Deets, Jr. ’53
Chesapeake, Va.
November 18, 2007
Bruce H. Roberson ’66
Tampa, Fla.
December 26, 2007
J. Howard McAllister ’33
Burlington, Wis.
Roger F. H. Leclere ’49
Charlottesville, Va.
December 6, 2007
W. Laird Stabler, Jr. ’55
Montchanin, Del.
February 24, 2008
George J. Wallace ’67
Alexandria, Va.
February 20, 2008
Catharine P. Miller ’49
Fredericksburg, Va.
December 11, 2007
John Shepherd Burr ’58
Claverack, N.Y.
October 18, 2007
J. Gerard Zoby ’68
Virginia Beach, Va.
October 5, 2007
Peter A. Aduja ’50
Kaneohe, Hawaii
February 19, 2007
Honorable Phillip E. Cox ’58
Hardy, Va.
December 19, 1998
Thomas D. Hamill ’71
New Market, Tenn.
February 19, 2008
W. Gibbs Herbruck ’50
Aiken, S.C.
February 15, 2008
George E. Peterson, Jr. ’58
Hamden, Conn.
October 25, 2007
Gerald B. Cleary ’76
Westford, Vt.
April 21, 1998
Robert F. Morten ’50
Portland, Ore.
October 14, 2007
Ray Y. Jones ’59
Newport News, Va.
February 9, 2008
J. Christopher Kennedy ’76
Los Angeles, Calif.
October 21, 2007
Franklin E. Parker III ’50
Mendham, N.J.
February 1, 2008
McDonald Yawn ’59
Memphis, Tenn.
February 26, 2008
John H. Underwood III ’77
Portsmouth, Va.
March 2, 2008
John B. Russell ’50
W. Hartford, Conn.
December 20, 2007
Joseph W. Barnett, Jr. ’65
Billings, Mont.
January 20, 2008
Joseph J. Wheeler ’78
San Diego, Calif.
January 17, 2008
Joseph C. Carter, Jr. ’51
Richmond, Va.
January 7, 2008
John B. Fuller ’65
Alexandria, Va.
November 27, 2007
Danni J. Hagg ’84
Chicago, Ill.
September 20, 2007
William B. Lawson, Jr. ’51
Arlington, Va.
November 21, 2007
Peter A. Kalat ’65
Bedford, N.Y.
December 1, 2007
Tad S. Pethybridge ’90
Saint Cloud, Minn.
January 7, 2007
John R. Hanley ’52
Alexandria, Va.
March 1, 2007
Thomas M. Patrick, Jr. ’65
Greenville, S.C.
October 23, 2007
Jeffrey Lee Payne ’94
Richmond, Va.
December 3, 2007
William A. Morton ’52
Charleston, W.V.
November 26, 2007
Philip J. Bagley III ’66
Richmond, Va.
November 11, 2007
Honorable Nelson T. Overton ’52
Hampton, Va.
January 8, 2008
Sarah Wilcox Francis ’66
Fairfax, Va.
January 6, 2008
Honorable Franklin P. Backus ’36
Alexandria, Va.
October 7, 2007
Robert E. Goldsten ’40
Washington, D.C.
October 25, 2007
Honorable D. Francis Horsey ’40
Las Vegas, Nev.
February 3, 2008
James C. Sargent ’40
Charlottesville, Va.
January 11, 2008
Norris L. McComb ’42
Newport, R.I.
February 2, 2008
Fortescue W. Hopkins ’47
Roanoke, Va.
February 12, 2008
Lyell B. Clay ’48
Charleston, W.V.
November 15, 2007
Edward A. Gage ’48
Exeter, N.H.
October 5, 2007
Robert C. Grasberger ’48
Newtown Square, Pa.
July 31, 2007
Charles E. Kelly ’48
Springfield, Va.
November 28, 2007
William A. Webb ’48
Simsbury, Conn.
September 28, 2007
UVA Lawyer • SPRING • 2008
| 77
In Print
NON FICTION
athletes. The author examines how sports,
Progeny; International Law: The Domestic
money, sex, the media, race, and the legal
Impact; and International Law: Interstate
Triple-Threat Discovery Forms
system interact, often to the detriment of
Conflicts. Rich in background and insights
Trey Cox ’95 and R. Rogge Dunn
the athletes. The hard-hitting book pulls
into important
in
James Publishing
no punches in exposing the dark side of
ccontroversies and key
The pattern documents found in
sports stardom and assigning the blame.
developments in the
d
this collection of discovery forms were
From O.J. Simpson to Barry Bonds, from
field, the book will be
designed to help litigators take charge
youth league players to local stars, Jackson’s
vvaluable to scholars,
in the early discovery rounds. By forcing
conclusions will startle most.
practitioners, and
p
opposing counsel to react instead of attack,
students alike.
st
“Is America ready for a book that
John Noyes has
it’s possible to keep them from advancing
looks so intensely, so honestly — so
their own cases. The detailed forms, each
uniquely — at the issues of race, media
drafted by a veteran trial attorney with
and sport? Thanks to Don Jackson, we’re
international law and law of the sea. He
wide-ranging experience, are useful for
all about to find out,” notes Gregg Doyel,
is professor of law at California Western
personal injury, employment, business,
columnist
for CBS
c
and insurance cases. The collection weaves
SportsLine.com.
S
Don Jackson is
together interrogatories, requests for
taught courses in
ta
School of Law in San Diego.
Criminal Law and Procedure
admissions, and requests for production
a sports attorney and
John M. Scheb LL.M. ’84 and John M.
into an effective tool for “first-strike”
former
athlete. He
fo
Scheb II
capability. A full-text CD that can be
researched
hundreds
re
Thomson/Wadsworth
searched by key word, case name, or topic
of
o incidents involving
is included. The book is available at the
African
American
A
for Criminal Law and Procedure courses
athletes
for this book,
a
in departments of political science,
publisher’s link, www.jamespublishing.com/
books/ttf.htm.
Co-author Trey Cox has extensive
courtroom experience in state and federal
This book was written specifically
from youth league players to Hall-of-
legal studies, sociology, criminal justice,
Famers. The book is available at www.
criminology, and the administration of
iuniverse.com.
justice. Appropriate for a combined course
trials and lectures throughout Texas on
in law and procedure,
trial advocacy, trial strategy, and complex
International Law Stories
it includes historical
litigation. He practices with Lynn Tillotson
John E. Noyes ’77, Laura A. Dickinson,
background
and
b
& Pinker in Dallas.
and Mark W. Janis
has
h been updated to
Foundation Press
cover
co recent Supreme
Fourth Down and Twenty
Five Years to Go:
The African American Athlete
and the Justice System
This book puts significant
Court
decisions and
C
international law cases in their social,
other
developments
o
political, and historical context in 16
essays by leading experts in the field. The
in criminal justice.
Judge John M. Scheb served for
Donald Maurice Jackson ’90
essays include stories that describe the
years on Florida’s Second District Court
The Sports Group
development of international human rights
of Appeal, and in 1991 he founded an
law; stories about the use of international
American Inn of Court in Sarasota County.
In this groundbreaking book,
Donald Jackson chronicles controversies
law in the U.S. legal system; and stories
and arrests involving African American
about the impact of international law on
sports figures and takes a critical look at
interstate politics.
the system that seems to condone and
support inappropriate conduct by these
The book is organized into three
major sections: Nuremberg and Its
UVA Lawyer • SPRING • 2008
| 79
In Print
Killer Heat
through a narrator who delivers a weird
Correction:
C
Linda Fairstein ’72
speech after receiving an award for the
In the Fall 2007
Doubleday
“Best Interoffice Email (Nonviolent)
UVA
U Lawyer In
In her tenth legal thriller featuring
(Nonsexual).” In “One Last Story About
Print
section, we
P
Manhattan Assistant DA Alex Cooper,
Girls and Chocolate,” barbed conversations
create tension among guests at a party.
wrote
that Andi
w
Fairstein delivers a compelling story based
Silverman’s
children
S
partly on a 2006 crime. As she’s winding up
Kun also experiments
K
were
born 10
w
a rape trial, Cooper is called to the scene of
with a different format
w
months apart. They
a brutal beating in an abandoned building
in two other stories
are in fact 18 months apart. The first
near the Staten Island ferry. Soon a second
by telling part of his
b
baby was 10 months old when Andi
victim is found, and local officials want
narrative in footnotes.
n
became pregnant with the second.
the killer apprehended quickly to forestall
“Kun’s wit,”
a series of grisly headlines. The edgy plot
notes the Baltimore
n
unfolds in the sweltering summer heat of
Magazine, “is rooted in
M
self-reflection, along
se
Manhattan, as the prosecutor follows leads
FICTION
into secluded places that promise danger
with his ability to poke fun — sometimes
at every turn. Mystery, high-speed chases,
gently, sometimes not — at himself and
The Whole Truth
and compelling clues await readers of this
others.”
David Baldacci ’86
latest installment in the exciting life of Alex
Grand Central
Cooper. “Fairstein delivers a scorcher of
a crime novel — her
David Baldacci spins a thrilling tale
in The Whole Truth. As nations are headed
hottest yet,” according
h
toward deadly conflict, Nicholas Creel,
to Library Journal.
One of America’s
the head of the world’s largest defense
Michael Kun is in private practice in
Los Angeles, where he lives with his wife,
Amy, and their daughter, Paige.
The Pirooters
Mark Mellon ’87
contractor, and public relations schemer
foremost
legal experts
fo
Dick Pender maneuver to cash in on the
on
o crimes of sexual
catastrophe. A secret agent named Shaw
assault
and domestic
a
pays a call on his son, Leo, a wealthy lawyer,
reluctantly plays the role of peacekeeper,
violence,
she ran the
v
and his grandson, Jim Ed, to mend some
while a journalist named Katie James gets
Sex
S Crimes Unit of the
family fences. The old cowman tells wild
an exclusive interview with a sole survivor
District Attorney’s Office in Manhattan for
of a massacre — a scoop that could launch
more than two decades. “I miss prosecuting
back in 1865 with
b
her to the top of her profession.
every day,” says Fairstein. “That’s why I
Comanches, banditos,
C
give it to Alex Cooper to do.” Find more
aand even members of
unfolds,
characters
u
information, including a video clip about
the French Foreign
th
and
a motives collide,
the book, at www.lindafairstein.com.
Legion in pursuit. Jim
L
As the story
Sundowners
In San Antonio, Texas, Virge Pargrew
tales of searching for silver in Mexico
with
w nothing less than
Ed doesn’t know what
E
the
th fate of the world
Corrections to My Memoirs
to believe of these
at stake.
Michael S. Kun ’88
stories, but on a visit
st
David Baldacci’s
travels
to Dublin,
tr
London,
Paris, and
L
to the old man’s ranch
MacAdam/Cage
Michael Kun’s most recent book is
a collection of short stories. In the title
one summer, he finds out, at last, the secret
of the lost treasure.
Amsterdam last summer provided the
story, a spoof of James Frey’s controversial
background for the fast-paced global
book, A Million Little Pieces, the author
humor, historic details, and action on every
adventures in his most recent thriller.
writes to his publisher to explain the things
page, paying tribute to the Lone Star State,
Baldacci lives with his family in Virginia.
that need to be changed in his memoir.
where man-to-man confrontations occur
He and his wife have founded the Wish You
Regarding the title, Victory: How I won
without a hint of nuance.
Well Foundation, a nonprofit organization
World War II and Super Bowl III, he notes
dedicated to supporting literacy efforts
that he didn’t “formally serve in World War
for the FDIC and lives in northern
across America. Visit him at: www.
II” because he hadn’t yet been born — but
Virginia, a long ride from the wild, wild
davidbaldacci.com and his foundation at
he’d read about it.
West. He maintains a website at www.
www.wishyouwellfoundation.org.
In “Touched, Very Touched,” Kun
delves into the strange side of office life
80 | UVA Lawyer • SPRING • 2008
Here’s a western novel that packs
Mark Mellon is an attorney
mellonwritesagain.com.
Upcoming Alumni Events
May 2–4
Law Alumni Weekend
Join friends & classmates in Charlottesville
for reunions. Members of classes 1948, 1953,
1958, 1963, 1968, 1973, 1978, 1983, 1988,
1993, 1998, and 2003, as well as local alumni
are invited to a weekend of events. Details at
www.law.virginia.edu/reunions.
May 3
Annual meeting of the Law School
Alumni Association
All alumni are invited to attend the annual
meeting at the Law School.
May 14
London, England, Donor Recognition Event
Reform Club
June 12
Annual Richmond Reception
Kent-Valentine House
June 17
Annual Washington, D.C., Luncheon
Mayflower Hotel
June 19
Reception at the Florida Bar Convention
Boca Raton
June 21
Virginia State Bar Breakfast
Virginia Beach
For the latest on alumni events visit:
www.law.virginia.edu/alumni
UvA Lawyer
SPRING 2008
Nonprofit
Organization
US Postage
PAID
University of Virginia
School of Law
Permit No. 248
Charlottesville, VA
580 Massie Road
Charlottesville, Virginia 22903
www.law.virginia.edu/alumni
Spring 2008
Farewell to a Dean
Vol. 32, No. 1
John Jeffries ’73