The University of Virginia School of Law
Spring 2011
HEALTH CARE:
Reform and Rhetoric
from the dean Paul Mahoney
…
“Knowledge indeed is a desirable, a lovely possession, but I do not scruple to say that health is
The Complex Equation of Health Care
more so. It is of little consequence to store the mind with science if the body be permitted to
become debilitated. If the body be feeble, the mind will not be strong.” — Thomas Jefferson
Health care reform dominated the news during late
2009 and early 2010. It is not difficult to see why the issue generates
such deep passions. Every American has a stake in the quality of the
nation’s health care system as patient, taxpayer, and, for millions of
Upcoming Alumni Events
doctors, nurses and others, provider. Any interested party in any health
policy debate, from Medicare reimbursement policies to FDA approval
procedures, can bring sick or injured individuals in front of the TV
June 9
Richmond Reception
The Berkeley Hotel
June 22
October 6
Washington, D.C. Luncheon
October 13
The design of the health care system is substantively difficult as well
NYC Young Alumni Event
care system is
spend enormous sums on health care and yet have health outcomes
substantively
that lag many other wealthy societies. The facts and policy choices, not
Boston Reception
as emotionally charged. We have all heard the sound bite that Americans
surprisingly, are more complex. We spend so much in part because of the
Omni Parker House
difficult as well
Providence Luncheon
as emotionally
of health insurance—itself the legacy of hundreds of individual policies
charged.
embedded in the federal tax code, state insurance regulations, and other
substantial inefficiencies and distorted incentives created by our system
Los Angeles
laws. But in part we do so because we are a very wealthy country that
Breakfast: The Jonathan Club
engages in constant technological innovation. Our challenge is to work
Evening Reception: Craft
November 9
current system.
the health
Location to be determined
October 26
The design of
The Renaissance Mayflower Hotel
Public House
October 12
cameras and argue that their plight is related to a drawback in the
Washington, D.C.
Location to be determined
on the former while celebrating and preserving the latter.
The link between our health care system and Americans’ health outcomes is also less
close than one might imagine. In his book Health Care Half Truths, Dr. Arthur M. Garson, the
University’s Provost and one of the nation’s leading health policy experts, observes that our
public health system—including all our varied means of delivering and paying for medical
services—is one determinant of health outcomes. A larger determinant, however, is personal
behavior, including diet, exercise, and risky activities such as substance abuse and violent
For Latest on alumni events: www.law.virginia.edu/alumni
From the Dean
…
The University of Virginia School of Law | Spring 2011
Several
states have
of ACA and, not
surprisingly,
commentators
have looked to
members of the
crime. Genetics is also a substantial determinant. The health care debate
Feature Story
1
14
centers on the first of these causes but sensible policy will recognize the
role played by the others.
Graduates of the Law School have played central roles in health care
From the Dean
policy. As we know, health care reform was one of the signature issues of
The Complex Equation
of Health Care
the late Senator Edward Kennedy ’59. Former Senator Evan Bayh ’81 was
5
one of the Senate’s health care experts and Senator Sheldon Whitehouse ’82
Health Care:
Reform and Rhetoric
Law School News
was a vocal supporter of the ACA. In this issue of UVA Lawyer, we hear
from Garry Carneal ’88, president and CEO of Schooner Healthcare
Law School’s
Services about the management of health care delivery; Bruce Kelly ’76,
faculty for
former director of government relations for the Mayo Clinic; and
opinions on the
Departments
Todd Zimmerman ’90, president of EmCare, a nationwide provider
of outsourced hospital-based physician services. Professor Richard
constitutional
Bonnie ’69, one of the nation’s leading experts on mental health law,
questions.
describes the potential impact of the ACA on the availability of mental
health treatment.
29
AP Photo/Jay Pickthorn
constitutionality
Scholars Corner
31
Faculty News
& Briefs
the constitutional questions. In these pages, Professor Fred Schauer steps back from the Commerce
Clause and taxing power issues and asks a more basic question: how likely is it that the Supreme
Court will grant certiorari in any of the cases challenging the ACA now making their way through
the federal courts?
I hope you enjoy reading about the health care debate and the role that Law School alumni and
faculty play in it.
21
Accountable Care Organizations:
The New Hope for Health Care Reform
38
Class Notes
Several states have challenged the constitutionality of ACA and, not
surprisingly, commentators have looked to members of the Law School’s faculty for opinions on
The United States leads the world in state-ofthe-art medical technology, but delivers it using
a legacy system cobbled together decades ago.
Health care experts go beyond the rhetoric
to chart a smarter path forward.
AP Photo/Charles Krupa
challenged the
60
In Memoriam
61
13
In Print
41
67
Opinion
The Special Challenges of
Mental Health Care Reform
6
On the cover: A man protests against healthcare legislation as he attends a Tea Party protest against Democrats and
President Barack Obama during an ”Americans for Prosperity November Speaks” rally on Capitol Hill in Washington, D.C.,
November 15, 2010. The group is urging Congress to avoid big government policies and curb spending following the wave
of new Congressmen elected in the November midterm elections. (SAUL LOEB/AFP/Getty Images)
Spring 2011 Vol. 35, No. 1 | Editor Cullen Couch Associate Editor Denise Forster Contributing Writer Rebecca Barns Design Roseberries Photography Tom Cogill, peggy Harrison, Rob Seal, Mary Wood
2 UVA Lawyer / Spring 2011
Law School News
Inside the Supreme Court
Instructors
Argue Two Cases,
Same Day
T
he Supreme Court of the United States
heard two cases argued by instructors from the Law School’s Supreme Court
Litigation Clinic on March 21, a first for the
five-year-old clinic. Professor Dan Ortiz
argued Borough of Duryea v. Guarnieri at
10 a.m. and clinic instructor Mark Stancil ’99
took on Fox v. Vice one hour later. The Court
receives approximately 10,000 case petitions
each year, and grants and hears about 75 to
80 cases. Including upcoming arguments,
the clinic has landed eight cases before
the Supreme Court since the course began
in 2006.
Members of the Supreme Court Litigation Clinic traveled to Washington, D.C., for arguments in
two clinic cases.
worked on Guarnieri at
the certiorari stage and
Clinic student Wells Harrell ofThe Supreme
is currently clerking
fers this account of the day’s events.
Court Litigation
on the 11th Circuit, as
The Supreme Court Litigation
well as clinic instructors
Clinic reached a milestone when,
Clinic reached a
John Elwood, David
for the first time in its history,
milestone when,
Goldberg, and Toby
the clinic argued two cases backHeytens ’00. to-back. That morning, nearly
for the first time
At 10 a.m. sharp, the
everyone involved in this year’s
in
its
history,
the
marshal called the Court
clinic could be seen either at
to order, and the Justices
counsel table or in the gallery.
clinic argued
took their seats. After
Current clinic participants who
two cases backadmitting new members
attended the oral arguments
to the Supreme Court
were Stewart Ackerly, Steph
to-back.
Bar and announcing
Cagniart, Chris Cariello, Will
two opinions, the Court
Carlson, Martha Kidd, Sterling
heard arguments for the
LeBoeuf, Brinton Lucas, Adam
two clinic cases.
Milasincic, Noah Mink, Tristan
Representing the petitioner in Borough of
Morales, and myself. Also attending the
Duryea v. Guarnieri, Dan Ortiz argued that
arguments was one of last year’s clinic
the petition clause does not protect a public
participants, Sarah Robertson, who had
employee’s petition about a matter of purely
private concern. He quickly drew questions
about whether the proper test for petition
clause claims by public employees might
focus on whether the petition addresses
government as employer or as sovereign.
Following a short break, the Court heard
from the petitioner in Fox v. Vice, who
argued that a defendant against a frivolous
federal civil rights claim cannot receive attorney’s fees if the plaintiff has asserted a
factually interrelated, nonfrivolous state law
claim. Mark Stancil argued for the respondent afterwards and immediately noted
that “inclusion of even a frivolous section
1983 claim imposes significant additional
burdens as part of the litigation.” Noting
that “[s]ection 1988,” the fee-shifting statute
at issue, “does not reference state law claims
that may be factually overlapping,” [Stancil]
stated that a party defending a frivolous
UVA Lawyer / Spring 2011 5
Law School News
…
section 1983 claim is eligible to receive at
least some attorney’s fees.
[Ortiz] and [Stancil] performed spectacularly. Both spoke with confidence, clarity,
and conviction. They showed a command of
the factual and legal issues that made their
analysis credible and persuasive. Nowhere
was this command more evident than in
their responses to difficult questions; I
cannot recall a single instance in which
either of them dodged a question, or made
a misstatement of fact or law. Watching
these skillful lawyers, and seeing first-hand
reflections of our assistance in crafting their
briefs and presentations, made observing
the arguments immensely satisfying.
After the Court had adjourned, the attending clinic instructors and participants
enjoyed lunch at a restaurant in nearby
Union Station. [Ortiz] invited a special
guest: Eric Schnapper, the opposing counsel
who argued for the respondent in Guarnieri.
In addition to reflecting on how the clinic’s
work affected his litigation strategy, Schnapper (and Ortiz) stressed the importance of
credibility and camaraderie among lawyers.
Seeing these two lawyers sitting side by
side and amicably chatting just hours after
arguing against one another really drove
the point home, as did Chief Justice John
Roberts’ reference to [Stancil’s] opposing
counsel as “[y]our friend” during argument.
The Supreme Court will hear four cases
from the clinic this term, a school record.
Professor Jim Ryan ’92 argued Kevin Abbott v.
United States in October and clinic instructor John Elwood argued Nevada Comm. on
Ethics v. Carrigan in April.
Find videos and related stories about
the Law School’s Supreme Court Litigation
Clinic at http://bit./ly/grRvAZ.
6 UVA Lawyer / Spring 2011
Law School News
…
Cynthia Kinser ’77, Virginia’s Chief Justice
Chief Justice Awarded | Rob Seal
Thomas Jefferson
Foundation
Medal in Law
R
a t h e r t h a n b e i n g m e r e l y complex legal abstractions, the decisions
made by the Virginia Supreme Court “truly
touch the daily lives and affairs of everyone
in all walks of life,” Virginia Supreme Court
Chief Justice Cynthia Kinser ’77 said at the
Law School April 14. Kinser, recipient of the
2011 Thomas Jefferson Foundation Medal
in Law, spoke in Caplin Pavilion as part of
events celebrating her award.
Dean Paul G. Mahoney praised Kinser’s
achievements, especially her appointment
as the first female chief justice of Virginia.
In 1997 then-Gov. George Allen ’77, a Law
School classmate, appointed her to the state
Supreme Court, and in 2010 her fellow justices elected her chief justice.
“We are honored to be able to present her
the Jefferson Medal in Law,” Mahoney said.
Kinser said she was pleased and surprised
by the award. “I can tell you that when I
graduated from the Law School in 1977, I
never imagined that I would be back here
giving a lecture as the Thomas Jefferson
Medal in Law recipient.”
Kinser was a noted jurist and attorney in
her native Southwest Virginia long before
she joined the state Supreme Court. She was
raised—and still resides—in Pennington
Gap, a town in Lee County only 10 miles
from the Kentucky border.
After graduating from the Law School,
Kinser clerked for Judge Glen M. Williams
of the Western District of Virginia before
entering private practice in Southwest Virginia, where she was one of the only female
practicing attorneys at the time.
She was elected as Lee County’s first
female commonwealth’s attorney in 1980
and later returned to private practice before
being appointed a U.S. magistrate judge for
the Western District of Virginia in 1990.
The seven members of the state Supreme
Court heard 2,600 cases last year and granted 187 appeals, Kinser said. This record
compared favorably with the 8,000 filings in
the U.S. Supreme Court that resulted in only
73 opinions, she said.
Even if the facts in a given appeal may
seem to justify a particular ruling, Kinser
said, appellate judges are bound by very specific rules in overturning a verdict. If judges
are not strict in applying those rules, their
decisions become dangerous, she said.
As a result, appellate judges take their duties seriously, Kinser said. “It’s not unusual
to spend many hours writing and editing
just one part of an opinion to make sure that
at the end of the day it says exactly what the
court intended it to say,” she said.
“All of us struggle with and worry about
the unintended consequences of any decision. How is it going to play out in the next
case?”
Among the many rules that bind appellate judges, Kinser highlighted four: the
litigant’s legal standing, the relevance of the
error or argument to the original trial, the
standards of review, and legal precedence.
“I believe that if appellate judges regularly
reverse factual findings or the discretionary
decisions of the trial judges because we
happen to disagree with them, we would
be removing the people best suited to make
those decisions from that role, and I believe
that we would be undermining both our
system of justice and the public’s trust in all
courts’ decisions,” she said.
The Thomas Jefferson Medal in Law and
its counterparts in architecture and civic
leadership are the highest external honors
bestowed by the University, which grants
no honorary degrees. The awards recognize
the achievements of those who embrace endeavors that Jefferson excelled in and held
in high regard.
Sponsored jointly by the University and the
Thomas Jefferson Foundation, the nonprofit
organization that owns and operates Monticello, the annual awards are conferred during
the University’s Founder’s Day celebrations,
held around Jefferson’s birthday on April 13.
In addition to receiving a medal struck for
the occasion, recipients attended ceremonies
in the Rotunda and a dinner at Monticello.
Brandon Garrett
convicting the Innocent? | Rob Seal
Book Explores
Reasons Behind
Wrongful
Convictions
F
alse confessions, invalid forensic analysis, eyewitness misidentifications, and
other systemic flaws in the criminal justice
system contributed to the wrongful conviction of the first 250 people exonerated
by DNA tests, Professor Brandon Garrett
writes in Convicting the Innocent: Where
Criminal Prosecutions Go Wrong, a book
published this spring by Harvard University Press.
Garrett began with a list of 250 people
who had been cleared by DNA tests after
having been convicted of serious crimes—
sometimes after decades in prison—and
began studying their original criminal trial
records. “The goal was to see what patterns
there are,” he said.
In a way, it would have been a comfort if
the wrongful convictions had resulted from
idiosyncratic mistakes or even corruption,
Garrett said. That would suggest that false
convictions are exceedingly rare, as nearly
all police officers, prosecutors, and judges
conscientiously seek to convict the guilty
and free the innocent, he said.
“What I found, though, was that the errors that repeated over and over again across
the 250 cases were the result of bad barrels,
and not a few bad apples. They resulted
from unsound but systemic practices that
allowed well-intentioned people to contribute to convicting the innocent,” he said.
Those practices included the use of suggestive eyewitness identification procedures,
flawed forensic analysis, coercive interrogations, shoddy investigative practices,
cognitive bias, and poor lawyering, he said.
What was particularly haunting about
the cases, Garrett said, was that at the time,
before the DNA tests proved the convict’s
innocence, many of the prosecutions
appeared uncannily strong. Some cases included false confessions in which innocent
suspects seemingly supplied police with
details of a crime that police claimed could
only be known by the perpetrator. The false
confessions were typically the result of long,
undocumented interrogations in which
investigators may have planted details of the
UVA Lawyer / Spring 2011 7
Law School News
…
witness testimony, focrime with the suspect, he said.
“The errors that
rensic errors, and false
Garrett saw the reality of such
repeated
over
and
confessions—are
not
cases as a young lawyer in New
exclusive to cases in
York. After law school, he worked
over again across
which DNA samples are
at a firm in which Johnny Cothe 250cases were available. “What I saw in
chran was a partner, as were Peter
these 250 cases gave me
Neufeld and Barry Scheck, the
the result of bad
grave concerns about the
founders of the Innocence Project,
barrels, and not
accuracy of other crimian advocacy group for overturnnal cases in which DNA
ing wrongful convictions.
a few bad apples.
testing can’t give us the
While there, Garrett was inThey resulted
answers,” he said.
volved in representing a young
The criminal justice
soldier who had been charged with
from unsound but
system is slow to reform,
the rape of an elderly woman. The
systemic practices
in part because it is fragyoung man had been in a minor
mented and made up of
traffic accident near the scene of
that allowed
so many investigative
the crime shortly after it occurred.
well‑intentioned
agencies and court sys“Detectives brought him in
tems at the local, state,
and interrogated him over many
people to
and federal level, he said.
hours,” Garrett said. “Ultimately
“You have to rememhe confessed, falsely, thinking
contribute to
ber that just because you
that if he just parroted what they
convicting the
don’t get so many DNA
demanded that he say, he could
exonerations in recent
finally go home. Instead, he was
innocent.”
cases, for a wonderful
convicted by a jury and he spent
reason—DNA testing
10 years in prison. DNA testing
is now routine before
eventually proved his innocence.”
trial—it doesn’t mean that the same probGarrett’s new book is an extension of
lems with forensics, with confessions, with
previous studies he has done on the 250
eyewitnesses, or with the adversary process
cases. He wrote a groundbreaking study,
itself aren’t still serious ones,” he said. “Judging Innocence,” on the appeals and
Fortunately, he said, policymakers
post-conviction process in cases in which
are increasingly taking very seriously the
the defendants were later cleared by DNA
lessons that can be learned from the highevidence, and later examined forensic
profile wrongful convictions that have come
analysis and confessions in that group of the
to light. In the last chapter of his new book,
wrongfully convicted.
Garrett describes a criminal procedure
Garrett began thinking about writing
revolution, as jurisdictions have begun
a book after the National Academy of Scito gradually adopt improved eyewitness
ences asked him about the role forensic
identification procedures, mandatory interanalysis played in those cases. He realized
rogation recording requirements, forensic
the only way to know for sure was to study
science reforms, innocence commissions
the original trial transcripts. So he gathered
and improved criminal discovery practices,
more than 200 of them, with research supamong others. port from the Law School and a two-year
In part because the data may be of intergrant from the Open Society Institute. With
est to researchers and policymakers, Garrett
the help of a team of student research assishas also made available resources related to
tants, he began meticulously reviewing the
the book on a website hosted by the Law
trials and coding their features.
School: www.law.virginia.edu/innocence.
Garrett fears that the types of errors that
contributed to the convictions—unreliable
8 UVA Lawyer / Spring 2011
Law School News
…
Is it Constitutional? | Tim Arnold
Recess
Appointments
Both Accepted,
Controversial
R
ecess appointments of federal judges,
including Supreme Court Justices,
have historical and legal precedent, but are
not without controversy, says Judge Diana
Gribbon Motz ’68. Motz, of the U.S. Court
of Appeals for the Fourth Circuit, delivered
the Ola B. Smith Lecture in Caplin Pavilion
in March.
Articles II and III of the Constitution
are at the root of constitutional questions
about recess appointments, Motz said.
Article III provides for lifelong tenure and
compensation for federal judges, while
Article II deals with recess appointments,
which are considered temporary pending
Senate confirmation.
Lacking tenure, will these judges also
lack independence? Are such appointments
constitutional?
“The text simply doesn’t yield an obvious
answer,” Motz said. However, legislative history provides assistance, she said. Records
of the Constitutional Convention and documents such as the Federalist Papers indicate
that selection of the federal judiciary was a
major concern for the framers, Motz said.
“The convention was split on where to
vest the general appointment power, primarily because of the importance attached
to the power to appoint judges,” she said.
A compromise was reached to allow for
executive nomination and Senate approval.
But while Article III generated much debate,
Article II was ratified with little debate, she
said. The lack of debate is telling, Motz said.
“Given their previous extensive debates
as to the appointment of judges, it seems
unlikely that they would have intended to
exclude judges from the recess appointments
John Roll LL.M. ’90
Dedicated to the Craft | Rob Seal
Diana Gribbon Motz ’68
clause without discussing and explicitly indicating their intention,” Motz said.
History also bears out the validity of recess appointments, as throughout American
history all three branches of government
have accepted that recess appointments are
constitutional, she said.
“Beginning with George Washington,
almost every president filled judicial vacancies by recess appointments, without
suggestion from any quarter that the practice violated the Constitution,” Motz said.
By 2000 U.S. presidents made more than
300 recess appointments and only 34 were
not confirmed by the Senate. However, the
constitutionality of recess appointments
does not make them wise, Motz said.
After President Dwight Eisenhower’s three
recess appointments (Supreme Court Chief
Justice Earl Warren, and Justices William
J. Brennan and Potter Stewart), the Senate
Judiciary Committee issued a report saying
that recess appointment should only be made
under unusual circumstances, Motz said.
Given the political climate, “it seems
inconceivable that we will witness a recess
appointment of another Supreme Court
Justice at any time in the foreseeable future,” she said. The current problem is
nominees for other judgeships. “As of February, 100 judgeships to those
inferior courts sit vacant and 47 judicial
nominees remain in limbo,” Motz said. But
recess appointments “might help break the
logjam over pending nominees.” While controversy remains over recess appointments,
Motz reminded listeners that these appointments have generally had good results.
“Some of our most distinguished modern-day judges have been recess appointees
by both Republican and Democratic
presidents,” Motz said, citing Eisenhower’s
appointees as examples. “Whatever your
politics, these are not political hacks,”
Motz said. “Rather, all seem to have had no
trouble maintaining the appropriate judicial
independence.”
The Ola B. Smith Lecture is sponsored by
the Student Legal Forum and the Virginia
Law Review.
John M. Roll
Remembered
U
.S. District Court Judge John M. Roll
LL.M. ’90, an alumnus of the Law
School’s Graduate Program for Judges,
was among the 18 shooting victims in the
January rampage in Tucson, Ariz., where a
gunman intended to assassinate a U.S. representative. Six were killed at the shooting.
Friends and colleagues recall Judge Roll
as a fair-minded jurist and advocate for his
court.
“Judge Roll was among the many distinguished judges who came to our Graduate
Program for Judges to earn a master’s degree from the University of Virginia. Like
all the participants in this program, he took
his own vacation time to attend classes at
the Law School for two summers, and then
he spent countless hours writing a master’s
thesis while he managed a full caseload as a
judge on the Arizona Court of Appeals,” said
Professor George Rutherglen, who taught
UVA Lawyer / Spring 2011 9
Law School News
…
Law School News
…
compensation. The panel, moderated by
Professor George Rutherglen, also included
Professor George Geis, director of the
Law School’s Program in Law & Business;
William P. Carmichael ’68, chairman of
Columbia Funds; and Bardenwerper, vice
president, general counsel, and secretary of
Towers Watson and Company.
The disparity between executive compensation has grown enormously over the
past 20 years, according to Geis. One common measure of compensation compares
“winner-take-all” philosophy perexecutive pay to that of the average worker.
vading our culture has resulted in
Twenty years ago, cordisproportionate executive comporate executives were
pensation and has demoralized
paid 140 times more
Americans seeking to improve
Twentyyears
than their employees.
their economic status, accordago, corporate
Ten years ago, the numing to Walter Bardenwerper ’76,
ber grew to 500 times
a panelist at the Fifth Annual
executives were
that of employees, Geis
Virginia Law & Business Review
paid 140times
said. “The question is,
Symposium.
‘What are you getting
The symposium, held at the
more than their
for what you pay?’”
Law School in February, featured
employees.
Panelists discussed
industry experts and scholars
how
the disparity is
examining business ethics and
Ten years ago, the
particularly conspicucorporate responsibility.
number grew to
ous in light of the recent
Panelists at a session on salary
economic breakdown.
and bonus formulas discussed the
500times that of
Bardenwerper called the
social, ethical, economical, and leemployees.
salary disparity “a rendgal aspects of corporate executive
ing of the social fabric.”
Carmichael pointed to
a decrease in morale
From left: George Rutherglen, William Carmichael ’68, Walter Bardenwerper ’76, and George Geis.
among employees and especially stockholders at the prospect of huge bonuses amid the
collapse of several companies and a severe
recession.
Panelists agreed with Geis that legal remedies are problematic. “I don’t think that
you can legislate a solution to the agency/
cost problem,” Geis said. “What would that
look like? I just don’t think there’s an easy
answer, at least not in the eyes of the law.”
“You can lecture to people on ethics, but
you can’t make them be ethical,” Carmichael
said. Company boards must restrict or direct executive behavior and compensation,
he said.
The panel discussion can be heard at
http://bit.ly/gSu8Fr.
the judges in the Class of 1990 and later
became director of the Judges Program.
Roll was subsequently appointed to the
U.S. District Court for the District of Arizona by President George H. W. Bush. His
thesis became the basis for an article, “Merit
Selection of Judges: The Arizona Experience,” which appeared in the Arizona State
Law Journal.
“‘Merit’ sums up the career of Judge Roll,
whose dedication to the craft of judging was
evident in everything he did throughout
his judicial career,” said Rutherglen. “His
participation in our program is typical and
the program itself benefited from his presence, as did everyone who came to know
him here at our law school—the faculty,
his classmates, and other graduates of the
program. With the rest of the nation, those
of us associated with the University of Virginia mourn his death and the loss that it
represents—for the judicial system, for the
legal profession and for our country.”
10 UVA Lawyer / Spring 2011
Law & Business | Tim Arnold
Master teacher | Rob Seal
High Executive
Pay Ethically
Problematic in
Poor Economy
All-University
Teaching Award
A
P
rofessor Risa Goluboff is a winner
of the University of Virginia’s 2011
All-University Teaching Award, an annual
award given to a select few faculty members
in recognition of teaching excellence.
“Risa has mastered two of the most difficult tasks in law teaching,” said Dean Paul
G. Mahoney. “She inspires second- and
third-year students to put aside the distractions of job searches and extracurricular
activities to devote themselves thoroughly
to her courses. She also successfully teaches
topics to which the students have strong
emotional responses, such as race and sex
discrimination, while neither ignoring
ideological disagreements nor letting them
overwhelm analysis of the legal issues.”
Goluboff, who is the Caddell & Chapman
Professor of Law as well as a professor of history, joined the faculty in 2002. She earned
her law degree from Yale Law School and her
Ph.D. in history from Princeton University.
“I am incredibly humbled by this award.
Ever since I came to UVA Law School, I
have been impressed by how seriously my
colleagues take teaching,” Goluboff said.
“The faculty discuss it over lunch, in each
other’s offices, in the halls. I have always
been proud to be part of an academic community that really thinks about pedagogy
and cares deeply about the students. To be
honored for the part I play in that enterprise
means so much to me.”
After law school, Goluboff clerked for
Judge Guido Calabresi of the U.S. Court of
Appeals for the Second Circuit and then for
Justice Stephen G. Breyer of the Supreme
Court of the United States.
Both current and former students
praised Goluboff ’s teaching ability. Carrie
Apfel ’05 took Goluboff ’s Civil Rights Litigation course in 2003. “From the first day
of the class, Professor Goluboff connected
Risa Goluboff
Schwartzman said
with her students with an energy “She was calm,
his own experiences
and enthusiasm that made the class
unabashed, and
teaching constitutional
both interesting and engaging,”
law have given him an
Apfel said.
respectful of
even deeper appreciaA current student, Max Twine,
disagreement,
and
tion for Goluboff ’s skill
praised Goluboff for creating a “vias a teacher. “It is rebrant, supportive atmosphere for
the class followed
ally hard to do what she
dialogue and critique” inside the
her example.”
does,” he said.
context of the socially charged isGoluboff said one
sues of 20th-century constitutional
of the best parts of the
history, such as abortion rights
awards process has
and affirmative action. “Professor
been the chance to reflect on her teaching.
Goluboff did not shy from the risks that the
“I’m not sure that I have ever, or will ever,
material posed,” Twine said. “She was calm,
live up to the kind words of my students and
unabashed, and respectful of disagreement,
colleagues, but I am truly touched by them,”
and the class followed her example.”
she said. “Maybe even more importantly,
Professor Micah Schwartzman ’05 is both
hearing others describe my teaching has
a former student and a current colleague.
enabled me to be more self-conscious about
In 2004 he was a student in her Civil
my goals as a teacher and how I can better
Rights Litigation class. “It was a tough
achieve them.”
crowd and this was early in Risa’s teaching
Previous winners of the award include
career,” Schwartzman said. “But if she had
law professors Jim Ryan ’92, Caleb Nelson,
any concerns, Risa certainly didn’t show
J. H. “Rip” Verkerke, John C. Harrison,
it. She was great in the classroom—rigor
Barry Cushman ’86, Kenneth S. Abraham,
and precision with respect to the law goes
Anne M. Coughlin, and Paul G. Mahoney.
without saying, but she also had a huge
amount of energy, vitality and—of equal
importance—sympathy, since it is not
always easy to understand the law.”
UVA Lawyer / Spring 2011 11
Law School News
…
Law School News
…
MULTIMEDIA NEWS OFFERINGS @ www.law.virginia.edu/news
Morality of Criminal Law
Florida State University law professor Dan Markel discussed the role of morality in criminal law during the inaugural
Virginia Journal of Criminal Law symposium.
Judicial Inactivism
Nadine Strossen, former president of the American Civil Liberties Union, delivered the 13th annual Henry J. Abraham
Distinguished Lecture.
CLS v. Martinez: When Fundamental Rights Collide
Professor Douglas Laycock joined Kim Colby, counsel for the Christian Legal Society, and Scott Ballenger ’96, counsel
for Martinez, to discuss the recent Supreme Court case CLS v. Martinez, in which the Court held that a public college
does not violate the First Amendment by refusing to officially recognize a student organization.
Susan Wormington
Citizens United Impact on 2010 Elections
Panelists Marc Elias, former general counsel to the John Kerry 2004 presidential campaign; Trevor Potter ’82 ,
former general counsel to the John McCain 2008 presidential campaign; and John Samples, director of the Center
for Representative Government at the Cato Institute, discuss the impact of the Citizens United decision on 2010
elections.
Economic Uncertainty and the Role of the Courts
Panelists Dean Paul Mahoney and Professor Paul Stephan ’77 joined Professor Todd Zywicki of George Mason
University School of Law for a panel discussion on the role of the courts in an uncertain economic climate as part of
the Federalist Society’s 30th Annual Student Symposium.
Susan Worthington
Are Bailouts Inevitable?
Dean Paul Mahoney and Randall Guynn ’84, head of Davis Polk’s Financial Institutions Group, debate the inevitability
of bailouts.
Friendly, J. Dissenting
Judge Michael Boudin delivered the McCorkle Lecture, “Friendly, J. Dissenting.”
DeMaurice Smith ’89 (video available at: http://bit.ly/hdv3mk)
The Role of Security Forces in Promoting Rule of Law
Panelists Colette Rausch, Lt. Comm. John B. Reese, and Professor Thomas Nachbar discussed the role of security
forces in promoting the rule of law at the J.B. Moore Society of International Law’s 60th Anniversary symposium.
Professor John Setear moderated.
Owners v. Players | Mary Wood
U.S. Attorney: Public Service Offers Chance to Make Impact
Public service offers a kind of satisfaction that only comes from working for the greater good, says U.S. Attorney
Timothy Heaphy ’91.
Law Should Encourage Marriage, Sears Says
American law and public policy must encourage marriage, former Georgia Supreme Court Chief Justice
Leah Ward Sears LL.M. ’95 said.
Nicholson Named 10th Powell Public Service Fellow
Third-year Peggy Nicholson is the 10th Powell Fellow, an honor that will fund her work on behalf of children in the
juvenile justice system in North Carolina.
Harris, Roth Receive Skadden and Independence Foundation Fellowships
Two third-year students have been named recipients of prestigious, nationally competitive public service law
fellowships.
Two receive equal Justice Works Fellowships
Two third-years will advocate for children’s education rights. http://bit.ly/hpN503
12 UVA Lawyer / Spring 2011
NFL Players Want
Equitable Share
Editor’s Note: At press time, the N.F.L. and its
players were ordered back to mediation.
N
FL players turned down the “worst
deal in professional sports” last
month and are now bearing the brunt of the
owners’ lockout strategy, said NFL Players
Association head DeMaurice Smith ’89 during a talk at the Darden School of Business
on March 31.
When negotiations over a new collective
bargaining agreement between NFL players
and owners broke down in March, Smith
and the players moved to decertify the
union and filed an injunction in federal district court in Minnesota to stop the lockout
imposed by team owners.
“Over the 15 days, we met with the owners for probably less than seven hours,”
Smith said. The decision to decertify as a
labor union “was necessary.”
“If you root for the players and we win the
injunction, we have football. If the owners
win, we don’t,” Smith told a crowded Abbott
Auditorium. “This work stoppage that the
owners chose is a lockout that they chose—
not the players.”
In the meantime, 1,900 players, former
players, and their families are without
health insurance and the game they love
“has been taken away from them,” he said.
Although the conflict between the two parties has been contentious, “that’s the nature
of business sometimes,” Smith said.
Smith, who was elected executive director
of the association in 2009 after a 26-year
term by former NFL player Gene Upshaw,
said he knew going into the role that a lockout was likely and that it would call for a
“different leadership model.”
During his presentation Smith calculated
the deal being offered to players on a white
board display.
The NFL has weathered the recession
with flying colors, enjoying $9 billion in
revenue two years ago. Currently players
get a 50 percent share of revenue, but under
the new owners’ proposal, “By the time we
got to the 15th year of a deal, you could see
players getting shares of revenue that were
in the 30-percent range,” he said.
Smith jotted “NOT GOOD!” on the
board, earning chuckles from the audience.
Smith pointed to a former player in the
audience who said he had 19 screws in his
body due to injuries.
UVA Lawyer / Spring 2011 13
Law School News
…
“Is that fair to a city like Baltimore, a city
“While the 30 percent or the 40 percent
like Cincinnati, or a city like Cleveland? No.”
of all revenue might still mean that playSmith said it was “special” to see the NFL
ers are making a tremendous salary—and
players step up as leaders during the negothey would—the fundamental question has
tiations. Although he has been under fire
to be, what’s the fair distribution of equity
during the process, Smith said nothing fazes
given the limited timetable for which they
him in light of his wife’s own successful fight
play, the risk that they live with, and you’ll
against breast cancer or the struggles of the
have those 19 screws with you for the rest of
victims he helped as a
your life,” he said.
prosecutor. “I don’t care
He defended the players’ opwhat I go through at the
position to a rookie wage scale, “If you’ve played
negotiating table.”
noting that the average player is
in the National
Although the ownonly in the league 3.2 years, and
ers
would like to move
that many of the league’s top playFootball League
two games from the
ers are still under rookie contracts.
you know that
preseason to the regular
“If you don’t want to pay him
season, Smith said play$50, $60 million dollars—guess
the idea of two
ers are concerned over
what? Don’t,” he said in response to
preseason
games
the impact an 18-game
owners’ complaints, pointing out
that Tom Brady was a sixth-round
being equal to two season will have on their
health.
draft pick. But no owner would
end-of-the-season
“If you’ve played in
propose a system in which rookies
the National Football
have one-year contracts, he said.
games is wrong.
League you know that
Smith said the players would
The end-of-thethe idea of two preseason
have been happy to continue
games being equal to
under the deal first negotiated in
season games are
two end-of-the-season
1993 and since extended.
games where your games is wrong,” he said.
“Our guys want to play football,
“The end-of-the-season
and that’s all we’ve ever said,” he
body has been
games are games where
said. “We’d rather not be locked
out.”
completely beaten your body has been
completely beaten up
Smith said his request for auditup and broken.”
and broken.”
ed financial statements from the
Cur rent ly pl ayers
owners for the past 10 years was
don’t qualify for postnot an ultimatum, but a logical
career health coverage
move considering the investment
until they have worked three years in the
players would be making.
league—around the same amount as the
Smith said the players were willing to
league average. With extra games affecting
take lower salaries in exchange for an equity
the potential for injuries, the average time
position in the NFL in the form of Class B
in the league might drop below three years,
ownership shares. Under the association’s
Smith suggested, leaving them without any
proposal, no one would be allowed to
coverage when their careers end.
exercise those shares for 10 years, but the
Smith began his legal career as a prosowners would not agree to the terms.
ecutor in the U.S. Attorney’s Office for the
“Is it about money?” he said. “It’s about
District of Columbia. He then served as
control.”
counsel to then-Deputy Attorney General
Smith estimated that if the lockout continEric Holder in the Department of Justice.
ues, it will cost every team city $160 million
He later became a partner with Patton Boggs
in lost revenue, a substantial hit to many citin Washington, D.C., where he focused
ies under stress from a nationwide recession.
14 UVA Lawyer / Spring 2011
Law School News
…
on white collar criminal defense and tort
liability.
Although Smith never played in the NFL,
he did have some experience with organized
sports before joining the NFL Players Association—he served as chairman of the Law
School’s North Grounds Softball League.
“Any time I’m at the University of Virginia, I feel like I’m home,” Smith said. “I
met my wife down here, got married down
here, had some of the best times of my life,
and I owe a tremendous debt of gratitude to
the University of Virginia because without
[it] I’m pretty sure I wouldn’t be here.”
After his talk, Smith answered a few questions about his time at the Law School and
the prospects for football in the fall.
How do you feel your legal education prepared
you for your career and your current job?
I’ve always believed that the best gift that a
law school can give its graduates is to teach
them a way to think. My wife will be the first
person to say “stop thinking like a lawyer.”
But the ability to analyze and pull apart a
problem, to be able to look at all of the
pieces distinctly, but also knowing how they
relate, then to be able to put it back together
in a way that makes sense is something that
is not a gift, it’s a learned trait. Its value is
limitless.
How do you use your legal training as head
of the NFL Players Association?
Every day. People put too much emphasis
on problem solving. We spend a lot of time
on problem analysis, because you have to
first come to a conclusion about whether
it’s a problem or not. Look, we have at any
given time various stages of major league,
high profile bet-the-company litigation. I’d
like to say that I’ve stepped away from the
day to day lawyer activities, but the lawyers
who work for us know that’s not true. In
fact, we’re filing our damages briefs today,
so right before I came in here I was sitting
down in the parking lot doing the lastminute touches on the brief. But that’s just
the litigation side of it. The media, the way
that I ever thought I would have. At every
in which we try to make sure that players
turn, I spend a lot of time trying to make
understand our message and the way that
sure it’s something that I would enjoy. For
fans understand their messages, it’s probably
me, it’s got to be somenot a whole heck of a lot differthing that’s challenging,
ent than the way in which I tried
something that is high
cases. I love crowds and people “Do what you dig.
stakes, something that
who think, and I think a person’s
If you don’t dig it,
almost puts you in a
ability to think along with a group
situation where you
of people to reach a conclusion or
don’t do it.”
can’t coast. If someone
analyze a problem is the way in
had said in 1989 when
which you should do it. That natuI graduated that I was
rally fits into the Socratic method,
going to be the head of the NFL Players Asbut it’s also a trial lawyer way of doing it. But
sociation, I would have looked at you and
the other pieces are equally clear—asking for
gone, “Clearly you’re absurd. I mean, that’s
the financial information and justifications
just insane”—never played the sport, never
for players taking any number of options.
been involved in sports marketing. What I
I’m not sure you can ever divorce anything
would say for students who, whether they
of what I do everyday from sort of the core
want to get involved on the sports side or
training of being a lawyer.
whether they want to get involved in any
other profession, [is this]: your ability to
What law classes or professors influenced you?
analyze a problem and inspire people to
[Peter] Low was my criminal professor.
come up with solutions—that’s what leaderIt’s the process of the analysis; whether it’s
ship’s about. Where schools like Virginia
a crim law class or a civil procedure class,
excel is giving you the opportunities and
the core thread that runs through it—espethe confidence to know you can get the job
cially at this university and this law school;
done.
UVA’s never been a blackletter/hornbook
law school—was analyzing why and tryAre we going to have NFL football in the fall?
ing to understand why. Regardless of what
I hope so.
class you’re in, that’s the process of this law
school. Like I said, it left with me something
What would a successful resolution to the
that you can’t put any sort of monetary
standoff between players and owners look
value on.
like?
An equitable share of revenue. We have
What advice do you have for law students
players who play for an extremely short
interesting in practicing in the area of profesperiod of time. We have owners who own
sional sports?
teams for decades and have the ability to
I always answer the question this way, and
will or leave or grant that business to their
it’s on purpose. “Do what you dig. If you
successors. One of the most pivotal, inspidon’t dig it, don’t do it.” The reason is, a
rational parts of the mediation was Mike
lot of people make decisions about what
Vrabel—a linebacker who played with the
profession to go into without really underNew England Patriots, won three Superstanding what it is. You’ve got to figure out
bowl rings, now plays with the Kansas City
what about it you love. For me, working at
Chiefs. You know Mike’s already played
the U.S. attorney’s office, being a criminal
three, four NFL careers—and he looks
prosecutor is probably one of the best jobs
across the table at the owners and he says,
I’ll ever have; being a partner in a great law
“There’s one critical difference between you
firm—best job I’ll ever have; right now, best
and me. I can’t will my linebacker spot to
job I’ll ever have. I’ve been lucky enough to
my son. The only thing I can do, the only
have three jobs where they’re the best jobs
thing I can pass on, is a safer, fairer game to
the player who is going to come after me.”
And you know, that’s cool.
What kinds of concerns are players talking
about at this stage?
They care about and they’re concerned
about their ability to play the game that they
love. But at the same time they also know
that the decisions that they made weren’t
ones that were made in a vacuum, they
weren’t ones that were made with the flip of
your fingers. This was a two-year process.
One of the things that concerns the players
the most is when they see documents—internal NFL documents, for example—that
show that back in 2008 that the owners were
more interested in locking them out. That’s
a tough thing for a player to take because
they engaged in the collective bargaining
process seriously. To see that two years ago
owners were gaming the TV contracts to
give them cash during a lockout, that’s a
stark reality for a lot of players that I’m not
sure they knew or expected. Players live in
a world where they understand competition. They understand teamwork, you don’t
have to teach them about sacrifice. For
them to look back and see that the people
that they work for took positions that had
nothing to do with sacrifice, had nothing
to do with competition and had nothing to
do with team—it’s tough for them. Because
they believed that they were all engaged in
an enterprise together and I think that for
many of them this was the first time that
they realized that the owners were not a part
of their team.
What are the next steps for the NFL Players
Association?
There is a remedies hearing in the TV case
that we won in mid-May and there are collusion cases out there. At the end of the day,
we’re working as hard as we can to try to
ensure that football’s going to be played in
the fall, and that remains our focus.
UVA Lawyer / Spring 2011 15
16 UVA Lawyer / Spring 2011
UVA Lawyer / Spring 2011 17
AP Photo/Charles Dharapak
By Cullen Couch
Demonstrators in favor of the health care reform bill chant outside of the
U.S. Capitol as the House prepares to vote on the bill in Washington, D.C.
18 UVA Lawyer / Spring 2011
“The added
burdens of history
and of cultural
and political
contingency will
virtually assure
that simplicity is an
early casualty in all
health care planning
wars.
”
“A critical component of any populationUPI/Kevin Dietsch
F
or more than two years the country
has been hotly debating the availability and cost of health
care. Facts and figures continue to be selectively argued,
leaving the impression that universal coverage is either a
necessary government obligation or an unaffordable social program.
If only the policy considerations were so simple.
Health care has been politically divisive for decades. Today, it
controls a $2 trillion piece of the economy. Health insurance revenues alone top $500 billion a year. It is an enormously complex
issue subject to a host of competing ethical demands. Congress
needed several thousand pages to try to get a handle on the health
care reform bill passed in 2010 (the Patient Protection and Affordable Care Act, or the Affordable Care Act), which President Obama
signed into law last year. Though critics complain about the Act’s
complexity, Michael Graetz ’69, a professor of tax law at Columbia
Law School and expert on health care reform, writes that such is the
fate of any legislation targeting health care.
“The more uncertain or compromised the choices among values,”
he writes, “the more likely [it] will exhibit high levels of institutional
complexity.… If trade-offs among … ethical perspectives were not
enough to induce institutional complexity, the added burdens of
history and of cultural and political contingency will virtually assure that simplicity is an early casualty in all health care planning
wars.” (Ethics, Institutional Complexity and Health Care Reform: The
Struggle for Normative Balance, with Jerry L. Mashaw, 1994).
To the scholars and health care professionals who have exhaustively researched the issue, health care reform offers any number
of policy choices that would contain costs, improve delivery, and
save lives. The solutions they propose involve combinations of government oversight (insurance exchanges, payment review boards,
price structures), free market principles (using deductibles, co-pays,
Health Savings Accounts), and rational delivery (electronic records,
episode payments). They acknowledge four core realities: one, the
Michael Graetz ’69, professor of law
at Columbia Law School, testifies
before a Senate Finance Committee
hearing on America’s tax system on
March 8, 2011.
federal government already accounts for almost half of health care
spending in the nation; two, it is virtually impossible to correlate
health care expenses with results; three, there will never be a perfect
universal health care system, anywhere; and four, without reform of
some kind, the nation’s health care system will collapse.
The Health of American Health Care
The United States is indisputably the world leader in lifesaving medical
technology and research, especially in cancer care, specialized surgery,
and ground-breaking new drug treatments. The U.S. health care
industry is also making huge strides in developing technologies that
will refine the delivery of care to patients.
“The science and art of medicine continues to improve in many
areas,” say Garry Carneal ’88, president and CEO of Schooner
Healthcare Services, a consulting company that helps design medical
management systems, health care communications, and technology.
“For example, the case management community is doing fantastic
based program in health care is to move
away from a fragmented and siloed
environment to one that is integrated and
promotes smooth transitions of care.
”
treatment plans. “The ACA is further supporting these innovative practices through a number of enabling provisions in the
law,” he says. “Of course, many of the details still need to be
sorted out at the regulatory level. A primary goal is to promote
better clinical outcomes while saving costs at the same time.”
Carneal hopes that attending physicians and others can
leverage more clinical information and other data elements to
promote quality-based interventions. “A critical component of
any population-based program in health care is to move away
from a fragmented and siloed environment to one that is integrated and promotes smooth transitions of care.”
Some micro-models in the U.S. also manage to provide
high levels of care at low overall cost. These models correlate
closely with local non-profit health care providers that use
salaried doctors, coordinated care, and a patient-centered apGarry Carneal ’88, President & CEO, Schooner Healthcare Services
proach, like the Mayo Clinic and the Cleveland Clinic. These
clinics put the patient in the center of a coordinated team approach, offering every type of service under one roof. Since salaried
things in terms of managing individuals with chronic illnesses,
doctors provide the care, they have no financial incentives to push
which is a major cost driver for the U.S. health care system.”
unnecessary services and procedures.
Over the past 20 years, according to Carneal, the medical manAccording to Richard Bonnie ’69, the Law School’s Harrison
agement system has evolved from traditional utilization review
Foundation Professor of Medicine and Law, other good models
functions into complex, condition management programs. The
exist in the states and in the private sector, and the reform legislacombination of evidence-based medicine along with emerging
tion supports them. “They are all moving ahead, and I don’t think
technology-based applications is empowering clinicians to support
anybody has a political problem with encouraging innovations in
patients with co-morbidities through more comprehensive care
delivery of care aiming to improve outcomes and lower costs.”
The experts in the health care sector are
well
aware of the successful models. In fact,
THE CONSTITUTIONAL QUESTION
many in the industry see acquisition opportunities for systems and technologies that
While most legal analysts agree that overturning the Affordable Care Act in the
Supreme Court will be difficult, the arguments for and against the law deserve
work. “Many of the innovations in health
more careful analysis than we can present here. Readers can listen to an interesting
care emerge from the private sector. The
panel discussion on the topic, Health Care Reform: What it Means for the Market, the
consensus is that if it’s already built, don’t
Constitution, and You, at http://bit.ly/h1DBdO, or, Making Real Health Reform Work, at
http://bit.ly/dJgwY7.
rebuild it—buy it,” says Carneal. “From a
public policy perspective, we need to mainFurther, we have included in Scholar’s Corner (page 29) a pertinent excerpt from Fred
Schauer, the Law School’s David and Mary Harrison Distinguished Professor of Law and
tain the right equilibrium between private
one of the panelists in that discussion. Schauer says the Supreme Court, on average,
and public sector initiatives. What venue or
hears only about 70 appeals a year, and that the Affordable Care Act fits a case profile
combination of approaches will work best?
that the justices historically have chosen to avoid.
For instance, the new state-based insurance
exchanges were originally expected to cover
UVA Lawyer / Spring 2011 19
“They are all moving ahead, and I don’t
think anybody has a political problem
with encouraging innovations in delivery
of care aiming to improve outcomes and
lower costs.
”
Richard Bonnie ’69
about 25 million Americans, but people forget that most Americans
are going to continue buying their insurance through the private
sector. We need to make sure that any reform prevents adverse risk
selection into any publicly-funded or subsidized risk pool.”
Policymakers are ultimately concerned with balancing feasibility and coverage. The U.S. currently spends almost two to three
times as much per capita on national health care (by government
and private providers) than other developed nations. At the same
time, the U.S. ranks 49th in the world in life expectancy and 46th
in infant mortality (CIA Factbook). The country’s insurance model
either doesn’t insure or under-insures those who need it most, the
indigent and working poor. It tends to over-insure those who need it
least, the fully-employed without preexisting conditions (something
the Affordable Care Act is designed to correct beginning in 2014).
The U.S. model also causes “job lock” for those afraid of losing
their employer-based health care. According to studies conducted
for the National Bureau of Economic Research (NBER), it reduces
job mobility by as much as 25%, which lowers overall U.S. labor productivity. It encourages too many expensive procedures that yield
few measurable results. It insulates consumers from the real cost of
their health insurance by cloaking it within tax schemes and salary
structures (e.g., the Milliman Medical Index reports that the actual
medical cost in 2010 for a typical American family of four was
$18,074, 59% of which came from employer subsidies). It “costshifts” onto taxpayers and insurers an estimated $30 billion a
year in “uncompensated” mandatory hospital care for those
who cannot pay.
“No one thinks that this is a market that actually works,”
says Professor Margaret “Mimi” Foster Riley. “Everyone agrees
there has to be some regulation, but a dichotomy exists between what each side’s political base is hearing and what the
policymakers are saying.”
Bonnie agrees. “Regardless of the differences of opinion
that experts might have about health care in the long run and
the best approach to these problems, everybody knows that the
system has to be changed. It is absolutely inefficient. What we
now have evolved over time, as so many things do, and completely lacks coordination and integration. If we were starting
over, no one would propose the system we now have.”
“Our national health care system works differently than
other nations,” says Bruce Kelly ’76, recently retired director of
government relations for the non-profit Mayo Clinic (sharing
his personal opinion, not any official position of his former employer). “Here, the more stuff you do and the more stuff you order,
the more money you make.”
“deadweight loss” of insurance coverage (receiving more insurance
than necessary, or buying too little because of price) is anywhere
from $125 to $400 billion in today’s health economy.
Further, a RAND study found that higher patient co-payments
reduced significantly the use of medical care, but without affecting
average medical outcomes. It also showed that total costs fell as copayments rose. In fact, contrary to complaints that higher copays
reduce access to doctors and increase the likelihood of more expensive hospital care, the reverse occurred. More primary care, not
less, led to higher hospital costs, without producing any measurable
health benefits.
Accountable Care Organizations: the New Hope for Health Care Reform
By Denise Forster
Two of the largest criticisms of the American
share in the Medicare savings it
groups to provide emergency
health care system, according to a PERSPECTIVES
achieves,” states the NEJM.
department, anesthesiology,
article in the New England Journal of Medicine
What constitutes “good” health care is not always obvious. Spending
does not guarantee wellness, and may produce no clear benefit. An
MRI for a suspicious headache may find nothing that would change
the treatment plan, or it might reveal an inoperable brain tumor.
Either way, the MRI itself did not alter the ultimate result.
This may seem pedantic, but it is at the root of the “Goldilocks”
problem in health insurance: how to create a “just right” insurance
policy that covers a person’s real needs, and no more. It further
complicates the Affordable Care Act’s mandate to examine “relative health outcomes, clinical effectiveness, and appropriateness” of
medical treatments. The tenuous connection between medical cost
and benefit complicates that research.
As a result, Americans are usually under-insured for necessities
or over-insured for incidentals. That has enormous consequences
for health care. According to one study from the NBER, the
hospitalist and radiology staffing,
place on January 1, 2012, and
management, and related services
paid for. “Because in many settings no single
the industry has been anxious
to more than 500 health care facili-
group of participants—physicians, hospitals,
for guidance. On March 31 the
ties. The EmCare business model
public or private payers, or employers—takes full
Department of Health and Human
means they adapt to the needs of
responsibility for guiding the health of patient or
Services finally released guidelines
their clients, thus they focus on
community, care is distributed across many sites,
that will hopefully dispel some of
things like core measures, efficient
and integration among them may be deficient.”
the uncertainty. While helpful, they
The lack of integration can lead to duplication of
are proposed regulations, with final
effort, wasted time, and high cost to the system
rule expected later this year. “The
and the patients, and, in the case of Medicare
relative lack of definition and detail
beneficiaries, to the U.S. taxpayers.
about ACOs can lead to some misperceptions or
company with multiple specialties is that we are
overgeneralizations that we find ourselves having
uniquely positioned to draw upon ‘best practices.’
Care Act is one of the first heath care delivery-
to combat,” says Todd Zimmerman ’90, president
We track and analyze several of the key metrics
reform initiatives establishing accountable care
of EmCare, a nationwide provider of outsourced
that will impact hospital revenue and patient
organizations (ACOs). Under the Medicare Shared
hospital-based physician services. “For example,
care in the coming years and use our national
Savings Program, doctors, hospitals, and other
I often hear people voice the belief that hospitals
experience to improve those metrics in individual
organizations are encouraged to create ACOs,
need to move to an employed physician model,
hospitals,” Zimmerman said.
through which care to large groups of Medicare
rather than an outsourced model, in order to enjoy
patients will be delivered. Under the law, an ACO
the benefits of an ACO.”
will assume responsibility for the beneficiaries’
means of delivering care, reducing
Todd Zimmerman ’90
President, EmCare
variability of care, and coordinating care across specialties. “One
of the benefits of being a national
According to Zimmerman, the reason companies like EmCare exist and have been successful
While ACOS are only mandatory for Medicare
over the years is that they demonstrate they can
care—meaning multiple doctors treating a patient
patients, many in health care see the benefit of the
effectively and efficiently manage the provision
will coordinate their care and patient information
coordinated model of delivery for all populations.
of physician services at hospitals. “The presence
will always be available at the point of care, not
And as the benefits to patients and businesses
or absence of health care reform, and specifically
with some other practice.
alike are easily identifiable, Zimmerman is seeing
the presence of ACOs, does nothing to change
a lot of activity across the industry, even with the
that fundamental concept,” he says. “If anything,
health care delivery and has the potential to be
Establishing ACOs make sense for improved
relative lack of guidance pertaining to ACOs. “There
it magnifies the importance of the benefits we
lucrative for practices and hospitals. If the ACO
is tremendous uncertainty in the industry right
provide with an outsourced model that brings into
succeeds “in both delivering high-quality care
now, much of it surrounding ACOs. Nobody wants
the hospital best practices and analytics from our
and reducing the cost of that care to a level below
to be caught unprepared.”
other locations across the country.”
what would otherwise have been expected, it will
20 UVA Lawyer / Spring 2011
ACOs are expected to be in
(NEJM), are the way health care is delivered and
Tucked into Section 3022 of the Affordable
Matching Expenses with Results
Using NBER data alone, the optimal insurance policy would
have the individual pay medical costs within some affordable range
(perhaps using pre-tax Health Savings Account or Flex programs),
and then pay in full when the costs became unaffordable. According to free market principles, individuals would choose only those
procedures that offered real and transparent benefit, reducing their
overconsumption of “premium care” and lowering costs for everyone.
Of course, these problems can’t be solved using economic analysis alone. Instead, politics will guide the process.
EmCare contracts with hospitals and physician
UVA Lawyer / Spring 2011 21
22 UVA Lawyer / Spring 2011
This page from top: American Medical Association officers at the
Senate Committee hearings on the Wagner Health Bill in Washington,
D.C., in 1939. Dr. Edward H. Cary, Chairman of the Legislative
Committee, AMA, (left) introduced the speakers to the committee, and
Dr. Leland; Franklin Roosevelt at one of his “fireside chats”; Franklin Pierce
(Library of Congress)
Historynyc.com
The photograph above shows retired senior citizens carrying pro-medicare
signs, as they picket outside the Hotel Americana during the American
Medical Association’s 114th annual convention in1965. Below: President
Lyndon B. Johnson signing the Medicare Bill in Independence, Mo., on
July 30, 1965, with honorary guest former President Harry S. Truman.
Americans long ago accepted the need for universal access to emergency health care; ambulances must pick up the sick and dying,
and hospitals must take care of them. Further, there will always
be individuals who, for some reason or another, fall outside of the
system. But providing primary care for them through emergency
rooms is ponderously inefficient and shockingly expensive. “We have
accepted that you have to have
a safety net,” says Bonnie, “but
the problem remains that unRelying on the
insured people can’t afford care
emergency
that would prevent many of those
department as
crises from occurring in the first
the sole portal to
place. Relying on the emergency
health care is not
department as the sole portal to
good for the patient
health care is not good for the
and it’s not good for
patient and it’s not good for the
system because we end up paying
the system.
for it one way or another.”
Every health care model
has that problem, but other
countries have built systems that provide that care more efficiently
than the U.S. “What you want is to provide free or low-cost access
to community clinics to provide preventive and urgent care for both
physical and mental health problems,” says Bonnie. “Whatever else
is done, the system needs a safety net that provides everyone reasonable access to medical care.”
Bonnie counts three challenges to health care reform; access,
quality, and cost. The Affordable Care Act took a big step to broaden
access, and some steps toward improving quality. “However, there’s
not much in the bill designed to solve the cost problem,” he says.
“Nobody is willing to step up to the plate and deal with the big problems, but we’re going to have to do that one day.”
Given the historical opposition to health care reform from the
traditionally conservative AMA, why did it change its mind and
support the Act? Perhaps it was responding to a restless membership. A Robert Wood Johnson Foundation poll found that over 70%
of doctors nationwide supported either a public health care system
(62.9%) or a public option in an insurance-based system (9.6%).
AMA members responded by roughly the same margins.
It was also partly good politics by the Obama administration,
which “carved off interest groups one at a time,” says Riley. “The
AMA and others saw that if they didn’t establish some equilibrium in
the system they had greater risk. The hospitals, the pharmaceutical
companies, even the physicians saw these changes coming and saw
that they could do well in the system. They were willing to accept
regulation to the extent it limited their risk. Where they don’t see
risks to their own interests, they’re going to be unwilling to play.”
“
”
by a public relations firm hired by the AMA and put into public
play using the mouthpiece of several hundred civic organizations
around the country). Someone, likely the PR firm, created a pamphlet that claimed Vladimir Lenin “believed socialized medicine is
the keystone to the arch of the socialist state.” This quotation was
deeply provocative in the days of the “red scare.” Political opponents
of health care reform continue to invoke it.
In 1965 President Lyndon Johnson, wielding the enormous
political power he had at the time, overcame AMA lobbying and
signed into law Medicare to cover the nation’s seniors and disabled
citizens. The one constant in health care reform was AMA opposition, according to Graetz.
Further efforts by presidents Nixon, Carter, and Clinton to
institute universal health care were stymied by more political miscalculations, missed opportunities, and AMA lobbying muscle.
AP Photo
began offering health care coverage to individuals. Health care costs
at the time were relatively modest, and risk premiums reflected that.
In the 1930s President Franklin D. Roosevelt tried to include
publicly-funded health care
programs in the Social Security legislation he was pushing
through as part of the New Deal.
That effort failed when the American Medical Association (AMA)
lobbied successfully against it,
objecting to what it claimed was
government-mandated “compulsory health insurance.”
During World War II the government issued wage and price
controls to tackle inflation, while allowing employers to offer fringe
benefits to attract workers. Employer-subsidized health insurance
was one of them. In a move that still shapes the health care system
to this day, the federal government then allowed tax deductions on
the amounts employers spent on health care. Today, according to an
NBER study, employer-based insurance dominates the market with
a tax subsidy worth about $200 billion annually.
After World War II it was President Harry Truman’s turn to call
for universal health care legislation. He cast the issue as a moral
imperative, but failed in the face of fierce lobbying efforts, again
primarily from the AMA. According to historian James Morone
in a talk he gave this spring to the University of Virginia’s Miller
Center of Public Affairs in Charlottesville, the AMA campaign was
the first to frame universal health care as “socialism” (a term coined
Library of Congress
In spite of the inefficiencies that would seem to attract
creative solutions, and general agreement that the system
is broken, the public debate about health care reform
continues to be, in the main, one driven by ideology
rather than by reasoned argument.
“A political system crafted by the founders to resist large-scale reforms,” writes Graetz in Rethinking
American Social Insurance: True Security (1999), “coupled with public and politicians’ fears of a ‘government
takeover’ of health care, has entrenched our health
insurance patchwork in the face of obvious inequities
and absurd levels of expenditure.”
The first stitches on this patchwork began over
150 years ago. In 1854, Congress passed and sent to President
Franklin Pierce’s desk the first federal effort to offer health care, a
“Bill for the Benefit of the Indigent Insane.” Pierce vetoed it, claiming that such “social welfare” was the responsibility
of the states, not the federal government. It would be
many decades later before the issue arose again, and it
was driven by an epic development that would change
medicine forever.
In 1928, Scottish scientist and Nobel laureate Alexander Fleming discovered penicillin. Before that,
doctors performed routine surgeries and emergency
care, but could offer only palliative care for almost
everything else. Health care occurred mainly in the
home, and costs were low. But with penicillin, doctors
could cure patients of ailments that had previously
killed and maimed. Vaccines and other medical breakthroughs followed. Technology and the growth of cities fueled the need for more
and bigger hospitals. In time, health care took on an
entirely new meaning and an ever larger role—
and expense—in the daily lives of Americans.
In 1929, feeling the brunt of the Great
Depression and seeking revenue to keep
itself afloat, a hospital in Dallas created a
non-profit organization called Blue Cross
that allowed 1,300 local teachers to finance up
to a 21-day stay in the hospital by pooling
small monthly payments. The idea
replicated rapidly across the country. Soon doctors followed suit,
offering employers the first Blue
Shield plan for their workers in
logging camps in the Pacific
Northwest. In 1934 private
for-profit insurers, sensing the market potential,
Patient Protection and
Affordable Care Act
Library of Congress
A Short History
UVA Lawyer / Spring 2011 23
30%
Federal
Revenues
Other Domestic
Defense
(if recent tax cuts
are extended)
Medicaid
g
20%
Medicare
10%
Social Security
0%
2006
2017
2028
2039
2050
a big provision funding this type of research,” Kelly recalls. “That
Even though its many longtime opponents—the AMA, the pharbrought in the earlier rhetoric about end of life discussions that got
maceutical industry, health insurers—supported the Affordable Care
blown into the ‘death panel’ issue. None of those issues had anything
Act, the new legislation still did not avoid criticism from the political
to do with universal health insurance.”
right, historically allergic to government intrusion; or the left, which
Carneal agrees that the rhetoric took over. “My disappointment
wanted a larger public role, mainly single-payer insurance.
is that when things get politicized or when people over-emphasize
Riley sees two debates going on. “One is the political rhetoric to
a particular stakeholder
rally the base, right and left. The other is the inside-the-Beltway
perspective, the debate often
battle between technocrats over privatization versus regulation.
becomes subjective and biThat debate actually is reflected in the Affordable Care Act—
None of those issues
ased,” he says. “Among other
which is essentially the plan Nixon proposed four decades
had anything to do
challenges, any health care
ago—where it contains provisions that intersect between those
with universal health
reform initiative needs to
groups. The base doesn’t hear any of this. The public debate is
insurance.
address a myriad of technical
hyper-politicized and yet it has very little relevance to what’s
issues and funding challenges
actually taking place in Washington.”
that do not always have straight-forward solutions. Public policyKelly, a veteran of legislative battles over health care, was in the
makers also need to find the right balance between incremental and
middle of the Senate discussions. “For all the legislation I have ever
comprehensive reforms.”
had anything to do with, and I have been doing this for over 20 years,
No public official wants to use the word “rationing,” but health
the Affordable Care Act was the most difficult,” he says. “It became
care cannot be reformed without acknowledging the need for an
very big and turned totally partisan at the end. There were attempts
overall health care budget that requires caps on expenditures for
to bring some Senate Republicans into the fold. There were a lot of
procedures and services. Some will cost consumers more. Some will
private conversations about finding a compromise position. That’s
not be fully covered, and others will be excluded entirely. “People
the normal legislative process, give and take, but that compromise
can’t have everything they want when they want it,” says Bonnie.
never materialized.”
“How you make those decisions based on evidence is the challenge
According to Kelly, if the legislation had focused solely on
that we now face. At least the seeds for it have been planted in
universal health care insurance, Congress might have produced a
the legislation, and it has to slowly trickle into the culture from a
bipartisan bill. But the bill began to cover other aspects of reform
political standpoint.”
that invited dispute. “The scope was too broad,” he says. “Everybody
Ultimately, given the real disagreements about the details of
thinks it was a bill designed to provide every American with health
reform, its politics, and the unique cultural and fiscal constraints on
insurance. That was the main thrust, but only a part of it. There were
providing universal health care, Bonnie believes the Act was a good
many other moving parts relating to Medicare and Medicaid and
bill. “Many experts in the field would have preferred something else,
research. A lot of those became controversial.”
but they are generally supportive of the Act. I think that is telling.
For example, the economic stimulus package in 2008 contained
The experts know the political constraints within which Congress
funds for comparative research analyzing the efficacy of experimenwas operating. We’re not going to be single payer, we’re maintaining
tal medical procedures. At the time, opponents of the idea argued
the health insurance industry, and we’re not fundamentally changthat such research was an attempt by the government to ration
ing Medicare and Medicaid. That removes a lot of options. But at
health care, getting “between you and your doctor.” That dispute
least, we can begin to solve some of the problems.”
carried over into the 2010 health care reform debate. “The bill had
“
”
24 UVA Lawyer / Spring 2011
Four Health Care Models
Both sides of the debate cite health care systems around the
world to point out what is right or wrong about health care
in America. The irony is that these other models are hardly
“foreign,” according to journalist T.R. Reid, author of The Healing
of America. Americans already use versions of each of them.
The National Health Insurance model (Canada, Australia, Taiwan, South Korea) uses private care providers working
within a government-run, non-profit insurance plan (singlepayer, or one entity acting as administrator) that citizens pay
into on a monthly basis. It uses its superior marketing power
to negotiate lower prices. It limits covered procedures to those
that meet efficiency guidelines. It is notorious for long waiting times. In Canada, it’s called Medicare, just like it is here for
Americans who turn 65.
In the Beveridge model, named after the British social
reformer William Beveridge who designed it (UK, Italy, Spain,
Scandinavia, Hong Kong), the government uses taxes to finance
and provide health care for all. Most care providers work for the
government, while some are private. All are subject to government cost controls and fee structures. Patients pay no medical
bills. Here in the United States, native Americans, and military
personnel and veterans, enjoy the same coverage.
The Bismarck model named after Prussian Chancellor Otto
Margaret “Mimi” Foster Riley
Von Bismarck (Germany, France, Japan, Belgium, Switzerland,
Latin America), uses private payers and providers to deliver
health care. It sets fees and tightly regulates several hundred
private, non-profit insurance plans (or “sickness funds”) to make
The public debate is hyper-politicized and
sure they cover everyone. Except for the “covering everyone”
yet it has very little relevance to what’s
part, this is the primary model in this country for working
actually taking place in Washington.
people under the age of 65.
In the Out-of-Pocket model (most of the undeveloped
world), it is pay-as-you-go if you can afford it. 47 million uninsured Americans live under this model, unless they can find a
Profit, of course, is not a bad thing, though the non-profit health
free clinic, get admitted to the emergency room at a public hospital,
care models incur only a fraction of the administrative costs of foror suffer from a covered condition and be poor enough to qualify
profit providers in the U.S. Further, Bonnie sees the “lines between
for Medicaid.
the two models getting awfully blurry when you look at providers
of services.” The Affordable Care Act offers incentives to providers
to be efficient, offer high quality, and achieve patient satisfaction. It
also fosters competition between providers to allow patients meanIn the End, Politics
ingful choice. “When you take all those factors into account, I’m
not sure how big a difference there is between organizations that are
The Beveridge, Bismarck, and NHI models have their own advantages
basically non-profit and those that are not,” he says.
and drawbacks. Each struggles with rising health care costs. Each
It is a leap, then, to suggest that the free-market individualism
reflects unique cultural standards. But all of them share two important
so ingrained in American culture would pursue a broad non-profit
characteristics: they are largely non-profit, and they cover everyone.
model. In fact, a variety of business interests and state’s Attorneys
Not so in the U.S. According to data collected by Yahoo Finance, the naGeneral are working to undo the Affordable Care Act. But rising
tion’s health care sector reaps tidy profit margins, about 21.5% overall.
costs, endless tweaking, and fiscal mismanagement in the present
Insurance and hospital profits are only about 4%, but pharmaceuticals
system only underscore the gravity of the problem. The U.S. model
(23%) and medical devices (12.6%) pull up the average.
“
”
UVA Lawyer / Spring 2011 25
“When you start changing the way you
deliver and pay for care, somebody’s
income is going to go down, and
everybody gets into full battle mode to
protect their particular turf.
”
Bruce Kelly ’76 was director of government relations for the Mayo Clinic.
cries out for reform, yet there are too many competing visions to
yield an easy solution. But doing nothing is not an option.
Many on the left argue that health care is a civil right; a basic
need that government should provide. Many on the right disagree,
seeing too much moral hazard in a system that they believe would
reward bad behavior and invite abuse. At bottom, universal health
care challenges a host of ancestral beliefs deeply embedded in the
culture. People resist arguments that conflict with those beliefs.
Health care policy is already hard enough to understand without
having to hurdle that obstacle as well.
“It’s a question of first principles,” says Riley. “As one who comes
from a liberal tradition, I typically use the metaphor that the Affordable Care Act was a train that needed to be started. Without
that train moving a big framework into place, we will get nowhere.
We can adjust it as experience requires. My friends at the Heritage
Foundation would say we didn’t need the Act, that it contains layers
of unnecessary regulations, and better to tweak health care slowly
and go only as far as we need to go. Interestingly enough, we’re not
that far apart, since we all recognize that the delivery of health care
has serious problems.”
Kelly watched the bill’s negotiations devolve into a basic philosophical issue of government control. “No matter how people started
26 UVA Lawyer / Spring 2011
out looking at it,” he recalls, “at the end, it boiled down to the
question of who do you want running your health care—the
government, or you and your doctor? That’s not an accurate
portrayal of what the whole thing was about, but that’s what it
became instead of a ‘how-do-we-make-this-work’ issue.”
Kelly also cites one other key problem: the sheer size of
the health care economy. “There’s a lot of money at stake for
the providers,” he says. “When you start changing the way you
deliver and pay for care, somebody’s income is going to go
down, and everybody gets into full battle mode to protect their
particular turf.”
But the health care industry is moving forward, no matter
what, says Bonnie. “It’s hard to imagine as a practical matter
how you would now repeal this. The insurance industry, which
supported the bill, is adapting to the changes that have already
taken effect and is planning for the next round. Many states,
notwithstanding the litigation, are taking steps to move forward, and the Obama administration is giving them greater
flexibility as it promulgates proposed regulations. Many provider groups are reorganizing themselves to take advantage of
incentives created by the Act. At this stage, outright repeal seems
more like a political slogan than a real option.”
However, Carneal would prefer a “go-slower” approach from a
purely practical standpoint. “The federal agencies are moving forward too quickly to fully vet the best policies to implement. The devil
is often in the details. The over-reliance of ‘interim’ rulemaking procedures over the past year has short-circuited traditional feedback
loops that are usually required by the administrative rulemaking process. When you rush, you make assumptions which can compromise
the end result. In a similar vein, the cost estimates keep changing. Do
we really know how much this is going to really cost?”
For example, most everyone agrees that the insurance exchange
concept is a good model, but the path to implementation sets forth
many nuances that must be resolved, according to Carneal. “Each
state needs to figure out how the exchange models in their respective jurisdictions need to be adopted and run. How will the private
insurance market interface with the state-based exchanges? How
many health plans can participate in the exchanges? What technological interfaces are needed to track eligibility as individuals move
in and out of the exchanges? And so on. As a result, my sense is that
many state regulators are feeling rushed due to the Act’s timelines
and mandates.”
Kelly also sees the medical profession moving away from the
solo and small group practices that have traditionally dominated
AMA membership. “There are growing numbers of salaried doctors
in multispecialty clinics, like Mayo,” he says. “That’s the dominant
model for health care delivery in the Pacific Northwest, in the upper
Midwest, and other areas. That model is spreading.”
Given the political confines in which health care reform must
function, Bonnie is hopeful. “I think that the Congress did a reasonably good job putting a plan in place. Things are moving along. You’ve
got administrative structures that are hopefully going to continue to
make it work. There may be tweaks that Congress needs to make
from time to time, but that’s the way things work. I think that this is
a reasonable reform that has a realistic prospect of being successful.”
“Ultimately, I have faith in the political process even though it
appears to be very partisan these days,” adds Carneal. “We need
to work through all of the key decision points in an objective and
systematic manner. The current health care reform debate has
created an important national dialogue. It is imperative that we
take the time to effectuate meaningful change that promotes higher
quality care and more consistent coverage for all Americans.”
Patient Protection and Affordable Care Act—Summary
Cost:
$940 billion over ten years.
Deficit:
Would reduce the deficit by $143 billion over the first ten years. That is
an updated CBO estimate. Their first preliminary estimate said it would
reduce the deficit by $130 billion over ten years. Would reduce the deficit
by $1.2 trillion dollars in the second ten years.
Coverage:
Would expand coverage to 32 million Americans who are currently
uninsured.
Health Insurance Exchanges:
The uninsured and self-employed would be able to purchase insurance
through state-based exchanges with subsidies available to individuals and
families with income between 133 percent and 400 percent of the federal
poverty level.
Medicare:
Closes the Medicare prescription drug “donut hole” by 2020. Seniors who
hit the donut hole by 2010 will receive a $250 rebate. Beginning in 2011, seniors in the gap will receive a 50 percent discount on
brand name drugs. The bill also includes $500 billion in Medicare cuts over
the next decade.
Medicaid:
Expands Medicaid to include 133 percent of federal poverty level which is
$29,327 for a family of four. Requires states to expand Medicaid to include childless adults starting in
2014. Federal Government pays 100 percent of costs for covering newly eligible
individuals through 2016. Illegal immigrants are not eligible for Medicaid.
Insurance Reforms:
Separate exchanges would be created for small businesses to purchase
coverage—effective 2014.
Six months after enactment, insurance companies could no longer deny
children coverage based on a preexisting condition. Funding available to states to establish exchanges within one year of
enactment and until January 1, 2015.
Starting in 2014, insurance companies cannot deny coverage to anyone
with preexisting conditions. Subsidies:
Individuals and families who make between 100 percent–400 percent of
the Federal Poverty Level (FPL) and want to purchase their own health
insurance on an exchange are eligible for subsidies. They cannot be
eligible for Medicare, Medicaid and cannot be covered by an employer.
Eligible buyers receive premium credits and there is a cap for how much
they have to contribute to their premiums on a sliding scale.
Federal Poverty Level for family of four is $22,050
Paying for the Plan:
Medicare Payroll tax on investment income —Starting in 2012, the
Medicare Payroll Tax will be expanded to include unearned income. That
will be a 3.8 percent tax on investment income for families making more
than $250,000 per year ($200,000 for individuals).
Insurance companies must allow children to stay on a parent’s insurance
plans until age 26.
Individual Mandate:
In 2014, everyone must purchase health insurance or face a $695 annual
fine. There are some exceptions for low-income people.
Employer Mandate:
Technically, there is no employer mandate. Employers with more than
50 employees must provide health insurance or pay a fine of $2000 per
worker each year if any worker receives federal subsidies to purchase
health insurance. Fines applied to entire number of employees minus
some allowances.
(courtesy of cbsnews.com)
Excise Tax—Beginning in 2018, insurance companies will pay a 40 percent
excise tax on so-called “Cadillac” high-end insurance plans worth over
$27,500 for families ($10,200 for individuals). Dental and vision plans are
exempt and will not be counted in the total cost of a family’s plan.
Tanning Tax —10 percent excise tax on indoor tanning services.
UVA Lawyer / Spring 2011 27
Scholars Corner
Fred Schauer hardly needs introduction; he is one of the world’s
most prominent and influential legal scholars. He analyzes issues
of first-order importance to the design of a well-functioning legal
system. Schauer made his name as a First Amendment scholar, soon
broadened his focus to include jurisprudence, and has also written
extensively on Constitutional law more generally. Schauer’s current
work incorporates his interest in the psychology of cognition and
decision making that ties in nicely with his longstanding fascination
with the role and functioning of rules in society. Thirty-six years after
joining the academy, his scholarship remains innovative and protean.
In the following excerpt, Schauer evaluates how the Supreme
Court chooses which cases to review. He argues that the Court
generally decides either low controversy or low salience issues and
avoids issues that are both high controversy and high salience (such
as health care, bailouts of banks and auto companies, and the wars
in Iraq and Afghanistan), which helps the Court retain a degree of
legitimacy and respect.
Court has addressed important issues of gun control, campaign
finance, capital punishment, punitive damages, presidential power,
detention of enemy combatants, sexual orientation, and religion
in the public sphere, among others, it has decided no cases determining the authority of a president to commit troops to combat
outside of the United States. Nor has it directly decided cases involving health care policy, federal bailouts of banks and automobile
manufacturers, climate change, and the optimal rate of immigration. And nothing the Court has decided for years is even in the
neighborhood of addressing questions involving mortgage defaults,
executive compensation, interest rates, Israel and Palestine, and the
creation of new jobs.
The latter list is not randomly chosen. Rather, it is a list of the issues that dominate public and political discourse, a list surprisingly
removed from what the Supreme Court is actually doing. Three
years ago I noticed this gap between what the public cares about
and what the Supreme Court does, and updating the data does not
change the picture. When asked in
non-prompted fashion to name the
most important issues facing the
country, Americans overwhelmingly
name the economy, health care, wars
in Iraq and Afghanistan, jobs, immigration, and education, as they have
for the past eight years. Indeed, the
list resembles those for much of the
past three decades. Crime occasionally breaks into the top ten, but the
most recent lists capture not only the
long-standing importance of basic
foreign policy and economic issues,
but also the persistent non-appearance in the top ten (and usually
even in the top twenty) of abortion,
sexual orientation, race, gender, and
the other issues that represent the
salient part of the Court’s docket.
When importance is measured
by what the public and their
Fred Schauer
elected representatives think is
important, therefore, and by what
the government actually works on, the Supreme Court’s docket
seems surprisingly peripheral. That is not to say that what the
Court does is not important, but it is to say that its actual business
Is it Important to Be Important?:
Evaluating the Supreme Court’s
Case-Selection Process
Yale Law Journal Online 77 (2009)
A
s the Supreme Court’s caseload shrinks, from
about 150 cases per year in the 1980s and early 1990s to about
70 now, concern has grown over whether the Court is leaving too
many important cases undecided. But the extent to which the concern is justified depends in part on what we mean by “important,”
and in part on whether it is important that the Supreme Court
decide important cases. That the Court has traditionally taken on
important cases and issues is a commonplace, but whether the commonplace is true depends on how we phrase the question. Whether
what much of what the Supreme Court does is important is very
different from whether much of what is important is done by the
Supreme Court, and without knowing which we are asking, we cannot intelligently evaluate the Court’s case selection process.
The difference between how much of what the Court does is important and how much of what is important the Court does emerges
upon even a casual glance at the daily newspapers. Although the
UVA Lawyer / Spring 2011 29
Scholars Corner
…
Faculty News & Briefs
30 UVA Lawyer / Spring 2011
Management of Intellectual
Property: Lessons from a
Generation of Experience,
Research, and Dialogue, which
published the report: “Managing
University Intellectual Property in
the Public Interest,” in October.
In January she moderated a
panel on “Bilski and the Supreme
Court—A New Frontier?” at the
Global Forum on Intellectual
Property in Singapore. She also
taught an intensive course in
International Patent Law and
Policy as visiting professor at the
National University of Singapore.
In February Bagley delivered
as keynote speaker, “The Future
of Gene and Biotech Patents,” at a
symposium on Hot Topics in IP at
Duke University School of Law.
Ken Abraham
has been
appointed an
advisor to the
American Law
Institute’s
project,
“Principles of Liability Insurance
Law.” He also published “Lessons
Learned from the History of
Corporate Liability Insurance in
the United States” in Geneva
Papers on Risk and Insurance.
In November
Kerry Abrams
participated in a
symposium sponsored by the
Michigan State Law Review
entitled “Modernizing Marriage
through E-Marriage.” The paper
she presented was a legal history
of marriage by proxy as a method
of circumventing immigration
quotas. In February Abrams
presented another paper,
“Marriage Fraud,” at the Vanderbilt Law School faculty workshop.
Margo Bagley is a member of the
National Academy of Sciences
Committee on University
Grace Benson Photography
Court’s cases have been similarly unrepresentative and its decisions
is less important to the public and to the public’s representatives
similarly unhelpful. And thus if frequency of litigation in the lower
than lawyers and law professors tend to believe. And it is hardly
courts combined with unanswered questions about the state of the
clear there is anything wrong with this. By dealing either with lowlaw is some indication of legal importance, then the Court’s record
controversy issues or with high-controversy low-salience issues, and
of taking legally important cases is little stronger than its record of
thus by generally avoiding high-controversy high-salience issues,
taking socially important cases, but with far less justification.
the Court may retain public confidence and empirical legitimacy
The Court’s weak record of deciding legally important cases
necessary to secure at least grudging acquiescence in its most
is likely a function of its inability systematically to gain needed
controversial decisions.
information about legal importance. When appellate courts make
It is one thing to recognize the strategic value of avoiding most
decisions, they determine the outcome of the dispute between the
publicly important issues, but quite another to see much value in
parties and set forth a rule that governs large numbers of other acts
the Court’s avoidance of legally important issues, one measure of
and events. In order to perform the latter task adequately, however,
which would be the extent to which the issue appears in lower court
courts need a sense of the array of events that some putative rule
litigation. If that is the measure, however, then there is evidence
or standard or policy or test will control. The problem,
that the Supreme Court is little more inclined
however, is that courts find themselves suffering from a
to take on legally important issues than publicly
structural inability to obtain just that kind of information.
important ones.
The Court’s
First, courts are of course not well situated to go out
It is impossible here to offer full empirical
weak record of
and actually research the field of potential application of
analysis and support for this claim, but consider
some rule. Occasionally one of the parties might do this
as an example litigation under the First Amenddeciding legally
in a brief, but it is rare, and even at the Supreme Court
ment’s speech and press clauses, a great deal of
important cases is
level amicus briefs seldom serve this function. Second,
which is represented by free speech issues arising
everything we know about the availability heuristic and
in public employment and the public schools.
likely a function
related phenomena tells us that a court trying to make
Indeed, issues involving student and teacher
of its inability
a rule in the mental thrall of the particular case before
speech, employee speech, organizational memit will likely assume, often inaccurately, that the case
bership, and related topics vastly overwhelm the
systematically
before it is representative of the larger field. Finally, and
quantity of lower court First Amendment issues
to
gain
needed
most importantly, the selection effect—the process by
dealing with obscenity, indecency, incitement,
which cases with certain characteristics get to appellate
press freedoms, and the numerous other topinformation about
courts and other cases with different characteristics do
ics that dominate the casebooks. Yet although
legal importance.
not—provides further distortion of information. Whenschools and public employee cases far surpass
ever the Supreme Court—or any court—sets forth a
other categories of First Amendment litigation
rule, standard, principle, or test, it creates the possibility
in the lower courts, the Supreme Court takes
of three different forms of behavior on the part of those
surprisingly few such cases. In forty years it has
the rule addresses. One is compliance, another is violation, and the
taken only four involving speech in the public schools, three dealthird is “dropping out,” ceasing to engage in the behavior the rule
ing with speech in colleges and universities, and twelve on the free
seeks to regulate. So when the Court decided Miranda v. Arizona,
speech rights of various public employees.
it created a world in which some police officers complied by givThat the Supreme Court takes few cases in a number of highing the required warnings, others violated by conducting custodial
litigation areas would be of less moment if the cases it did take were
interrogations with giving warnings, and some stopped conducting
representative, and the decisions it issued useful in terms of providcustodial interrogations.
ing guidance. But in fact neither of these occur. In Morse v. Frederick,
The selection problem arises because the courts will never see
for example, the “Bong Hits 4 Jesus” case, the Court, in deciding
the dropout cases, and rarely see the compliance cases. By seeing
only its fourth student speech case ever and the first in more than
only the violations, courts find themselves subject to severe infora decade, took and decided a case that was highly unrepresentative
mation distortion. And because this phenomenon is exacerbated
of the student speech cases that bedevil the lower courts. And havas litigation ascends the appellate ladder, the Supreme Court, even
ing taken the case, even the majority issued an opinion that was
taking into account the information provided by amicus briefs, the
so narrow, so case-specific, and so idiosyncratically about alleged
research done by the Justices and their clerks, and the fact that the
encouragement of drug use as to provide virtually no guidance to
Justices read the newspapers, will be at an informational disadvanthe courts that have to deal with the issue.
tage in deciding which cases to decide and how broadly or narrowly
Morse is hardly unusual. On a large number of issues of reguto decide them.
latory law, constitutional law, criminal procedure, and others, the
Richard Bonnie ’69
is directing a
multi-year project
funded by several
foundations
designed to
promote use of
advance directives by people with
mental illness. Use of advance
directives is a major feature of the
reforms enacted by the Virginia
General Assembly in accord with
recommendations of the
Commission on Mental Health
Law Reform, chaired by Bonnie.
Earlier this year, he spoke about
this project on January 20 to the
Robert Wood Johnson Public
Health Law Research Conference,
in Tempe Ariz., on March 1 to the
UVA Psychology Department,
and on May 4 to the Annual
Conference of the Virginia
Association of Community
Services Boards in Williamsburg.
This spring Bonnie also spoke
about the role of asylums in the
history of mental health treatment
at the UVA School of Architecture, on mandatory outpatient
treatment at the University of
Maryland Law School, and on
the challenges of mental health
law reform at Duke University’s
Department of Psychiatry
During this period, Bonnie
made several contributions to the
National Research Council of the
National Academy of Sciences.
He is serving on a committee
charged with developing a
blueprint for reforming juvenile
justice and is also a member of
a governing board that oversees
research in behavioral, cognitive,
and sensory sciences. He also
Alumnus and former UVA Law Professor, William J. Stuntz ’84, lost his
three-year battle with cancer on March 15. He was 52 years old.
A native of Maryland, Stuntz received a B.A. from the College of
William & Mary in 1980 before coming to the Law School. As a student
Stuntz was notes editor of the Virginia Law Review and received
several honors, including the Alumni Association Award for Academic
Excellence, given to the member of the graduating class with the highest
academic standing, and the Roger and Madeline Traynor Prize for the
best student written work.
Following law school, Stuntz clerked for U.S. District Judge Louis
Pollak and Supreme Court Justice Lewis F. Powell, Jr. After his clerkships
he returned to the Law School to teach torts, criminal law, civil rights litigation, remedies, and criminal
procedure. He was a frequent lecturer to police audiences at the FBI Academy in Quantico, Va., and an
occasional speaker for other groups, including federal and state judges, state prosecutors, and students at
the Center for Christian Study.
In 1993 he was awarded the First-Year Student Council Teaching Award. He spent the 1996–97 academic
year as a visiting professor at Yale Law School. In 2000 he moved to Harvard Law School, where he won the
student teaching award in 2004 and became the Henry J. Friendly Professor of Law in 2006.
UVA Lawyer / Spring 2011 31
Faculty News and Briefs
…
coordinated the scientific review
of a report on improvement of
intelligence analysis through
greater use of behavioral and
social sciences, with colleague
Barbara Spellman serving on
the NRC panel that produced
the report. He published an
article on “The Transformation
of Forensic Psychiatry” in the
Journal of Psychiatry and the
Law, as well as two opinion
pieces on the constitutionality of
the individual mandate provision
of the Patient Protection and
Affordable Care Act.
Tomiko Brown-Nagin published
Courage to Dissent: Atlanta and
the Long History of the Civil Rights
Movement (Oxford University
Press); and “Hollow Tropes: Fresh
Perspectives on Courts, Politics,
and Inequality,” in the Tulsa Law
Review journal issue. She was an
invited reviewer in Tulsa Law
Review of Martha Minow’s In
Brown’s Wake (Oxford, 2010);
Paul Frymer’s Black and Blue:
African Americans, the Labor
Movement, and the Decline of the
Democratic Party (Princeton,
2007); and Julie Novkov’s Racial
Union (Michigan, 2008).
In February Brown-Nagin
began contributing to the Legal
History Blog and gave an on-air
interview on Courage to Dissent
to a Tulsa NPR Affiliate; gave a
32 UVA Lawyer / Spring 2011
Faculty News and Briefs
…
lecture on the book at the Atlanta
History Center; and gave the
Buck Franklin Memorial Civil
Rights Lecture at University of
Tulsa College of Law.
In March she gave the Courage
to Dissent book lecture at the
Smithsonian American Art
Museum at the National Portrait
Gallery in Washington, D.C. and
at Washington and Lee School of
Law. She served as a panelist at
the Virginia Festival of the Book
on “Civil Rights, Women’s Rights,
Human Rights” in Charlottesville;
and was on a book review panel
at the Law School (with readers
Risa Goluboff, Ken Mack, and
Anthony Alfieri). She also gave an
on-camera interview on Courage
to Dissent on C-Span Book TV.
In April Brown-Nagin was a
panelist on “The Jurisprudence
of the Student Movement,” at the
Ella Baker Day Symposium at
UVA; a presenter at the Law and
Politics Workshop at Washington
University in St. Louis; and gave
the Courage to Dissent book
lecture at Furman University. In May Brown-Nagin presented a U.S. Supreme Court
Review to the Virginia Judicial
Conference; and was a panelist on
“South Meets North: Creating A
New Narrative of the Civil Rights
Movement” at Northwestern
University. In June Brown-Nagin will be
the summer institute presenter
of Bush v. Orleans Parish School
Board, at the “Federal Trials and
Great Debates in United States
History,” at the Federal Judicial
Center in Washington, D.C.;
and a panelist at the Association of American Law Schools
Mid-Year Workshop, “Women
Rethinking Equality,” also in
Washington, D.C.
In July Brown-Nagin will be a
visiting professor at the University of Münster in Germany,
teaching “Current Issues in U.S.
Constitutional Law.”
In February Jon Cannon gave the
keynote address on watershed
governance at an ABA Water Law
Conference in San Diego.
In March Cannon participated
on a panel with the current U.S.
Environmental Protection Agency
general counsel and two other
former EPA general counsels at
the ABA’s 40th Annual Conference on Environmental Law
in Salt Lake City. The panelists
discussed the development of
environmental law over the last 40
years and prospects for the future.
Cannon has an article
forthcoming on environmental
enforcement in Regulation and
Governance and is beginning
work on a book on environmentalism and the Supreme Court
under agreement with Harvard
University Press. Narratives of Undocumented Lives,
about undocumented immigrants
in the U.S. Ford served as legal
advisor and an assistant editor on
that book, and one of his
Immigration Law Clinic clients
provided her story.
In April George Cohen conducted
a workshop at Case Western
Reserve University School of
Law. The tentative title of the
resulting paper is “The Financial
Crisis and the Forgotten Law of
Contracts.” Cohen also led a panel
presentation on “Ethical
Obligations of Government
Lawyers” for the ABA section on
Administrative Law at its meeting
in Charlottesville.
Doug Ford
was
associate
editor for
Hope Deferred: Narratives of
Zimbabwean Lives, published this
spring, for which he provided field
research in South Africa, editing,
and legal advising. The book,
reviewed favorably in the March
issue of Harper’s magazine, is part
of a series called Voice of Witness
“illuminating human rights crises
through oral history.” In March
Ford joined the main editors for a
presentation on the release of the
book at Busboys and Poets in
Washington, D.C. Ford previously
helped with an earlier book in the
series, Underground America,
Harvard University Press
published Brandon Garrett’s
book, Convicting the Innocent:
Where Criminal Prosecutions Go
Wrong, which examines what
went wrong in the first 250 DNA
exonerations in the United States.
Garrett spoke about the book at
the Virginia Festival of the Book
in March and at Duke Law School
in April. Garrett also posts data
and resources relating to the book
at www.law.virginia.edu/innocence.
Garrett testified about the
wrongful conviction data
presented in the book at hearings
in State of Texas v. John E. Green
regarding the constitutionality
of the Texas death penalty in
Houston in December.
A multimedia project exploring
several of the wrongful conviction
cases described in the book and
their causes, as well as criminal
procedure reforms, will be titled
“Getting it Right” and will be
hosted on the Innocence Project’s
website this Spring. Garrett
authored a short piece related to
the book, “The Contamination
of a False Confession,” for the
ABA Litigation Journal. Another
short article, titled “Understanding Eyewitness Identifications”
was published on the Harvard
University Press blog. A piece
titled “Preventing Wrongful
Convictions” will appear in the
Boston Globe.
Garrett’s book chapter,
“Collaborative Organizational
Prosecutions,” is forthcoming in
Prosecutors in the Boardroom,
published by NYU Press. In January Garrett presented a
draft, forthcoming in the Virginia
Law Review, titled “Globalized
Corporate Prosecutions” at the
UVA Faculty Retreat.
In February he testified before
the D.C. Council concerning
legislation that would create
an independent forensic crime
laboratory, and presented a draft
article titled “Eyewitnesses and
Exclusion” at Vanderbilt Law
School and at George Washington
Law School (in March).
Risa Goluboff
won an
All-University Teaching
Award from
UVA this spring (see Law School
News in this issue for more
information).
Last October she presented
“Building and Sustaining
Grassroots Movements for
Economic and Racial Justice” in
the Class Matters Lecture Series at
University of Virginia.
In March Goluboff was a commenter on a Law School panel
discussion on Tomiko BrownNagin’s Courage to Dissent; and
chaired the panel, “Civil Rights,
Women’s Rights, Human Rights”
at the Virginia Festival of the
Book in Charlottesville.
In May she will present “Policing the Police: The ACLU and
Vagrancy Law in the 1950s” at
the Cardozo Law School Faculty
Workshop.
A. E. Dick Howard ’61 gave the Class
of 1965 Lecture at the University
of Richmond’s International
Studies Center. Newly opened last
fall, the center began its first year
with a lecture by Thomas
Friedman, and Howard’s lecture
closed out the inaugural year. He
spoke on “Revolutions and
Constitutions: From the Bastille to
Tahrir Square.” Howard traced the
kinds of constitutions that have
flowed from major revolutions,
beginning with the American and
French revolutions, then
considering the 1848 revolutions
in Europe, the Mexican Revolution, Ataturk’s Turkey, and
post-communist Central and
Eastern Europe, and, finally,
musing on what a post-Mubarak
constitution might look like in
Egypt.
In Charleston Howard gave
the Pinckney Lecture, named
for Charles Pinckney, one of the
more important members of the
Philadelphia Convention of 1787.
Howard’s subject was the place
that American ideas, especially
those of Pinckney’s era, have had
in constitutional developments on
other countries and cultures.
James Madison’s Montpelier organized a seminar for members of
the General Assembly of Virginia.
Howard lectured on the constitution of Virginia and moderated a
discussion among the legislators,
Republicans and Democrats, on
current constitutional issues in
Virginia.
In Washington, D.C., Howard
appeared on National Public
Radio’s “Diane Rehm Show.” The
subject of discussion was the Bill
of Rights.
In January Douglas Laycock spoke
on “Rabbinical Courts in
American Law” to the Section on
Jewish Law, and on “Rebirth of the
Irreparable Injury Rule?” to the
Section on Remedies, at the
Annual Meeting of the Association of American Law Schools in
San Francisco. His talk to the
Section on Remedies keynoted a
program devoted to the 20th
anniversary of his book, The Death
of the Irreparable Injury Rule.
In February Laycock spoke
on “Recent Developments in
Religious Liberty” to the national
convention of the J. Reuben Clark
Law Society in Dallas; moderated
UVA Lawyer / Spring 2011 33
Faculty News and Briefs
…
a panel on “R3RUE and Contract”
at a conference at Washington &
Lee Law School “rolling out” the
Restatement (Third) of Restitution
and Unjust Enrichment; and moderated a panel on “Conscience
Protections? Smart Medicine
or Dereliction of Duty?” at the
12th Annual Conference on
Public Service and the Law at the
Law School.
In March he gave the Philip
J. McElroy Lecture on Law and
Religion, on “Sex, Atheism,
and Religious Liberty,” at the
University of Detroit Mercy
School of Law.
In April he spoke on Andrew
Koppelman’s forthcoming book,
Religious Neutrality in American
Law, at a conference of The Future of Equality at the University
of Texas Law School.
In May Laycock spoke on
Abington School District v.
Schempp, the famous case on
school-sponsored prayer, in the
chamber of the Supreme Court
of the United States as part of
the Supreme Court Historical
Society Lecture Series; and on
“The Establishment Clause and
Financial Aid to Religious Institutions” at the 5th Annual Bill of
Rights Course of the State Bar of
Texas, in Austin.
He recently published “A
Conscripted Prophet’s Guesses
about the Future of Religious
Liberty in America” in the journal
Fides et Libertas.
Laycock will represent a
religious school before the
U.S. Supreme Court in a First
Amendment case scheduled for
the October term. Hosanna-Tabor
Evangelical Lutheran Church
and School v. Equal Employment
34 UVA Lawyer / Spring 2011
Faculty News and Briefs
…
Opportunity Commission centers
on whether the school can be
sued for employment discrimination for its dismissal of a
teacher, or whether it is protected
from such lawsuits by the First
Amendment.
In January David Martin returned
to full-time teaching at the Law
School after a two-year leave
serving as principal deputy
general counsel at the Department of Homeland Security in
Washington, D.C.
Martin was a speaker on a
panel addressing “Due Process
in the Era of Mass Immigration
Detention,” at the Association of
American Law Schools annual
meeting in San Francisco. In
February he was the dinner
speaker, sharing tales from
his government service, at the
Virginia Law Review Banquet in
the Rotunda.
In March Martin was a
panelist for feature program at
the 17th Annual Edward Brodsky
Legal Conference of the AntiDefamation League in New York
City: “American Immigration
and Border Security: Should the
Golden Door Still Swing Open?”
He was also a panelist addressing “U.S. Immigration Reform
Proposals,” at the Conference on
Immigration Reform sponsored
by the Center for Migration Studies, with Special Reference to New
York City (a conference at which
Mayor Bloomberg also spoke)
at State University of New York’s
Levin Institute in New York City.
Martin was also an invited member of Roundtable on
International Law and Security,
established by the American
Society of International Law
in Washington, D.C., and
participated in the first meeting
(of a planned six) of the roundtable. That meeting addressed
“Geographic Scope of an Armed
Conflict,” with a focus on such
issues as whether the United
States or allied forces, as part
of the authorized conflict in
Afghanistan, may target with
lethal force Al Qaeda leaders
residing in countries far from the
conflict. Martin also spoke on his
leadership experiences during his
tenure at DHS, to the Week in
Review foreign policy discussion
group at UVA’s Frank Batten
School for Leadership and Public
Policy; and participated in the
Roundtable on Deportations and
National Security at Princeton
University, convened by the
Princeton Center for Migration
and Development.
At the annual
meeting of
the Association of American Law Schools in
January, Greg Mitchell was a
panelist discussing the legal
implications of research on
unconscious bias. This winter
Mitchell also published (with Hart
Blanton of the University of Connecticut Psychology Department)
an article in the North American
Journal of Psychology that reported
the results of an investigation into
prior research on unconscious bias
which discovered that fabricated
data had been the source of results
previously reported in the same
journal.
This spring Mitchell (along
with Mary Baker of ERS Group,
Hunter Hughes of Rogers &
Harden, and Philip Tetlock of
the University of Pennsylvania)
will publish an article on
“Proactive Approaches to SecondGeneration Risks in Labor and
Employment Cases” in the
Employee Relations Law Journal.
John Monahan
(with Larry
Walker)
published
“Twenty-Five Years of Social
Science in Law,” in Law and
Human Behavior; and (with
Jennifer Skeem) “Current
Directions in Violence Risk
Assessment” in Current Directions
in Psychological Science.
Monahan will also be publishing (with editors Thomas Kallert
and Juan Mezzich) Coercive Treatment in Psychiatry: Clinical, Legal,
and Ethical Aspects (London:
Wiley-Blackwell); (with Gregory
Mitchell and Larry Walker)
“Beyond Context: Social Facts as
Case-Specific Evidence” in the
Emory Law Journal; “Mandated
Psychiatric Treatment in the
Community: Forms, Prevalence,
Outcomes and Controversies,”
(with Kallert and Mezzich) in
Coercive Treatment in Psychiatry:
Clinical, Legal, and Ethical Aspects
(London: Wiley-Blackwell); and
(with Henry Steadman) “Extending Violence Reduction Principles
to Justice-Involved Persons
with Mental Illness,” (with Joel
Dvoskin, Jennifer Skeem, Ray
Novaco, and Kevin Douglas
(eds)) in Applying Social Science
to Reduce Violent Offending (New
York: Oxford University Press).
John Norton Moore recently
authored the foreword to a new
book by James Kraska, Maritime
Power and the Law of the Sea:
Expeditionary Operations in
World Politics (2010, Oxford
University Press) and wrote the
foreword to the forthcoming
U.S. Institute of Peace, a new book
documenting the history of the
institution (Moore was appointed
the first president of USIP by
President Reagan). Moore also
contributed the foreword to
volume seven (forthcoming 2011)
of the landmark series entitled the
United Nations Convention on the
Law of the Sea 1982: A Commentary. This series was published
under the auspices of the Center
for Oceans Law and Policy, which
Moore directs at UVA. It is the
most authoritative reference on
the Third United Nations
Convention on the Law of the Sea
(1973–1982).
In December the Center
co-sponsored a major conference
in conjunction with the Korea
Maritime Institute on themes
of globalization and oceans law,
as well as sponsoring its own
34th annual conference last June
on the importance of ratification
of the United Nations Convention
on the Law of the Sea. A selection
of papers from both conferences
will be published together this
summer under the title The Law
of the Sea Convention: U.S. Accession and Globalization.
In April Moore chaired
the 2011 Sokol Colloquium
Committee. The topic this year
is “International Arbitration:
Prospects and Problems.”
The Center for National
Security Law, which Moore also
directs, is planning its annual
National Security Law Institute,
a two-week intensive series of
instruction held each June. It
provides advanced training for
professors of law and political science who teach or are preparing
to teach graduate-level courses in
national security law or related
subjects. Government attorneys
in the national security community often enroll in the program.
Moore is also Judge for the Jessup Moot Court Team, chairman
of the Monroe Leigh Fellowship
Award Committee, a member
of the International Court of
Justice’s Traineeship Committee, maintains a busy speaking
schedule and is working on a
couple of extended book projects
and other publications.
In October 2010
Foundation Press
published
Caleb Nelson’s
casebook
Statutory Interpretation.
A book by
Jeffrey O’Connell
and his brother,
Thomas
O’Connell,
president
emeritus of
Berkshire (Mass.) Community
College, Five 20th Century College
Presidents, is scheduled for
publication later in 2011 by
Carolina Academic Press. The
book has chapters on Nicholas
Murray Butler of Columbia,
Robert Hutchins of Chicago,
James Bryant Conant of Harvard,
John Sloan Dickey of Dartmouth,
and Derek Bok of Harvard ( plus
a coda on Laurence Summers).
Dan Ortiz, one of
the directors of
the Law School’s
Supreme Court
Litigation Clinic,
argued before the
Supreme Court
the case Borough of Duryea v.
Guarnieri (see Law School News
in this issue for more information), one of three cases the clinic
argued before the Court this
spring (in addition to one last
fall).
In December Riley presented “Electronic Health
Records and Family History:
Ethical, Legal and Social Issues
in Family Data-Sharing” at the
Fourth National Conference on
Genomics and Public Health in
Washington, D.C.
In March she participated on
a panel at Longwood University:
“Federal Health Care Reform: It’s
the Law, Now What?” In April
she participated on a panel at the
Food and Drug Law Institute’s
annual meeting in Washington,
D.C., considering the science, law,
and ethics of using genetically
engineered animals as models of
human disease.
Riley has an article forthcoming this summer in the
Harvard Law & Policy Review
entitled “Federal Funding and
the Institutional Evolution of
Federal Regulation of Biomedical
Research.”
Mildred Robinson published this
spring “The Current Economic Situation and its Impact
on Gender, Race, and Class: The
Legacy of Raced (and Gendered)
Employment” in the Iowa Journal
of Gender, Race & Justice.
Margaret “Mimi” Foster Riley (with
Ruth Gaare Bernheim) presented
“Family Data Sharing and Ethical
Norms” at the American Public
Health Association’s Annual
Meeting in Denver in November.
UVA Lawyer / Spring 2011 35
Faculty News and Briefs
…
In October
Jim Ryan ’92
argued a case
before the
United States
Supreme
Court, as part of the Supreme
Court Litigation Clinic. The case,
Kevin Abbott v. United States of
America, centers on federal
firearms laws that allow additional charges with mandatory
minimum prison sentences for
certain crimes involving guns.
Ryan has given a number of
talks about his book, Five Miles
Away, A World Apart, including
talks at Virginia Commonwealth
University, the University of
Richmond, Yale Law School, and
UVA’s Curry School of Education.
His book has been reviewed in
the Richmond Times-Dispatch, the
Washington Times, and The New
Republic.
He has co-authored an article,
“Race and Response-to-Intervention in Special Education”
(with Angela Ciolfi ’03) for a
symposium on race and education sponsored by the Howard
Law Journal.
Ryan’s piece, “Laying Claim to
the Constitution: The Promise of
New Textualism,” was recently
accepted for publication by the
Virginia Law Review.
In January Ryan received the
State Council on Higher Education of Virginia Outstanding
Faculty Award. The award is the
Commonwealth’s highest honor
given to faculty and celebrates
recipients for “excellence in
teaching research, knowledge
integration, and public service.”
36 UVA Lawyer / Spring 2011
Faculty News and Briefs
…
In February he was appointed
by U.S. Secretary of Education
Arne Duncan to serve on the
Equity and Excellence Commission, which is examining school
funding in the United States.
In April Jim and his wife,
Katie ’92, ran the Boston
Marathon.
He will publish this summer a
casebook, Education Policy and
the Law, co-authored with Mark
Yudof, Rachel Moran, Betsy
Levin, and Kristi Bowman.
In April Fred
Schauer edited
and provided
an extensive
introduction to
The Theory of
Rules, by Karl Llewellyn, written
in 1938 and not previously
published, which was published
by the University of Chicago
Press in April.
The South Asia edition of
Schauer’s book, Thinking Like a
Lawyer, A New Introduction to
Legal Reasoning, was published by
Universal Law Publishing in New
Delhi. The book was originally
published by the Harvard University Press in 2009.
“Positivism Before Hart,”
a paper Schauer delivered at
University College London in
December 2009, will be published
in July in the Canadian Journal of
Law and Jurisprudence. “Bentham on Presumed Offenses,”
previously presented at McMaster
University in Hamilton, Ontario,
will be published this summer in
Utilitas.
In March Schauer gave talk on
neuroscience and lie-detection at
Robert Sayler and Molly Shadel released a book called Tongue-Tied
America: Reviving the Art of Verbal Persuasion, and published a
guest blog (http://wapo.st/gTGr5u) in the Washington Post about
verbal presentation skills for college students. Sayler was also
interviewed on the local CBS affiliate about the impact of Facebook
entries on lawyer juror selection and conducting examination.
a National Academies of Science
conference in Irvine, Calif., and
again at a conference on Law and
the Brain in New York.
He lectured in April on “The
Concept of Precedent” and “Legal
Defeasibility” at the Faculty of Jurisprudence, University of Genoa,
Italy; and spoke on “Is Legality
Political?” at a conference on
Constitutional Transformations at
the William & Mary Law School,
with the talk to be published as an
article in the William and Mary
Law Review.
In May Schauer lectured at
Oxford University on the “The
Continuing Importance of Hart’s
Questions” as part of series of
lectures commemorating the 50th
anniversary of the publication of
H.L.A. Hart’s The Concept of Law.
In June he will deliver lectures
on “Law and Coercion” at the
Max Planck Institute in Bonn,
and at the Albert Ludwigs
University in Freiburg, Germany.
Rich Schragger
published three
articles over
the past three
months: “The
Relative
Irrelevance of the Establishment
Clause” in the Texas Law Review;
“Decentralization and Development” in the Virginia Law
Review; and “Does Governance
Matter? The Case of Business
Improvement Districts and the
Urban Resurgence” in the Drexel
Law Review.
In January Schragger attended
a conference at the Cardozo Law
School entitled “Twenty Years
After Employment Division v.
Smith.” A symposium piece from
that conference entitled “The
Politics of Free Exercise After
Employment Division v. Smith:
Same-Sex Marriage, the ‘War on
Terror,’ and Religious Freedom”
will be published in May. Schragger also presented that paper at
the Law School Faculty Retreat.
In April Schragger attended a
conference on “Equality in the
21st Century” at the University of
Texas School of Law. In May he
will be attending a conference on
“Spatiality and Justice: Interdisciplinary Investigations on a
Political Philosophy of the City,”
in Montreal.
In April Lois Shepard published
two articles in the Wake Forest
Law Review in connection with a
conference she co-organized on
Patient-Centered Health Law and
Ethics at Wake Forest Law School:
“Patient-Centered Health Law and
Ethics” (with Mark A. Hall), and
“Different Ways to Understand
Patient-Centered Health Law.”
In March
Gil Siegal was
course director
of the second
Course in
Genetics, Ethics,
and the Law at the European
Genetic Foundation in Bologna,
Italy. In May he will present
“Globalization of Health Care in
the Information Technology
Era—Opportunities and Legal
Challenges” at Harvard Law
School.
In June he will chair the
organizing committee of the
Second National Conference on
“Genetics, Ethics and the Law” at
the Law School. The conference
is co-sponsored by the American
Society of Human Genetics.
Siegal also published (with
Michael Glikson, et al) “European
Heart Rhythm Association Expert
Consensus Statement on the
management of cardiovascular
implantable electronic devices
in patients nearing end of life or
requesting withdrawal of therapy”
in Europace; (with Neomi Siegal)
“Leadership and the Road to
Personal Responsibility to
Healthy Behavior—Between
Autonomy and Paternalistic
Interventions,” (Bruce Rosen,
ed., 2010, forthcoming); and
“Legal Aspects of Health
Technology Assessment and
Management” (Joshua Shemer,
ed.,) (forthcoming).
Paul Stephan ’77
presented in
February a
paper entitled
“The Political
Economy of Jus Cogens” as part
of Vanderbilt Law School’s
Conference on Sovereign
Immunity at Home and Abroad.
In March Stephan participated
in a panel discussing a new book
by André Nollkaemper, Domestic
Courts and the International
Rule of Law, hosted by Hebrew
University in Jerusalem, and took
part in a panel on International
Human Rights and the Obama
Administration at Fordham Law
School.
In April Stephan taught
international civil litigation at
the Peking University School of
Transnational Law in Shenzhen,
China. In May Stephan taught
Emerging Markets to the law
faculty of the University of
Sydney, and delivered a talk to the
International Fiscal Association
in Sydney on Russian tax law and
the Yukos case.
Siva Vaidhyanathan
recently published
his fourth book,
The Googlization of
Everything and
Why We Should Worry (University of California Press, 2011). His
book was recently profiled on the
CNN show Reliable Sources. In February
Ted White
participated
on a panel at
the Federalist Society’s annual
National Student Symposium.
The subject of the panel was
“Economic Theory, Civic Virtue,
and the Meaning of the Constitution.” An article based on his
remarks, entitled “The Political
Economy of the Original
Constitution,” will subsequently
appear in an issue of the Harvard
Journal of Law and Public Policy.
In April White delivered an
address at a symposium on
“Supreme Mistakes,” notorious
decisions of the Supreme Court of
the United States, at Pepperdine
University School of Law. An article based on his address, entitled
“Mistakes by the Supreme Court:
Fashioning Evaluative Baselines,”
will subsequently appear in an issue of the Pepperdine Law Review.
White’s article, “Recovering the
Legal History of the Confederacy,”
appeared in the Washington &
Lee Law Review. That article is
based on the Hendricks Law and
History Lecture White delivered
at Washington & Lee Law School
in October.
White’s book, Law in American
History: Volume One, From the
Colonial Years Through the Civil
War, is scheduled to be published
by Oxford University Press in the
fall of 2011.
In March, the
Virginia Tax
Study Group,
organized by
Thomas R. White
met at the Law School. This is the
20th year in which the group has
met after Professor Emeritus
Ed Cohen ’36 organized and held
the first meeting for the VTSG.
This year the VTSG discussed
important administrative issues
for the Internal Revenue Service.
IRS Chief Counsel William
Wilkins, Associate Chief Counsel
(Corporate) William Alexander,
and Joint Tax Committee Chief of
Staff Tom Barthold were among
the presenters.
UVA Lawyer / Spring 2011 37
Class Notes
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 15 for inclusion in the next issue.
1940
gave their candid assess-
wide range of community
of Revenue for two years.
was born at the University
ments of the effectiveness
roles, including director of
He was named an assistant
of Virginia, as well as his
Mortimer Caplin estab-
of central banking policies
the Children’s Aid Associa-
attorney general in 1955
liberal religious beliefs
lished the endowment
through time. The Caplin
tion, the Legal Aid Bureau,
and was elevated to first
through his association
that launched and sustains
Conference afforded an
the State Communities Aid
assistant attorney general
with the Unitarian Univer-
the annual Mortimer
opportunity to discuss and
Association, the Buffalo
four years later. In 1968 he
salist Church.
Caplin Conference on the
further understand how
Council of World Affairs,
served Kentucky as
World Economy at the
monetary policy influ-
the Buffalo Salvation Army,
Commissioner of Finance
of the board of trustees
University’s Miller Center
ences our economic and
and the Buffalo and Erie
and Revenue and from
of George Mason
for Public Affairs, now
political future.
County Historical Society.
1964 to 1968 as Attorney
University from 1983 to
After retirement, he and
in its third year. Leading
bankers and economists
gathered to discuss key
1948
global economic questions
Adams was a member
General of Kentucky. In
1992, as well as chairman
his wife, Patricia, divided
1968 Matthews joined
of the advisory board for
their time between Buf-
Greenebaum, Barnett,
the Institute for Conflict
falo, N.Y., and Venice.
Doll, and Matthews, where
Analysis and Resolution at
of our time for “Banking
Charles G. Blaine passed
They enjoyed traveling
he practiced for 30 years
George Mason University
on Central Banks?” at
away on December 2 in
together, especially their
before retiring as a senior
from 1985 to 1991. He
the National Press Club
Venice, Fla. Blaine earned
trips to Europe.
partner.
was active for many years
in Washington, D.C. on
his law degree after
October 11.
serving in the U.S. Navy
One panel featured
with Burgundy Farm
1949
during World War II. He
Country Day School and
the Burgundy Center for
four of the world’s leading
practiced with Phillips
Wildlife Studies. He was
economists, including
Lytle in New York for more
a member of the Virginia
Charles Goodhart of
than 40 years, where he
Council on Human Rights
the London School of
focused largely on banking
and an active member of
Economics, Alice Rivlin
and banking regulation.
the Unitarian Universalist
of the Brookings Institu-
As a managing partner at
Church of the Shenan-
tion, Christina Romer of
Phillips Lytle put it, “Charlie
University of California-
was among the most
Robert F. Matthews, Jr.,
His professional life
Berkeley, and John Taylor
influential partners in our
died in November at the
spanned over 60 years
of Stanford University.
firm’s 176-year history …
age of 87. Matthews, a
in Virginia, from the law
They discussed the role
He is fondly remembered
lifelong resident of
Carl Douglas Adams died
practice that he started
of monetary policy in
for his larger than life
Shelbyville, Ky., took his
peacefully in his home the
in 1949 in Annandale, to
times of crisis. A second
personality and his pas-
law degree after serving in
evening of January 30 in
Winchester, where he was
featured central bankers
sionate commitment to the
the U.S. Navy for three
Winchester, Va., surrounded
President of Adams-Legge
representing the U.S.
success of his clients, the
years during World War II.
by his family. He was 85.
Development Group, a
Federal Reserve Bank,
success of his law firm, and
Matthews began his career
the Bank of England, the
the development of the
in state government in
in the heart of Washington
People’s Bank of China,
many young lawyers that
1948, when he served as a
D.C., just doors from
the Bank of Japan, and the
he trained in the fine art of
special assistant attorney
the home of Frederick
European Central Bank.
exceptional lawyering.”
general for the Department
Douglass, in Anacostia.
They reflected on the
current financial crisis and
39 UVA Lawyer / Spring 2011
Blaine retired from the
firm in 1993. He served in a
doah Valley.
He was born and raised
His passion for civil rights
family-owned real estate
development firm.
Class notes
…
Class notes
…
1959
1964 PullingTogether, Past Politics andWar–EngemanandIraqi Crew
ues to be active in the
vived by his wife, Eugenia,
Richmond Bar Association.
sons, Greg and Walter,
Shant J. Harootunian
“May 2010 was the first
daughters, Gwen Mason
has retired with his wife,
Bill Engeman ’64 pulled his first strokes rowing crew in
reunion I have missed
and Nancy Davies, nine
Louise, to a continuous
high school. After some classmates told him he wasn’t
since 1949,” he writes, “but
grandchildren, and three
care facility in the moun-
tough enough for the sport, he showed up for the team
I plan to attend in 2011.”
great-grandchildren. The
tains of north Georgia.
and proved them wrong. He loved the physical and
He enjoys the scenic drive
family respectfully suggests
to Charlottesville to watch
that memorial contribu-
James H. Harvell III is
Cavalier football, baseball,
tions may be made to the
president of the Lifelong
Richard L. and Eugenia K.
Learning Society at
became captain of the varsity crew. He was eventually
Williams Scholarship Fund
Virginia’s Christopher
inducted into the school’s athletic hall of fame, the first
at the Law School.
Newport University, an
oarsman to be so honored.
and basketball.
U.S. District Judge Richard
Williams was a Virginia
Frank Warren Swacker’s
L. Williams passed away at
circuit judge from 1972
legal drama, Who
his home in Richmond, Va.,
to 1976. He practiced
Murdered Mom?, is now
on February 19. He was
as a trial lawyer, repre-
in its second edition. The
the oldest and the longest-
senting clients such as
book, available online or
serving active judge in a
directly from the publisher,
mental challenge, the exacting demands, the beauty of
organization of ap-
gliding on the water.
At Brown University he rowed from 1957–61 and
After attending law school, he practiced employment
proximately 500 retired
and labor law for three decades at Taft Stettinius & Hol-
people who take courses
lister in Cincinnati, Ohio. Rowing remained a passion,
General Electric, Aetna,
and attend lectures at
and he encouraged others to try it, coaching them in his
federal district spanning
and Westinghouse. He
On December 31 Janet
CNU. The society offers
spare time. He helped establish a number of rowing clubs
James A. Rock & Company,
from Alexandria to
was a founding member
L. Blakeman retired from
more than 50 courses per
and was instrumental in organizing 15 national collegiate
is described by Swacker as
Norfolk. He worked until
of the firm now known
Patterson Belknap, where
semester and numerous
rowing championships.
“a comic didactic mystery.”
the end of his life, and in
as McGuireWoods. In
her practice focused on
field trips.
recent months worked
1980 Judge Williams was
trusts and estates. “My firm
from his house overlook-
appointed by President
gave me a wonderful re-
ing the James River.
Jimmy Carter as a U.S.
tirement party,” she writes.
1951
1957
Dave O’Toole
Judge Williams is sur-
James S. Cremins contin-
Members of the Iraqi rowing team on the water near Cincinnati.
Three years ago Engeman read about a young Iraqi man who risked
his life to row on the Tigris River in war-torn Iraq. At night that rower was
1961
one of thousands of security guards who have made Baghdad a safer
place. That kind of determination got Engeman’s attention. Though he
District Judge for the
“I had been with the firm
was half a world away and the logistics were daunting, he set his sights
Sidney G. Dillon
District Court bench were,
Eastern District of Virginia.
for almost 43 years!”
on meeting that fellow and helping him.
writes that his wife of
in a word, consequential,”
He heard a dispute be-
62 years, Dorothy, died
noted an editorial in the
tween DuPont and Dutch
on September 16. Sidney
Richmond Times-Dispatch.
resides in Gladstone, N.J.
“His decades on the U.S.
Judge Ronnie A. Yoder,
Iraqi rowers trained in Boston; in Princeton, with the U.S. national team;
and in Cincinnati, Bill Engeman’s home turf.
In between training sessions there was time for the Iraqis to connect
with Americans in ways that transcend the numbing effects of war.
On the Charles River they crewed eight-man sculls with U.S. veterans
of the war in Iraq and taught the Americans the basics of the sport. At an
Chief Administrative Law
“It wasn’t just that the young man was rowing in difficult circumstanc-
elementary school near Cincinnati, the athletes showed students how
Judge at the U.S. Depart-
es,” says Engeman. “It’s the attitude of these guys and what they have
they train on an erg and participated in a two-way question and answer
competitor Akzo N.V. in
Benjamin Allston Moore,
Jr., writes that he’s still
ment of Transportation,
shown us.” Inspired by the film Invictus, which told the story of a South
session, mostly about sports. The children wrote down wishes for the
“A review of his decisions
1986 over the bulletproof
working, but not very hard.
has created a website
African rugby team that helped a country to heal, Engeman thought
athletes, folded them into origami boats, and gave them all away with
gives little clue to his
material Kevlar.
“I’m helping grandchildren
honoring his father,
rowing could help Iraqis pull together, past the politics and war that
handshakes.
with prep schools and
Raymond Abraham “Ray”
dominated their lives.
colleges. Times are tough!”
Yoder, a graduate of
In 2003 Williams
Margaret Gordon Seiler
political leanings, but says
and her husband, Bob,
much about his dedication
ruled that Virginia’s ban
live at Westminster
to the impartial applica-
on late-term abortion
Canterbury, a retirement
tion of the law.”
was unconstitutional, a
decision that has been
Weeks later rower Haidar Hamarasheid took home Iraq’s first-ever
He traveled to the 2009 World Rowing Championships in Poland,
medal in the Asian Games with a bronze in the men’s single scull. Haidar
Goshen College and the
where he met with Iraqi rowing officials, and they began to put together
Nawzad and Hamzah Hussein Jebur are considered the team’s best hope
Myron J. Poliner writes
University of Virginia, and
the resources needed to bring coaching and support to the Iraqi ath-
to compete at the London games. (Iraq has participated in 12 Olympics
that he is pleased to
a nationally known art
letes. With assistance from the U.S. State Department, the International
and has only one medal in any sport—for weightlifting in 1960.)
home in Richmond, Va.,
Williams was born on
where they have many
April 6, 1923, the son of
affirmed twice by the
report that his grandson
educator, award-winning
Olympic Committee, and the International Rowing Federation, he and
Nawzad and Hussein returned to training on the Tigris River, crossing
friends and enjoy a range
a police officer and farm
4th U.S. Circuit Court of
Ariel graduated from the
watercolorist, and
Bruce Smith, head of Community Rowing in Boston, Mass., traveled to
multiple security checkpoints to and from their homes. Sometimes their
of interesting programs
wife. He enlisted in the
Appeals. In 2009 he ruled
University of Virginia’s
professional painting
Lake Dokan, 200 miles north of Baghdad, a relatively serene place to train
training area is so restricted that they have to row in tight circles if they
throughout the year.
Army at the age of 17 and
that the State of Virginia
School of Architecture in
instructor for over 30 years.
compared to the Tigris.
row at all. But they are determined. Nawzad, often the spokesman for the
was serving as a signalman
violated the voting rights
2009 and his grandson
Photos of Ray Yoder’s
at Pearl Harbor when the
of military personnel and
Adam is a third-year
artwork, as well as the text
their differences for the chance to improve their skills. They went through
base was attacked by the
other Americans overseas
student, also in the School
of Judge Yoder’s com-
their paces on the lake and practiced with indoor rowing machines called
Engeman was recently honored as the 2010 U.S. Rowing Association
Japanese on December 7,
by sending absentee
of Architecture. Their
mencement address to
ergometers, or “ergs.” Over the course of several days Engeman, Smith,
Man of the Year for his contributions to the sport. He humbly accepted
1941. He attended the
ballots too late for the
father Michael ’80 and
Goshen College on
and Abdul Salam Dawood of the Iraqi Rowing and Canoe Federation
the honor, but true to form immediately shifted focus back to his intrepid
Law School on the GI Bill
votes to be counted in the
mother Deborah are also
April 26, 2010, may be
assessed the skill and physical condition of the Iraqi national team. The
Iraqi friends. He will travel to Iraq again to see the Rowing Championship
and earned his law degree
2008 election.
UVA graduates.
found at www.rayyoder.com.
rowers’ skill level received high marks; their fitness level needed work.
on the Tigris River in May. “My wife, Nancy, is quite a fan, too,” he said.
40 UVA Lawyer / Spring 2011
Sunni, Shia, and Kurdish rowers came from near and far, setting aside
group, points out the most compelling thing about the challenge. “Being
at your best at something gives a man hope.”
She’s making plans for us to attend the London 2012 Olympics.”
without completing an
Engeman and Smith helped bring six of the rowers and two coaches
undergraduate degree.
to the U.S. last fall to help them train for the 2010 Asian Games in China,
With more hard work and a bit of luck, the Iraqi team will be there, too.
and looking beyond that, the London Olympics in 2012. For six weeks the
—Rebecca barns
UVA Lawyer / Spring 2011 41
Class notes
…
1962
Class notes
…
1965
1966
Washington, D.C. In 1978
which Murphy reflects
Custody Act, which
he founded Rural Legal
on the many rewarding
addresses deployment
Mandeville A. Frost has
Peter A. Arntson writes that
G. William Birkhead
Services of Tennessee,
aspects of a career in
issues for military parents,
been very ill. He recently
he has had the pleasure,
reports that he is finally an
which he directed until it
the banking industry. He
visitation rights, electronic
suffered a heart attack and
as one of the four trustees
empty nester; his last child
merged with other firms to
revels in the difference
testimony for those who
has been making progress
of the Claude Moore
graduated from college in
form the Legal Aid Society
he and his colleagues
are unable to be in court,
in rehab.
Charitable Foundation,
May. He’s looking forward
in 2002.
can make in a client’s life
and expedited hearings
of making the founda-
to a great reunion in
by offering experience,
so that service members
tion’s contribution to the
2011. He is a partner with
Edward Lowry has been
sound advice, straight talk,
can get their affairs in
University of Virginia Claude
Vandeventer Black in the
J. Rutledge Young, Jr. ’68, holds grandson, Benjamin,
Chief Justice of the
named to the Virginia
and by always keeping
order before deploying. He
Moore Medical Education
Norfolk, Va., office, where
on his baptism day. Sons, Simons and Rutledge
Supreme Court of
Business Legal Elite, the
the client’s best interests
was appointed as advisor
Building, which was
he concentrates his law
(both UVA graduates), and grandson, Henry, gather
Pennsylvania Ronald D.
seventh year he has been
in mind. He discusses
to the committee by the
dedicated on October 9.
practice in commercial
close by. Young and Rutledge practice law together
Castille was recently
recognized with this honor.
the biggest challenge in
family law section of the
transactions and maritime
at Duffy & Young and Simons is an architect with
elected to the board of
He practices with Michie
banking (regulation), the
American Bar Association.
matters.
1963
1971
Thompson Young Design, all in Charleston, S.C.
directors of the
Hamlett in Charlottesville,
transition to international
Sullivan is a retired Army
been appointed by the
Young concentrates his practice on complex civil
Conference of Chief
where he focuses his
banking under his leader-
JAG colonel practicing
Tennessee Supreme
litigation and business disputes.
Justices. The conference,
business on statewide
ship, and the rewards of
family law in Raleigh, N.C.
which includes chief
commercial litigation.
his deep involvement in
Michael E. Callaway has
Court to again serve on
1968
justices from the United
the community of South
Professional Responsibility.
Robert Pannell is an
Thomas H. Bottini has been
States, Puerto Rico,
Bend.
Thad G. Long has been
Callaway has also served
adjunct professor at Emory
inducted as an honorary
American Virgin Islands,
named a 2011 Birmingham
on the Board of Law
Law School, teaching
of the pro bono services
education. He is a lecturer
member of Saint Louis
Guam, and the Northern
Mark E. Sullivan testified
Lawyer of the Year in
Examiners since 1989.
venture capital transac-
she has provided to the
and teacher in the areas
University’s Alpha Kappa
Mariana Islands of the
by phone during the New
antitrust law by Best
tions and lecturing on legal
poor and disenfranchised
of trial practice and family
Epsilon-Zeta Chapter in
Pacific Ocean, discusses
Mexico legislature’s Armed
Lawyers. Long, a partner at
opinion practice. He is a
throughout her career.
law, and served on the Law
recognition of his
issues of local judicial
Services Committee in
Bradley Arant Boult
partner with Nelson Mullins
She recently became a
School’s Alumni Council.
contributions to interna-
concern and advocates
September in support of
Cummings, was the one
in Atlanta, Ga., where he
certified master naturalist
tional business in the St.
before the federal
legislation involving mili-
Ronald Tweel has been
lawyer in Birmingham to
practices corporate and
and celebrated her 45th
for inclusion in North
Louis, Mo., community.
government on issues of
tary personnel, custody,
named to the Virginia
receive the designation in
securities law.
wedding anniversary.
Carolina Super Lawyers
Alpha Kappa Epsilon is an
federal-state coordination
and visitation. In the same
Business Legal Elite. It is
Starling Marshall has also
2011 and was named
international business
concerning state judicial
month he served as an
the seventh year he has
issues.
the Tennessee Board of
antitrust. Long focuses his
Diehl has been selected
practice on high-stakes
Bob Pearson retired
been selected for inclusion
among the Legal Elite by
honor society organized
advisor for the Military
been recognized with this
litigation and transaction
from the Foreign Service
in 2011 Best Lawyers in
Business North Carolina
for educational, scientific,
Christopher J. Murphy III
Custody Committee of the
honor. He practices with
work. He was also selected
after serving as U.S.
appellate law.
2011. He is a partner with
and charitable purposes.
was the subject of a cover
Uniform Laws Commission
Michie Hamlett in
for inclusion in Alabama
Ambassador to Turkey
James, McElroy & Diehl
Bottini is a partner in the
story feature in the
in Minneapolis, Minn.,
Charlottesville, where he
in Charlotte.
international practice
February Hoosier Banker
which was meeting to
concentrates mainly on
group at Armstrong
magazine. The piece traces
draft a model law for
matters involving
Teasdale where he advises
his path from law school to
states, covering all aspects
domestic relations.
clients on manufacturing
Harvard Business School
of custody and visitation
Super Lawyers 2010 for
Martin E. Simmons has
and director general of
business litigation and in
joined Stites & Harbison as
the Foreign Service. He
Best Lawyers in the areas of
counsel in the Nashville,
is president of IREX, an
alternative dispute
Tenn. office, where he is a
international charity in
resolution, commercial
member of the real estate
Washington, D.C., with a
In recognition of William
K. Diehl Jr.’s support
and high-technology
to a career in banking in
when one parent is de-
litigation, franchise law, and
and banking service
focus on education, civil
and generous gift to
Neil McBride has been
investments in other
South Bend, Ind. He was
ployed. Sullivan also made
land use and zoning law.
group. He focuses his
society, and free media
the Central Piedmont
named Ashley T. Wiltshire
countries, establishing
David R. Johnson has been
barely 30 years old when
a presentation on military
practice on representing
development.
Community College
Public Service Attorney of
representations and
elected president of the
he rose to a top leadership
custody legislation to the
W. Edward Bailey has
Paralegal Program, the
the Year by the Tennessee
distributorships abroad,
board of directors of the
position at 1st Source
Department of Defense
joined Wiggin and Dana
State Liaison Office.
as counsel in the litigation
owners, developers,
42 UVA Lawyer / Spring 2011
1969
1970
1973
lenders, contractors, and
Gail Starling Marshall
program bears his name.
Bar Association. The award
and in the legal, tax, and
Brightmusic Society of
Bank, where he is today
architects of complex real
of Rapidan, Va., has been
The William K. Diehl, Jr.
honors an attorney who
practical business details
Oklahoma, Oklahoma
chairman and CEO.
estate projects. He was
named as the recipient of
Paralegal Program, ranked
works with an organiza-
of international trade and
City’s residential chamber
Murphy is also chairman,
assisted in completing the
City, where he focuses
previously a partner with
the 2011 Powell Pro Bono
among the top programs
tion that provides legal
investment.
music ensemble. He is a
president, and CEO of
draft of the Uniformed
his practice in intellectual
Dearborn & Ewing.
Award by the Virginia
in the nation, served 720
services for the poor.
retired partner with
1st Source Corporation.
Deployed Parents’
property litigation. He
State Bar in recognition
students this year. Diehl
McBride began his legal
Gibson, Dunn & Crutcher
has a keen interest in
career with Ralph Nader in
in Washington, D.C.
The article is an
extended interview in
More recently, Sullivan
department in New York
formerly practiced at
Hogan Lovells.
UVA Lawyer / Spring 2011 43
Class notes
…
Class notes
…
1978 law school deanmorant inspiring
citizenlawyers
Jonathan Kane partici-
Ed Modell has been
Luther T. Munford
counseled college and
number of the world’s
grad), he worked for UVA
pated in a seminar on
elected president of
chaired, at the request
university clients on
leading hotel brands in
Law Associate Dean Lane
reaching agreements on
the International Coach
of the chief justice of the
a range of regulatory
complex cross-border
Kneedler ’69 and was
first labor contracts
Federation, an association
Mississippi Supreme Court,
compliance issues in the
transactions. Prior to
known to many of our
featured as part of the
of executive coaches, lead-
the court’s Mississippi
context of the EPA Region
joining Goodwin Procter
classmates,” Ed writes.
Dean Blake D. Morant ’78 received
American Bar Association’s
ership coaches, and life
Code of Judicial Conduct
2 Regulatory Compliance
as partner, he practiced
Phil was with Sands
Equal Justice Works’ 2010 John R.
4th Annual Section of
coaches with 17,000 mem-
Study Committee, which
Initiative at institutions of
with Heller Ehrman for
Anderson in Richmond
Kramer Outstanding Law School Dean
Labor and Employment
bers in 103 countries. He
reported to the court in
higher education.
17 years in their San
and was the subject of a
Award. The award honors a dean who
Law Conference in
also serves as ombudsman
2010. He also chaired the
Francisco and London
tribute in the January 2011
Christopher D’Angelo was
demonstrates leadership in building
Chicago, Ill., in November.
for the Maryland Judiciary,
state’s Judicial Campaign
Rob Morgan retired in
offices.
Richmond Bar Newsletter.
moderator for a program
and maintaining a strong spirit of public
His talk covered how
providing confidential
Intervention Committee,
November after 20 years
Smith combined
He is survived by Jay, his
entitled “Ethics: The
service.
employers or unions use
assistance to court users
on which he served along
with Perot Systems and
pro bono work with his
wife of 30 years, and his
Erosion of the Attorney-
Dean Morant was nominated for the
power in negotiating first
and judiciary employees.
with Mike Wallace.
one more with Dell, which
love of the outdoors,
daughters, Emily and Kate.
Client Privilege and the
award by a student executive board of
bought Perot in November
providing counsel to
Work Product Doctrine
Wake Forest Law’s Pro Bono Project for
and Its Effect on In-House
contracts, how to
Wake Forest University School of Law
encourage cooperation
Frank Riggs is chair of
2009. He plans to spend
non-profit organizations
between unions and
the construction practice
more time on pro bono
dedicated to preserving
Counsel” at the 2010
management, and how to
group at Troutman Sanders
work as general counselor
open space and natural
Federation of Defense
public interest lawyers. “Citizen Lawyers
reach first contracts, from
in Atlanta, Ga. His son,
for the National Wildlife
resources. He is survived
and Corporate Counsel’s
are attorneys who give of their time and talents for the betterment of society,”
an employer’s point of
Brock, is a second-year
Refuge Association, as well
by his partner, Josefina
Corporate Counsel
said Morant. “That has been the historic role of lawyers, and that essential role
view. Kane is a partner in
student at the Law School.
as more time traveling and
Jimenez. A memorial
Symposium held in
becomes lost in the more stereotypical view of our profession. Wake Forest
seeing friends.
service is planned for June
Philadelphia, Pa., in
University has as its motto, ‘pro humanitate.’ The combination of the university’s
3 in San Francisco. In lieu
September. The program
mission to help humankind, together with the need for lawyers to uplift society,
compels the legal academy to emphasize to our students this noble ambition.”
the Philadelphia and
Berwyn, Pa., offices of
1976
his efforts to foster public service values
and the opportunities created for future
Doug Schoettinger was
of flowers, donations in
addressed key topics,
he is chair of the labor and
recently promoted to
Brian’s memory may be
including protecting
employment group.
deputy general counsel of
made to The Brian and
privilege globally and the
Bill Stutts has been
Dow Corning Corporation.
Josie Charitable Gift Fund,
Cantor Stoneburner Ford
impact of business versus
community outreach. The Community Law and Business Clinic and the Inno-
Fredrick R. Tulley has
admitted into membership
Doug joined Dow Corning,
Fidelity Charitable Gift
Grana & Buckner founding
legal roles for in-house
cence and Justice Clinic have been added to the four clinics already in existence
been selected for inclusion
of the American Law
a global manufacturer of
Fund, PO Box 770001,
partner Irvin V. Cantor has
counsel. D’Angelo is a
for public interest law. The Washington, D.C. Metropolitan Externship Program
in Louisiana Super Lawyers
Institute. He is a partner
silicone and silicon-based
Cincinnati, OH 45277-0053.
been named to Virginia
partner in the litigation
and the Journal of Law and Policy, which promotes scholarship in the field of
2011 in the area of
with Baker Botts in
materials, in 1994.
Lawyers Weekly’s “Leaders
department of the
public interest law, have also been established.
business litigation. He is a
Austin, Tex., where his
Joseph B. Tyson, Jr.
in the Law” Class of 2010.
Philadelphia office of
partner with Taylor Porter
practice focuses on
writes that “the tradition
Cantor has spent his entire
Montgomery McCracken.
in Baton Rouge.
corporate finance, bank
continues.” He and his wife,
31 year career dedicated
He is also chairman of the
public interest by connecting law students to job opportunities, leaders in the
Don Graeter has been
regulation, and corporate
Renee, met in Law School
to families who have
products liability and risk
field of public interest, volunteer work, grants and fellowships, and mentors. The
ranked sixth among the
reorganization.
Pepper Hamilton, where
1974
Since 2007, the year Morant began his tenure, he has guided the law school
in a strengthened commitment to pro bono service, public interest careers, and
The Pro Bono Project places students on pro bono cases, hosts service events,
and plans service trips. The Public Interest Initiative promotes careers in the
and now their son, Ben,
suffered serious injuries or
management section and
law school’s recently established Public Interest Retreat connects Wake Forest law
top bank-based invest-
and his wife, Katherine,
death. He has successfully
vice chairman of its sports,
students with alumni who serve in the public interest.
ment advisors in the nation
are both 1Ls.
tried over 1500 plaintiff’s
entertainment, and
injury or death cases, in-
amusements practice.
to help society,” said Morant. “With the assistance of our dedicated staff, the
brain injury cases. Cantor
Michael P. Haggerty has
to include pipeline programs to inspire K–12 students to achieve and become
1977
“The status quo, though laudatory, will not be enough to meet the obligation
Douglas Branson LL.M. is
for 2010 by Bank
the W. Edward Sell Chair
Investment Consultant, the
in Law at the University
industry’s leading trade
Barry R. Kogut has been
of Pittsburgh. His 15th
publication. Graeter is
named by Best Lawyers
is one of only 31 Virginia
been named in Texas
engaged citizens.” He also hopes to broaden outreach programs through his
book, The Last Male
director of investments for
2011 in the area of
Super Lawyers 2010. He is
work on the ABA National Pro Bono Summit Planning Committee.
Bastion: Gender and the
Central Bank in his
environmental law. Kogut
Brian D. Smith died
Edmund T. Baxa, Jr. ’78, LL.M.
’80 reports the passing of
attorneys to receive the
Leaders in the Law honor,
a partner and head of the
Dean Morant received this honor at the Equal Justice Works annual awards
CEO Suite at America’s
hometown of Louisville, Ky.
is in the Syracuse, N.Y.,
suddenly of a brain
his brother, Phil Baxa, on
and was recognized at
finance practice group at
dinner, held on October 21 in the District of Columbia. The dinner, one of the
Public Companies, was
office of Bond, Schoeneck
hemorrhage on March 2.
November 23. “Though
an October reception at
Jackson Walker in Dallas.
published in 2010 by
& King, where he focuses
Smith led the London
Phil did not receive his
the Science Museum of
Routledge Press. (See In
his practice on federal and
office of Goodwin Procter
law degree from Virginia
Virginia in Richmond.
Print.) Branson is a nation-
state regulatory compli-
and was co-chair of the
(he was a Tennessee law
ally known authority on
ance and enforcement
hotel and hospitality
corporate governance.
matters. He has recently
practice. He advised a
44 UVA Lawyer / Spring 2011
1978
faculty, and students, we hope to expand the humanitarian reach of our efforts
cluding over 350 traumatic
largest gatherings of supporters of public interest law in the U.S., honors men
and women who have made exceptional strides toward achieving equal justice
on behalf of the underserved. The past two recipients were Larry Kramer of
Stanford Law School and Elena Kagan of Harvard Law School.
—Rebecca barns
UVA Lawyer / Spring 2011 45
Class notes
…
Laura G. Kuykendall has
Class notes
…
1979
1980
been named secretary
work developing women
Greiner in Haddonfield,
leaders at the firm. “As
N.J. Fox joined the firm in
1981 uncommon
portrait
photographer
tina ravitz
written a book entitled
David Schaeffer has
of the Ohio State Bar
James Finn is head of the
Stephen Bornstein
Mary Ellen Powers has
1981 and has been a
Association Antitrust
litigation department at
recently started his own
risen to the top of her pro-
shareholder since 1989. He
Law Section Council for
Schwabe Williamson &
practice in New York
fession, she’s made sure to
concentrates his practice
2012. She is a partner and
Wyatt in Portland, Ore. He
aimed at hedge fund and
bring other women along,”
in corporate and commer-
After practicing with a law firm, serv-
Kilimanjaro, Aconcagua,
member of the litigation
is listed in Best Lawyers for
asset managers who are
said the award citation.
cial banking law with an
ing as chief counsel to Newsweek, and
and Vinson, published by
practice group at Vorys,
his work as a commercial
seeking general counsel
“The partner-in-charge
emphasis on mergers and
holding other jobs in new media, Tina
Mercer University Press.
James P. Cox III was induct-
Sater, Seymour and Pease
litigator, has been identi-
services on an outsourced
of one of Jones Day’s
acquisitions, commercial
Ravitz has turned to a new line of work
Schaeffer’s account reveals
ed into the 2011 class of
in Columbus. Her practice
fied as a “litigation star”
basis. See his Web site at
largest offices—more than
lending transactions, and
that combines her skill as a photogra-
the grit and determination
fellows for the Virginia Law
focuses on antitrust and
by Benchmark Litigation,
www.sab-at-law.com.
400 lawyers and staff in
general corporate services.
pher and her love of animals. Animate
it takes to make it to the
Foundation at the Virginia
trade regulation and other
and since 2006 has been
Washington—Powers has
He lives in West Deptford.
Photography is a portrait studio in New
top of some of the highest
Bar Association’s annual
complex business litigation.
named in Oregon Super
Peter E. Keith was
played a key role in help-
York City that specializes in dogs, cats,
peaks in the world. Jim
meeting in Williamsburg
Lawyers.
elected as a fellow of the
ing other female attorneys
Gary L. Francione, a
other domestic animals along with their human companions.
Ewing joined him on the
on January 20. He was
Five Big Mountains: A
Regular Guy’s Guide to
Climbing Orizaba, Elbrus,
Silver Labrador Connor is a
popular pup.
American College of Trial
assume leadership posts.
noted expert on animal
Tina was always drawn to photography. She started out as a young shut-
ascent of Mt. Elbrus, the
also named to the Virginia
Porter, Wright, Morris &
Aubrey Ford III has been
Lawyers. He is a partner
At her firm, women now
rights theory, presented
terbug with the classic equipment: a Brownie box camera, a Kodak Instamatic,
highest peak in Europe.
Bar Association Board
Arthur in Columbus, Ohio,
selected for inclusion in
with Gallagher Evelius &
lead five offices.”
“Animals: Our Moral
then, in the ’60s, a Polaroid Land Camera. By 13 she had a dark room and set out
(See In Print.)
of Governors during the
is serving as president
Best Lawyers 2011 in the
Jones in Baltimore, Md.,
Schizophrenia” as the 2011
to capture just about everything that caught her eye. When her uncle loaned
of the International
areas of bet-the-company
where he concentrates
Beat Steiner was named
Boswell Distinguished
her his fine Zeiss-Ikon camera, that did it—photography became a passion.
Association of Defense
litigation, commercial
his practice in trial and
by Best Lawyers as Lawyer
Lecturer in Philosophy at
Counsel. At the IADC
litigation, labor and
appellate litigation in state
of the Year for Denver area
Hobart and William Smith
ago, Tina was struck by how many people mentioned their pets and how im-
mid-year meeting in
employment law, and legal
and federal courts. Keith
real estate. Steiner is the
College in March.
portant their bonds with them seem to be. That was the spark she needed to
Mark W. Merritt is in his
estate with Michie Hamlett
Pebble Beach, Calif., Joe’s
malpractice law. He is with
has taught civil litigation
administrative partner at
open a photo studio in her Manhattan apartment.
28th year with Robinson
in Charlottesville.
son, Joby ’05, a lawyer at
Cantor, Stoneburner, Ford,
as an adjunct professor at
Holland & Hart in Boulder
first academic to teach
Hogan & Lovells, will be a
Grana, and Buckner in
the University of Maryland
and the chair of its resorts,
animal rights theory in an
panelist discussing issues
Richmond, Va.
Law School since 1990.
lodging, and leisure group.
American law school. He
differences in the practice
Michael Kuhn has been
Richard J. Pocker was
of law. Daughter Caitlin,
named in Texas Super
selected for inclusion in
graduate of the College
Lawyers 2010 and selected
Best Lawyers 2010 and 2011
of Arts & Sciences in 2001,
for inclusion in Best Lawyers
for commercial litigation.
received her Ph.D. at Ohio
2011 in real estate law. He
He is the administrative
State University and is a
is a partner with Jackson
partner for the Nevada
in the New York office,
abolitionistapproach.com.
when you’re with them,” she notes. “The past doesn’t matter, or the future, just
professor of education at
Walker in Houston.
office of New York-based
where he will focus his
Francione is the Nicholas
the here and now.” Her delight in that quality makes it easier to be flexible if
East Carolina University.
Boies, Schiller & Flexner. In
practice in the areas of
deB. Katzenbach Scholar
a dog balks at her strobe lights and she needs to cart everything outside to
Ryan’s wife, Mary Pat, also
2009 Pocker successfully
compensation and benefits,
of Law and Philosophy
Central Park.
a UVA graduate, recently
passed the New York State
corporate and securities,
at Rutgers School of
retired as manager of
Bar Examination and was
and tax planning.
Law-Newark. In his most
social work at Nationwide
admitted to practice in
Children’s Hospital.
New York in May 2010.
Joe Ryan, a partner at
“So much of law depends on the left side of the brain,” she says. “I always
wanted to explore the creative right side of my brain.”
1982
ning and administration,
Bradshaw & Hinson in
Charlotte, N.C., where he
Her best work demands a combination of patience, flexibility, and uncom-
focuses his practice on
mon photographic skill. Before a shoot begins, her subjects have to get to know
business litigation. He is the
rights and the law for 20
her a bit, and vice versa. The pet’s “person” (legally, pets are property, but Tina
chair of the North Carolina
years and has lectured
tries to avoid the term “owner” because it doesn’t convey the family connec-
State Bar Ethics Committee
on the topic throughout
tion) is there with familiar treats and toys, and can help Tina get the kind of
and also serves as chair
Edward Bright has joined
the U.S., Europe, and
photograph they’re both after.
of the Lawyers Assistance
Arnold & Porter as partner
Canada, and blogs at www.
1981
the areas of estate planestate litigation, and real
has been teaching animal
regarding generational
46 UVA Lawyer / Spring 2011
Francione is the
When she volunteered to put her law class newsletter together three years
meeting. Cox practices in
Tina thoroughly enjoys being around animals. “They are so in the present
Program, which, he notes,
he enjoys a great deal.
Hugh M. Fain III was sworn
in as president-elect of the
1983
Her own beloved cat, Sasha, a white cat with smoky blue eyes, was the
Virginia Bar Association at
the VBA’s annual meeting
on January 22 in
subject of many of Tina’s photographs. People always commented on how
Paula Campbell Millian
Williamsburg. He is
recent book, The Animal
youthful Sasha seemed for her age, so at her sweet 16 birthday celebration
continues to work as a
managing director at
Rights Debate: Abolition or
guests received Sasha’s 16 secrets of long life as party favors. Sasha’s tips
legal search consultant
Spotts Fain in Richmond.
Regulation? he debates the
were such a hit that a book illustrated with Tina’s photographs will soon
with Finn & Associates in
Mary Ellen Powers is
abolitionist approach to
be published.
McLean, Va. She specializes
Deborah Farmer Minot
partner-in-charge of
animal rights with a leading
in partner, associate, and
has been appointed
Ely A. Leichtling has been
Jones Day’s European and
defender of animal welfare
recent client needed a portrait of herself for her business, warning Tina in ad-
in-house placements in
District Associate Judge for
selected for inclusion in
Middle Eastern operations,
reform. (See In Print.)
vance that it was going to be difficult if not impossible to make her look good.
the Washington, D.C., area.
the Sixth Judicial District
Wisconsin Super Lawyers
based in the Washington,
2010 in employment and
D.C. office. In 2010 Powers
labor. He is a partner
received InsideCounsel
Terence J. Fox has been
with Quarles & Brady in
magazine’s Transformative
elected to the board of
Milwaukee.
Leadership Award for her
directors of Archer &
Meanwhile, word of Tina’s skill in photographing people has been growing. A
When Tina showed her the results of the shot, the woman said it was like “going
of Iowa. She presides
out to buy potholders and coming back with a diamond necklace.”
over criminal and juvenile
Check out Tina’s Web site at www.animatephotography.com.
—­Rebecca Barns
court in the Johnson
County Courthouse. Minot
UVA Lawyer / Spring 2011 47
Class notes
…
Class notes
…
practiced law in Baltimore
N.C., real estate transac-
Joseph H. Varner III was in-
K.C. Green has joined
his extensive judicial and
Joseph M. Leccese, of New
my daughter, Lucy, is a
for eight years before
tions department since the
ducted into the American
Ulmer & Berne as a partner
legislative experience to
York City, has been elected
sophomore at Portland
moving to Iowa, where
merger of his former firm,
College of Trial Lawyers
in Cincinnati, Ohio,
advising and mentoring liti-
chairman of Proskauer
High School. Finally, since
she served as an assistant
Helms, Mulliss & Wicker,
at the college’s annual
where he concentrates
gation attorneys, focusing
Rose, where he is a partner
waking up not long ago
Johnson County attorney
and McGuireWoods in
meeting in Washington,
his practice on product
on appellate litigation for
in the corporate depart-
to the fact that the official
for 18 years prior to her
2008. The current depart-
D.C., held in September.
liability. Green was
Moore & Van Allen clients in
ment, a member of the
version of the events of
appointment to the bench.
ment has 97 lawyers,
He was also named as
previously with Dinsmore
the Research Triangle Office.
executive committee, and
She and her husband,
professional agents, and
one of the Top 10 lawyers
& Shohl. He was included
George, live in Iowa City
paralegals throughout
by Florida Super Lawyers,
in Ohio Super Lawyers
and have two sons: Tanner
15 of the firm’s U.S. and
named to the Florida
(22), a 2010 graduate of
European offices.
the University of Arizona
In May Simmons
September 11, 2001, is a
co-head of the sports law
E. Ford Stephens has been
monstrous hoax, I have
Wendy Wysong is relocating
group. He is the young-
inducted as a fellow of the
been active in the 9/11
2011 and was selected for
to Hong Kong for a couple
est elected chairman
Virginia Law Foundation.
Truth Movement and am
Trend Legal Elite Hall of
inclusion in Best Lawyers
of years, where she will be
in Proskauer’s 135-year
Fame, and selected for
2011 in mass tort litigation/
opening a U.S. white collar
history.
He serves as chair of the
continually astonished
U.S. Air Force Colonel Thomas J. Hasty, III ’86, was
Committee on Continuing
that more attorneys and
currently attending the
received the 2010
inclusion by Best Lawyers
class actions-defendants
practice at Clifford Chance’s
honored with an Air Force retirement ceremony in
Legal Education, which
law professors are not
University of Iowa College
Mecklenburg County
in the bet-the-company
and mass tort litigation/
Hong Kong office. She will
Washington, D.C., in October. Through his 29+ year
oversees the non-profit
similarly involved.”
of Law, and Walker (17),
Bar Pro Bono Attorney
litigation and commercial
class actions-plaintiffs,
also be working with the
military career, Hasty held a number of positions at all
educational division of the
an Iowa City High School
of the Year Award, which
litigation categories.
product liability litigation.
firm’s offices in Singapore,
levels of command, including Civil Design Engineer;
Virginia Law Foundation,
senior awaiting college
recognized his work over
Varner is with Holland &
Best Lawyers also named
Beijing, Shanghai, and
Assistant Staff Judge Advocate; Military Criminal
is a Leadership Metro
application decisions.
more than a decade for
Knight in Tampa, where he
him Cincinnati Mass Tort
Tokyo.
Defense Counsel; Associate Professor of Law at the
Richmond graduate (class
Litigator of the Year 2011.
the Children and Family
specializes in commercial
William Fish has been
Services Center. He has
litigation. Most important-
named 2011 Lawyer of the
served as general counsel
ly, he says, he either stays
Year by Best Lawyers in the
and a board member since
areas of bankruptcy and
creditor-debtor rights and
U.S. Air Force Academy; and Staff Judge Advocate at
of 2010), and is active in
Tracy Rickett (UVA M.A.),
the installation and headquarters level. The colonel
providing pro bono legal
James W. Huston’s most
were expecting their first
completed his career as the Director of the Air Force
aid. Stephens is a partner
young or ages rapidly by
recent novel, Falcon
grandchild in January.
Commercial Law and Litigation Directorate in Ross-
at Christian & Barton
co-founding the center
chasing his young sons,
Seven, was published by
Charles V. McPhillips has
lyn, Va. He is currently an Associate General Counsel
in Richmond, where
in 2000, and served as
Evan (4) and Eric (2 ½),
St. Martin’s Press in 2010.
been selected by the
for Lockheed Martin Aeronautics Company.
he focuses his practice
William R. Denny was
selected for inclusion in
president from 2004–06.
around the house.
(See In Print.) Huston is a
on insurance, telecom-
recently featured in a Jaffe
Connecticut Super Lawyers
During the agency’s fiscal
2011. He is with Hinckley,
year ending June 30, 2009,
Allen & Snyder in Hartford.
he contributed more than
Fulton County Superior
Wendy and her husband,
1985
Virginia Law Foundation to
Hasty is admitted to practice before the D.C. bar,
partner in the San Diego
its fellows class of 2011. He
the U.S. Court of Military Appeals, and U.S. Court
munications, commercial
Legal News Service article,
office of Morrison Foerster,
is a partner and executive
of Federal Claims. He is the proud father of four
litigation, and appeals.
“The Lawyer’s Speech.”
where he is chair of the
vice president of practice
daughters, Katherine (19), Tori (14), Thomasa (12),
150 hours of volunteer
trial practice group. He
management at Kaufman
and Judith (12).
legal services.
focuses his practice on
& Canoles in Norfolk. His
1984
In October Simmons
The piece shares
1987
Denny’s travails with
severe stuttering since
product liability matters,
practice focuses on
C. Russell of the Atlanta
received the 2010 North
contract disputes, and ap-
commercial transactions;
David E. Bauer works as a
Determined to be able to
judicial circuit was hon-
Carolina State Bar Distin-
peals. He was selected for
government contracts and
tax policy analyst for the
speak fluently, he tried
ored with the 2010 Judge
guished Service Award,
inclusion in Best Lawyers
construction; and mergers,
Center, a non-profit public
Ohio Advisory Committee
State of Maine Bureau of
a number of different
Thelma Wyatt Moore
which honors current
2010 in the area of product
F. Sheffield Hale has been
acquisitions, and strategic
interest law and advocacy
to the U.S. Commission
Revenue Services after
therapies before finding
Legacy Award. The award
and retired members of
liability litigation.
elected to serve as a
alliances.
firm serving the poor.
on Civil Rights. His latest
having served for many
one that helped him
was given by the Gate City
the North Carolina State
member of the National
Carter is associate general
academic book, A Distinct
years as the agency’s
retrain the muscles he uses
Bar Association, the oldest
Bar throughout the state
Lisa D. Eldridge has joined
A portrait of former
Trust for Historic
counsel of International
Judicial Power: The Origins
general counsel. He writes,
for speech.
African American Bar
who have demonstrated
Martin Banks as an
North Carolina state
Preservation’s board of
Paper at its Memphis
of an Independent Judiciary,
“I am an avid contra
Denny is a partner with
Association in Georgia, to
exemplary service to the
associate in Philadelphia,
representative, senator,
trustees. Hale is chief
headquarters.
1606–1787, will be pub-
dancer and play two
Potter Anderson & Carroon
honor “phenomenal public
legal profession. In 2010
Pa., where she concen-
and Supreme Court
counsel of the American
lished by Oxford University
different types of button
in Wilmington, Del., where
servants representing high
Simmons was named to
trates her practice on
justice Willis P. Whichard
Cancer Society in Atlanta,
Scott Douglas Gerber,
Press in May. A symposium
accordion. My oldest son,
he focuses his practice
professional standards.”
Business North Carolina’s
workers’ compensation
LL.M. ’84, S.J.D. ’94 was
Ga. He has served as chair
a law professor at Ohio
was held on the book at
Edward, graduated from
in the areas of electronic
Legal Elite, was included in
law. She previously
presented in a ceremony
and trustee for a number
Northern University, spent
Harvard Law School on
Wesleyan University in
commerce, information
Robert Simmons
North Carolina Super Law-
practiced workers’
at the Campbell University
of organizations dedicated
the 2009–10 academic year
March 29. Scott’s third legal
2008 and is an actor (and
licensing, and commercial
was named chair of
yers, and named Charlotte
compensation law with a
School of Law in October.
to historical preservation.
on sabbatical at Brown
thriller, Mr. Justice, also
waiter!) in New York City;
litigation. He speaks
McGuireWoods’ real estate
Real Estate Lawyer of the
defense firm.
Whichard served as
and land use department
Year by Best Lawyers.
Court Judge Constance
in January. He had been
co-chair of the Charlotte,
48 UVA Lawyer / Spring 2011
1986
he was a young boy.
University. He was recently
scheduled for publication
my second son, Peter, is
extensively on technology
dean of the school from
Carl Q. Carter has joined
appointed to a second
in May, will be published
a sophomore at the New
and business issues.
1999–06. He now applies
the board of directors of
two-year term on the
by Sunbury Press.
England Conservatory
the Tennessee Justice
of Music in Boston; and
UVA Lawyer / Spring 2011 49
Class notes
…
Class notes
…
1987 keenanbecomes general counsel ofthe naacp
Paul Enzinna has joined
chaired the firm’s land use
taught appellate judges.
The book, co-authored
law section. He was
Brown Rudnick as a
practice group for the past
Following retirement from
with his father, Louis J.
recently elected vice chair
partner in Washington,
six years. Wagner and his
the Wisconsin Supreme
Finger, was originally
of the Air and Waste
The NAACP recently named Kim M. Keenan ’87 as general counsel, making
Washington, and served as council chair. The organization also trained
D.C., where he practices
wife, Mary, and children,
Court he became a partner
published in 1994 and
Management Association
her the youngest person to hold that position and the second woman to
jobseekers to find and land jobs.
in the newly established
David and Sarah, live in
with Michael, Best and
went out of print in 1998.
Odor Committee, which
white collar defense and
Rockville, Md.
Friedrich in Madison.
After a 12-year hiatus, The
assesses technical and
serve as the organization’s top lawyer.
Keenan was also a founding member of the Equal Rights Center, which
Founded in 1909, the National Association for the Advancement of
bypassed bureaucracy by making it possible to bring concerns involv-
government investigations
Colored People is the oldest and largest civil rights organization in the
ing disability rights and housing and employment discrimination to one
group. Previously, Enzinna
United States.
central place.
practiced white collar
“This is a once-in-a-lifetime opportunity to use my legal experience
As president of the Washington Bar Association from 2001–03, she
to make a lasting contribution to our society,” Keenan said. “Looked at
set her sights on encouraging promising, yet disadvantaged, students
1988
defense at Miller Cassidy
Delaware Trial Handbook
legal air pollution control
Alison Cooper Chisolm
has been updated. (See
issues involved with odors
writes that she and her
In Print.)
emitted by industrial and
husband live happily in
other facilities. He is a
Larroca & Lewin and
Former Wisconsin Supreme
northern New Hampshire
partner with Fox
Baker Botts.
Court Justice William A.
where she has an indepen-
Rothschild in Princeton,
helped start a fund for scholarships for law
Bablitch LL.M. passed away
dent college admissions
where he focuses his
Prior to joining the NAACP, Keenan
students and for up-and-coming students at
Jeffrey P. Guyton practices
February 16 at his winter
consulting practice. She
practice on environmental
was the principal of The Keenan Firm in
the Thurgood Marshall Academy, a charter
law in Nevada City, Calif.,
home in Kailua-Kona,
works with students
and energy matters,
Washington, D.C., and focused on complex
school in southeast Washington, D.C.
in the Sierra Nevada
Hawaii. He served on
in the U.S. and abroad,
including development,
foothills, where he enjoys
the Wisconsin Supreme
assisting them through
permitting, compliance,
recycling, and reporting,
another way, I could not imagine saying ‘no’
to seek a career in law. To this end she
to Justice [Thurgood] Marshall’s old job.”
medical malpractice litigation, mediation
In 2004 she served as the 62nd president
and arbitration, litigation consulting, and
of the National Bar Association, the larg-
the great opportunities for
Court from 1983–2003.
the admissions process. “It
public speaking.
est and oldest bar association of lawyers,
recreation.
Following graduation from
suits me much better than
Richard A. Forsten was
as well as health law and
the University of Wisconsin
law practice ever did!”
recently selected as the
real estate matters.
“Every day as I enter my office on Mount
judges, and students of color in the world. In
Hope Drive, surrounded by the history
her term as president she worked with other
Neil McKittrick is one of
he served in the Peace
Wilmington Land Use &
created by Charles Hamilton Houston,
minority bars to promote the outreach of
four founding sharehold-
Corps in Liberia for two
Zoning Lawyer of the Year
Justice Thurgood Marshall, and Judge
lawyers into communities to help people
ers of the Boston, Mass.,
years before returning
for 2011 by Best Lawyers.
Robert Carter, my goal is to build on their
understand the changes in voting proce-
office of Ogletree, Deakins,
to attend law school. He
He is a partner in the
legacy of service,” she said.
dures in the wake of the 2000 presidential
Nash, Smoak & Stewart.
was district attorney for
project and resource
Mark Brzezinski has been
election.
He continues to practice
Portage County, Wisc.,
development group and a
appointed as a member
NAACP President and CEO Benjamin Todd
Jealous said in a release that he is excited to
Keenan is immediate past president of the
1991
in the areas of employ-
and a Wisconsin state
member of the transac-
of the J. William Fulbright
District of Columbia Bar, the second-largest
ment and labor law and
senator from 1972–83; for
tional real estate practice
Foreign Scholarship
“Kim’s experience and commitment to
jurisdictional bar in the nation. In this posi-
commercial litigation.
seven of these years he was
group in the Wilmington,
Board by President Barack
public service make her a valuable addition
tion she used her mediation and trial lawyer
Democratic majority leader.
John M. Cooper has been
Del., office of Saul Ewing.
Obama. Brzezinski was
to our staff,” Jealous said. “She is a leader, a
skills to clarify and streamline the process of
Fred Wagner has been
Key legislation during this
elected Virginia Trial
trailblazer, and a clear voice for the cause of
bar members moving to mandatory IOLTA
appointed chief counsel
time included ground-
Lawyers Association
justice and equality. Her exceptional skills as
accounts, through which interest from law-
of the Federal Highway
breaking sexual assault
district governor for the
a litigator will strengthen NAACP’s ability to
yer trust accounts builds funds for legal aid.
Administration by
legislation, reorganization
second district. He was
for Constitutionalism in
work with Keenan.
a Fulbright Scholar in
1990
Poland 1991-93 and wrote
the book The Struggle
continue our historic role of using the law to advance the goals of social
The process had been particularly challenging to manage for small firms
President Barack Obama.
of the state court system,
also listed in Virginia Super
Poland. He is a partner
justice and transform our nation for the better.”
and solo practitioners in the D.C-Virginia-Maryland area, where different
Wagner, a principal in
divorce reform, mandatory
Lawyers 2010 in the area of
with McGuireWoods in
rules for ethical procedures applied.
Beveridge & Diamond’s
reporting of child abuse,
personal injury law. He is a
Washington, D.C., where
Keenan set her sights on a career in law early in life, in part because she
saw in it a potential combination of discipline and creativity. Her mother
Keenan is on sabbatical from teaching duties at George Washington
Washington, D.C. office,
and Wisconsin’s Open
partner with Shapiro,
he specializes in anti-
was a social worker and often recounted how lawyers arguing cases in
University Law Center, where she has taught pretrial advocacy and trial
had been with the firm
Meeting Law. He wrote
Cooper, Lewis and
corruption law.
court had made a difference in the lives of many children. Her father
advocacy as an adjunct faculty member since 1999.
since 1991. His practice
the first campaign finance
Appleton in Virginia Beach.
taught her how competition can bring out the best in people.
In June, the Washington Lawyers’ Committee for Civil Rights Under
involved counseling and
reform law that placed
Alexander Macaulay has
In her third year at UVA, Keenan took a course in trial advocacy, which
Law will honor Keenan with the Wiley A. Branton Award for Civil Rights
litigation in a wide variety
restrictions on campaign
David L. Finger, a partner
been selected for inclusion
she described as her high point in Law School. She clerked for the late
Under the Law. The award is named for a civil rights lawyer who cham-
of land use, environmental
funding and established
with Finger & Slanina
David Restaino has been
in Best Lawyers 2011 in
Judge John Garrett Penn of the U.S. District Court for the District of Co-
pioned the cause of school desegregation in the 1950s and black voter
impact analysis, and
public financing.
in Wilmington, Del.,
appointed to the
the area of government
lumbia, then went on to practice with two law firms, gaining 18 years of
registration in the South in the 1960s.
public land matters,
has made his book, The
Renewable Energy,
relations law. He is with
experience, mainly in civil litigation.
Over the years Keenan focused on what she calls “macro pro bono”
—­Rebecca Barns and Rob Seal
After earning his LL.M.
focusing on the National
from UVA, he joined
Delaware Trial Handbook,
Cleantech, and Climate
Macauley & Burtch in
Richmond, Va.
Environmental Policy Act
the faculty of New York
available for free online at
Change Committee by the
cases, in which she works to further justice on behalf of large groups
and related federal natural
University Law School,
www.delawgroup.com/dth.
New Jersey State Bar
rather than individual clients. She investigated claims of employ-
resources statutes. He
Institute of Judicial
Association and is chair of
Education, where he
the NJSBA’s environmental
ment discrimination through the Fair Employment Council of Greater
50 UVA Lawyer / Spring 2011
UVA Lawyer / Spring 2011 51
Class notes
…
Class notes
…
1993
1995
Steven Okun has been
efforts of KKR’s portfolio
has been named to the
appointed director of
companies in the region.
industry advisory panel
public affairs in the Asia
Previously Okun served as
of the SP Jain Center of
In October California
but puts his UVA law
Jeffrey Heninger is serv-
Pacific region for Kohlberg
chairman of the American
Management.
Governor Arnold
degree to work as the
ing as attorney-advisor
Kravis Roberts & Co. He
Chamber of Commerce
Schwarzenegger named
co-executive producer and
with the commercial and
will be responsible for
in Singapore and,
Jeff Stredler is serving as
Christopher R. Bowen to
writer of the CBS drama
intellectual property law
overseeing public affairs,
until October, was vice
president of the Norfolk
the bench in the Contra
Dana Young was elected to
series, The Good Wife. He
practice group in the office
corporate citizenship, and
president for public affairs
and Portsmouth Bar
Costa County Superior
the Florida House of
lives in Los Angeles, Calif.,
of general counsel for the
external communications
for UPS in Asia Pacific.
Association this year. Jeff
Court. Bowen has served
Representatives on
with his wife and children.
National Aeronautics and
in Asia Pacific, where he
He has been elected to
is the litigation counsel for
as a county deputy public
November 2. She and her
Space Administration in
will be based, as well as
a two-year term on the
Amerigroup Corporation
defender since 1994.
husband, Matt (Darden ’93),
Washington, D.C.
supporting the public af-
council of the Singapore
in Virginia Beach, Va.
fairs and communications
Business Federation and
Greg Willis has been
Ted Humphrey left the
practice of law years ago,
live in Tampa with their
Lorie Almon
Cate Stetson
Helgi Walker
1994 Three fromthe class are amlaw’s
best under 45
Last fall, Bill Kincaid was
two daughters, Alex and
Seiichi Shimizu LL.M. writes,
co-chair of the grand
Carson. Dana encourages
“It has been 15 years since I
reopening of the his-
any alumni to please stop
graduated from UVA. I miss
toric Washington County
by and visit her legislative
the wonderful and exciting
Courthouse in Arkansas.
offices in Tampa or
days in Charlottesville, and
Multiple 1994 classmates wrote to let us know that Lorie Almon, Cate Stetson,
The building is a stately
Tallahassee; the Florida
I hope to visit in the near
and Helgi Walker were named to American Lawyer’s Best “45 under 45” in January.
structure dating from
legislature is in session
Richard L. Winston was
future to see teachers and
Candidates were nominated by industry sources, after which AmLaw reporters inter-
1905 and has undergone
from March through May
recently named among
classmates.”
viewed clients and opposing counsel before honing the list. Lorie, Cate, and Helgi
extensive renovations over
in Tallahassee.
Latin Business Chronicle’s
the past few years.
elected criminal district
1994
made the final cut, earning the distinction “best of the best.”
“Top 30 Foreign Lawyers in
In a recent case, John H.
Latin America.” The
Zacharia and an Assistant
group and is co-managing partner of the firm’s New York office. Her practice focuses
Chronicle also includes him
U.S. Attorney successfully
on employment litigation, especially complex litigation and collective and/or class
Lorie Almon co-chairs Seyfarth Shaw’s national wage and hour litigation practice
attorney of Collin County,
Jay K. Musoff has joined
Tex. (just north of Dallas).
Loeb & Loeb in New
in “Who’s Who in Latin
sought conviction for a
proceedings. In the past five years she has led or co-led the defense of no fewer than
He resigned his judgeship
York City as a partner in
American Business.”
ring of counterfeiters who
50 employment class or collective actions brought against Fortune 500 and other sig-
to run for DA. Greg is
the white collar criminal
Winston is a partner with
reproduced thousands
nificant companies. Almon has been instrumental in building Seyfarth Shaw’s labor
married to Jill Willis, a state
defense, corporate
K & L Gates in Miami,
of CDs and DVDs to sell
& employment practice. American Lawyer cited her keen ability to persuade juries in
district judge in Collin
compliance, and investiga-
where he focuses on
through retail stores. A
challenging cases and her ability to work with co-defense counsel and across the aisle
County. They have two
tions group. He represents
complex cross-border
federal grand jury in-
in a motions-heavy practice. “I was thrilled to learn that two other ’94 graduates were
children who gave their
corporations and their
transactions that primarily
dicted 13 defendants who
included … Like many of our female classmates, Cate and Helgi have built enormously
parents much practice
senior executives in
involve Latin America and
were allegedly involved,
successful careers and I am so proud to be listed with them.”
refereeing disputes.
high-profile investigations,
Brian R. Booker has been
Europe.
charging them with
including those relating
appointed to the board of
to insider trading, tax
directors of the Wellness
shelters, Foreign Corrupt
Community, a non-profit
Practices Act issues,
organization that provides
1992
Cate Stetson is a partner and director of Hogan Lovells appellate practice group
copyright, trademark, and
in Washington, D.C. She has argued in most of the federal courts of appeals and in
Matthew M. Wolf has
counterfeit label offenses.
multiple state appellate courts, more than 30 appellate arguments in all. American
joined Arnold & Porter in
The criminal copyright
Lawyer noted her remarkable appellate record, including a victory in a Ninth Circuit
Washington, D.C., where
infringement charge car-
en banc case and subsequent defeat of certiorari in the Supreme Court of the United
emotional support and
his practice focuses on
ries a maximum sentence
States. D.C. Circuit Judge David Tatel notes that Stetson is “one of the finest lawyers”
Neil H. MacBride ’92, Timothy J. Heaphy ’91, and
Zane David Memeger ’91 (left to right), current United
Amy E. Stewart has been
government contractor
elected to membership in
fraud, and securities and
education for cancer
patent, trade secret, licens-
of five years in prison per
who appears before the U.S. Court of Appeals for the D.C. Circuit. “I’m honored to be
States Attorneys and former Law School roommates
the Fellows of the Texas
accounting fraud. He was
patients and their loved
ing, and business tort
count. The defendants
on any list with these wonderful women,” says Cate, “and I am particularly proud of the
(’89–’90), shown here while attending the United
Bar Foundation. Fellows
previously with Orrick,
ones. Booker is a partner
issues in the medical and
could be fined up to
showing of the Law School Class of 1994.”
States Attorneys’ Conference in Washington, D.C., in
are selected for their
Herrington & Sutcliffe, and
with Quarles & Brady in
biomedical technology
$250,000 on each count.
November. Memeger is U.S. Attorney for the Eastern
professional achievements
prior to that served as a
Phoenix, Ariz., where he
sectors, and the computer
District of Pennsylvania, Heaphy is U.S. Attorney for
and their commitment to
federal prosecutor.
focuses his practice on
hardware and software
U.S. Department of
Court of Appeals for the D.C. Circuit. The case involved the FCC’s authority to regulate
the Western District of Virginia, and MacBride is U.S.
improvement of the justice
commercial litigation with
industries. He was previ-
Justice Criminal Division’s
Internet broadband service providers. Judges ruled against the FCC and found that
Attorney for the Eastern District of Virginia. Their
system throughout Texas.
an emphasis on commer-
ously with Howrey.
Computer Crime and Intel-
the agency did not have the authority to regulate Comcast’s network management
fourth roommate, Michael W. Oyler ’91, was a for-
Stewart is shareholder of
cial and professional
lectual Property Section.
practices. In the American Lawyer article Walker’s clients remarked on her “staggering
mer law partner of the current U.S. Attorney for the
Amy Stewart Law in Dallas.
liability, real estate,
intellect” and “incredible judgment.” Walker says she appreciated the timing of the
securities fraud, and
article. “I just barely made it under the 45-year-old bar, thank goodness!”
Western District of Kentucky.
product liability.
52 UVA Lawyer / Spring 2011
Zacharia is with the
Helgi Walker is co-chair of Wiley Rein’s appellate practice in Washington, D.C.
American Lawyer noted her recent victory on behalf of Comcast Corporation in the U.S.
—­Rebecca Barns
UVA Lawyer / Spring 2011 53
Class notes
…
Class notes
…
1999
Cohen Gardner, was in the
the Virginia Entertainment
Jason M. Sneed has been
Peter Bowden was recently
news often during 2010,
Law Journal (now the
named group leader for the
promoted to managing
most notably in its
Virginia Sports &
trademarks and copyrights
director at Morgan Stanley
Antone Melton-Meaux has
representation of the sea
Entertainment Law Journal)
group at Alston & Bird in
in Houston.
been named a partner in
captains from Deadliest
during law school, after
Charlotte. He was named
Catch during their dispute
which he joined the
with Discovery
Communications, a
negotiation that pitted the
and later served executive
Judge Charles F. Baird LL.M. ’95 received the 2010
small Beverly Hills
Bowden is an energy
the Minneapolis, Minn.,
by Business North Carolina
investment banker who
office of Jackson Lewis,
business affairs depart-
as a Legal Elite in intel-
provides mergers and
where he concentrates his
ment of PolyGram Films
lectual property law for
acquisitions advice to, and
practice on employment
Laura Deddish Burton has
2010, and was designated
leads financings for, energy
litigation disputes.
terms at Universal and Fox,
been elected partner in
a 2010 Rising Star in North
companies. His client base
Carolina Super Lawyers.
Civil Libertarian of the Year Award from the Central
boutique against
before co-founding Cohen
the Greensboro, N.C.,
includes exploration and
Bill Baroni ’98 is deputy executive director of the
Michael Rakower writes
Texas chapter of the ACLU. Baird led the justice
Washington, D.C., firms
Gardner in 2002.
office of Smith Moore
production companies,
Port Authority of New York and New Jersey, a job
that he recently had the
system in his work defending the innocently incar-
Williams & Connolly and
Leatherwood, where her
as well as providers of
in which he is responsible for the management of
pleasure of working on a
cerated and finding restorative justice solutions. He
Arent Fox. Gardner also
practice focuses predomi-
midstream and oilfield
five airports, four Hudson River bridges, the Lincoln
case with his friend and
favors rehabilitative efforts for nonviolent offenders
negotiated seven-figure
in order to give them a chance to succeed in life, but
deals for the sale to Lions
also to decrease the burden on society and taxpayers.
1998
services. Bowden is also a
and Holland Tunnels, the Port of New York and New
classmate, Logan Johnson,
international law. She has
Ann Ayers was recently
recognized expert in mas-
Jersey, and the PATH transit system. He is also leading
“a lawyer who is making
Gate of the film Buried at
been named one of the
named Volunteer of the
ter limited partnerships,
the project to rebuild the World Trade Center site,
his mark in Texas.” Logan
He was the first judge in Texas, and second in the na-
Sundance, and for French
Vanessa Chandler has
top professional women in
Year by the Women’s Vision
having led more than 50
which includes making sure the 9/11 memorial and
and the boutique litigation
tion, to preside over a posthumous exoneration.
director Patrick Jean in the
been appointed director
the Triad Area based on
Foundation of Denver,
equity financings for MLPs
museum, 1 World Trade Center (formerly called the
firm he co-founded sought
sale of his viral sensation
of communications and
her professional success
Colo., an organization that
over the past few years.
“Freedom Tower”), and the transit hub are completed
assistance from a New York
Travis County in December. He previously served for
Pixels to Columbia Pictures
senior policy advisor by
and involvement in her
promotes and supports
according to schedule.
lawyer on a matter that
eight years on Texas’ highest criminal appellate court.
for Adam Sandler to star.
Missouri’s state auditor.
community, and was
women as leaders of
Aaron Kanter is in-house
In January he established the criminal law section of
Gardner’s interest in
She previously served as
honored at the 2010
corporations. Ayers began
counsel for Forté, a
Trade Center site to Department of Homeland Se-
and extended to a federal
the Fowler Law Firm in Austin.
entertainment law was
general counsel for two
Business Leader’s Women
her volunteer work with
sponsor group to USTC
curity Secretary Janet Napolitano ’83. Building of
court in New York. “I was
evident when he founded
defense contractors.
Extraordinaire Awards
Women’s Vision on the
Holdings, an investor
1 World Trade Center is rising at one story per week.
pleased to play a support-
luncheon in Winston-
management council,
consortium that acquired
ing role and work alongside
Salem. She has been
overseeing events
Xe Services in December.
my Law School buddy, who,
selected for inclusion in
planning and helping
Xe Services is a leading
by calling me, illustrated
2011 Best Lawyers.
to generate more than
provider of training and
$500,000 in revenues. She
technical services focused
She is a member of the
James F. Neale has
hallmark of our law school
and the envy of our peers.”
Judge Baird retired from the 299th District Court of
Brian M. Zimmet has been
1997
1996
nantly on immigration and
promoted to counsel
On September 10, Baroni gave a tour of the World
began in Texas federal court
the camaraderie that is a
at Hunton & Williams in
The film adaptation of
has served the foundation
on worldwide diplomatic
corporate department
co-authored Food Safety
Richmond, Va. He is a mem-
Emily Giffin’s novel,
as board secretary,
security operations.
at Robinson Bradshaw &
Law, a definitive guide for
ber of the regulated markets
Something Borrowed,
treasurer, and executive
Hinson, where her practice
food producers concerned
team, and his practice spans
starring Kate Hudson,
committee member. She is
Benjamin S. Lippard has
includes a range of com-
about liability or plaintiffs
federal regulation and
John Krasinski, and Emily
credited with establishing
been promoted to partner
mercial transactions with
stricken by a food-borne
restructuring of the electric
(in a cameo role) opens in
a finance committee and
with Vinson & Elkins in
a focus on mergers and
illness. (See In Print.)
Marc A. Cohn has joined
utility industry. He focuses
theaters on May 6. Giffin
a timely budget for 2011
Washington, D.C., where
acquisitions, private equity
Neale is a partner in the
Arnold & Porter in
on regulation of regional
will attend the world pre-
that allowed for strategic
he focuses on environ-
investments, and general
Charlottesville office of
Washington, D.C., as
mier at a gala ceremony in
planning. Ayers is senior
mental matters, including
corporate law.
McGuireWoods, where he
counsel in the intellectual
Hollywood on May 3.
strategic communications
civil litigation, civil and
is co-chair of the food-
property practice group,
transmission organizations
2000
and independent system
Hollywood trade magazine
Rob Masri ’96 launched Cardagin Networks in
operators, investor-owned
Variety named Jonathan
Charlottesville on January 18, with Charlottesville
consultant in the
criminal enforcement
Paul M. Navarro has been
borne illness litigation
where he focuses on
electric utilities, indepen-
Gardner one of its
Mayor Dave Norris declaring the day “Cardagin Day.”
Jeffrey B. Hubbard
Denver office of Mission
defense, site remedia-
named a 2011 Rising
group. He has been
medical device litigation
dent power producers, and
“Dealmakers of 2010.”
Cardagin is a mobile advertising and loyalty solution
recently established
Minded, a marketing
tion, and administrative
Star by North Carolina
selected for inclusion in
and arbitration, including
power marketers under the
Gardner told Variety he
that local businesses use to reduce their reliance
Putney & Hubbard in
communications firm for
proceedings.
Super Lawyers. He is a
Best Lawyers 2011 in the
patent infringement,
Federal Power Act, Public
“always strives for fairness
on traditional local advertising. Headquartered in
Bedford, Va.
non-profits.
partner in the labor and
area of product liability
contract, and business tort
Utility Regulatory Policies
in negotiations,” adding,
Charlottesville, Cardagin is now in 12 other markets.
Kelly Luongo Loving has
employment department
litigation.
cases. He was previously
Act, and the Electricity Title
“[t]he truth is always the
Rob and his wife, Natalie, are enjoying life with their
been selected for the
in the Charlotte office of
of the Energy Policy Act of
strongest argument.
other startups, twins Felix and Xavier (11 months),
Charlotte Business Journal’s
McGuireWoods.
2005.
Professionals recognize it
and Mira (almost 3).
annual “40 Under 40” list.
with Howrey.
immediately.” His firm,
54 UVA Lawyer / Spring 2011
UVA Lawyer / Spring 2011 55
Class notes
…
Class notes
…
2001
Michael J. Hendershot
Justin Sizemore has joined
focuses his practice on
Samuel Sheldon has joined
Haynsworth Sinkler Boyd
Epstein Becker Green as
has earned certification
Reed Smith as an associate
corporate representations
Gunster in Miami, Fla.,
in Columbia, where he is a
a member in the national
from the Ohio State Bar
in the commercial litigation
for public and private
where he will concentrate
member of the public
labor and employment
Association as an appellate
group in Richmond, Va.
companies, investors, and
his practice in the area of
finance team, helping
practice in Washington,
specialist. He is an associ-
entrepreneurs.
business litigation.
counties, municipalities,
D.C., where he will lead
ate in the Columbus office
Eric Conn has joined
and school districts issue
2002
Matthew Houtsma is an
bonds as a means to
adjunct professor in the
finance various capital
William W. Bos has been
University of Denver’s
projects.
group. He focuses his prac-
promoted to partner
graduate tax program.
Ben Block has been
tice on appellate issues,
with Vinson & Elkins in
He also litigates tax court
Robin Zimmerly mar-
promoted to partner at
amicus work, products
Houston, Tex., where he
cases on behalf of the
ried Jason Meidhof on
Covington & Burling in
liability, and insurance law.
concentrates his practice
Guy Maurice ’02 reports that his baby is no longer
Internal Revenue Service.
October 17, 2009, and left
commercial litigation
Washington, D.C. He has
Hendershot was named an
on commercial lending
a baby—her second birthday has come and gone.
group, where he focuses
extensive experience in
Ohio Super Lawyers Rising
and financial transactions.
Gigi enjoyed cake and a baby piano. “Next year,” he
on contract, construction,
civil litigation, including as
Star in appellate law in
notes, “she’ll probably appreciate another child being
corporate governance, and
a first-chair litigator in
2010 and 2011.
there!” Guy has joined Baker Martin Capital, a bou-
employment disputes.
state and federal court
Klele also has expertise in
trials and appeals, and in
Brian Keyes has been
wrongful termination and
arbitrations. He regularly
elected partner with
non-compete actions.
advises the NFL regarding
Wilson Sonsini Goodrich
issues relating to its
& Rosati in Seattle, Wash.,
Kandice J. Giurintano
collective bargaining
where he practices corpo-
has been selected as
agreement, as well as in
rate and securities law.
the Dauphin County Bar
other matters. Block
elected partner at Baker
Association Pro Bono
clerked for Judge A.
Botts in Dallas, Tex., where
Attorney of the Year.
Raymond Randolph of the
he focuses his practice on
She is a member with
U.S. Court of Appeals for
McNees Wallace & Nurick
the District of Columbia
in Harrisburg, Pa. She co-
Circuit.
efforts to provide occupa-
of Vorys, Sater, Seymour
tional safety and health
Khaled John Klele has
and Pease, where he is a
services to the firm’s
been elected partner with
member of the litigation
clients. He was previously
Riker Danzig Scherer
a partner with McDermott
Hyland & Perretti in
Will & Emery.
Morristown, N.J. He
practices in the complex
private practice to work in
the Office of Enforcement,
2004
Division of Investigations
Tigerron “Tiger” Wells
at the Federal Energy
tique merchant bank in New York City, as a managing
Jared J. Garner recently
received the 2011
Regulatory Commission.
director.
joined Carlson Hotels as
Jonathan Jasper Wright
The couple met while
associate general counsel
Award from the University
racing bicycles and return
in Carrollton, Tex.
of South Carolina’s Black
to Charlottesville every
Law Students Association.
March for the Jefferson
Ben Oxley left K & L Gates
The award, named for the
Cup Road Race.
to open his own real estate
first African American to
Cynthia Orchard has two
investment company,
practice law in South
young children and has
EcoRentals, which will be
Carolina and the first
lived in El Salvador since
making environmental
African American elected
commercial leasing and
August 2007, where she is
upgrades to properties
to any appeals court in the
Christopher Calsyn has
real estate acquisition and
mostly a full-time mother,
and renting them out
nation, is given to an
been promoted to counsel
development.
though she also made
in the Washington, D.C.
outstanding member of
in the labor and employ-
chairs the appellate and
time to serve as a program
metro area.
the South Carolina legal
ment group with Crowell &
post-trial practice group
officer with the Center for
community. Wells is with
Moring in Washington, D.C.
and is part of the litigation
Exchange and Solidarity’s
Justice Jan P. Patterson
Joshua N. Silverstein has
International Election
LL.M. of the Texas Court
and transportation,
Jeremy Gott has been
distribution and logistics
Amy Shaw and her
been admitted to the
Observation Mission from
Chad Romey and his wife,
of Appeals was recently
groups. Under her leader-
husband, Tony, welcomed
partnership of Stradley
October 2008 to October
Carly, announce the birth
elected to membership
ship, 75 attorneys and
their first child, Bradford
Ronon Stevens & Young in
2009. Orchard plans to
of their first child,
in the American Law
staff members at McNees
Lloyd, on July 3. Bradford
Cherry Hill, N.J. He is a
move to Kazakhstan in
Catherine June, on
Institute. The institute
participated in various pro
was born at 27 weeks, 2
September, where her
August 19. The family
is composed of lawyers,
bono projects in 2010.
days. He weighed
Ryan Coonerty is currently
practice group, where he
Nicole M. Murray has been
husband will be working
resides in Fort Wayne, Ind.,
judges, and law profes-
2 pounds, 11 ounces, and
serving as the mayor of
concentrates on mergers
named a Rising Star in
at a British school, and will
where Chad is with
sors and is the leading
measured 14 ¾ inches. He
Santa Cruz, Calif. He is also
and acquisitions, contract
Illinois Super Lawyers 2011.
continue to be a full-time
Blackburn & Green.
independent organization
was in the neonatal
the co-founder and chief
negotiations, and general
She is an associate with
mother for a while longer.
intensive care unit at Good
strategist for NextSpace
corporate counseling. Prior
Quarles & Brady’s
Samaritan Hospital in
Coworking + Innovation,
to joining Stradley Ronon,
intellectual property
Cincinnati, Ohio, for two
which was named the
he was a licensed
group in Chicago and
and a half months. “We
2010 Santa Cruz Small
insurance producer for
focuses her practice on
Geoffrey D. Fasel was
has been an appellate
welcomed him home on
Business of the Year.
Allstate Insurance
intellectual property
promoted to shareholder
judge for 12 years.
Company.
litigation.
with Polsinelli Shughart
September 13,” Amy writes,
“and he is thriving.”
56 UVA Lawyer / Spring 2011
member of the business
2005
in the U.S. producing
2003
scholarly work to clarify,
modernize, and improve
the law. Justice Patterson
Suzan (Sandikcioglu) Akyali ’05 is mother to twins,
Devin and Serra, four-months-old in this photo.
in Kansas City, Mo. He
UVA Lawyer / Spring 2011 57
Class notes
…
Class notes
…
Guy E. Carmi LL.M. ’05, S.J.D. ’10
In 2009 Corwin Levi left
based on their demon-
children and advocate for
in the Greensboro office of
women’s group in which
has been awarded the
an associate position
stration of outstanding
changes in the District of
Smith Moore Leatherwood
she could share her
2010
Gorney Prize for Young
at Wilmer Hale to focus
leadership qualities and
Columbia’s laws, policies,
in the litigation and real
traditional cultural and
James B. Bailey has joined
Researchers in the field of
on his career as a visual
service to their communi-
and programs. She is an
estate practice groups,
political values. The
Bradley Arant Boult
public law by the Israeli
artist. His work has been
ties. The forum prepares
associate with McKenna
where he focuses primarily
organization has grown
Cummings as an associate
Public Law Association.
featured in a number
Mississippi lawyers for
Long & Aldridge, where
on land use.
from a book group to 24
in the Birmingham, Ala., of-
Carmi was awarded the
of shows, including
future opportunities in
she focuses her practice
chapters on campuses
fice, where he is a member
prize for his doctoral
one in September at
leadership roles. Graves
on appellate, federal
Sinead N. O’Doherty has
across the country.
of the bankruptcy,
dissertation, “Dignity
Second Street Gallery in
practices in the Jackson
regulatory, and adminis-
joined Robinson Bradshaw
restructuring, and distressed
Minoo Sobhani has joined
and Liberty: Differing
Charlottesville that sprang
office of Corlew, Munford
trative matters.
& Hinson as an associate
investing practice group.
Jackson Walker as an
Approaches to Free
from the artful doodling
& Smith, concentrating on
Speech in Germany, the
on his law school notes.
litigation.
United States, and Israel.”
A number of shows are
His dissertation examines
scheduled for 2011. Levi
the question of whether
freedom of expression is
in the Charlotte, N.C.,
associate in the litigation
Stephanie Ullman Grau
office. She clerked for the
section in Dallas, Tex.
Ignacio Salvarredi LL.M. ’06 married Cecilia Diaz
and her husband, Eric Grau,
Honorable Richard L.
Juan Manuel Pinzon LL.M.
de Souza on December 6, in Buenos Aires, Argentina.
welcomed their first baby,
Williams ’51, U.S. District
works from time to time
recently left Citibank-
In attendance at the wedding were Patricio Pablo
Willow, on October 25.
Court for the Eastern
as counsel in the Clarity
Colombia, where he was
Pantin LL.M., Lars Rueve LL.M., Fabian Osswald
Willow weighed 7 lbs.,
District of Virginia, and for
primarily based on the
Law Group, a virtual law
vice presidente assistant,
LL.M., and Hector Calero Ramirez LL.M.
11 oz. and measured 19¾
the Honorable Robert B.
value of human dignity or
firm with a conference hub
to join Proteccion de
inches long.
King, U.S. Court of Appeals,
Allison Davis has joined
the value of liberty. It also
in Washington, D.C. Find
Riesgos PR Asesores de
Fourth Circuit.
Dinsmore & Shohl as an
addresses the question of
out more about Corwin’s
Seguros as a partner.
how relying on either of
latest endeavors at www.
Proteccion de Riesgos PR
these values affects the
radiosebastian.com.
is dedicated to insur-
management consulting
ance brokerage and risk
for individuals and
perception of freedom of
2007
2008
associate in the Cincinnati,
2009
Ohio office. She is in the
Christopher Harding has
mass tort practice group
joined Tonkon Torp in
William J. Stowe has
and represents a broad
Portland, Ore., as an
joined Jackson Walker as
expression and its protec-
Robert E. McGrail is
Kelly A. Booker has joined
Karin Agness and a
range of complex civil
associate in the business
an associate in Houston,
tion. Carmi is an associate
director of legal affairs
Blank Rome as an
conservative campus
litigation matters,
department.
Tex., where he focuses his
in the litigation depart-
at DUMAC, a profession-
John Sherman is graduat-
associate in the real estate
organization she
including pharmaceutical,
ment at Lipa Meir & Co.
ally staffed investment
ing from Darden in May
group in the New York City
founded called Network
real estate, and energy
Andrew L. Howlett is an
litigation, including
He teaches Holocaust and
organization controlled by
and moving to Charlotte,
office. She focuses her
of Enlightened Women
litigation. She was
associate in the tax depart-
product liability defense,
the law at the Radzyner
Duke University. He lives
N.C., to join Wells Fargo
practice on domestic
(NeW) were featured
previously with Baker
ment of Debevoise &
insurance defense, and
School of Law of the
in Cary, N.C., with his wife
Securities Investment
corporate real estate
in the blog POLITICO in
Botts in Houston, Tex.
Plimpton in New York City.
health care litigation.
Interdisciplinary Center in
and child.
Banking Division in their
transactions, including
March. In NeW’s annual
“Every morning,” he writes,
new industrials group.
commercial real estate
Frankie T. Jones, Jr., was
online contest, women
“I do wind sprints across
development, leasing,
recently selected for the
nominate men who act
the 59th Street bridge in
Virginia Thomas
McKibbens has joined
After finishing his
mortgage releases,
first class of the North
like gentlemen in the
preparation for when I can
Bradley Arant Boult
play softball again.”
Cummings as an associate
companies in Colombia.
Herzliya, Israel.
Brian T. McLaughlin
practice on commercial
Sarah M. Hall serves
has been promoted to
on the advisory board
counsel in the government
purchases and sales, UCC
Carolina Bar Association’s
traditional sense, opening
contracts and litigation
Diego I. Blanco
Carrillo LL.M. ’06 and
six-month internship in
of the Children’s Law
the European Commission
foreclosures, fund
Leadership Academy. He is
doors for women, helping
in Birmingham, Ala., where
Center in Washington,
groups with Crowell &
Alejandra Bartlett had
data protection unit,
formations, and loan
also on the executive
them carry things, holding
she is a member of the tax
D.C. The center partners
Moring in the Washington,
their first son, Diego,
Olivier Winants LL.M. has
financing and restructur-
board of the Friends of
umbrellas over them
practice group.
with pro bono attorneys
D.C. office.
on January 3. Carrillo
started work as a political
ing. She was previously
Center City Park and the
in the rain. Agness told
to offer comprehensive
continues to work
advisor for the United Left
with Skadden, Arps, Slate,
executive council of
POLITICO that NeW aims
Colin LeCroy has joined
W. Thomas Worthy has
legal services for at-risk
as a senior associate
Group in the European
Meagher & Flom.
synerG, an organization of
to encourage gentlemanly
Jackson Walker as an
joined Bradley Arant Boult
for Ritch Mueller,
Parliament in Brussels.
that promotes social and
behavior on campus. It’s
associate in the litigation
Cummings as an associate
in Birmingham, Ala., where
children and advocates
2006
www.ritch.com.mx, a
He is mostly active within
Elisabeth “Lisa” Shu serves
professional networking
about “appreciating men
section in the Dallas, Tex.,
of Columbia’s laws,
Tiffany M. Graves was
Mexican law firm spe-
the committee for civil
on the advisory board
and leadership opportuni-
who are respectful and
office.
policies, and programs.
selected as a member
cializing in finance,
liberties, justice, and home
of the Children’s Law
ties. In 2010 Jones was
courteous,” says Agness.
Samir Najam has joined
litigation and governmen-
She is an associate in the
of the inaugural class
securities, and merg-
affairs, and the committee
Center in Washington,
recognized by Triad
She founded NeW while
Jackson Walker as an
tal affairs practice groups.
litigation practice group
of the Mississippi Bar’s
ers and acquisitions
for internal market and
D.C. The center partners
Business Journal in their
an undergraduate at UVA
associate in Houston, Tex.
of Covington & Burling’s
Leadership Forum.
transactions.
consumer protection.
with pro bono attorneys
annual “40 Under 40”
because she wanted to
His practice focuses on
Washington, D.C., office.
Candidates were chosen
to offer comprehensive
Leadership Awards. He is
be part of a conservative
international and real
for changes in the District
legal services for at-risk
58 UVA Lawyer / Spring 2011
he is a member of the
estate transactions.
UVA Lawyer / Spring 2011 59
In Memoriam
In Print
Edward C. Summers ‘32
Bainbridge Island, Wash.
February 17, 2011
C. Douglas Adams, Jr., ‘49
Winchester, Va.
January 30, 2011
Theodore A. Boyce ‘55
Norfolk, Va.
November 24, 2010
Richard G. Joynt ‘61
Richmond, Va.
February 26, 2011
Philip L. Chabot, Jr., ’76
Nellysford, Va.
December 10, 2010
George M. Cochran ‘36
Staunton, Va.
January 22, 2011
Robert N. Bloxom ‘49
Melfa, Va.
February 22, 2011
Robert G. Black ‘56
Conway, S.C.
September 17, 2009
Edward O’Regan ‘62
Waterford, Conn.
January 31, 2011
Brian D. Smith ‘77
London, England
March 14, 2011
Bernard Protzel ‘36
Miami, Fla.
August 29, 2010
Arthur B. Davies III ‘49
Millboro, Va.
January 22, 2011
George D. Brodigan ‘56
West Hartford, Conn.
September 14, 2010
Crawford McDonald ‘63
Memphis, Tenn.
February 26, 2011
Mark A. Ash ‘78
Raleigh, N.C.
February 21, 2011
Maurice Steingold ‘41
Virginia Beach, Va.
October 15, 2010
John L. Miller ‘49
Pompton Plains, N.J.
November 7, 2010
Henry W. Clark, Jr. ‘56
Oxford, Md.
December 26, 2009
John A. Sabanosh ‘63
Scottsdale, Ariz.
August 21, 2010
Lisa A. Barbour ‘82
Avon, Colo.
December 2, 2010
Richard K. Hawes, Jr., ‘42
Westport, Mass.
January 29, 2011
Benjamin F. Sutherland ‘49
Mooresville, N.C.
February 13, 2011
Richard B. Bland ‘57
Tracys Landing, Va.
November 14, 2010
Paul N. Sameth ‘63
Timonium, Md.
April 29, 2010
Robert Huber ‘82
Washington, D.C.
August 18, 2010
Robert E. Browne III ‘47
Spartanburg, S.C.
November 8, 2010
Wilbur C. Allen ‘50
Richmond, Va.
January 18, 2011
Christopher G. Stoneman ‘57
New London, N.H.
January 3, 2011
William Ernest Norcross ‘64
Cordova, Tenn.
January 1, 2011
Charles B. Hecht ‘83
Denver, Colo.
October 30, 2010
Charles G. Blaine ‘48
Buffalo, N.Y.
December 2, 2010
Edward M. Selfe ‘50
Birmingham, Ala.
November 30, 2010
Albert Teich, Jr., ‘57
Norfolk, Va.
October 24, 2010
Laurence C. Leafer ‘66
Ormond Beach, Fla.
September 30, 2010
Jeanne Hodges Coulter ‘84
Roanoke, Va.
January 2, 2010
Edward W. Cooch, Jr., ‘48
Newark, Del.
September 23, 2010
Robert L. Cooley ‘51
Crawfordsville, Ind.
December 17, 2010
Richard E. Carter ‘58
Riverside, Conn.
December 7, 2009
John H. Ariail, Jr., ‘67
Alexandria, Va.
January 20, 2011
John M. Scheb LL.M. ‘84
Sarasota, Fla.
November 17, 2010
William T. Diamond, Jr., ‘48
Jackson, Tenn.
September 16, 2010
Richard L. Williams ‘51
Richmond, Va.
February 19, 2011
Nicholas W. Oakley ‘59
New Orleans, La.
September 16, 2010
M. Blair Corkran, Jr., ‘67
Washington, D.C.
October 30, 2010
William J. Stuntz ‘84
Belmont, Mass.
March 15, 2011
Marshall Burwell Hardy,
Jr., ‘48
Louisville, Ky.
November 2, 2010
Robert Coe ‘52
White Plains, N.Y.
November 2, 2010
Richard S. Callaghan, Jr., ‘60
Coeur D Alene, Idaho
January 28, 2011
Thomas H. Wood ‘67
Verona, Va.
January 14, 2011
William A. Bablitch LL.M.‘88
Presque Isle, Wisc.
February 16, 2011
Frederic A. Nicholson ‘52
Norfolk, Va.
October 3, 2010
Thomas A. DeLong ‘60
Southport, Conn.
July 12, 2010
T. Cullen Gilliland ‘68
Atlanta, Ga.
September 12, 2010
Gary L. Holmes ‘89
Los Angeles, Calif.
January 1, 2011
James Sollers Oneto ‘53
Washington, D.C.
June 5, 2010
John M. Carter ‘61
Portsmouth, Va.
October 23, 2010
F. Pendleton Gaines III ‘69
Phoenix, Ariz.
January 5, 2011
John M. Roll LL.M. ‘90
Tucson, Ariz.
January 8, 2011
Edward M. Schotz ‘54
Wyckoff, N.J.
December 29, 2010
Robert E. Eicher ‘61
Midlothian, Va.
October 2, 2010
James R. Henderson IV ‘74
Richlands, Va.
October 9, 2010
Marc E. Guerette ‘01
New York, N.Y.
August 1, 2009
Non-Fiction
The Last Male Bastion: Gender and
the CEO Suite in America’s Public
Companies
Douglas M. Branson LL.M. ’94
Robert F. Matthews, Jr., ‘48
Shelbyville, Ky.
October 30, 2010
Orin Douglas Stenstrom ‘48
Lake Mary, Fla.
June 23, 2010
Howard O. Woltz, Jr., ‘48
Wilmington, N.C.
January 2, 2011
60 UVA Lawyer / Spring 2011
Routledge
Women have made great inroads into the
world of politics as senators, representatives,
governors, and cabinet secretaries. They’ve
taken leadership positions in non-profits
as CEOs overseeing budgets of billions of
dollars, taken the helm of a number of colleges and universities, and sit on the bench
of the Supreme Court of the United States.
But only three percent of Fortune 500 CEOs
are women.
While women account for nearly 40 percent of MBA graduates and 50 percent of
law graduates, why do so few reach the CEO
suite? Branson takes on
the task of evaluating
why women have not
achieved at the same
level in the corporate
world. “In business,” he
explains, “there is a ‘leaky
pipe,’ with a great flow of
women at the intake, but
just a trickle at the outfall
20 or so years later.”
The author traces the
careers of 15 women
CEOs and presents portraits of some of the
women CEOs who made
it to the top of some of the largest organizations, including Jill Barad at Mattel Toy,
Andrea Jung at Avon, and others. Details
about education, career moves, and family
lives, as well as revealing personal reflections are examined.
Branson discusses the pros and cons of
the plowhorse versus the showhorse CEO,
how CEOs are selected, and describes
the “glass ceilings, floors, walls, and cliffs”
women run into along the way. He surveys
lessons learned and sheds new light on how
more women could make it to the chair in
the CEO suite.
Douglas M. Branson is the W. Edward
Sell Professor of Law at the University of
Pittsburgh School of Law.
Defining Moments: Historic Decisions
by Arkansas Governors from McMath
Through Huckabee
Robert L. Brown ’68
University of Arkansas Press
Faced with decisions that could prove
destructive to a political career, politicians
show their true mettle. Robert Brown shows
how decisions made by ten
Arkansas governors have
shaped their terms in office, their legacies, and even
history.
Sid McMath had to
decide whether to support
President Harry Truman’s
civil rights platform or the
rising Dixiecrat tide against
it. Francis Cherry had to
decide whether to label his
opponent as a Communist. Orval Faubus made a
stand on desegregation of
public school that brought
the issue to national attention. Winthrop
Rockefeller’s public response following
the assassination of Martin Luther King,
Jr., had an impact on race relations. Dale
Bumpers grappled with redistricting in a
turbulent time in Arkansas politics. David
Pryor made a decision on whether or not
to dam the Strawberry River. Frank White
dealt with the controversial issue of religion
in schools. Bill Clinton pushed through the
issue of testing teachers. Jim Guy Tucker
wrestled with a divided legislature in a
Medicaid financing crisis. Mike Huckabee
walked the line on consolidation of public
school districts.
Brown examines pivotal moments in the
careers of these Arkansas governors, who
served over a period of 60 years. When an
important decision had to be made, some
of the governors he profiles let ambition get
the best of them, while others took risks to
do the right thing.
In his forward to Defining Moments,
Mack McLarty, who served as advisor to
three presidents of both parties and as
White House chief of staff for President Bill
Clinton, praises Brown, saying he writes
with “the objectivity and intellect of a Supreme Court justice, the scholarship of a
political historian, the engaging style of a
professional storyteller.”
Robert L. Brown has known nine of these
governors at least casually, worked for two
as an aide, and supported two others either
UVA Lawyer / Spring 2011 61
In print
…
financially or through work in the precincts.
He is an associate justice of the Arkansas
Supreme Court and has been involved with
Arkansas politics for 40 years.
In print
…
American Factoring Law
David Flaxman ’64 with David Tatge
and Jeremy Tatge
BNA
The Animal Rights Debate: Abolition
or Regulation?
Gary L. Francione ’81 and
Robert Garner
Columbia University Press
The Delaware Trial Handbook
David L. Finger ’88 and Louis J. Finger
www.delawgroup.com/dth
The Delaware Trial Handbook, a treatise on
trial practice and procedure in Delaware
state courts, was
originally published in 1994.
After a change in
ownership of the
original publishing
company, publication of the book
ceased, and the
copyright transferred to David
Finger after his father’s death. Finger has
updated The Delaware Trial Handbook and
has made it available for free online at www.
delawgroup.com/dth.
The handbook offers novices and experienced attorneys alike invaluable information
concerning procedural issues that arise during a trial. It includes coverage on the role of
the attorney, pre-trial motions, selection of
juries, different types of evidence, rules of
evidence, order and burden of proof, opening and closing arguments,
methods of examining
witnesses, privileged communications and hearsay,
measures of damages, jury
instructions, verdicts,
post-trial motions, and
other topics as well. The
500-page book is annotated throughout with
citations to judicial rulings in the State of
Delaware.
David Finger is a partner with Finger & Slanina
in Wilmington.
62 UVA Lawyer / Spring 2011
This is the first comprehensive treatise
on factoring law in America. It offers a
detailed, practical analysis of legal and business issues faced by factors, their clients,
account debtors, guarantors, third-party
lenders, and taxation authorities. American
Factoring Law is unrivalled in its coverage
and analysis of asset-based lending and
commercial finance.
“Factoring is one of those things that most
commercial lawyers know a little about,”
begins the foreword. “The problem is that
a little knowledge is a dangerous thing.”
The authors, experts in the field, provide an
excellent reference, a comprehensive look at
factoring from its historical development to
its use in tax planning.
American Factoring Law presents an indepth analysis of the relationship between
factoring and the Uniform Commercial
Code, an explanation of the concept of security, detailed checklists on due diligence, and
discussion of circumstances in which factors can exercise their own discretion. Other
topics include credit risk and variations of
factoring arrangements, from non-recourse
to partial non-recourse to partial recourse
to full recourse, to split risk, discussion of
fees, even bankruptcy of clients or factors
themselves.
Armed with extensive knowledge and
experience in factoring
matters, the authors are
nevertheless able to explain the ins and outs of
the complex subject in a
clearly comprehensible
way.
David Flaxman is general counsel of Rosenthal
& Rosenthal, Inc., commercial old-line factors in
New York City, founded
in 1938.
In his latest book, Gary L. Francione speaks
out about his abolitionist approach to animal
rights: as long as animals are property, laws
and industry practices requiring humane
treatment will never provide meaningful
protection. He maintains that there is no
moral justification for using them for our
own purposes.
Francione’s coauthor, Robert Garner,
defends a protectionist or welfare approach.
He argues for animal rights that work toward
minimizing or eliminating animal suffering.
He maintains that even though the traditional animal welfare ethic is philosophically
flawed, it can contribute in a meaningful way
to achieving animal rights ends.
Each of the debaters delves into the moral
status of non-human animals and the pros
and cons of animal welfare reform. In their
debate on the animal protection movement in the U.S. and abroad, Francione
and Garner assess organizations such as
PETA (People for the Ethical Treatment
of Animals) that support improving the
methods of animal slaughter. They also
discuss American and European laws and
campaigns from both the animal rights and
animal welfare perspectives.
“This is a subject of extremely heated debate in animal studies and society at large,
and Gary L. Francione and Robert Garner
address it as no others can,” notes Gary
Steiner, professor of philosophy at Bucknell
University.
Gary Francione is distinguished professor of law and Nicholas deB. Katzenbach
Scholar of Law and Philosophy at Rutgers
University School of Law-Newark.
“Thorough yet succinct, Justice in Blue
and Gray is the best
book so far to bring
together all the legal
conflicts that shaped
the Civil War,” writes
Michael Vorenberg,
Brown University.
Stephen C. Neff
is Reader in Public
International Law at
the Edinburgh Law
School.
food-borne illness litigation
practice group. He has substantial mass tort and class action
litigation experience and has
argued before the Virginia
Supreme Court and the U.S.
Court of Appeals for the 4th
Circuit.
Justice in Blue and Gray: A
Legal History of the Civil
War
Stephen C. Neff ’76
Food Safety Law
Harvard University Press
James F. Neale ’98 and Angela M. Spivey
Law Journal Press
As many as 76 million food-borne illnesses
are recorded in the United States each
year, and the mass production of food,
widespread distribution, and new ways
of tracking outbreaks have led to unprecedented litigation. Food Safety Law is the
definitive guide to this complex and rapidly
growing area, a reference source to navigate
the many agencies, statutes, regulations, and
case law involved.
Food Safety Law delves into complex administrative areas, concentrating most on
the FDA and USDA. From prevention and
compliance to an outbreak and resulting
litigation, the book takes readers through
key topics, including: food safety threats,
inspections, foreign objects in food, detection of outbreaks, recall strategies, causes of
action and defenses, proving causation, insurance coverage, labeling requirements,
and the latest legal
issues as well, including, among
others, obesity,
cloning, and
bioengineering.
James F. Neale
is a partner with
McGuireWoods
in Charlottesville,
where he is cochair of the firm’s
Of all wars throughout history, none equals
the Civil War in the role played by law and
the number of legal issues and disputes decided in courts. In Justice in Blue and Gray:
A Legal History of the Civil War, Stephen C.
Neff offers the first comprehensive study
of the array of legal issues that arose from
America’s deadliest war. Many of these—
sovereignty, civil liberties, pardons and
amnesty, detention, the limits of executive
powers—are just as relevant today.
Justice in Blue and Gray delves into the
most fundamental questions, such as the
lawfulness of secession: was the Civil War
a war in the true legal sense (the Confederate side thought so) or an exercise in law
enforcement (the North thought so). The
book also goes into less well-known legal
aspects of the conflict—the use of the socalled “iron-clad” oath in which people had
to swear not only to their present and future
loyalty but also that they had always been
loyal. Under such an oath many could commit perjury and be prosecuted for such.
The book goes beyond the Civil War period to show how legal systems are tested in
times of crisis. “Law is a constantly living,
evolving subject,” writes Neff, “with the past
gliding its way into the present (and the future) with a silence that is as deceptive as it
is inexorable. Many—in fact virtually all—
of the issues that faced the policy-makers of
the 1860s are still with us today, in a more or
less recognizable form.”
Social Innovation, Inc.: 5 strategies
for Driving Business Growth Through
Social Change
Jason Saul ’96
Jossey-Bass
Social Innovation, Inc. is not about corporations doing good for the sake of doing good.
It’s about a new era in which corporations
profit from social change. “The simple truth
is that corporations don’t have a conscience,
only people do. If we want to motivate business to solve social problems, we have to
start from the assumption that companies
will only ever care about the bottom line.”
The key is to find creative means of combining social change with market forces.
UVA Lawyer / Spring 2011 63
In print
…
Social innovation requires solving problems
through business strategy, not philanthropy
and compliance. Saul argues that current
standards for labeling a company as “socially responsible” are flimsy at best.
Saul gives practical examples from the
field to show the way GE, Travelers, Wellpoint, and Wal-Mart use social innovation
to revolutionize the very way we think
of the role of corporations in society. He
details five strategies for social innovation,
offering step-by-step guidance for how to
get started, and makes a clear case for how
social values can drive business strategy to
tap one of the greatest remaining business
opportunities.
Jason Saul is on the faculty of Northwestern
University’s Kellogg School of Management,
where he teaches corporate social responsibility and non-profit management. He is
founder and CEO of Mission Measurement, a
data-driven strategy consulting firm that helps
public sector, non-profits, and corporations
measure and improve
their social impact.
The End of
Fundraising: Raise
More Money by
Selling Your Impact
Jason Saul ’96
Jossey-Bass
Why does it cost nonprofits on average $20
to raise $100, while it
costs companies only
$4? The answer, says
Jason Saul, is that we
need to raise money from sources that have
a real stake in the results. He wrote The End
of Fundraising for executives and fundraisers, board members and funders, academics
and practitioners, graduate students and
undergrads, socially conscious thinkers and
hard-nosed business people.
Traditional fundraising depends on the
unpredictable donations of people whose
reward is the warm, fuzzy feeling they get
64 UVA Lawyer / Spring 2011
In print
…
from their philanthropy. No one has to donate, so if they don’t feel like donating, they
won’t. In the traditional model, non-profits
have no leverage, explains Saul. In The End
of Fundraising, he shows non-profits how to
stop rattling their cups and start marketing
their impact.
With 15 years of experience advising the
world’s leading non-profits, foundations,
and corporations, Saul has come up with the
formula that makes it possible for non-profits to attain reliable financial sustainability.
The End of Fundraising is a guidebook for
professionals in the world of non-profits for
how to understand the role of social change
in today’s economy; get across the value of
impact in a compelling way; identify potential sources of funding; and create dynamic,
persuasive pitches to audiences. The book
includes all the tips needed to frame and
market a non-profit organization’s impact
and step-by-step guidance for creating
dynamic new opportunities with potential
funders.
Jason Saul is on the
faculty of Northwestern
University’s Kellogg School
of Management, where he
teaches corporate social
responsibility and nonprofit management. He
is founder and CEO of
Mission Measurement,
a data-driven strategy
consulting firm that helps
public sector, non-profits,
and corporations measure
and improve their social
impact.
Five Big Mountains: A Regular Guy’s
Guide to Climbing Orizaba, Elbrus,
Kilimanjaro, Aconcagua, and Vinson
David Schaeffer ’81
Mercer University Press
A gloveless hand going numb in a frigid
wind at 17,000 feet, crampons coming loose
on a vertical climb—all in a day’s work if you
he writes, “my head and my soul were still
blowing in the winds high up in the Andes.”
Schaeffer never sees a snow-capped
mountain without wondering if he could
make it to the top. But, he writes, “I’m a
husband, father, and lawyer first, and a
mountain climber on the side.” He offers
practical advice for would-be climbers: plan
the climb carefully, do your homework,
acquire the right equipment, train well, and
find an experienced guide. He also recommends taking on such adventures before
you get married. His wife doesn’t stand in
the way of his mountain quests, but he decided that Everest and Denali were just too
risky to attempt.
David Schaeffer is a partner with Chilivis,
Cochran, Larkins & Bever in Atlanta, Ga.
want to make it to the summit of one of the
world’s highest peaks. The author, who dubs
himself a “somewhat crazy, regular guy,”
balances his legal career with challenging
climbing expeditions and shares the thrill
(including close calls) and exhilaration of
mountain climbing.
David Schaeffer climbed as a child, but his
real climbing quest began when he climbed
Mt. Whitney, at 14,494 feet the highest peak
in the continental U.S. He and his brothers
slogged their way up 97 switchbacks, with
Boy Scouts and a few octogenarians passing
them by, but they made it to the summit.
Schaeffer was hooked, and decided to seek
a bigger challenge.
In the next eight years he made five major
climbs. His first high-altitude climb was
Orizaba, a steep, glaciated Mexican volcano. Then he conquered four of the Seven
Summits, the highest peaks on each of the
continents: Elbrus (Europe), Kilimanjaro
(Africa), Aconcagua (South America), and
Vinson (Antarctica).
His candid narrative describes each
journey in detail—the danger, the passing
doubts, the triumphs. He also reflects on the
challenge of re-entry into everyday life each
time he returns. He expected the warmth of
coming home to his wife and children in Atlanta, but there were also odd after-effects.
For days after returning from Aconcagua,
Fiction
mutilated bodies of his victims at religious
sites throughout Manhattan.
On the trail of the killer, Alex discovers a
bizarre link between martial arts, fist fighting, and worship, just one of the fascinating
threads of behind-the-scenes religious history discovered by Linda Fairstein in her
background research for Silent Mercy.
At St. John’s, Alex and her longtime
sidekick, NYPD homicide detective Mike
Chapman, study six magnificent stained
glass windows originally meant for another
chapel, when they get an insight into the
mind of the killer and a clue to where he
might strike next.
For two decades Linda Fairstein was Chief
of the Sex Crimes Unit for the Manhattan
District Attorney’s office. In that position
she became a legal expert on crimes of
sexual assault and domestic violence. For
her 13th novel, Fairstein draws on the rich
history and architecture of New York City,
which, as always, provides a fascinating
backdrop for her thrillers.
Silent Mercy
Linda Fairstein ’72
Falcon Seven
Dutton
James W. Huston ’84
St. Martin’s
On the opening pages of Silent Mercy, New
York City Assistant District Attorney for
Sex Crimes Alex Cooper scrambles to get
to a fire on the steps of Harlem’s Mount
Neboh Baptist Church at 114th Street and
Seventh Avenue. She finds the body of a
woman, brutally disfigured
and set aflame.
Why on the steps of a
church? Did religion play a
part in this and in the string
of homicides at other churches
throughout the city? Alex’s race
to learn about the role of women in different religions and
their institutions throughout
New York leads her to St. John
the Divine, Old St. Patrick’s
Cathedral, and other places
of worship as the serial killer
makes his moves, leaving the
Several years ago, President Bush signed
a bill authorizing the president of the
United States to use whatever means necessary to extract Americans being held by
the International Criminal Court. James
Huston wondered
what would happen
if the ICC charged
Americans with
war crimes and the
president had to decide whether to use
the power claimed
in the controversial
act. The result is Falcon Seven, his latest
thought-provoking
thriller.
The plot unfolds
as two Navy F/A-18
pilots, intending to bomb a meeting between al-Qaeda and Taliban leaders in
Pakistan, mistakenly hit innocent civilians instead. Their plane is shot down
and the flyers are secretly taken to The
Hague in the Netherlands, where they are
charged with war crimes.
The National Security Council assigns
Jack Caskey, a criminal defense lawyer and
former Navy SEAL, to defend the pilots.
He travels to Pakistan on a dangerous mission to find witnesses. At the same time,
the NSC wants President Barack Obama
to use a little-known act that authorizes
the use of force to extract Americans held
by the ICC. At first Obama gives a special
ops team the go-ahead, but changes his
mind and cooperates with the ICC.
Incensed at this turn of events, Caskey
begins his defense but works behind the
scenes to get the men free before they are
imprisoned indefinitely. High drama in
the courtroom and forays into the world of
international intrigue make Falcon Seven
a compelling read. “Huston provides an
intriguing look at international law, current
American policies, and modern war,” notes
Publishers Weekly.
James Huston, a former F-14 pilot, graduate of TOPGUN, and experienced trial
lawyer.
UVA Lawyer / Spring 2011 65
Opinion
The Special Challenges of Mental Health Care Reform
Richard J. Bonnie ’69
O
ne in four adults in the United States experiences a diagnosable
mental disorder in a given year, and about 6% have serious,
chronic mental illnesses, such as bipolar illness or schizophrenia.
One in ten children has a serious emotional disorder. When these
conditions are untreated or inadequately treated, they
exact huge social costs in emergency interventions,
hospitalization, social services; distressingly, large
numbers of people with acute mental illness are being
caught up in the criminal justice system. The stresses
of coping with the symptoms of these disorders
cause tremendous suffering not only for the troubled
individuals but also for their families and communities.
Use of alcohol or other drugs can exacerbate the
symptoms of mental illness and this can increase the
risk of violence (even though people with mental illness
are not otherwise significantly more likely to be violent
than other people).
One government commission after another
has urged states and localities to establish a stable
infrastructure for providing services and supports
to help people with serious mental illness cope with
and recover from their conditions and to ameliorate
the effects of crises when they arise. Unfortunately,
however, many states and localities have not created
or adequately funded this safety net of mental health services.
Epidemiological studies show that at any given time, only half of
the people who need treatment services for serious mental illness
are receiving them. Virginia’s Commission on Mental Health Law
Reform found that 40% of the people evaluated for mental health
emergencies in June 2007 were uninsured. This number is probably
higher now.
Poor access to mental health services is especially troubling for
young adults exposed to the stresses of schooling, financial need,
unemployment, military deployment and re-entry, and parenting.
Many are especially susceptible to acute disorder due to underlying
vulnerabilities and substance abuse, which peaks in prevalence at
this age. The problems being faced by veterans of the wars in Iraq
and Afghanistan have received attention in the media, but many
aspects of the problem have been overlooked. To take one highly
pertinent example, young adult students in the nation’s community
colleges are more likely to be uninsured or underinsured than their
peers in the workplace or in four-year colleges, which means they are
less likely to be receiving mental health treatment, even though their
need for these services may be comparatively higher
than it is among their peers. Although no one can know
for sure, greater mental health counseling capacity at the
Pima Community College or better linkages between
the college and the county’s mental health services
agency might have increased the likelihood that Jared
Loughner would have been referred for and received
the services he needed before the tragic shootings in
Tucson on January 8.
Unfortunately, the already tattered safety net
of public mental health services (typically funded
by state general fund dollars) is fraying even more
in the aftermath of the recent recession. With the
disappearance of federal stimulus money, states have cut
more than two billion dollars from their mental health
budgets over the last two years. More than one-quarter
of the states have cut their mental health budgets by at
least ten percent. Meanwhile, as Medicaid enrollment
and Medicaid costs continue to rise, state after state
is curtailing projected Medicaid expenditures as well
as direct state funding for public mental health services. Already
lengthy waiting lists are growing longer. Housing and community
support services for chronically ill patients are also scarce. All of this
inevitably increases the pressure on the emergency services system,
hospitals and jails—and heightens the risk of tragedy.
All of us, collectively, pay the price for untreated mental illness.
About this, there can be no doubt. A stronger, more effective system
for delivering mental health services to people who lack adequate
insurance is sorely needed.
How might the Patient Protection and Affordable Care Act
(ACA) affect this bleak picture? For one thing, Congress has required
insurance companies to cover mental illness and substance abuse
disorders on the same terms as medical conditions. That “parity”
law went into effect in 2010, and began to address the problem
of “underinsurance” for mental illness even among families with
All of us,
collectively,
pay the price
for untreated
mental illness.
About this,
there can be
no doubt.
UVA Lawyer / Spring 2011 67
Opinion
…
health insurance. The ACA extends the parity requirement to the
subsidized insurance plans that will be sold on state-run exchanges
beginning in 2014. This could make a huge difference, as will the
expansion of Medicaid to cover people who are poor but able to
work. The number of people needing mental health treatment who
are uninsured should decrease markedly. However, many people,
including undocumented immigrants, will still be uninsured
after these changes go into effect, and many people with chronic
mental illness need support services that are not covered by health
insurance (although many of them are covered by Medicaid). Thus, a
strong publicly funded safety net for crisis intervention services and
outpatient mental health services and supports will still be needed
even after the ACA is fully implemented.
Unless it is repealed or substantially modified, the ACA is likely
to increase access to care for people with mental illness. However,
to achieve a major increase in treatment utilization (and in public
health), non-financial barriers to treatment participation must also
be removed, including the stigma and discomfort that deter people
in need of services from seeking them while making family members
and friends fearful and reluctant to intervene. Much can be learned
from the efforts that have been undertaken by numerous grassroots
organizations to promote public education and outreach on the
nation’s residential campuses since the Virginia Tech tragedy in April
2007. In addition, desired treatment outcomes are now impeded by
a fragmented delivery system that segregates medical care from
mental health care.
In sum, the ACA takes an important step forward in increasing
access to mental health care, but increased treatment participation
and better outcomes will require a transformation of the delivery
system to bring mental health care within the mainstream of an
integrated, patient-centered system of care.
Find us Here:
law.virginia.edu/linkedin
Richard J. Bonnie ’69 is Harrison Foundation Professor of Law and
Medicine, Professor of Psychiatry and Neurobehavioral Sciences,
Professor of Public Policy and Director of the Institute of Law,
Psychiatry and Public Policy at the University of Virginia. Since 2006,
he has served as Chair of Virginia’s Commission on Mental Health Law
Reform.
TM
twitter.com/UVALaw
law.virginia.edu/facebook
youtube.com/UVALawSchool
On the back cover: Protesters against
President Barack Obama’s health care plan
cheer at a rally at Lincoln Park in Grand
Junction, Colo. (AP Photo/Ed Andrieski)
Printed on recycled paper
68 UVA Lawyer / Spring 2011
University of Virginia
Law School Foundation
580 Massie Road
Charlottesville, Virginia 22903
www.law.virginia.edu/alumni
Nonprofit
Organization
US Postage
PAID
Permit No. 248
Charlottesville, VA