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FromtheDEanBuilding on a Vibrant TraditionPaul MahoneyThis is an exciting time to begin a deanship. The <strong>Law</strong> <strong>School</strong> is asintellectually vibrant as it has ever been. This year we will hosttalks by, among others, Justice Samuel Alito, William Cronon,author <strong>of</strong> Nature’s Metropolis, and a group <strong>of</strong> retired U.S. generals whowill talk about interrogation techniques. Our students are as committed,active, and energetic as ever. I spoke recently with two studentsparticipating in the Cowan Fellows Human Rights Study Project, whoare preparing to travel to Cambodia to study the treatment <strong>of</strong> linguisticminorities. Interacting with these remarkable young men and womenmakes teaching at the <strong>Law</strong> <strong>School</strong> a joy.In my first few months as dean, I’ve had the pleasure <strong>of</strong> traveling toa number <strong>of</strong> cities to meet alumni. One <strong>of</strong> the most common questionsI hear at these gatherings is whether and how today’s students differfrom those <strong>of</strong> years past. In most important respects — their sense <strong>of</strong>community, their desire to maintain balanced lives, and their affectionfor their peers and the <strong>Law</strong> <strong>School</strong> — they are just like the graduates who preceded them. But theyare also keenly astute consumers who are determined to get the most from their legal education.That fact has raised the bar for every law school in the nation. In order to attract the best, weneed to be the best — to provide the highest quality education by the most accomplished andinteresting faculty. We relish that challenge.One way in which we respond is to constantly seek new ways to enrich the educationwe provide. In these pages, you will read about two exciting new curricular enhancements.One is the Innocence Project at the <strong>University</strong> <strong>of</strong> <strong>Virginia</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>, a clinical <strong>of</strong>feringfocused on securing post-conviction relief for the wrongfully convicted. The clinic is led byDeirdre Enright ’92, who has extensive experience representing capital defendants in postconvictionproceedings. We have also launched a Program in Public Interest <strong>Law</strong> under AssociateDean Jim Ryan’s leadership. The Program aims to do for public interest law what the <strong>Law</strong> &Business Program did for our students who are interested in that field — provide a set <strong>of</strong> corecourses, exposure to some <strong>of</strong> the most experienced and successful people in the field, and helpwith curricular and career planning. One <strong>of</strong> the founding ideals <strong>of</strong> the <strong>Law</strong> <strong>School</strong> is that lawyersserve not just their private interests, but the public good, and we hope to live up to that ideal.Another constant in the life <strong>of</strong> the <strong>Law</strong> <strong>School</strong> is the support <strong>of</strong> the most loyal and generousalumni <strong>of</strong> any law school in the nation. A new dean could not ask for more than the kind words<strong>of</strong> encouragement and assistance I receive regularly from alumni, many <strong>of</strong> whom I am meetingfor the first time. They reflect our graduates’ tremendous attachment to and affection for the <strong>Law</strong><strong>School</strong> and eagerness to see it succeed. For that, all <strong>of</strong> us who are privileged to work at the <strong>Law</strong><strong>School</strong> are grateful.


<strong>Law</strong><strong>School</strong>News<strong>Law</strong> <strong>School</strong> NewsClass Stands Out After Record Application YearCHOSEN FROM THE largestapplicant pool in the history <strong>of</strong>the <strong>Law</strong> <strong>School</strong>, members <strong>of</strong> the Class<strong>of</strong> 2011 boast the best median LSATand grade-point average qualificationsever for an entering class. The 370students who matriculated from thepool <strong>of</strong> 6,548 applicants have a medianGPA <strong>of</strong> 3.80 and maintained last year’srecord-high median LSAT <strong>of</strong> 170.“In selecting you, we were mindful<strong>of</strong> the special qualities our studentshave had as long as I’ve been associatedwith the <strong>Law</strong> <strong>School</strong> and well beforethat — a capacity and willingnessto view learning as a collaborativeenterprise; a healthy sense <strong>of</strong> balanceamong work, relaxation, family andfriends; an interest in the world aroundyou and in the broader world as well;and a willingness and an inclinationto invest in community,” Dean PaulMahoney told the entering class duringorientation. “You will find thoseinvestments amply rewarded here.”Women make up more than 44percent <strong>of</strong> the entering class, whichis the second-highest percentagethe <strong>Law</strong> <strong>School</strong> has recorded,said Jason Wu Trujillo ’01, SeniorAssistant Dean for Admissions andFinancial Aid. Members <strong>of</strong> the classcome from 43 states, the District <strong>of</strong>Columbia, Puerto Rico, and threeforeign countries, and attended 132undergraduate schools. They have“We were mindful <strong>of</strong> the special qualities our studentshave had — a capacity and willingness to view learningas a collaborative enterprise; a healthy sense <strong>of</strong> balanceamong work, relaxation, family and friends; an interest inthe world around you and in the broader world as well; anda willingness and an inclination to invest in community.”lived or worked abroad in 44 countries and strategic studies, mathematics,and have pursued a variety <strong>of</strong> careers, anthropology, physiology, systemsfrom presidential speechwriter to an engineering, biomedical engineering,assistant to Maya Angelou.philosophy, history, literature,“Our admissions process grows international affairs and internationalmore and more competitive each year,” relations.said Trujillo. “Less measurable thanGPA and LSAT scores, but equally A Global Communityimportant, is the breadth and depth First-year students have lived, worked,<strong>of</strong> the backgrounds <strong>of</strong> our entering or studied all over the world, includingstudents. In that regard, this class also England, Scotland, Ireland, Germany,stands tall.”Denmark, Norway, Switzerland,France, Spain, Italy, Austria, Belgium,Educationthe Czech Republic, Hungary, Mexico,Thirty-one members <strong>of</strong> the Class New Zealand, Turkey, the Galapagos<strong>of</strong> 2011 have at least one graduate Islands, Tanzania, Brazil, Australia,degree. Disciplines include business Kenya, India, Iran, Jordan, Southadministration, public health, teaching, Korea, Cameroon, Israel, Costa Rica,divinity, fine arts, public policy,Nicaragua, Japan, South Africa,elementary education, secondary Morocco, Lebanon, China, Hong Kong,education, politics, policy studies, film Trinidad and Tobago, Bangladesh,studies, organic chemistry, economics, Ecuador, Monaco, Kenya, Honduras,English, chemistry, theology, defense Ghana, and Guatemala.UVA <strong>Law</strong>yer • fall • 2008 | 5


<strong>Law</strong><strong>School</strong>NewsRemembering Charles H. Whitebread, 1943–2008CHARLES H. WHITEBREAD, 65,<strong>of</strong> Santa Monica, Calif., andCharlottesville, a nationally respectedlaw pr<strong>of</strong>essor, author, and lecturer inthe law for over 40 years, passed awayfrom lung cancer on September 16 inSanta Monica.After graduating from Yale <strong>Law</strong><strong>School</strong>, Whitebread joined the facultyat the <strong>Law</strong> <strong>School</strong>, where he taughtCharles H. Whitebreadfor 13 years through 1981. He wasawarded the Distinguished Pr<strong>of</strong>essorAward in 1972, and again in 1980.An expert in criminal law andprocedure and an astute observer <strong>of</strong> theSupreme Court <strong>of</strong> the United States, hepublished numerous law review articlesand more than 10 books dealingwith subjects ranging from criminalprocedure to the non-medical use <strong>of</strong>drugs. Beginning in 1982, Whitebreadpublished an annual booklet, RecentDecisions <strong>of</strong> the Supreme Court.Whitebread was also one <strong>of</strong> thefirst law pr<strong>of</strong>essors to concentrateon juvenile law and the need <strong>of</strong> thejuvenile law system to afford the samerights to juveniles accused <strong>of</strong> <strong>of</strong>fensesas afforded to adults.As much as he was a scholar <strong>of</strong> thelaw, Whitebread was also immenselypopular with his students. He tookvery seriously this aspect <strong>of</strong> his work,believing that students deserved tohave inspiring and interesting classesto help them to gain command overthe subject matter. He also dedicatedhimself to helping students to succeedin law school; he wrote a primer, TheEight Secrets <strong>of</strong> Top Exam Performancein <strong>Law</strong> <strong>School</strong>, as a measure <strong>of</strong> thatdedication. For most <strong>of</strong> his career,he was a lecturer for BAR/BRI incriminal law and procedure, and hehelped students successfully study forand manage the anxiety associatedwith their bar exams. He was verycommitted to disseminating hisknowledge <strong>of</strong> law school protocolsand procedures to students, and eachfall he visited over 70 law schools tospeak to students about exam-takingtechniques and general advice abouthow to succeed in law school.Whitebread <strong>of</strong>ten returned toCharlottesville to visit his friends atthe <strong>Law</strong> <strong>School</strong>. On one such occasion,to deliver the commencement addressto the Class <strong>of</strong> 2000, he said “A lawschool will fully succeed only if itsstudents are willing to engage in thedialogue, to be intellectually curious,to be excited by ideas, and genuinelyto believe that it is simply better, as anormative matter, to understand thannot to understand. What a delightto return to my native soil 20 yearslater to find just such students at<strong>Virginia</strong>. My fondest hope is that asthe pressures <strong>of</strong> advancement in thepr<strong>of</strong>ession mount, none <strong>of</strong> you willlose either your willingness, indeedeagerness, to be excited by ideas, orlose sight <strong>of</strong> the ultimate issue <strong>of</strong> anygreat law school: the promotion <strong>of</strong>social justice.”Pr<strong>of</strong>essor Whitebread is survived byhis long-term partner John T. Goldenand their good friend Michael S. Kelly,both <strong>of</strong> Santa Monica, and by his sister,Anne W. Tower, <strong>of</strong> Fredericksburg, Va.,and his brother, Joseph B. Whitebread,Jr. <strong>of</strong> McLean, Va.In honor <strong>of</strong> Pr<strong>of</strong>essor Whitebread,the <strong>Law</strong> <strong>School</strong> will hold “ARemembrance” on December 6, at 4p.m. in Caplin Pavilion. For detailsemail Teri Johnson at tjohnson@virginia.edu.6 | UVA <strong>Law</strong>yer • fall • 2008


<strong>Law</strong><strong>School</strong>News<strong>Law</strong> <strong>School</strong> Partners Up for ChildAdvocacy CasesTHIS SEMESTER SOME <strong>Law</strong><strong>School</strong> students are joiningwith practicing lawyers fromMcGuireWoods to work on childadvocacy cases in the community.The new program is the result<strong>of</strong> a partnership between the <strong>Law</strong><strong>School</strong>, McGuireWoods and theCharlottesville-based JustChildrenprogram, which provides legal servicesto children in need.“The bread-and-butter cases forJustChildren are education cases,” saidKatie Ryan ’92, who is administeringthe program. “This will entail a lot <strong>of</strong>special education work, a lot <strong>of</strong> schooldiscipline work. JustChildren alsohandles some juvenile justice work,so there will be cases in the juvenilejustice world as well.”In the program, participatingstudents either do intake work forpotential JustChildren clients or arepartnered with volunteer lawyers fromMcGuireWoods to work on actualcases.McGuireWoods became involvedwith the program in part because<strong>of</strong> a friendship between TimothyHeaphy ’91, a <strong>Law</strong> <strong>School</strong> lecturerand McGuireWoods lawyer, andJustChildren program director AndyBlock, who also lectures at the school.So far, about 25 McGuireWoodslawyers have volunteered to work with<strong>Law</strong> <strong>School</strong> students on JustChildren,Heaphy said. “Our people love it,”Heaphy said. “I just think that so farit’s <strong>of</strong>f to a really good start.”In addition to providing practicalexperience to law students, thepartnership allows JustChildren toserve children and families who wouldotherwise go unrepresented, Blocksaid. It also gives the organization achance to partner with, “a top rate lawfirm and top rate lawyers like those atMcGuireWoods,” he said.The students who take oncasework do far more than justobserve the McGuireWoods lawyershandling the cases, Heaphy said. “Thegeneral protocol is the student franklydoes most <strong>of</strong> the work,” Heaphy said.“They do most <strong>of</strong> the fact gatheringand analysis. Our people are theremore as guides and chaperones. Thestudents really are the driving force,and they should be.”Third-year Emily Buckley hasalready partnered with anotherstudent and a McGuireWoods lawyerto successfully represent a specialeducation student who had beensuspended and wasn’t getting theservices he required. “We helped himget back in school earlier than hissuspension date, and have worked toimprove his special education servicesat school,” Buckley said.“It was great, I felt like we reallybenefited from working with theMcGuireWoods attorney and withthe knowledge and resource base atJustChildren.”Block said JustChildren wouldlikely not have been able to take onthe case without the partnership, andthat it is an example <strong>of</strong> the programworking exactly as hoped.“It’s important not only becausethe legal team protected the student’slegal rights, which the school systemhad violated, but also because thereKatie Ryan ’92is a lot <strong>of</strong> research that says that thelonger a student is out <strong>of</strong> school, theless likely it is that they’ll be able toreturn and be successful. Their legalwork will give him a much greaterchance to complete his education,”Block said.For students, the program <strong>of</strong>fershands-on experience and builds thesame kind <strong>of</strong> skills that are taught inthe Child Advocacy Clinic, which doessimilar work, Ryan said. Nine studentsare already involved in casework, shesaid.“One <strong>of</strong> the ideas is that it givesstudents who have done the clinic anopportunity to continue to work onthese kinds <strong>of</strong> cases while they are inlaw school,” she said.Buckley, who participated inthe Child Advocacy Clinic in hersecond year, agreed. “I think it’s agreat learning experience outside <strong>of</strong>classroom work and outside the clinicstructure,” she said.UVA <strong>Law</strong>yer • fall • 2008 | 7


<strong>Law</strong><strong>School</strong>NewsJudge Frank Easterbrook“Vanilla ice cream is the best for mostpeople most <strong>of</strong> the time. It is far andaway the most popular flavor. Butnobody thinks that society would bebetter <strong>of</strong>f if every other flavor wereforbidden by federal law.”Sarbanes-Oxley also requiredmuch more extensive auditing byaccountants. The SEC estimated thiswould increase costs by about $91,000per reporting company. The real costs,however, are more like $7.8 millionper company, he said.“Normally you’d be able to expectthe government to get things rightwithin an order <strong>of</strong> magnitude, butthat just wasn’t the case.” In general,small, tightly focused interest groupsare better able to get legislationpushed through than larger groups,he said. But Sarbanes-Oxley doesn’tbenefit investors, corporations or thegovernment, he said.“Ah, but the accounting pr<strong>of</strong>essionand pr<strong>of</strong>essional outside directorsare something else.” The accountingpr<strong>of</strong>ession has learned that it canget benefits at the national level bylobbying for legislation, he said.“The Sarbanes-Oxley Act roughlydoubled the amount corporationspay for accounting services. Doesit surprise you that after multiplescandals reveal that the accountantshaven’t caught the frauds and aren’tdoing very well for investors, thatCongress passes a law that requiresyou to spend twice as much onaccounting? Why buy twice as much<strong>of</strong> a good that has been revealed to be<strong>of</strong> low quality?”Easterbrook said the great irony<strong>of</strong> the Sarbanes-Oxley Act is thatit requires corporations to be setup exactly like Enron, which hadan independent board <strong>of</strong> directorsand extensive outside auditing by afirm that after-the-fact examinationrevealed was more diligent than many<strong>of</strong> its peers.So what is to prevent a new raceto the bottom? Easterbrook said oneanswer lies in the fact these regulationsare not being conducted by, or for thebenefit <strong>of</strong>, managers.“The managers continue to want agood governance system. The questionis, to what extent do the constraintsimposed by federal regulation make itimpossible?”Firms have become much moreadept at removing themselves fromfederal and state regulation, he said.There is also the fact that the worldmarket is more developed than itonce was, and corporations can shopoutside the country for more favorableregulation.“That may mean that if bad corporategovernance pops up in the UnitedStates, it could be good for markets asa whole,” Easterbrook said.UVA <strong>Law</strong>yer • fall • 2008 | 9


<strong>Law</strong><strong>School</strong>News10 | UVA <strong>Law</strong>yer • fall • 2008


<strong>Law</strong><strong>School</strong>Newspower <strong>of</strong> judicial review in the pursuit <strong>of</strong>something that probably was a dream,and in any event is certainly one now.”Richard Bonnie on Baze v. Reesand Kennedy v. LouisianaIn the more than 30 years since thereinstatement <strong>of</strong> the death penalty,Supreme Court decisions on the topichave failed to satisfy anyone, regardless<strong>of</strong> ideological perspective, saidPr<strong>of</strong>essor Richard Bonnie.“I am absolutely confident thatnobody gets any satisfaction out <strong>of</strong>viewing these records or thinkingabout these capital cases,” he said.Instead, the decisions promote“sloppy and highly unsatisfyingjurisprudence,” and have yieldedpredictable divisions, he said.“But having said all that, I don’tthink they had any choice except tomuddle through on this,” Bonnie said<strong>of</strong> the Supreme Court justices. “This isa genuine constitutional problem. TheCourt needed to pay attention to this.”During the 2007–2008 term, theCourt dealt with two prominentdeath penalty cases. One concernedwhether lethal injection violatesconstitutional protection against crueland unusual punishment. The othertackled whether the death penalty canbe expanded to apply to the crime <strong>of</strong>child rape.In the first case, two inmates fromKentucky claimed that lethal injectioncould be cruel and unusual if the first<strong>of</strong> three drugs used to administer thepunishment failed or was incorrectlyadministered. The first drug rendersthe inmate unconscious. The secondparalyzes and the third stops the heart.“The problem here is that there isa risk by the improper administration death penalty, I think, is basically an<strong>of</strong> the first drug. They are paralyzed, albatross for the Supreme Court andand can’t express that they are still has been since 1976,” he said.conscious,” Bonnie said.That decision upheld the idea thatIn a 7-2 decision, the Court“death is different,” Bonnie said, whichrejected this claim and essentially said forced the Court to create a new setthat there is no evidence that such a <strong>of</strong> rules that apply only to the deathsituation has ever occurred, Bonnie penalty. The result is years <strong>of</strong> difficultsaid. “The Court basically upheld the decisions that have yielded very littleprotocol and doesn’t want to deal with progress, he said. “They had no exitthis issue anymore,” he said.strategy to deal with this, and I think areThe most interesting part <strong>of</strong> the essentially trapped in an unsuccessful“They had no exit strategy to deal with this, and I thinkare essentially trapped in an unsuccessful situation, andcontinue to be trapped.”decision, he said, was the admission by situation, and continue to be trapped.”Justice Paul Stevens in his concurrence In general, Bonnie said justicesthat he believes the death penalty tend to drift to more liberal positionsitself would be a violation <strong>of</strong> the 8th on the death penalty, a trend thatAmendment if the decision to reinstate appears to be continuing with Stevens.it were being considered today.He praised the Court for rejectingIn the second recent capital case, the expansion <strong>of</strong> the death penalty tothe Supreme Court decided 5-4 to include child rape.reject the idea that child rape should“This would have opened it up evenbe considered a capital <strong>of</strong>fense.further, when the agenda has got to beThis effectively made certain types to try and contract the death penalty,”<strong>of</strong> murder the only crimes against Bonnie said. “It is a sore in our criminalindividuals that can result in the death justice system, and something needs topenalty, Bonnie said.be done about it.”“The real problem is arbitrariness,”he said. “Each year, there are 5,000rapes per year <strong>of</strong> children under 12. Soif the states are all going to create thedeath penalty for these cases, how doyou decide which to carry out the deathpenalty for?”The Court’s decision seems tosend a signal that the majority believesthe death penalty should be limited,not expanded, Bonnie said. “TheUVA <strong>Law</strong>yer • fall • 2008 | 13


<strong>Law</strong><strong>School</strong>NewsConference Explores Linking Emotions with <strong>Law</strong>By Prashanth ParameswaranRECOGNIZING THE ROLE <strong>of</strong>emotion is critical to a betterunderstanding <strong>of</strong> family law, expertssaid during a conference on law andemotion held in September.“In recognizing the centrality <strong>of</strong>emotion, we can learn not only tocontrol, but also to promote passion,”said Robert Emery, director <strong>of</strong> the<strong>University</strong>’s Center for Children,Families, and the <strong>Law</strong>. The two-dayevent was sponsored by the center, theCollege <strong>of</strong> Arts & Sciences, the <strong>Law</strong><strong>School</strong>, and the <strong>Virginia</strong> Journal <strong>of</strong>Social Policy and the <strong>Law</strong>.Linking emotions with law is afresh theoretical approach in contrastto the conventional wisdom that lawis always dispassionate, Emery saidin his opening remarks. Examining abroader range <strong>of</strong> emotions in familylaw could make legal procedures moretherapeutic and help lawyers realizetheir valuable role as counselors indispute resolution, he added.Kathryn Abrams, a law pr<strong>of</strong>essor atthe <strong>University</strong> <strong>of</strong> California, Berkeley,focused on the obstacles to recognizingthe importance <strong>of</strong> emotion in familylaw. Abrams said the study <strong>of</strong> emotionin family law lagged behind otherlegal fields because the nature <strong>of</strong>resistance to it was very different andmuch stronger. The family is <strong>of</strong>tentreated with more privacy, which maypreclude a full assessment <strong>of</strong> the role<strong>of</strong> emotion, while family law is <strong>of</strong>tenfilled with female lawyers who may beafraid to highlight emotion for fear <strong>of</strong>being stigmatized more so than theyalready are.“Resistance in family law is notRobert Emeryrooted in stubborn objectivity — itis different,” she said. Abrams endedher talk by citing issues that haveimplications for future research,including the importance <strong>of</strong>recognizing emotion within a range<strong>of</strong> different families, challenging theprivacy <strong>of</strong> emotion in family law, andelaborating a different range <strong>of</strong> legalinterventions.Following Abrams’ presentation,UVA psychology pr<strong>of</strong>essor GeraldClore provided a more scientificassessment <strong>of</strong> emotion and thecomplex ways in which it isdemonstrated.Clore conducted an experimentin which he found the subjects to behappier when asked about their “lifesatisfaction” during sunny rather thanrainy days. When the experimentwas repeated and the subjects werefirst asked about the weather andthen separately about their “lifesatisfaction,” they were able to focustheir emotions on their personalexperiences rather than the weather.“What you end up feeling dependson what you focus on,” he said.Similarly, he added that the role <strong>of</strong>the law was to focus emotion towardthe outcomes <strong>of</strong> a case rather thanat individual personalities, since thelatter could lead to blame, anger andother negative feelings.The conference also included threeother paper sessions and one paneldiscussion with attorneys as well aslaw, psychology, and neurosciencepr<strong>of</strong>essors. Emery said the eventwas the first conference to examinefamily law through law and emotionscholarship.“Emotions are the stuff <strong>of</strong> life,”Emery said, adding that the first stepto studying emotion in family law “isrecognizing it.”14 | UVA <strong>Law</strong>yer • fall • 2008


<strong>Law</strong><strong>School</strong>NewsExpert Analyzes the Role <strong>of</strong> States and Cities inImmigration RegulationBy Ashley MatthewsFEDERAL, STATE, AND localgovernments should shareresponsibility for the creation andenforcement <strong>of</strong> immigration law,according to Clare Huntington, anassociate pr<strong>of</strong>essor at the <strong>University</strong> <strong>of</strong>Colorado <strong>Law</strong> <strong>School</strong>.Huntington, who spoke tostudents and faculty about the role<strong>of</strong> states and cities in immigrationregulation, compared immigration lawto other areas where state and localgovernments share authority with thefederal government. The <strong>Law</strong> <strong>School</strong>’sImmigration <strong>Law</strong> Program sponsoredthe event.“In terms <strong>of</strong> environmentallaw and civil rights law, all levels <strong>of</strong>government have some authority andthe question is who gets to exercise itand in which context. Immigrationlaw, at least according to conventionalwisdom, is different. Immigration law,we really set apart,” Huntington said.“The question I ask is whether that’sconstitutionally mandated. Is thatbecause that’s what the Constitutionrequires, or is that simply the waythings are now?”Huntington, a former attorneyadviserfor the Office <strong>of</strong> Legal Counselat the U.S. Department <strong>of</strong> Justice,said the Constitution does not clearlyoutline who has authority overimmigration law — which controlsthe country’s borders — and alienagelaw, which applies to noncitizensinside the U.S.Many argue against local andstate government involvement inimmigration and alienage law, sayingimmigration isclosely tied t<strong>of</strong>oreign affairs,and individualstates could hurtthe United States’relationships withother countries.Huntington arguedagainst that theory,saying otherClare Huntingtoncountries withstrong national governments such asCanada, Germany, and Switzerlandgive sub-national governmentssome immigration and alienage lawauthority. Further, Huntington saidstate and local governments havea much stronger vested interest inimmigration and alienage laws than inforeign affairs.“Unlike foreign affairs, state andlocal governments have a tremendousinterest [in immigration]. It affectsthem both positively and negatively,”she said. “Immigration is hugely tiedsocially, politically, and economicallyto what state and local governmentscare about. Moreover, even in theforeign affairs context, we’ve allowedstate and local governments to havesome role. Perhaps state and socialgovernments can act as long as theissue is <strong>of</strong> state or local concern.”Huntington also said she believesthe Supreme Court decisions <strong>of</strong>tenused to assert that immigration law is afederal matter are not being accuratelyinterpreted. Precedent does not clearlydesignate that immigration andalienage law should only be enactedand enforced nationally, she said.Though many state and local lawsare meant to respond to the perceivednegative impact <strong>of</strong> unauthorizedmigrants, some communitiescreate laws meant to benefit them,Huntington said. Some states <strong>of</strong>ferin-state tuition to their children, andsome municipalities <strong>of</strong>fer identitycards or other benefits.If state and local governmentshave a legal right to create and enforceimmigration and alienage laws intheir own communities, Huntingtonsaid the United States mustconsider whether it has an interestin uniformity, or whether there’svalue to experimentation in certaincommunities.“The baseline is that immigrationis really no different from other areas<strong>of</strong> public law that are shared amonglevels <strong>of</strong> government,” Huntingtonsaid. “The only thing that may bedifferent is the level at which thefederal government has dominated.That’s not to say that’s constitutionallyrequired. It could just be a matter <strong>of</strong>history.”UVA <strong>Law</strong>yer • fall • 2008 | 15


<strong>Law</strong><strong>School</strong>NewsElizabeth NortonChris and Jamie SchoenStudents Work Worldwide With Help From<strong>Law</strong> <strong>School</strong> GrantsBy Ashley MatthewsWHEN FORMER DEAN JohnC. Jeffries, Jr. ’73, spoke to the<strong>Law</strong> <strong>School</strong>’s first-year students in2007, Elizabeth Norton took his wordsto heart.“When someone asked the deanwhat we should do over the summer,he said, ‘I think you should all just gowork on a boat or do something reallydifferent,’” she recalled. “I think hesaid that because it’s sort <strong>of</strong> our lastsummer to do that kind <strong>of</strong> a thing.”While Norton didn’t go work on aboat, she decided to apply for a PublicInterest <strong>Law</strong> Association (PILA) grantand spend her last “free” summerdoing something unusual. As one<strong>of</strong> the 50 first-year law students toreceive a PILA grant to support workin public service over the summer,Norton went to Sierra Leone, whereshe worked for the country’s Anti-Corruption Commission.“The corruption is at all levels,”Norton said. “When you first get to thecountry, the people working in customsask for bribes. Police will pull you overand ask for a bribe. It’s really bad.”Norton spent 10 weeks helpingthe commission perfect and promotethe Anti-Corruption Act <strong>of</strong> 2008,which became law in mid-August, twoweeks after she returned to the UnitedStates. The act strengthens the Anti-Corruption Commission, most notablyby giving it prosecutorial authority,and by creating a new requirement thatpublic <strong>of</strong>ficials declare all <strong>of</strong> their ownand their family members’ assets.While Norton was pleased to helppromote a good cause in Sierra Leone,she also gained important experienceand insight into the challenges thatattorneys face in some countries, whereelectricity, computer access, and <strong>of</strong>ficesupplies such as paper can be scarce.“I learned a lot about corruption,the problems it causes, the damage itcan do, as well as about enforcement,”Norton said. “I really enjoyed workingwith lawyers in Sierra Leone. It’scertainly a different approach thanwhat we learn in law school here.”Freeing Slaves in South AsiaChris and Jamie Schoen used theirPILA grants to travel to South Asiato work for the International JusticeMission, a Washington, D.C.-basedhuman rights agency that securesjustice for victims <strong>of</strong> slavery, sexualexploitation, and other forms <strong>of</strong>violent oppression.16 | UVA <strong>Law</strong>yer • fall • 2008


<strong>Law</strong><strong>School</strong>NewsLeigh MillerThe Schoens, now second-yearlaw students, assisted IJM attorneysand the government in prosecutingforced-labor cases, which <strong>of</strong>ten occurin South Asia after someone takesa small loan and is unable to repay.While the practice <strong>of</strong> issuing a bondwith labor as collateral is illegal in thecountry where the Schoens worked,they said slavery is still rampantbecause slaveholders use fear ormisin<strong>format</strong>ion to oppress workers.“There’s a lot <strong>of</strong> good law on thebooks, but there are a lot <strong>of</strong> legalquestions that made it interesting andexciting,” Chris Schoen said. “It let mesee some <strong>of</strong> the things you can do witha law degree, and it opened my eyes tohow people in much <strong>of</strong> the world haveto live.”Chris Schoen said it was beneficialto learn a new genre <strong>of</strong> law in adifferent legal system. Most <strong>of</strong> all, hesaid, he learned the value <strong>of</strong> poise andpatience as he watched the South Asianattorneys operate in a bureaucraticlegal system where even thetiniest amount <strong>of</strong> progress cantake months and conductingresearch <strong>of</strong>ten involvesdigging through 50-year-oldbooks.Schoen said he alsolearned about the other,equally important side <strong>of</strong>IJM’s work — promotingtheir cause in the UnitedStates and other privilegedcountries. Even if an attorneydoesn’t practice law for IJMacross the globe, he or shecan still make a differenceby helping to raise moneyand awareness, and lobby forprogress.“It’s so much easier to go to workand be excited every day when youknow how important your work is,” hesaid. “The people are so poor and needso much help; it challenged me to domy best to make a difference.”Promoting Women’s Rights inSouth AfricaLeigh Miller, now a second-yearlaw student, used her PILA grant towork for three months at the Women’sLegal Center, a nonpr<strong>of</strong>it in CapeTown, South Africa. The organization’swork focuses on promoting equalityfor South Africa’s women, especiallywomen <strong>of</strong> color, in a country stillrecovering from Apartheid.“The South African constitutionis very progressive and grants thepeople a lot <strong>of</strong> rights and equality,but there is a big gap between thatand how the rights are actuallyimplemented in day-to-day life,” shesaid. “The attorneys I worked withwere all female attorneys, and themajority <strong>of</strong> them were black attorneys,or ‘colored’ as they call it. They werevery passionate about what they werefighting for, and very in tune withwhat was going on in the country andwhere they needed to go.”While Miller was in South Africa,the Women’s Legal Center won animportant case that grants inheritancerights to women in Muslimpolygamist marriages.“One <strong>of</strong> the things that theWomen’s Legal Center accomplished afew years ago was gaining inheritancerights for married, Muslim women,so after spouses died they were ableto inherit, even though during theirlifetime they are not legally recognizedas spouses,” Miller said. “What [theWomen’s Legal Center] recently didwas gain the same inheritance rightsfor the second or third wife.”While she was there, Miller wrotea commentary on South Africa’srecently passed Sexual Offenses Act,and completed smaller projects forindividual attorneys. For one, sheresearched Zulu wedding ceremoniesin order to determine the exactmoment at which the marriagebecomes <strong>of</strong>ficial.Miller said the attorneys sheworked with were inspirationalbecause <strong>of</strong> their passion and ability toinnovatively interpret the country’sconstitution to help heal the woundsleft by Apartheid.“South Africa has such a uniquehistory and current political andsocial situation that it was really anideal time to go. They’re in such atime <strong>of</strong> transition and change andhealing that it felt like I was reallyin a position to make a differencewith pretty substantial impacts andaccomplishments,” Miller said.UVA <strong>Law</strong>yer • fall • 2008 | 17


<strong>Law</strong><strong>School</strong>NewsFinchem Urges Graduates to Follow Their PassionsBy Mary WoodMEMBERS OF THE Class <strong>of</strong> 2008 should bepassionate about what they do in life, PGA TourCommissioner Timothy W. Finchem ’73 said during a soggycommencement in Memorial Gymnasium on May 18.“You have, as a class and as individuals, great capability.You have the tools. Given the focus that I’ve already noticedyou have on philanthropy, and the pro bono commitmentthat you’ve made during your law school years, I know youhave the passion,” Finchem said. “You can, and I believe will,make a difference.”In 1994, Finchem became the third commissioner<strong>of</strong> the PGA Tour. He previously served as an attorney in<strong>Virginia</strong> Beach and was deputy advisor to President JimmyCarter in the Office <strong>of</strong> Economic Affairs.“Golf, as a game, is challenging,” Finchem said. “Itteaches you humility; it teaches you the core values <strong>of</strong>integrity and honesty; it teaches you to set goals. It is acompelling life-long game, and like life, you never stoplearning.” Being a lawyer means you have the ability tothink, analyze, and discover solutions, which is helpful inevery step <strong>of</strong> your career, Finchem said.“If you don’t have passion for what you do, you cannotmaximize what you want to do, you can’t reach l<strong>of</strong>ty goals,”he said. “If you make a decision and you find that you’renot passionate, move on. “The reason for Tiger Woods’extraordinary success is his passion for the game <strong>of</strong> golf.”Finchem urged the audience to “seek consensus in decisionsthat you make, but don’t wait for everybody to agree withyou.” Also, “don’t take yourself too seriously,” Finchem said.“If you have an ego, check it at the door.”Recalling that energy policy was a leading issue evenwhen he served in the Carter Administration, Finchemurged graduates to become involved in some <strong>of</strong> the bigissues facing the country. Finchem said that PGA Tourtournaments are run by charitable organizations, which“makes us unique in the world <strong>of</strong> sports.”One <strong>of</strong> the Tour’s primary missions is to raise moneyfor charity. “We are dedicated to generating charitablebenefits for the communities where we play,” he said. It tookthe PGA Tour 67 years to reach its first billion dollars incharitable giving, Finchem said, and he hopes to reach itssecond billion in just eight years. He also aims to get childrenwho historically haven’t had access to golf, whether forgeographic or socioeconomic reasons, to play. “We want tochange the face <strong>of</strong> golf — we want the sport to look like therest <strong>of</strong> the country, and we want to do it in this generation.”18 | UVA <strong>Law</strong>yer • fall • 2008


<strong>Law</strong><strong>School</strong>NewsGRADUATION AWARD RECIPIENTSMargaret G. Hyde AwardJames C. Slaughter Honor AwardThomas Marshall Miller PrizeZ Society Shannon Award<strong>Law</strong> <strong>School</strong> Alumni AssociationBest Note AwardRobert E. Goldsten Award forDistinction in the ClassroomKatherine Ireland TwomeyRay Daniel McKenzieRebecca Lynn MrozKatherine Ireland TwomeyKatherine Ireland TwomeyAlicia Nicole Ellington RogerRoger and Madeleine Traynor Prize Liam James MontgomeryKelly Elizabeth PhippsHerbert Kramer/Herbert BangelCommunity Service AwardElizabeth Carolyn CoeMortimer CaplinPublic Service AwardMatthew Taylor VanWormerEdwin S. Cohen Tax PrizeJordan Kyle FieldRebecca Solomon BrownFollowing Finchem’s remarks, 403 J.D. graduates and38 LL.M. graduates received diplomas from Dean John C.Jeffries Jr., ’73 in his final commencement as dean. Jeffriesstepped down in July and will return to teaching after ayearlong sabbatical. “In 32 years I have not seen your equal,”said Jeffries, who has taught at the <strong>Law</strong> <strong>School</strong> since 1975.“I hope you will not mind accepting me just for todayas a member <strong>of</strong> your class. I am proud to leave in yourcompany.”Earle K. Shawe LaborRelations AwardJohn M. Olin Prize in<strong>Law</strong> and EconomicsEppa Hunton IV MemorialBook Award<strong>Virginia</strong> Trial <strong>Law</strong>yersTrial Advocacy Award<strong>Virginia</strong> State Bar Family<strong>Law</strong> Book AwardTimothy Francis KennedyTimothy Francis KennedyMeghan Kathleen CaseyLiam James MontgomeryMichelle Lee HarrisMatthew Taylor VanWormerStephen Pierre Traynor AwardRebecca Lynn MrozDaniel Rosenbloom AwardDonald BurkeAlicia Nicole EllingtonChristopher Michael HammerUVA <strong>Law</strong>yer • fall • 2008 | 19


<strong>Law</strong><strong>School</strong>NewsClerkships for the 2008-2009 Term *Kenneth Winn AllenThe Honorable James S. SuttonU.S. Court <strong>of</strong> Appeals for the Sixth CircuitIan AtkinsonThe Honorable Sarah S. VanceU.S. District Court, Eastern District <strong>of</strong>LouisianaJen Attrep ‘06The Honorable Richard J. LeonU.S. District Court, District <strong>of</strong> ColumbiaLocke BeattyThe Honorable Louise W. Flanagan ’88U.S. District Court, Eastern District <strong>of</strong>North CarolinaJames Matthew BelgerThe Honorable William B. Chandler, IIIDelaware Court <strong>of</strong> ChanceryJeffrey BenderThe Honorable Robert R. Beezer ’56U.S. Court <strong>of</strong> Appeals for the Ninth CircuitSarah BettsThe Honorable Raymond A. Jackson ’73U.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>William BushmanThe Honorable Robert G. Doumar ’53,LL.M. ’88U.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Elizabeth CanterThe Honorable M. Blane MichaelU.S. Court <strong>of</strong> Appeals for the Fourth CircuitMeghan CaseyThe Honorable J. Frederick Motz ’67U.S. District Court, District <strong>of</strong> MarylandJohn CooperThe Honorable Boyce F. Martin, Jr., ’63U.S. Court <strong>of</strong> Appeals for the Sixth CircuitNikki EllingtonThe Honorable T.S. Ellis IIIU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Laura FairnenyThe Honorable Legrome D. DavisU.S. District Court, Eastern District <strong>of</strong>PennsylvaniaRyan FaulconerThe Honorable T.S. Ellis IIIU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Millie GrinsteadThe Honorable W. Keith WatkinsU.S. District Court, Middle District <strong>of</strong> AlabamaKristin HallThe Honorable Benson Everett Legg ’73U.S. District Court, District <strong>of</strong> MarylandChris HammerThe Honorable Robert YoungMichigan Supreme CourtGrayson HolmesThe Honorable Stanley F. Birch, Jr.U.S. Court <strong>of</strong> Appeals for the Eleventh CircuitBill HughesThe Honorable I. Leo GlasserU.S. District Court, Eastern District <strong>of</strong>New YorkDevin HusebyThe Honorable Ancer HaggertyU.S. District Court, District <strong>of</strong> OregonTim Johnson ’06The Honorable I. Leo GlasserU.S. District Court, Eastern District <strong>of</strong>New YorkLincoln Bisbee ’07The Honorable Benson E. Legg ’73U.S. District Court, District <strong>of</strong> MarylandAndrew BosseThe Honorable James C. CacherisU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Katie BurkeThe Honorable Beverly B. MartinU.S. District Court, Northern District <strong>of</strong>GeorgiaNeely Fedde ’02The Honorable Kathryn H. VratilU.S. District Court, District <strong>of</strong> KansasMatt FitzgeraldThe Honorable Edward CarnesU.S. Court <strong>of</strong> Appeals for the Eleventh CircuitGabe Galletti ’04The Honorable Peter G. SheridanU.S. District Court, District <strong>of</strong> New JerseyMatthew Gessessee ’07The Honorable Patricia SeitzU.S. District Court, Southern District <strong>of</strong> FloridaJonathan LaskenThe Honorable William T. Moore, Jr., LL.M. ’01U.S. District Court, Southern District <strong>of</strong>GeorgiaMark LentzThe Honorable Andrew J. KleinfeldU.S. Court <strong>of</strong> Appeals for the Ninth CircuitLaura ManionThe Honorable Lynn Nettleton HughesLL.M. ’92U.S. District Court, Southern District <strong>of</strong> Texas*All are members <strong>of</strong> the Class <strong>of</strong> 2008 unless otherwise noted.20 | UVA <strong>Law</strong>yer • fall • 2008


<strong>Law</strong><strong>School</strong>NewsLaura McCreadyThe Honorable Louise W. Flanagan ’88U.S. District Court, Eastern District <strong>of</strong>North CarolinaRay McKenzieThe Honorable James SpencerU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Rebecca MerrittThe Honorable William H. Pryor Jr.U.S. Court <strong>of</strong> Appeals for the Eleventh CircuitLiam MontgomeryThe Honorable Diana Gribbon Motz ’68U.S. Court <strong>of</strong> Appeals for the Fourth CircuitDerek Moore ’06The Honorable Douglas H. GinsburgU.S. Court <strong>of</strong> Appeals for the District <strong>of</strong>Columbia CircuitDavid MrozThe Honorable Liam O’GradyU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Sinead O’DohertyThe Honorable Richard Williams ’51U.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Charles ParadisThe Honorable John HeyburnU.S. District Court, Western District <strong>of</strong>KentuckyJames ParkerThe Honorable Leslie SouthwickU.S. Court <strong>of</strong> Appeals for the Fifth CircuitKelly PhippsThe Honorable James G. CarrU.S. District Court, Northern District <strong>of</strong> OhioTom PietroThe Honorable Yvette KaneU.S. District Court, Middle District <strong>of</strong>PennsylvaniaBrian RabbittThe Honorable Henry HudsonU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Katie SchleeterThe Honorable Rebecca Beach SmithU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Coleen SchochThe Honorable James C. CacherisU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Ben SegarraThe Honorable William CassadyU.S. District Court, Southern District <strong>of</strong>AlabamaDan SheanThe Honorable Norman K. Moon ’62,LL.M. ’88U.S. District Court, Western District <strong>of</strong> <strong>Virginia</strong>Natalie ShonkaThe Honorable Stefan UnderhillU.S. District Court, District <strong>of</strong> ConnecticutPrisca ShrewsburyThe Honorable John RogersU.S. Court <strong>of</strong> Appeals for the Sixth CircuitLucien SmithThe Honorable Rhesa H. BarksdaleU.S. Count <strong>of</strong> Appeals for the Fifth CircuitSelina SpinosThe Honorable Rebecca Beach SmithU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Tim St. GeorgeThe Honorable Robert E. PayneU.S. District Court, Eastern District <strong>of</strong> <strong>Virginia</strong>Kate Stanley ’06The Honorable Paul S. DiamondU.S. District Court, Eastern District <strong>of</strong>PennsylvaniaJustin TorresThe Honorable Kurt D. EngelhardtU.S. District Court, Eastern District <strong>of</strong>LouisianaKatherine TwomeyJ. Harvie Wilkinson III ’72U.S. Court <strong>of</strong> Appeals for the Fourth CircuitJesse UnkenholtzThe Honorable R. David ProctorU.S. District Court, Northern District <strong>of</strong>AlabamaKyle WallaceThe Honorable Rhesa H. BarksdaleU.S. Court <strong>of</strong> Appeals for the Fifth CircuitTerence Woodsome ’05The Honorable Jeremy D. FogelU.S. District Court, Northern District <strong>of</strong>CaliforniaStephanie WrightThe Honorable William D. Quarles, Jr.U.S. District Court, District <strong>of</strong> MarylandChristopher Yeung ’07The Honorable D. Brooks SmithU.S. Court <strong>of</strong> Appeals for the Third CircuitSupreme Court <strong>of</strong> theUnited StatesPorter Wilkinson ’07The Honorable John G. Roberts, JrUVA <strong>Law</strong>yer • fall • 2008 | 21


An Interview withPAUL MAHONEYAS A SCHOLAR, Paul Mahoney has beenpublished in leading journals <strong>of</strong> law, finance,accounting, and economics, demonstratinga range <strong>of</strong> output and intellectual interestthat makes him one <strong>of</strong> the leading academics<strong>of</strong> his generation. And so he begins his deanship with theadmiration <strong>of</strong> the faculty and the legal academy and anappreciation <strong>of</strong> the challenges that face <strong>Virginia</strong>. Competitionfor the finest students and pr<strong>of</strong>essors is fierce and unabating.Mahoney sees <strong>Virginia</strong> as the ideal in legal education andintends to promote its hallmarks — serious scholarship,teaching excellence, and the quality <strong>of</strong> the student experience— to support that claim. Mahoney is committed to bridgingwhat is unique about <strong>Virginia</strong> – its culture and humanity,the civility and public-mindedness <strong>of</strong> its graduates — withits proper place as a leader among law schools. The <strong>Virginia</strong>example, in Mahoney’s opinion, should influence legaleducation everywhere. He makes that case in the interviewthat follows.UVAL: You first arrived here in 1990, and aside from a fewvisiting pr<strong>of</strong>essorships and some work in the developing world,you’ve never left.PM: That’s right. This has been my home for my entireacademic career. The thing that most attracted me to<strong>Virginia</strong> was the sense <strong>of</strong> collegiality and common purposeamong the faculty. This is not a place in which people feelthat in order to disagree with someone, you must makean enemy <strong>of</strong> that person. People here can disagree quitepassionately about things but still remain friends. I thinkthat is an under-appreciated skill.The other thing that attracted me was the immensesense <strong>of</strong> intellectual seriousness here. One easy way tomeasure that is to compare how <strong>of</strong>ten the faculty are here inthe building talking to one another in comparison to a lot<strong>of</strong> other law schools.And then, <strong>of</strong> course, there’s the fact that the students arehappy, which is simply wonderful. Without naming names,I’ve been to law schools in which the students are told bytheir peers the day they arrive “you’re going to be miserablehere and the objective is to survive it.” And, <strong>of</strong> course, theybelieve and react to that and it becomes self-fulfilling. Hereincoming students hear from their peers “you’re going tolove it here, you’re going to have a great time and you’ll behappy” — and they are.22 | UVA <strong>Law</strong>yer • fall • 2008


DEAN PAUL MAHONEYUVAL: What do you think accounts for that?PM: I don’t have a very good theory about that. Onething I do know from my academic work is that thereare many things in life where if you’re in a particularequilibrium — whether good or bad — it’s relatively easy tostay there. What’s hard is to move from one to another, soI’m glad that we are in a very good place when it comes tothe student experience.UVAL: What can you do as dean to keep it going?PM: The main thing I can do is always remind thefaculty <strong>of</strong> what I love about this institution, which is thatteaching and the student experience come first. We arevery focused on quality teaching. After all, the students arehere to get an education first and foremost. They reallyappreciate the fact that the faculty are trying hard to deliverthe best educational experience. It’s easier to be happy whenyou think that the people who are running the <strong>Law</strong> <strong>School</strong>and the people who are teaching in the <strong>Law</strong> <strong>School</strong> haveyour best interests at heart.UVAL: The admissions process in every law school hasbecome more systematic and, some might say, impersonal. Isthat an issue for admitted students when deciding between<strong>Virginia</strong> and another top law school?PM: Well, the good news is that because <strong>of</strong> the size<strong>of</strong> the investment that students make in their legaleducation — and I’m not, <strong>of</strong> course, just talking abouttuition; I’m also talking about giving up three years <strong>of</strong>potential earnings while they attend law school — studentstake their decision very, very seriously. That means thatmost <strong>of</strong> them, once they’ve made an initial winnowing <strong>of</strong>their list, will try to spend some time at the different lawschools. If we can get an applicant here to the <strong>Law</strong> Grounds,we’ve got a very good chance <strong>of</strong> convincing that student tocome to <strong>Virginia</strong> because they immediately see all <strong>of</strong> thespecial things that I’ve just talked about. I think we showvery well in comparison to most schools.UVAL: You have cited faculty free-agency as the mostimportant challenge to the <strong>Law</strong> <strong>School</strong>. How does that affectthe legal academy and how does it affect students?UVAL: What are the “crown jewels” <strong>of</strong> the <strong>Law</strong> <strong>School</strong>?PM: I think the <strong>Law</strong> <strong>School</strong> has several crown jewels:the student culture, the faculty culture, and the physicalenvironment. This is a lovely place. We’re in a wonderfulsmall town, one <strong>of</strong> the nicest places to live I’ve ever seen. Wehave an attractive building that still amazes those <strong>of</strong> us whoremember the old Withers-Brown Hall. Our faculty is justmagnificent. They’re very student-focused, but at the sametime they’re exceptional researchers.The faculty is also extremely analytical in its scholarship.They are really looking for the truth, if that doesn’t soundtoo trite, as opposed to just getting up on a soap box andpreaching.PM: Faculty movement makes it harder to maintainthe special culture <strong>of</strong> your institution. I said just a momentago that once you’re in an equilibrium, it’s easier to staythere than to move from one to another. That is in part afunction <strong>of</strong> what in game theory we call “repeat play,” whichis that you’ve got the same people interacting with oneanother time and again. When that premise is no longertrue and you’ve got new people all the time interacting withone another, then it becomes much harder to maintainwhatever it is that defines your institution. The higher yourrate <strong>of</strong> turnover, the more effort the dean and other facultyleaders have to make to assure that all <strong>of</strong> the special aspects<strong>of</strong> our culture — the collegiality, the sense <strong>of</strong> intellectualseriousness and purpose, the rigor <strong>of</strong> the scholarlyenterprise — all remain intact.From a financial standpoint, schools try to attract otherschools’ pr<strong>of</strong>essors by <strong>of</strong>fering them more money just theway any other business would. I don’t think that makes usdifferent from any other part <strong>of</strong> the economy. That’s just theway you compete to get the people you want. That certainlyused to be less true but all law schools have to adapt to itand we’re certainly adapting to it as well.24 | UVA <strong>Law</strong>yer • fall • 2008


DEAN PAUL MAHONEYUVAL: How do we identify new talent?PM: We are constantly on the lookout for newscholarship that looks interesting and exciting. We pay a lot<strong>of</strong> attention to what our peers at other schools are doing intheir scholarly work. And, <strong>of</strong> course, we make sure beforewe hire someone that they are going to embrace the factthat excellent teaching and collegiality matter a lot here.On the entry level, I’ll just repeat a boast that I <strong>of</strong>tenmake: we are the best talent spotters in the business. Wework incredibly hard during the entry-level hiring seasonto identify young people who have the potential to befirst-rate scholars and effective teachers. We bring them into give a job talk. We have them meet with our students andtake seriously the student reaction. We are willing to take acertain amount <strong>of</strong> risk with people who might have slightlyless gaudy resumes but in talking to them and readingtheir scholarship we can say, “Hey, this person seems prettyinteresting.”UVAL: Do we stress these entry-level hires more than othertop law schools?UVAL: How about the students?PM: I think it has less impact on students. They’re herefor only three years at a time, so they don’t see as much <strong>of</strong>the turnover over the long run as we do. It is important torealize that we’re constantly bringing in fantastic teachers.The new people that we hire are really wonderful teachersthemselves and so we’ve been able to maintain our studentfocusedculture in the face <strong>of</strong> increased turnover. Thatmeans the turnover has less <strong>of</strong> an impact on the students.Now, having said that, in modern law school life thereare blogs and other online resources that pay tremendousattention to all <strong>of</strong> these moves. That can create some anxietyamong the students, not because it has a direct impact ontheir education but because they fear it’s going to affectthe long-run reputation <strong>of</strong> the school. Fortunately, I thinkthat we’ve been able to get the message out to them thatwe’re not the only people affected by this constant movingaround <strong>of</strong> pr<strong>of</strong>essors. It’s happening all over the country.We’re constantly bringing in first-rate people so it’s notsomething that concerns us nor is it something the studentsneed to be concerned about.PM: If you look at the very top law schools, they tendto rely a little bit more on lateral hiring versus entry-levelhiring. We tend to get more <strong>of</strong> our faculty on the entry level,so we put a lot <strong>of</strong> effort into the entry-level hiring process.UVAL: Can you tell us a little bit about our new HarrisonPr<strong>of</strong>essor, Fred Schauer, who was formerly the AcademicDean and Acting Dean <strong>of</strong> Harvard’s Kennedy <strong>School</strong> <strong>of</strong>Government?PM: Fred Schauer is one <strong>of</strong> the most impressivescholars I’ve ever met. His work both on free expressionand jurisprudence have been absolutely path breakingand have made him one <strong>of</strong> the nation’s most influentiallegal theorists, so I am extremely excited that we wereable to recruit him. That’s particularly true because he’sa wonderful colleague. He’s very engaged. He likes to talkabout his work. He likes to talk about other people’s work.He likes to talk about ideas, so he just fits perfectly with thisfaculty.UVA <strong>Law</strong>yer • fall • 2008 | 25


DEAN PAUL MAHONEYUVAL: Let’s change gears and talk about the effect <strong>of</strong>financial self-sufficiency. It has been a boon to the <strong>Law</strong> <strong>School</strong>,but it has also elevated tuition. Can you explain the reason forthe rise?PM: I think the best explanation is that we areresponding to what our customers want. If you try tocompete in the top tier <strong>of</strong> legal education by <strong>of</strong>fering forless money a lower quality product — a less impressivefaculty, a smaller selection <strong>of</strong> courses, lower quality courses— you’re going to lose out every single time to schoolsthat <strong>of</strong>fer a higher standard <strong>of</strong> service for more money.We have to be careful, <strong>of</strong> course, because preferences canalways change and if they do, we’ll react to that. But if youare providing a service, ultimately, you have to take yourcue from the buyers about what service they want and whatthey’re willing to pay for it. What you discover is that thetype <strong>of</strong> student we want to attract is more sensitive to thequality <strong>of</strong> what they’re getting than they are to the price.UVAL: And we try to ease the cost by <strong>of</strong>fering after-thefactloan forgiveness and before-the-fact scholarship money.PM: Exactly so. I have one overriding goal, which is thatno one ever calls us up and says “I want to go to <strong>Virginia</strong>,but I just can’t afford it.” For now, we have solved thatproblem. I don’t think we’re losing people because we can’tprovide enough financial aid for them to be able to affordto come.The next step is to put yourself in a position where astudent choosing between us and another law school ischoosing based on where they want to go rather than who is<strong>of</strong>fering them more financial aid. That’s a more complicatedproblem to solve.But I think it’s important to recognize that because<strong>of</strong> the <strong>Virginia</strong> Loan Forgiveness Program, studentswho go into public service or into private practice in theunderserved areas <strong>of</strong> the Commonwealth are able to havea significant amount <strong>of</strong> their educational debt forgiven. Ofcourse, for the students who end up in private practice inbig city law firms, the burden <strong>of</strong> that student indebtednessis quite bearable.UVAL: The top private law schools have had decades tobuild their endowments. We got started later and are playingcatch-up. Until we do, how do we compete — you haveused the term “punch above our weight — as we grow ourendowment base?PM: We punch above our weight by taking maximumadvantage <strong>of</strong> our competitive strengths — particularlythe student culture and the fact that our graduates are invery high demand. We can tell students that if you cometo <strong>Virginia</strong>, your job opportunities are every bit as good asthey would be at any other law school and you’re going toenjoy the experience on top <strong>of</strong> it. That’s a pretty attractivepackage right there.Our graduates are in incredibly high demand inthe marketplace because we produce, and always haveproduced, a different kind <strong>of</strong> lawyer — a lawyer who is ableto work in teams and represent clients effectively yet remaincivil and not succumb to the temptation to use scorchedearthtactics. Our graduates come out not just with legalskills but with interpersonal and leadership skills that makethem able to punch above their weight in their careers. Addthe fact that they’re actually going to enjoy themselves here26 | UVA <strong>Law</strong>yer • fall • 2008


DEAN PAUL MAHONEYand that means that we’re able to attract students even incompetition with schools that are better funded than we are.On the faculty side, our competitive success turnson two important factors: one is simply our ability tospot talent. If we’re the only people who figure out thata particular person is going to be really great, then we’regoing to get that person. The other advantage is that thisis a wonderful place for faculty. People tend to thrivehere—it’s amazing to think <strong>of</strong> all the highly influentialscholarship that’s been produced in this building during thetime I’ve been here. And that takes place in a very pleasantatmosphere. The pr<strong>of</strong>essors are happy. The students arehappy. For a lot <strong>of</strong> people, that’s hugely attractive.We are able to sustain that scholarly influence because <strong>of</strong>the sense <strong>of</strong> intellectual purpose that I spoke about earlier.People are excited about their research here. They’re talkingto one another about their research. There’s a real synergythat we’ve built up in scholarship on the faculty that makeseach <strong>of</strong> us more effective than we would be if we were just<strong>of</strong>f on our own somewhere.UVAL: It’s almost a flywheel effect: a place known forcollegiality and intellectual excellence attracting that type <strong>of</strong>student and faculty.PM: There’s a definite self-selection here. I think it ispretty well understood out there in the world that if youvalue collegiality, civility, balance between work and familyand friends, that this is a much better place to be a lawstudent or pr<strong>of</strong>essor than most other law schools.UVAL: You plan to replicate the contextual approach usedby the <strong>Law</strong> & Business Program in a new program devoted topublic interest law.PM: Yes. Three things really define our <strong>Law</strong> & BusinessProgram. First, we give the students a lot <strong>of</strong> in<strong>format</strong>ionabout context — how do business problems arise in the realworld, what’s the vocabulary in which they’re expressed,and what is the lawyer’s role in helping to solve thoseproblems. Second, we try to provide students with a sense<strong>of</strong> progression after the first year, instead <strong>of</strong> the typical freefor-allwhen students just take courses that interest them.Instead, we’re trying to give them a sense <strong>of</strong> sequencingand progression from one course to another. And, third, weexpose them to people who have been in business, who’vebeen out in the real world and who can help make thatcontext very real for them.I think those three things are transferable to other areas<strong>of</strong> the curriculum. Public service seems to me one in whichwe can more carefully integrate all <strong>of</strong> the pieces because wehave a lot <strong>of</strong> wonderful things going on at the <strong>Law</strong> <strong>School</strong>.They are perhaps a bit more diffuse and we can betterintegrate them and try to give the students a better sense <strong>of</strong>context, a better sense <strong>of</strong> sequencing, and expose them evenmore to the people who make a difference in the real world.UVAL: By what criteria will you measure the success <strong>of</strong>your first term?PM: I would measure it by the quality <strong>of</strong> the studentsthat we’re attracting, the quality <strong>of</strong> the faculty that we’reattracting, and the influence and productivity <strong>of</strong> our facultyon the scholarly side. We care a lot about placement success.We care a lot about student quality. We care a lot aboutwhat employers think about our students. We care aboutwhat our peers think about the quality <strong>of</strong> the scholarshipour faculty produces. Now, you can argue and manyhave, so I don’t need to rehash it, that the way U.S. Newsmeasures those things doesn’t make a lot <strong>of</strong> sense, but that’sdifferent from saying that those are irrelevant things. Thosethings matter and I want to make sure that we’re doing wellin all <strong>of</strong> those areas.UVAL: Financial self-sufficiency is something you continueto talk about. Even though John Jeffries did it for a number <strong>of</strong>years, it still needs to be restated from time to time.PM: One <strong>of</strong> the things that surprised me in my firstmonth and a half as dean is that I can run into alumni,talk to them about the <strong>Law</strong> <strong>School</strong>, and discover thatfinancial self-sufficiency is still news to them. It’s quiteclear that that’s something that I’ll be talking about duringmy deanship, just as John spoke about it during his. Insome sense, that’s not surprising. The notion that weare a public law school that receives no state support isnon-intuitive, but it’s very real. I’ll keep talking about iteverywhere I go because it’s an important part <strong>of</strong> our storyand our future.UVA <strong>Law</strong>yer • fall • 2008 | 27


Mahoney Taps Ryan ’92to Lead Public Interest<strong>Law</strong> ProgramCourse structure to be modeled after successful<strong>Law</strong> & Business ProgramCullen Couch28 | UVA <strong>Law</strong>yer • fall • 2008


IN ONE OF his first strategic moves as the <strong>Law</strong> <strong>School</strong>’s new dean, Paul Mahoneyhas charged academic associate dean Jim Ryan ’92 with creating a new program inpublic interest law. Mahoney envisions a program with a curricular structure like the<strong>Law</strong> & Business Program, which takes students all the way from foundational classesin finance and accounting to high-level seminars in M&A and private equity. “Jimcomes to this with tremendous credibility,” said Mahoney, “because he is not only passionatelycommitted to public interest, but he’s a first-rate legal scholar and teacher who will haveimmediate credibility with our students. He also has very good contacts with people in thepublic interest world. I see him doing some <strong>of</strong> what I did at the very outset <strong>of</strong> the <strong>Law</strong> &Business Program.”Ryan, who once clerked for the late Chief Justice William H. Rehnquist, is the William L.Matheson & Robert M. Morgenthau Distinguished Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong> and Joseph C. Carter, Jr.Research Pr<strong>of</strong>essor. He joined the faculty in 1998 and has earned a national reputation for hisscholarship on public education finance, desegregation, and school choice, and has developeda course that extends his research into the classroom titled, “<strong>School</strong>s, Race, and Money.” Beforejoining the faculty, Ryan spent two years in a public interest fellowship at a law firm in NewJersey, working solely on pro bono cases.Third-year Phil Storey (far left) and the Rivas family from El Salvador. Storey and the <strong>Law</strong> <strong>School</strong>’s ImmigrationClinic helped Gabriel Rivas (third from left) become a naturalized U.S. citizen. Storey realized, “I can help peoplelike them, delivering legal services to those who need it but can’t afford it.” The Immigration Clinic is just onepart <strong>of</strong> the <strong>Law</strong> <strong>School</strong>’s public service curriculum.UVA <strong>Law</strong>yer • fall • 2008 | 29


PUBLIC INTEREST LAW<strong>Law</strong> <strong>School</strong> Launches Innocence ProjectBy Mary WoodTHE MURDERER HAD worn a darkhooded sweatshirt. So during the trialwhen prosecutors showed an eyewitnessa photo lineup <strong>of</strong> six men and asked ifany was the perpetrator, they took careto conceal any trace <strong>of</strong> clothing in thephotographs.But the witness had already seenthe photos during an interview withpolice, when the defendant was “the onlyperson you can see clearly wearing thedark hooded sweatshirt in the line-up,”said Jen Goodlatte, a third-year studentparticipating in the Innocence Project atthe <strong>University</strong> <strong>of</strong> <strong>Virginia</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>.Goodlatte’s recent discovery is thekind <strong>of</strong> revelation students in the clinichope to use to exonerate innocent peopleconvicted in <strong>Virginia</strong>, many <strong>of</strong> whom arevictims <strong>of</strong> poor lawyering or discreditedpolice techniques. Launched in June, theclinic is part <strong>of</strong> the Innocence Network,an international affiliation <strong>of</strong> organizationsdedicated to overturning wrongfulconvictions. The Innocence Project, anational organization started by lawyersBarry Scheck and Peter Neufeld, is afounding member <strong>of</strong> the network.“The Innocence Project at UVA <strong>School</strong><strong>of</strong> <strong>Law</strong> will bring critical expertise andresources to investigating wrongfulconviction cases,” Neufeld said. “Weknow that innocent people are convictedand spend years or decades in prison in<strong>Virginia</strong>, and this clinic will help exoneratemore <strong>of</strong> them.”Led by Deirdre Enright ’92, anexperienced capital post-conviction lawyer,the clinic includes 12 students each year andwill soon employ a full-time investigator tohelp collect evidence for appeals.Unlike the Innocence Project, the <strong>Virginia</strong>clinic will consider cases without DNADeirdre Enright ’92 and clinic studentsevidence. Many <strong>of</strong> the <strong>Virginia</strong> clinic’s casesare referred from the Innocence Project andthe Mid-Atlantic Innocence Project.“This is sort <strong>of</strong> the dream class if you’rea law student because it involves greatissues for research that are topical — DNA,new techniques in DNA, new testing,eyewitness ID, jailhouse informants, poorlawyering, poor prosecuting — it’s all thesegreat cutting-edge issues,” Enright said.Enright represented death row inmatesin Mississippi and Richmond beforestarting the <strong>Virginia</strong> Capital ResourceCenter’s <strong>of</strong>fice in Charlottesville withher husband, Capital Post-ConvictionClinic instructor Rob Lee. As a practicinglawyer, Enright may be best known forrepresenting Darrell Rice, who was accused<strong>of</strong> a pair <strong>of</strong> murders in ShenandoahNational Park and also, briefly, <strong>of</strong> beingthe Route 29 stalker. He was indicted inthe national park murders but the chargeswere dismissed.Students in the six-credit clinic, many<strong>of</strong> whom have experience with innocencecases, are each examining a potential caseand the clinic will eventually focus on aselect few. Over the year students willinterview prison inmates and ex-inmatesand help gather evidence to make a casefor exoneration.Third-year law student James Cassresearched cases in which DNA evidencecleared inmates last year for <strong>Law</strong> <strong>School</strong>Pr<strong>of</strong>essor Brandon Garrett, which triggeredhis interest in the clinic. “I wanted to dowhat I could to get involved so we could getinnocent people out <strong>of</strong> prison,” Cass said.Students have been dismayed to learn<strong>of</strong> the lack <strong>of</strong> support for court-appointedattorneys. Though there are now publicdefenders’ <strong>of</strong>fices in some larger cities in<strong>Virginia</strong>, court-appointed attorneys arestill paid only $390 per felony if it carriesa possible sentence <strong>of</strong> 20 years or more.There is no cap on death penalty cases.“Even after we raised our fees for caseswe still remain among the lowest-paidcriminal defense lawyers in the UnitedStates,” Enright said.Third-year law student Dennis Barrettrecalled reading a trial transcript from30 | UVA <strong>Law</strong>yer • fall • 2008


PUBLIC INTEREST LAWone <strong>of</strong> the cases the clinic students areconsidering.“I kept reading through the courttranscript thinking there’s got to besomething more, and then it just ends.How has this guy been in prison for 15years based on one shady witness?” Barrettsaid. “If the general public saw some <strong>of</strong> thefacts behind these cases they would justbe aghast.”Eyewitness misidentification hasbeen a factor in more than 75 percent <strong>of</strong>wrongful convictions overturned withDNA testing, according to the InnocenceProject.“Eyewitnesses are really unreliable,particularly if they are frightened at the time<strong>of</strong> the event and when they’re making theiridentification,” Enright said. “And yet they’rethe most believable to jurors.”Enright herself decided to becomea lawyer after working with a law firm inWashington, D.C., on a death row casein which her efforts helped exonerate aTexas inmate. “He had been strapped tothe gurney twice before that, and I justthought it was a life-altering experience,and I made the unfortunate promiseduring it that I would go to law school ifwe got him released.“You’re representing people who youare certain at the end are innocent <strong>of</strong> whatthey did and I can’t think <strong>of</strong> anything moremotivating for a law student or for me,”Enright said.Second-year law student Amy Pentzsaid she’s already realized the need to payattention to how law affects real people.“It’s important for everybody who’sgoing into the law to realize that the legalsystem at times fails people, and it’s ourjob to use our skills to uphold its integrity,”she said.When Ryan was a student at the <strong>Law</strong> <strong>School</strong> in the late’80s and early ’90s, there was relatively little support forthose interested in pursuing careers in public service. “Itwas a hard go for people who were interested in that line<strong>of</strong> work,” he recalls. “It was much easier to get a job at a lawfirm.” Nevertheless, in the ensuing years, demand in the <strong>Law</strong><strong>School</strong> for a greater public interest footprint grew.The <strong>Law</strong> <strong>School</strong> established in 1996 the MortimerCaplin Public Service Center, which became the focalpoint for public service programming and outreach. Sincethen, the center has become a vital part <strong>of</strong> the <strong>Law</strong> <strong>School</strong>,especially with the encouragement <strong>of</strong> former dean JohnJeffries ’73. Jeffries supported a robust pro bono program(which now includes partnerships with Hunton & Williamsand McGuireWoods) and expanded the clinical faculty.Perhaps more importantly, Jeffries made the <strong>Virginia</strong> LoanForgiveness Program more generous and created the PowellFellowships, which provide funding to students who, aftergraduation, work with public interest organizations.Mahoney and Ryan see the program in public interestlaw as the natural next step for the <strong>Law</strong> <strong>School</strong> to take.Scheduled to launch in the fall semester <strong>of</strong> 2009, Ryan isassembling an advisory committee <strong>of</strong> alumni (to be chairedby Mortimer Caplin ’40) representative <strong>of</strong> the diversity <strong>of</strong>public interest careers. They will help shape the program inpublic interest law, which Ryan hopes to build around threecore principles: curriculum, community, and commitment.Curriculum — Community — CommitmentStudents pursuing careers in public interest face uniqueeducational and career challenges not common to studentspursuing more private sector career paths. Mahoney andRyan believe these students will benefit from core publicinterest curricular <strong>of</strong>ferings and from a strong, supportivecommunity <strong>of</strong> students and faculty committed to theirpublic interest career goals.The main challenge is to tease out the fundamentals thatall those careers share and create at least one or two corecourses that teach them to all students interested in publicservice, whatever their ultimate career choice. These courseswould tie together the expanded curriculum into a cohesivestructure, and enhance the community <strong>of</strong> public intereststudents by providing a common academic experience.The program will also be introducing new short coursesUVA <strong>Law</strong>yer • fall • 2008 | 31


PUBLIC INTEREST LAWto supplement the already wide selection <strong>of</strong> substantivecourses and clinics the <strong>Law</strong> <strong>School</strong> <strong>of</strong>fers on criminal lawand procedure, civil rights law, public international andhuman rights law, poverty and housing law, child advocacy,family law, and elder law. As Ryan explained, “We planto bring to the <strong>Law</strong> <strong>School</strong> prominent practitioners inthe broad field <strong>of</strong> public interest law who will share theirknowledge, experience, and passion with students and <strong>of</strong>ferthem a classroom experience typically unavailable in atraditional course.”These courses would tie together theexpanded curriculum into a cohesivestructure, and enhance the community<strong>of</strong> public interest students by providinga common academic experience.Students also face basic obstacles when seekingpermanent public interest employment, not the least <strong>of</strong>which is considerable financial sacrifice. In addition, mostpublic interest organizations don’t have the budget to travelto the <strong>Law</strong> <strong>School</strong> to interview interested students. “Themore the <strong>Law</strong> <strong>School</strong> can do to support that communityand provide its own affirmation <strong>of</strong> public interest careerchoices, the better,” says Ryan.Mahoney’s goal is to develop a program that ensuresthe <strong>Law</strong> <strong>School</strong> is fully supporting the public interestcommunity, and providing guidance to students pursuingpermanent careers in the public interest arena. Thecommunity will include faculty who serve as advisors andmentors, and alumni who can help students overcome thebarriers to a public interest career. “It is very difficult to getan entry-level job in a public interest organization rightout <strong>of</strong> law school,” says Ryan. “Public interest organizationstend to hire experienced lawyers. In addition, many studentsgraduate with financial burdens, so they have to go intoprivate practice with the hope <strong>of</strong> then switching to a publicinterest organization. The program could help studentsmanage that transition by extending some career assistancebeyond the three years that they’re here.”Finally, Mahoney has asked Ryan to increase the <strong>Law</strong><strong>School</strong>’s overall commitment to public service. The existingpro bono program has worked well. It challenges the manylaw students who participate to perform 25 hours <strong>of</strong> probono work a year and then recognizes those who havemet that goal. Still, “we should continue to emphasize thateven young lawyers in firms can and ought to do publicservice work, whether it’s through the law firm’s pro bonoprogram or outside <strong>of</strong> it,” says Ryan. “Over 90 percent <strong>of</strong>our graduates end up in private practice, at least initially.Reaching that audience is crucial. The program can berelevant to all law students, as it brings them in to the world<strong>of</strong> public service and educates them about the diverse array<strong>of</strong> opportunities they’ll have to serve the public in one wayor another, regardless <strong>of</strong> their career paths.”High AspirationsRyan’s interest in public service began at an early age. Hefollowed the lead <strong>of</strong> his parents who always emphasized,and demonstrated by example, the importance <strong>of</strong> givingback to the community. Ryan felt that, for him, the lawwas the best vehicle to do that. And he was right. WhenRyan did his pro bono work in New Jersey, he “loved everyminute <strong>of</strong> it.”Ryan recognizes that it can be difficult for studentsto find a public interest job and to handle the financialsacrifice that comes with those jobs. But he encouragesstudents who are interested in public service to persevere.“In my experience,” Ryan says, “the students who stick it outend up very glad that they did. They may not get paid allthat much, but they get tremendous satisfaction from theirjobs.”Ryan has high hopes for the program. He thinks the<strong>Law</strong> <strong>School</strong> is underrated at the moment when it comesto public interest law, which he believes is a holdover froma decade ago. He would like to change that impression. “Iwould like <strong>Virginia</strong> to be a place law students attend notdespite their interest in public service but because <strong>of</strong> it,”Ryan says. “Simply put, Dean Mahoney and I would likethe <strong>Law</strong> <strong>School</strong> to become the best place in the countryto attend if you are interested in preparing for a career inpublic service. It’s a challenging goal, for sure, but one weaim to meet.”32 | UVA <strong>Law</strong>yer • fall • 2008


Former Prosecutor Returns toAdmissions OfficeRob SealWHEN HE WAS a <strong>Law</strong> <strong>School</strong> student,Jason Wu Trujillo ’01 never picturedhimself as the head <strong>of</strong> the school’sadmissions and financial aid <strong>of</strong>fice.“The only career I ever prepared for was to be aprosecutor,” he said. “I came to law school knowing I wantedto be a prosecutor. The entire time I was in law school, Inever really thought about doing anything other than beinga prosecutor.”But on July 1, Trujillo was promoted to senior assistantdean for admissions and financial aid, and is now taskedwith heading the <strong>of</strong>fice that recruits potential students,decides whether they get in, and helps admitted studentsfind ways to pay for their legal educations.He replaces Susan Palmer, who left the <strong>Law</strong> <strong>School</strong> thissummer to take a position as the associate dean for studentaffairs at the <strong>University</strong> <strong>of</strong> South Carolina <strong>School</strong> <strong>of</strong> <strong>Law</strong>.Dean Paul Mahoney said he is deeply grateful forPalmer’s contribution to the school’s success, and thatTrujillo is the perfect choice to replace her.“Susan modernized our admissions operation andbrought a personal warmth and elegance to all <strong>of</strong> hermany interactions with applicants,” Mahoney said. “And Ican’t imagine a better choice than Jason Trujillo as seniorUVA <strong>Law</strong>yer • fall • 2008 | 33


JASON WU TRUJILLOassistant dean for admissions and financial aid. Jasoncombines admissions experience, a broad appreciation forthe institution’s goals and culture and a tremendous skillfor communicating and working with other people. As agraduate <strong>of</strong> the <strong>Law</strong> <strong>School</strong>, he also understands the specialqualities <strong>of</strong> this institution and its students.”Trujillo recently discussed his new role and outlinedsome <strong>of</strong> his goals for the admissions and financial aid <strong>of</strong>fice.Q: What changes do you see occurring in admissionsduring your tenure?A: The biggest change I foresee is that in five years Iwant the entire admissions and financial aid process to becompletely paperless. Right now it seems that’s easier todo in financial aid — in fact we’re almost there — but interms <strong>of</strong> the admissions process, I want it to be completelypaperless in five years. We need to be more efficient withour time and with our efforts. And to that end, I see one <strong>of</strong>my major roles being to make the admissions and financialaid <strong>of</strong>fice, and particularly the admissions processes, moreefficient and more effective in everything we do.I think that some <strong>of</strong> the admissions travelcould be cut back a little bit, because wecan do more effective outreach via e-mailand be more responsive to people whoactually contact us.I have this little saying, but people have really taken toit, so I think it’s effective: There’s a big distinction betweenwork and effort. We put a little too much emphasis oneffort at this point, and not enough on work. Pushing upagainst the wall requires a lot <strong>of</strong> effort but doesn’t reallydo anything, whereas pushing a box across a room is work,because something is accomplished.For example, I think that some <strong>of</strong> the admissions travelcould be cut back a little bit, because we can do moreeffective outreach via e-mail and be more responsive topeople who actually contact us.I think we’ve got a good thing going. It needs to betweaked and needs to be more efficient, and we need to getbehind the new technology, but all <strong>of</strong> that is moving in theright direction.Q: How does evolving technology affect the admissionsprocess?A: In the old way <strong>of</strong> doing things, you or one <strong>of</strong> youradmissions <strong>of</strong>ficers would go and fly out to the <strong>University</strong><strong>of</strong> California at Berkeley, for example. We’d get on a planefrom Charlottesville and we’d go to Washington, D.C., andthen finally to Berkeley. We would give out brochures thatwe’ve spent a lot <strong>of</strong> money producing. And we’d standbehind a table for three hours or so and answer questions,most <strong>of</strong> which could be answered simply by looking at ourWeb site. And some <strong>of</strong> the applicants now say things like,“Oh, I don’t need a brochure because I’ve seen that online.”That’s totally different from a few years ago, when peoplewere dependent on paper.Q: What are some <strong>of</strong> the changes already underway?A: Next year we’re going to send out all decisions viae-mail, with the exception <strong>of</strong> <strong>of</strong>fers. So if we make you an<strong>of</strong>fer, <strong>of</strong> course we will send you a very nice letter on verynice letterhead. But we will use e-mail to notify people whowe don’t make an <strong>of</strong>fer to or people we put on the waitinglist.We tested that in part this year. We are slightly overenrolledfor the fall class, and it’s pretty clear that we aren’tgoing to be able to take anyone else from the waiting list.So we released people from the waiting list via e-mail.Previously, we had done that by paper. But I think peoplewould prefer speed over formality.Another thing that we are going to do is a lot moreanalysis as part <strong>of</strong> our admissions process. We need to seewho we’re admitting, what messages resonate with them,and what we need to do to get them here. We’re going to tryto use technology to do more work with less effort.Q: What career path did you take after law school?A: Everyone always asks, “Well, how did you end upin admissions?” The answer is that it was completely byaccident. The only career I ever prepared for in law schoolwas to be a prosecutor, and that’s what I did when I left here.I was a prosecutor for a couple <strong>of</strong> years near myhometown in Bergen County, New Jersey. Then I saw in the34 | UVA <strong>Law</strong>yer • fall • 2008


JASON WU TRUJILLOalumni magazine that the school was looking for a director<strong>of</strong> public service. I applied more out <strong>of</strong> curiosity thananything else. The next thing I knew, I was sitting acrossthe table from [then-Dean] John Jeffries, and he was saying“Well, when will you be joining us?”I really loved <strong>Virginia</strong>, I really loved this area, and I saidto myself, “I’m going to give it a shot. If for some reason itdoesn’t agree with me, or I don’t agree with them and theydon’t like me, I can always go back to being a prosecutorback home in New Jersey.”I was the director <strong>of</strong> public service for one year,and I was asked to move over to become the director <strong>of</strong>admissions. I admitted three classes, the classes <strong>of</strong> ‘08 ‘09and ‘10. So last year was the year in which I was involved inthe admission <strong>of</strong> every student in the building.John Jeffries approached me last year and said that hewas transitioning out as dean, and that he needed somehelp in the dean’s <strong>of</strong>fice. I was promoted to assistant deanand moved over to the dean’s <strong>of</strong>fice for a year.And then Dean Paul Mahoney approached me and saidthat it was his desire to reassign me to admissions upon thedeparture <strong>of</strong> Susan Palmer, and he promoted me to seniorassistant dean for admissions and financial aid.Q: How is it working with the administrators and staff inyour <strong>of</strong>fice?A: I was on the hiring committee that hired bothCourtenay Seabring Ebel, the director <strong>of</strong> admissions forrecruitment, and Jason Dugas, the director <strong>of</strong> admissionsfor communications and outreach, so I’m certainly happythey are here. Jason Dugas and I were classmates, andCourtenay was two classes behind us. And we have CindyBurns, who is the director <strong>of</strong> financial aid and does awonderful job.On the staff side, Holly Bennett is the backbone <strong>of</strong>the entire admissions operation and Sandy Harris is thebackbone <strong>of</strong> the entire financial aid operation. Withoutthem I’d pretty much have to quit.are important. I like to see how people write and what theycan contribute to the environment here.You could certainly fill the class with people with veryhigh LSAT scores and very high GPAs who would notcontribute to the <strong>Virginia</strong> environment. I always tell peoplewhen I go out on the road or when I speak to studentshere that having great grades and a great LSAT score arenecessary, but not sufficient, criteria for getting in here. Ourincoming students are students for three years, and thenthey are alums for 50 years. So I always say, “Do I want thisperson wearing the <strong>Virginia</strong> brand out there in the legalpr<strong>of</strong>ession?”We want to know how these peoplebehave in the classroom and howthey’ve performed at their job. Personalstatements are important. I like to seehow people write and what they cancontribute to the environment here.When I was out there as a litigator, it was very obviousthat certain attorneys look back on their law school yearsfondly, and certain attorneys look back on their law schoolyears with horror. And every <strong>Virginia</strong> grad I met reallylooked back fondly, and that’s something that I’d like tocontinue in the future. <strong>Virginia</strong> <strong>Law</strong> has what I consider tobe a very unique identity among the national law schools,and preserving that character is something that’s veryimportant to me. We have the most loyal alumni in thecountry, and I think there’s a reason for that.Q: What do you look for in prospective students?A: LSAT and GPA are obviously extraordinarilyimportant, but the admissions process is definitely notmechanical. We will also look at letters <strong>of</strong> recommendation;we want to know how these people behave in the classroomand how they’ve performed at their job. Personal statementsUVA <strong>Law</strong>yer • fall • 2008 | 35


FacultyBriefsFaculty News & BriefsDudley ’67 Retires From Second CareerBy Emily WilliamsEARL DUDLEY’S LIFE holdsmany stories from two long andsuccessful legal careers — first as alitigator and later as a <strong>Virginia</strong> lawpr<strong>of</strong>essor. He worked for Congress, andclerked for the Supreme Court. He evenbriefly served as a journalist duringsome <strong>of</strong> the most tumultuous yearsin U.S. history, sending wire storiesoverseas about the assassination <strong>of</strong>President John F. Kennedy.But at 11 months old, living in thePhilippines in 1941, Dudley almostdidn’t get to live any <strong>of</strong> it. Japanwas expected to bomb Manila, andDudley’s father had sent his family tothe mountains to take shelter.“My mother had me out for a strollafter breakfast when the bombingattack came in,” Dudley recalled.His mother lost a leg in the attack,and Dudley almost lost his life whenhe couldn’t be revived by a doctor. Aquick-thinking nurse revived him withgauze soaked in whiskey.“I was very lucky. I had just ashrapnel wound in my left knee,” hesaid.Since then, Dudley has made themost <strong>of</strong> his life. After 26 years at the <strong>Law</strong><strong>School</strong>, he will hang up his teaching hatto greet retirement with equal fervor.“By leaving now, I am achievinga goal I have harbored all <strong>of</strong> myadult life, which is to retire while Istill love my job,” Dudley said duringhis retirement ceremony in May. “Iwouldn’t leave now were it not forthe fact that there are so many otherthings I want to do before I die thatthis work stuff is beginning to getseriously in the way.”Dudley came to the <strong>Law</strong> <strong>School</strong>to teach full time after 22 years asa litigator, the last eight <strong>of</strong> whichhe spent as an adjunct pr<strong>of</strong>essor,driving to Charlottesville weekly fromWashington, D.C. to teach.He taught many courses duringhis career, but was particularly fond<strong>of</strong> three: civil procedure, evidence andtrial advocacy.“No pr<strong>of</strong>essional pleasure can matchwhat my students have given me,”Dudley said. “The joy <strong>of</strong> knowing them,working with them, watching themgrow as lawyers and blossom as people,staying in touch with them throughouttheir careers, meeting their spouses andsignificant others and their children — Iknow that I have gained far more fromthem than they could have ever possiblylearned from me.”Dudley’s competitive spirit drewhim to the law as a high-schoolstudent. He competed in forensicsand loved public speaking, a skillthat would later benefit his careeras a litigator. After graduating fromMICHAEL BAILEYUVA <strong>Law</strong>yer • fall • 2008 | 37


Amherst College in 1961 withjob was working for the Chief. I hada history degree, he decided toan <strong>of</strong>fice in Justice Reed’s chambers,become a pr<strong>of</strong>essor and enrolled in got to know him, which was athe American Studies program at wonderful part <strong>of</strong> the experience, butHarvard. After one year and a change the Chief treated me just like one <strong>of</strong><strong>of</strong> heart, Dudley left the program. the members <strong>of</strong> his full-time staff.”For the next two years, DudleyDudley had grown up admiringworked in New York as a news editor at Warren. “It was a real dream comethe international desk <strong>of</strong> United Press true to get to work for him,” he said. “IInternational. But law school beckoned. admired him even more after I worked“He treats his students like colleagues and friends,which makes for an exciting and positive classroomenvironment — his love <strong>of</strong> the law is infectious.”“UPI <strong>of</strong>fered me the Little Rock for him than I did before.”bureau and I had to choose between After his clerkship, Dudley wentLittle Rock and law school. I chose law into private practice, serving as aschool,” he said.litigator at various firms throughoutDudley uprooted his wife, Louise, his career. He loved the challenge <strong>of</strong>from New York and brought her to arguing.Charlottesville for law school, where “It’s the most civilized way tohe served as editor-in-chief <strong>of</strong> the let your competitive juices flow,” he<strong>Virginia</strong> <strong>Law</strong> Review and earned the laughed. “I enjoyed practice a greatWoods Prize for being the outstanding deal. I didn’t leave it as bitter as a lot <strong>of</strong>graduating student in 1967.people do these days. I left it because I“When I was in law school Iwas enjoying the teaching I was doingthought a little bit about teaching law, so much.”but I was really interested in seeingMidway through his career as awhat law practice was like and so I litigator, Dudley was recruited to servewent into practice, did it for a while, as general counsel to the U.S. Houseand began to think more seriously Judiciary Committee under Rep. Petertoward the end <strong>of</strong> the period about Rodino, who had previously chairedteaching full-time.”the impeachment hearings that led toDudley’s law career started with a the resignation <strong>of</strong> President Richardbang. He clerked for retired Supreme Nixon. Dudley not only served asCourt Justice Stanley Reed and Chief general counsel, but also oversaw theJustice Earl Warren. Reed shared a work <strong>of</strong> all seven subcommittees andclerk with Warren so Warren could was Rodino’s speech writer.keep up with his overwhelming“He was in great demandworkload.because everyone had watched“I did almost no work for Justice the impeachment proceedings onReed,” Dudley recalled. “My full-time television,” Dudley said. “He was thehero <strong>of</strong> the day so he was giving a lot<strong>of</strong> speeches. I wound up writing thespeech that nominated Jimmy Carterfor president in 1976. That was a funpart <strong>of</strong> the job.”The most important case Dudleyworked on in private practicewas Morrison v. Olson, whichquestioned the constitutionality<strong>of</strong> the independent counsel statutethat Congress passed in the wake <strong>of</strong>the Watergate scandal. The statutecreated a way to investigate andprosecute <strong>of</strong>ficials high in the executivebranch independently <strong>of</strong> the JusticeDepartment. Morrison ultimatelymade it to the Supreme Court.“And we won,” Dudley said. Thisexperience ultimately pushed himinto teaching law. “I really liked doingresearch and writing on my own andit was exciting stuff to write about.That was a major factor in convincingme that I wanted to spend more timedoing my own research and writing.”When he finally landed at the <strong>Law</strong><strong>School</strong> as a full-time pr<strong>of</strong>essor in 1989,Dudley brought a career’s worth <strong>of</strong>experience with him to the classroom.“He treats his students likecolleagues and friends, which makesfor an exciting and positive classroomenvironment — his love <strong>of</strong> the law isinfectious,” said (then) third-year lawstudent Katie Schleeter ’08. “He was animportant, positive force in shapingmy experience here and has madeessential contributions to the lives <strong>of</strong>innumerable UVA students.”Former Dean John Jeffries ’73 saidDudley’s extensive experience as alitigator brought a new perspective tostudents.“All <strong>of</strong> the courses and seminarshe taught were informed by Earl’svast experience as a lawyer, so that hewasn’t merely teaching our students38 | UVA <strong>Law</strong>yer • fall • 2008


FacultyBriefssubjects <strong>of</strong> importance to the law, hewas teaching them how to be lawyers,”Jeffries said during Dudley’s retirementceremony. “They sought his adviceon every conceivable subject, advicewhich I believe he bestowed withcharacteristic generosity. And in theend, they loved him.”Dudley also committed timeto public service. He served on the<strong>Virginia</strong> State Bar Committee onPr<strong>of</strong>essionalism and was a member<strong>of</strong> the boards <strong>of</strong> directors <strong>of</strong> theStuart Stiller Memorial Foundation,the Disability Rights Center and theCenter for the Study <strong>of</strong> Psychiatry.He was a public member <strong>of</strong> the ethicscommittee <strong>of</strong> the American Associationfor Marriage and Family Therapy,and he has been an adjunct pr<strong>of</strong>essorat Georgetown <strong>University</strong>, as well asa faculty member <strong>of</strong> the NationalInstitute <strong>of</strong> Trial Advocacy in programsin various cities.With his newfound free time inretirement, Dudley plans to write abouthis family’s genealogical history, travelwith his wife, work on his photographyportfolio, play as much golf as his backwill allow and read the many booksthat he has forgone over the yearsbecause <strong>of</strong> his schedule.His family will take center stagein his retirement years. Travellingbetween Massachusetts, where hisson lives, and Arlington, where hisdaughter lives, Dudley will spendmuch <strong>of</strong> his time with his childrenand grandchildren.“I’m going to miss a lot <strong>of</strong> things,”Dudley said. “I think perhaps most willbe the students. They are the joy <strong>of</strong> thejob. I really will miss my colleagues,friends; the classroom is fun. There arelots <strong>of</strong> things I’ll miss, but not so muchthat I’m not going to retire.”Robinson Slows Down LongEnough To RetireBy Mary WoodMOST ACADEMICS DON’Tstart teaching new classes andwriting new books at the end <strong>of</strong> theircareers. So some <strong>of</strong> Glen Robinson’scolleagues are a little surprised thatthe law pr<strong>of</strong>essor and former FCCcommissioner is retiring this year.“He does not show any signs <strong>of</strong>slowing down at all,” Pr<strong>of</strong>essor TomNachbar said. “It’s going to be quite ashock to me to actually see him retire.”Robinson is wrapping up a career<strong>of</strong> scholarship and teaching thatcovered a wide breadth <strong>of</strong> topics,including property, administrativelaw, antitrust, torts, intellectualproperty law and communicationslaw. Rejecting the notion <strong>of</strong> a lighterworkload as he approached retirement,he is co-authoring a casebook oncommunications law with Nachbar thatwill be published this fall.“It just seemed like the time to stepaside,” Robinson said. “There comes atime when you just think it’s the rightthing to do.”Just two years ago, Robinson beganteaching the <strong>Law</strong> <strong>School</strong>’s intellectualproperty survey course, even thoughhe’d never taught the subject before.“My colleagues said I was crazyto try to do it,” Robinson said.MICHAEL BAILEYUVA <strong>Law</strong>yer • fall • 2008 | 39


FacultyBriefsIn 2006 Robinson drafted amicus briefs for CBS v. FCCand Fox Television Stations et al v. FCC, cases in which themedia challenged FCC rulings on indecency.Intellectual property is now one <strong>of</strong> his where he taught subjects such asfavorite subjects.administrative law and torts for sevenThis sort <strong>of</strong> scholarly curiosity has years.shaped Robinson’s career. Born and “It was a nice environment — veryraised in Utah, Robinson attended friendly, very social, high-qualityUtah State for two years beforepeople,” Robinson said, but withtransferring to Harvard, where he “awfully cold” winters.studied political theory. After that,Through what Robinson calledhe decided to go to law school at a “series <strong>of</strong> accidents,” a friendStanford, which then had a small serving as a presidential adviser atprogram <strong>of</strong> fewer than 100 students, the Office <strong>of</strong> Telecommunicationsbecause he thought he wanted to Policy recommended him for a vacantpractice on the West Coast.commissioner post with the Federal“It turned out that that was really Communications Commission. Hequite a silly reason to go to Stanford,” didn’t get the initial appointment,he said, since he later decided to but when the next vacancy from apractice on the East Coast — because commissioner who was leaving his“the quality <strong>of</strong> the law practice seemed term happened, “my name was justbetter there.”sort <strong>of</strong> floating out there.”He began his legal career at“They were looking for someoneCovington & Burling in Washington, who is a little bit independent and notD.C., where he initially focused on associated with any industry,” he said.communications law, helping “fat-cat He became one <strong>of</strong> seven FCCbroadcasters” in their “struggles” with commissioners at a time when theythe FCC. His practice was interrupted were considering some key issues thatfor two years while he fulfilled his ROTC still reverberate today.commitment by serving with the Army “It took me about six months orArmor Corps in Fort Knox, Ky., as a more before I had a good idea <strong>of</strong> whatcompany commander <strong>of</strong> a tank unit. was going on,” Robinson said.After a few more years practicing At the time the FCC was issuinglaw, including antitrust and food and decisions about introducingdrug work, Robinson decided to put competition into long-distancehimself on the academic market. telephone markets. In the massmediaarea, cable television, which“I wasn’t learning anything newor interesting in practice,” he said, had previously been constrained bythough “I didn’t have much <strong>of</strong> an idea regulations imposed in the 1960s, was<strong>of</strong> what academic life would be like.” emerging as a major player. RobinsonIn 1967 he secured a job with the had helped craft anti-cable rules as<strong>University</strong> <strong>of</strong> Minnesota <strong>Law</strong> <strong>School</strong>, a privately practicing attorney yearsbefore but now “worked hard to getrid <strong>of</strong> them — with limited success.”During his term the FCCconsidered one <strong>of</strong> the most infamouscomplaints it would take up: whetherairing George Carlin’s “Filthy Words”monologue, broadcast by a radiostation on a weekday afternoon in1973, was illegal.In response, the FCC issued anopinion declaring that it had thepower to regulate indecentbroadcasting, but only noted theincident in case future violationshappened at the station. The radiostation’s owners challenged theopinion, and the case eventually madeits way to the Supreme Court as FCCv. Pacifica Foundation, where justicesaffirmed the FCC’s right to regulate<strong>of</strong>fensive content.In recent years the FCC hasbecome more active in pursuingindecency cases, a tactic Robinsoncalled a “sham,” particularly becausethe FCC has declined to regulateindecency via ubiquitous subscriptionservices such as cable television.“The whole thing is ridiculous,”Robinson said. “It turns out that it wasone <strong>of</strong> the decisions that I repented themost. I really regretted my involvementin the original decision.”In 2006 Robinson drafted amicusbriefs for CBS v. FCC and FoxTelevision Stations et al v. FCC, cases inwhich the media challenged FCCrulings on indecency. Fox won its casein a federal appeals court, and theSupreme Court will hear it this fall.The CBS case is still pending in the3rd U.S. Circuit Court <strong>of</strong> Appeals.Although Robinson said the FCCshould back <strong>of</strong>f indecency cases, hesaid it still has a significant role to playin some areas. The FCC should haverules to enable competitive players40 | UVA <strong>Law</strong>yer • fall • 2008


FacultyBriefsto enter the telecommunicationsindustry and should improve itsauction system for radio frequencies,he said.“If it was up to me I think the FCCcould probably be cut to half its size ifit was just doing what it needs to do,”he said. “They certainly could curtail alot <strong>of</strong> their activities.”Robinson chose to leave the FCCfor <strong>Virginia</strong> after he finished the finaltwo years <strong>of</strong> his predecessor’s term.His teaching load was initially lightbecause <strong>of</strong> his commitment to theAspen Institute, an internationalnonpr<strong>of</strong>it organization. He alsochaired the World AdministrativeRadio Conference, for which he leda 120-person U.S. team at a meetingdesigned to allocate internationalfrequencies for uses ranging fromsatellites to airborne radar.Although he taught administrativelaw, torts, antitrust, property and evenevidence and criminal law, he didn’tteach his first communications lawcourse until 1996.“There wasn’t a big demand for it,actually, partly because it’s perceived tobe highly specialized,” he said. “Thereweren’t any books on the subject.”Property, while not one <strong>of</strong>Robinson’s beloved subjects as astudent, remains one <strong>of</strong> his favoritecourses to teach. “Students to this dayhate it,” Robinson said. But, “it really isquite wonderful in many respects —sort <strong>of</strong> like doing Sudoko puzzles.”<strong>Law</strong> Pr<strong>of</strong>essor Liz Magill ’95 tookRobinson’s property course in 1993.“He’s very intellectually challengingas a teacher,” she said. “Very early inthe class he gets the students to thehardest central question.”As a colleague, “he’s been graciousand welcome and wonderful. He’s verysmart and knowledgeable; he has aninteresting mind and take on things.” since they decided they wanted theirKristen Nugent ’08 took three own material for the communicationsclasses from Robinson. “He has a very law class they have co-taught fordry, witty sense <strong>of</strong> humor,” she said. the past two years. Nachbar praised“It was neat to have someone who had Robinson’s role as a mentor.been through it all teaching what had “He is the ideal colleague in everygone down.”way,” Nachbar said. “He’s everythingRobinson said he’s better atthat UVA says that it is to juniorinteracting with students one on one. faculty.”Teaching “focuses your mind. It gives you an opportunityto explain something to yourself and that’s part <strong>of</strong> thelearning process.”“I’ve always liked teaching, though Robinson has no specific plansI think teaching never liked me,” he for retirement, other than spendingsaid. Teaching “focuses your mind. It time with his two children and threegives you an opportunity to explain grandsons in New York and wife, Kay,something to yourself and that’s part a local Realtor. He wouldn’t rule out<strong>of</strong> the learning process.”teaching or co-teaching a course at theIn 2003 Robinson was appointed <strong>Law</strong> <strong>School</strong> in the future.the David and Mary Harrison“Or maybe I’ll take up golf again,”Distinguished Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong>, the he mused.highest honor the <strong>Law</strong> <strong>School</strong> bestowsupon faculty.“He is one <strong>of</strong> the foremostadministrative law experts in thecountry,” then Dean John Jeffries ’73said during Robinson’s retirementceremony. “His curiosity leads himto focus on puzzles in the law —puzzles that sometimes lie within oneparticular field, but that <strong>of</strong>ten do not.”While Robinson has written morethan 40 articles on wide-rangingtopics and books on everything fromthe U.S. Forest Service to a casebookon administrative law that has gonethrough four editions, his latest labor<strong>of</strong> love is the communications lawcasebook.Nachbar said he and Robinsonhave been hammering out the bookUVA <strong>Law</strong>yer • fall • 2008 | 41


FacultyBriefsKen Abraham’sbook, TheLiability Century:Insurance andTort <strong>Law</strong> FromThe ProgressiveEra to 9/11 waspublished byHarvard<strong>University</strong> Press.BarbaraArmacost ’89has justcompleted amajor projectthat chroniclesthe unfoldingstory <strong>of</strong>interrogation abuses in U.S. detentionfacilities during the Iraq/Afghanistanwar. She began the projectimmediately after the Abu Ghraibprison photographs were made publicand continued to document thedeveloping drama as more and morein<strong>format</strong>ion became available. Theresulting historical account, drawnlargely from the government’s owninvestigations, traces how the legalpositions contained in Armydocuments, military orders, legalmemoranda, and policy statementsmade (or lost) their way from the halls<strong>of</strong> Washington, D.C., to theinterrogation cells <strong>of</strong> far-flung U.S.detention centers. The article rejectsboth <strong>of</strong> the causal explanations thathave been <strong>of</strong>fered to account for theabuses: on the one hand, that a few“bad apples” acted in knowingviolation <strong>of</strong> clear interrogation law,and, on the other hand, that high level<strong>of</strong>ficials ordered soldiers to abusedetainees. What both <strong>of</strong> these accountshave in common is the assumptionthat the “law” against whichinterrogator’s conduct should bemeasured consists only <strong>of</strong> formalprohibitions or formal orders. Thearticle argues that these accounts arefalse because this underlyingassumption is false. The article <strong>of</strong>fersan alternative explanation, which takesseriously the (sometimes) dissonanceand (sometimes) harmony occurringin the space between de jurepronouncements and de facto practicesand the necessity <strong>of</strong> attending to thelaw as it was understood as well aspracticed by actors on the ground.In May, MargoBagley was apanelistdiscussing“Product ByProcess Claims”at a patentsbreakout sessionat the Federal Circuit JudicialConference in Washington, D.C. Shepresented “Illegal, Immoral, Unethical… Patentable? Issues in the Early Lives<strong>of</strong> Inventions” at a Living Properties/Making Knowledge and ControllingOwnership in the History <strong>of</strong> BiologyWorkshop at the Max Planck Institutefor the History <strong>of</strong> Science in Berlin,Germany; to the Summer Institute atthe Drake <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>Biotechnology in Des Moines, Iowa;and to the Intellectual PropertyScholars Conference at Stanford<strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>.In June, she presented “102(f)and (g) and the 103(c) Exceptions,” atPrior Art 2008: The PTO and CAFCPerspective on Patent <strong>Law</strong> Section102 Course <strong>of</strong> the Practising <strong>Law</strong>Institute in San Francisco. She alsobegan serving a two-year term on aNational Academy <strong>of</strong> Sciences Board:the Board on Science, Technology,and Economic Policy, Committee onManagement <strong>of</strong> <strong>University</strong> IntellectualProperty: Lessons from a Generation<strong>of</strong> Experience, Research and Dialogue.In July, she taught in the GeorgeWashington <strong>University</strong> MunichSummer Intellectual PropertyProgram at the Max Planck Institutein Germany.Richard Bonnie’69 continues tospearheadmental healthlaw reform in<strong>Virginia</strong> asChair <strong>of</strong> theCommission onMental Health <strong>Law</strong> Reform establishedby the Supreme Court <strong>of</strong> <strong>Virginia</strong>.After a major overhaul <strong>of</strong> thecommitment laws was adoptedunanimously in the General Assemblyin 2008 in the wake <strong>of</strong> the <strong>Virginia</strong>Tech tragedy, the Commission will<strong>of</strong>fer a second round <strong>of</strong> proposals in2009.During the May-October period,Bonnie made six presentations to<strong>Virginia</strong> audiences regarding theCommission’s work, includingappearances before the JointCommission on Health Care. He alsoaddressed several national audienceson the reform effort in <strong>Virginia</strong> and42 | UVA <strong>Law</strong>yer • fall • 2008


FacultyBriefsits implications for other states. Theyincluded “Tragedy and Mental HealthSystem Trans<strong>format</strong>ion in <strong>Virginia</strong>” atthe annual meeting <strong>of</strong> the AmericanPsychiatric Association in Washington,D.C., and “The Political Dynamics<strong>of</strong> Mental Health <strong>Law</strong> Reform: The<strong>Virginia</strong> Experience” at the AnnualMeeting <strong>of</strong> the American Academy <strong>of</strong>Psychiatry and the <strong>Law</strong> in Seattle.Under the joint sponsorship <strong>of</strong> the<strong>University</strong>’s Institute on Aging andthe Miller Center for Public Affairs,Bonnie organized and chaired aconference, Voting in Long Term Care,at the <strong>Law</strong> <strong>School</strong> in October, to callattention to the need to protect theright to vote <strong>of</strong> residents <strong>of</strong> nursinghomes and assisted living facilitiesas long as they have the desire tovote and the necessary cognitivecapacity to do so. At the conference,Bonnie and colleagues from the UVADepartment <strong>of</strong> Politics and Center forSurvey Research presented the results<strong>of</strong> a survey <strong>of</strong> voting practices in asample <strong>of</strong> 500 long term care facilitiesin <strong>Virginia</strong> conducted after the lastfederal election.Bonnie also presented the StuartRome Lecture at the <strong>University</strong><strong>of</strong> Maryland, entitled “Why the<strong>Law</strong> Should Help People ChooseMedical Treatment for Addiction,” inBaltimore in November. He presentedremarks on “Hunger Strikes byDetainees: Ethical Challenges forMilitary Physicians” in September inWashington, D.C., at a conference onMilitary Medical Ethics sponsoredby Department <strong>of</strong> Defense under theauspices <strong>of</strong> the Institute <strong>of</strong> Medicine.Albert Choi’s “ARent ExtractionTheory <strong>of</strong> Right<strong>of</strong> First Refusal”is forthcomingin the Journal <strong>of</strong>IndustrialEconomics.“Completing Contracts in the Shadow<strong>of</strong> Costly Verification” (with GeorgeTriantis LL.M. ’86) was published inthe Journal <strong>of</strong> Legal Studies. “OptimalAgency Contracts: The Effect <strong>of</strong>Vicarious Liability and Judicial Error(with Juan Carlos Bisso)” waspublished in International Review <strong>of</strong><strong>Law</strong> and Economics.Choi also participated in a number<strong>of</strong> conferences and workshops thisyear, including Yale’s Corporate <strong>Law</strong>Roundtable; the Business <strong>Law</strong> andInnovation Conference at Columbia<strong>Law</strong> <strong>School</strong>; the American <strong>Law</strong> andEconomics Association AnnualConference at Columbia <strong>Law</strong> <strong>School</strong>;Weil, Gotshal & Manges Corporate<strong>Law</strong> Roundtable at Yale <strong>Law</strong> <strong>School</strong>;the <strong>Law</strong>, Business and EconomicsWorkshop at the <strong>University</strong> <strong>of</strong> Texas<strong>Law</strong> <strong>School</strong>; the <strong>Law</strong> and EconomicsWorkshop at the <strong>University</strong> <strong>of</strong>Michigan <strong>Law</strong> <strong>School</strong>; and a facultyseminar at Fordham <strong>Law</strong> <strong>School</strong>.George Cohenpresented apaper, “TheFault that LiesWithin OurContract <strong>Law</strong>,”at the <strong>University</strong><strong>of</strong> Chicago <strong>Law</strong><strong>School</strong> at a symposium on Fault inContract <strong>Law</strong> co-sponsored by the<strong>University</strong> <strong>of</strong> Michigan <strong>Law</strong> Review inSeptember. Cohen also presented adraft <strong>of</strong> the paper over the summer atthe <strong>Law</strong> <strong>School</strong>’s summer facultyworkshop series.In September,Anne Coughlindelivered theHollins<strong>University</strong>AnnualConstitutionLecture inRoanoke, Va. The title <strong>of</strong> the talk is“Where Have You Gone, Ruth BaderGinsburg? Womens’ Rights and theConstitution.” In October, she gave apaper, “Interrogation Stories,” in thefaculty workshop series at the<strong>University</strong> <strong>of</strong> Georgia <strong>School</strong> <strong>of</strong> <strong>Law</strong>.This fall,MichaelDoran’s article“IntergenerationalEquity inFiscal PolicyReform” will bepublished by theTax <strong>Law</strong> Review. This winter, hisarticle “Tax Penalties and TaxCompliance” will be published by theHarvard Journal on Legislation. InOctober, he will be the speaker at theColumbia <strong>Law</strong> <strong>School</strong> tax policycolloquium.UVA <strong>Law</strong>yer • fall • 2008 | 43


FacultyBriefsIn May,BrandonGarrettpresented apaper titled“InvalidForensic ScienceTestimony andWrongful Convictions” co-authoredwith Peter Neufeld and forthcomingin the <strong>Virginia</strong> <strong>Law</strong> Review in 2009, atthe Harvard Criminal JusticeRoundtable. He presented a shorterversion <strong>of</strong> that study at a workshop atthe <strong>Law</strong> <strong>School</strong> in July.Garrett’s article, “ClaimingInnocence,” was published in Junein the Minnesota <strong>Law</strong> Review. InAugust, he gave an orientation talkto the incoming first-year studentstitled “The Near-Execution <strong>of</strong> anInnocent Man: Lessons from the EarlWashington Case.”In September, Garrett presenteda paper entitled “Litigation by theInnocent over Time,” co-authoredwith J.J. Prescott, at the Third AnnualConference on Empirical LegalStudies. He presented another papertitled “Feeding False Confessions”at a UVA Psychology Departmentworkshop.Garrett helped assemble acollection <strong>of</strong> federal organizationalprosecution agreements with UVAReference Librarian Jon Ashley, andpublished them on a Web site: www.law.virginia.edu/html/librarysite/garrett_bycompany.htmGeorge Geisrecently wrote“The SpaceBetweenMarkets andHierarchies,”which willappear in the<strong>Virginia</strong> <strong>Law</strong> Review in 2009, whichexamines theories <strong>of</strong> the firm from afinancial and operational governanceperspective via business outsourcingtransactions. Geis spoke on the articleat faculty workshops at the <strong>Law</strong><strong>School</strong>, Vanderbilt <strong>University</strong> <strong>Law</strong><strong>School</strong>, The <strong>University</strong> <strong>of</strong> Mississippi<strong>School</strong> <strong>of</strong> <strong>Law</strong>, and the William andMary <strong>School</strong> <strong>of</strong> <strong>Law</strong>.His article, “Automating Contract<strong>Law</strong>,” which explores the use <strong>of</strong>knowledge management technologyand meaning based computing toconduct empirical and economicanalysis in contract law, appeared inthe New York <strong>University</strong> <strong>Law</strong> Review.Another article, “Economics asContext for Contract <strong>Law</strong>,” appearedin the <strong>University</strong> <strong>of</strong> Chicago <strong>Law</strong>Review, reviewing Victor Goldberg’sFraming Contract <strong>Law</strong>.Geis presented “The ButterflyEffect and the Regulation <strong>of</strong> CorporateFinance” at a junior faculty workshopat the <strong>University</strong> <strong>of</strong> Richmond <strong>School</strong><strong>of</strong> <strong>Law</strong>. At the World Wide JuniorCorporate Scholar Conference atColumbia <strong>Law</strong> <strong>School</strong>, he presented“Can Independent BlockholdingReally Play Much <strong>of</strong> a Role in IndianCorporate Governance Reform?”Risa Golub<strong>of</strong>fwas co-winner<strong>of</strong> the WillardHurst Prize <strong>of</strong>the <strong>Law</strong> &SocietyAssociation forthe best work insocio-legal history published in 2007.There was also a panel for her book,The Lost Promise <strong>of</strong> Civil Rights (2007)at the <strong>Law</strong> & Society AssociationAnnual Meeting. Golub<strong>of</strong>f also wonthe <strong>Law</strong> <strong>School</strong>’s Carl McFarlandAward for Excellence in scholarship bya junior faculty member.Golub<strong>of</strong>f is visiting this fall atNYU <strong>Law</strong> <strong>School</strong> and in the springat Columbia <strong>Law</strong> <strong>School</strong>. She willbe speaking this fall at the AmericanConstitution Society’s conferenceon the Second Founding and theReconstruction Amendments at the<strong>University</strong> <strong>of</strong> Pennsylvania <strong>Law</strong> <strong>School</strong>on a panel discussing the ThirteenthAmendment.Retired SupremeCourt JusticeSandra DayO’Connorinvited A. E.Dick Howard,’61, to join herand Stanfordhistorian Jack Rakove in presenting aweek-long seminar for master teachersin Washington, D.C. Sponsored by theAnnenberg Foundation and the GilderLehrman Institute <strong>of</strong> AmericanHistory, the seminar took as its topic“The American Judiciary,” includingpolitical pressures on courts andthreats to judicial independence.44 | UVA <strong>Law</strong>yer • fall • 2008


FacultyBriefsAt James Madison’s Montpelier,Howard led discussions on Americanconstitutionalism at a seminar formembers <strong>of</strong> the General Assembly<strong>of</strong> <strong>Virginia</strong>. Topics included theidea <strong>of</strong> a constitution, JamesMadison’s concept <strong>of</strong> a constitution,and the distinctive place <strong>of</strong> stateconstitutions (emphasizing theConstitution <strong>of</strong> <strong>Virginia</strong>) in Americanconstitutionalism. Newly restored,Montpelier was rededicated onConstitution Day, September 17.Howard played a leading rolein shaping a public televisiondocumentary, “Questioning theConstitution.” Created by stationsWCVE, WHTJ, and the <strong>University</strong><strong>of</strong> <strong>Virginia</strong>’s Center for Politics, thehour-long program looks at thecontemporary Constitution andproposals for its reform. The programwas released on connection withConstitution Day.In recent months, Howard hasgiven several lectures. At the LotosClub, in New York City, he talked on“The Struggle for the Supreme Court.”In that lecture, he considered theefforts <strong>of</strong> several presidents, notablyNixon, Reagan, and the two Bushes,to remake the Supreme Court and toshift the Court in a more conservativedirection.At the Supreme Court, Howardlectured on “Justice Souter and theArt <strong>of</strong> Judging,” at a session sponsoredby the Association <strong>of</strong> AmericanRhodes Scholars (Justice Souter is theCourt’s only Rhodes Scholar). In thatlecture, Howard considered JusticeSouter’s jurisprudence, includingthe influence <strong>of</strong> his study <strong>of</strong> law atOxford, on his opinions as Justice <strong>of</strong>the Supreme Court.In Charlottesville, Howardpresented a seminar on “TheConstitution <strong>of</strong> <strong>Virginia</strong>” at thePolitical Leaders Program sponsoredby the Sorensen Institute for PoliticalLeadership. The discussion focusedboth on <strong>Virginia</strong> constitutional historyand on contemporary issues.Howard was also a facultymember at the National Security <strong>Law</strong>Institute, sponsored by the Centerfor National Security <strong>Law</strong>. He spokeon “The Prospects for ConstitutionalDemocracy.”At the Federal Executive Institute,Howard lectured on “The SupremeCourt and the Living Constitution” ata program for senior federal executives.The discussion emphasized ways inwhich the Constitution frames thework <strong>of</strong> federal agencies and <strong>of</strong>ficials.Under the auspices <strong>of</strong>Charlottesville’s Party Parade, Howardspoke on “The Supreme Court:Backstage at the Marble Palace.” All <strong>of</strong>the proceeds <strong>of</strong> Party Parade events goto support local charities.At the <strong>Law</strong> <strong>School</strong>, Howardorganized and moderated the StudentLegal Forum’s annual review <strong>of</strong>the Supreme Court’s most recentterm. Other panelists were RichardBonnie ’69, David Martin, and ChrisSprigman. The discussion singled outthe D.C. gun law, capital punishment,and enemy detention cases forparticular attention.<strong>Virginia</strong> Commonwealth <strong>University</strong>conferred its 2008 MulticulturalAwareness Award on Howard. NotingHoward’s work with constitutionmakersin other countries with diversecultures and traditions, the citationcommended Howard’s “goals for abetter world” and his concern for“social justice and equality.”In August, AlexJohnsonpresented hispaper, “A Replyto ‘A SystemicAnalysis OfAffirmativeAction InAmerican <strong>Law</strong> <strong>School</strong>s:’ Flaws in theTheory?” to the <strong>Law</strong> <strong>School</strong>’s Centerfor the Study <strong>of</strong> Race and <strong>Law</strong>.In September, he attended theAmerican <strong>Law</strong> Institute’s JointMeeting <strong>of</strong> the Members ConsultativeGroup, Advisers, and Liaisons forThe Restatement Third, Trusts, inPhiladelphia.In October, he was a panelist on ajointly sponsored conference (Section<strong>of</strong> Legal Education and Admission tothe Bar and the <strong>Law</strong> <strong>School</strong> AdmissionCouncil), “The Bar Exam PassageConference — Outcome Measures andStudent Achievement.”Liz Magill ’95taught a shortcourse thissummer inAmericanConstitutional<strong>Law</strong> to Germanlaw students inMünster, Germany.This fall she is giving a paper onthe history <strong>of</strong> standing doctrine atChicago-Kent <strong>Law</strong> <strong>School</strong>. She hasbeen invited to publish the foreword tothe Annual Administrative <strong>Law</strong> Issue <strong>of</strong>the George Washington <strong>Law</strong> Review.Magill is also co-hosting aConference at the <strong>Law</strong> <strong>School</strong> inNovember called “Legal and PoliticalPerspectives on Governance.” Theconference will be an interdisciplinaryconference bringing together 12–15UVA <strong>Law</strong>yer • fall • 2008 | 45


FacultyBriefsscholars in political science and law whoare interested in issues <strong>of</strong> bureaucracyand governance. In the spring semester,Magill will be at Harvard <strong>Law</strong> <strong>School</strong>as a Visiting Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong>, teachingadministrative law.At a Septembermeeting <strong>of</strong> theAmericanAcademy <strong>of</strong>Appellate<strong>Law</strong>yers inPortland, Ore.,Dan Meadorreceived the Kathleen McCree LewisAward for a “contribution that has hadan exceptional impact on the delivery<strong>of</strong> appellate justice.”In November at the Cornell <strong>Law</strong><strong>School</strong>, Meador was a participant in aprogram to discuss a proposal by PaulCarrington and Roger Cramton thatCongress establish a “certiorari division”within the United States Supreme Court,consisting <strong>of</strong> 13 U.S. Circuit judges,to screen all certiorari petitions andto grant approximately 120 annually,which would compose a mandatorydocket for the Supreme Court.Greg Mitchellpublished threepapers this fall.He co-authoreda paper withJohn Monahanand LarryWalker on“Contextual Evidence <strong>of</strong> GenderDiscrimination: The Ascendance <strong>of</strong>‘Social Frameworks,’” which waspublished by the <strong>Virginia</strong> <strong>Law</strong> Review.He and Philip Tetlock <strong>of</strong> <strong>University</strong> <strong>of</strong>California, Berkeley, wrote a chapteron “Disentangling Reasons fromRationalizations: Exploring MoralIntuitions in Hypothetical Societies,”for the Oxford <strong>University</strong> Press book,Social and Psychological Bases <strong>of</strong>Ideology and System Justification.Mitchell, Tetlock, and Terry Murraypublished a paper on “The Challenge<strong>of</strong> Debiasing Personnel Decisions:Avoiding Both Under- and Over-Correction” in Industrial andOrganizational Psychology: Perspectiveson Science and Practice.Mitchell presented talks at St.Louis <strong>University</strong> and McGeorge<strong>School</strong> <strong>of</strong> <strong>Law</strong>, in its DistinguishedSpeakers series, and participated inthe <strong>Law</strong> and Psychology Roundtable atWashington <strong>University</strong> in St. Louis.Additionally, two papers coauthoredby Mitchell were publishedthis spring. Adam Hirsch <strong>of</strong> FloridaState <strong>University</strong> and Mitchellpublished “<strong>Law</strong> and Proximity” in the<strong>University</strong> <strong>of</strong> Illinois <strong>Law</strong> Review. Thearticle examines the legal implications<strong>of</strong> psychological reactions to near missexperiences, such as occur in manybargaining and tort situations. Tetlockand Mitchell published “CalibratingPrejudice in Milliseconds” in theSocial Psychology Quarterly. Theessay discusses recent research onunconscious sources <strong>of</strong> prejudiceand argues that, before we deemunconscious prejudice an inevitablesource <strong>of</strong> individual-level disparatetreatment that requires structuralsolutions such as quotas, researchersneed to explore the efficacy <strong>of</strong>institutional norms and accountabilitysystems in checking unconsciousforms <strong>of</strong> bias.John Monahanand Jeffrey W.Swanson will bepublishing inthe Journal <strong>of</strong>Empirical LegalStudies theirstudy, “<strong>Law</strong>yersat Mid-Career: A 20-Year LongitudinalStudy <strong>of</strong> Job and Life Satisfaction”(September, 16, 2008) (see Scholar’sCorner). The full study is available athttp://ssrn.com/abstract= 1268948.In August,CarolinaAcademic Presspublished abook by JeffreyO’Connell andChristopherRobinette ’96,entitled A Recipe for Balanced TortReform: Early Offers with SwiftSettlements.An article by O’Connell andPatricia Born <strong>of</strong> Florida State<strong>University</strong> entitled “The Cost andOther Advantages <strong>of</strong> an EarlyOffers Reform for Personal InjuryClaims Against Business, Includingfor Product Liability,” appeared inColumbia Business <strong>Law</strong> Review (2008).O’Connell’s article, “The Large CostSavings and Other Advantages <strong>of</strong>an Early Offer ‘Crimtorts’ Approachto Medical Malpractice Claims,”appeared in the Widener <strong>Law</strong> Journal(2008). An article entitled “AnEmpirical Assessment <strong>of</strong> Early OfferReform for Medical Malpractice,” byO’Connell, Joni Hersch, W. Kip Viscusi(both <strong>of</strong> Vanderbilt <strong>Law</strong> <strong>School</strong>)appeared in the Journal <strong>of</strong> LegalStudies. In May, O’Connell lectured at46 | UVA <strong>Law</strong>yer • fall • 2008


FacultyBriefsthe Beazley Institute for Health <strong>Law</strong> &Policy, Loyola <strong>University</strong> Chicago <strong>Law</strong><strong>School</strong>, on medical malpractice lawreform.In May, DotanOliar presented“The Emergence<strong>of</strong> IntellectualProperty Normsin Stand UpComedy”(co-authoredwith Chris Sprigman) at a conference,Intellectual Production WithoutIntellectual Property, at Harvard’sRadcliffe Institute, at Tel-Aviv<strong>University</strong> and Hebrew <strong>University</strong> inIsrael, at the annual conference <strong>of</strong> theAmerican <strong>Law</strong> and EconomicsAssociation at Columbia <strong>Law</strong> <strong>School</strong>,as well as at the Intellectual PropertyScholars Conference at Stanford<strong>University</strong> in August. The paper iscoming out in <strong>Virginia</strong> <strong>Law</strong> Review inDecember.In June, RobertO’Neil wasmade a Fellow<strong>of</strong> the NationalAssociation <strong>of</strong>College and<strong>University</strong>Attorneys inrecognition <strong>of</strong> contributions to thatorganization and to higher educationlaw over many years. O’Neil alsolectured at the <strong>University</strong> <strong>of</strong> Illinois-Urbana Champaign.O’Neil has been asked to serveon the editorial board <strong>of</strong> NACUA’smajor publication, the Journal<strong>of</strong> College & <strong>University</strong> <strong>Law</strong>, forwhich he has written over the years.He also addressed the summerworkshop <strong>of</strong> CHEA, the Council onHigher Education Accreditation, onAccreditation and Academic Freedom,and chaired a panel at the NACUAAnnual Meeting on the role <strong>of</strong> the<strong>University</strong> Attorney in protectingAcademic Freedom. O’Neil also coeditedfor NACUA the Compendiumon Free Speech in Higher Education,published in August.In September, O’Neil was honoredwith the Diversity Pioneer Awardfrom the Council on Legal EducationOpportunity (CLEO) on the 40thanniversary <strong>of</strong> that organization,which has been the principal source<strong>of</strong> support and guidance for minoritylaw students.In October, O’Neil lectured atNew York <strong>University</strong> and the New<strong>School</strong> in New York. This comingspring semester he will be a VisitingPr<strong>of</strong>essor at the <strong>University</strong> <strong>of</strong> Texas<strong>School</strong> <strong>of</strong> <strong>Law</strong> in Austin, teachinga course in Constitutional <strong>Law</strong> <strong>of</strong>Church and State.Dan Ortizfinished a shortpiece called “Geta Life,” whichwill be publishedby Georgetown<strong>Law</strong> Review. Healso argued acase, Vaden v. Discover Bank, for theSupreme Court Litigation Clinic in theUnited States Supreme Court onMonday, Oct. 6.Tom Nachbarand GlenRobinsoncompleted acasebook,CommunicationsRegulation, forThompson-West.It will be published this year and beavailable for spring semester classes.Nachbar’s article, “The PublicNetwork,” will be appearing inComm<strong>Law</strong> Conspectus. He haspresented the article as a paper severaltimes at different law schools.Nachbar is taking a research leavefrom the <strong>Law</strong> <strong>School</strong> this semester, afterbeing mobilized to active duty for afive-month tour at the Judge AdvocateGeneral’s Legal Center and <strong>School</strong>.He is spending the time focusing onissues related to establishing the rule<strong>of</strong> law in the context <strong>of</strong> U.S. militaryinterventions, and especially as anelement <strong>of</strong> counterinsurgency. Inaddition to working on Army rule <strong>of</strong>law and stability operations doctrine,Nachbar is helping to reorganize theJAG <strong>School</strong>’s classes on rule <strong>of</strong> lawand working with other organizationswithin government on how to addressthis problem.Nachbar has just sent to theprinter the 2008 edition <strong>of</strong> a bookhe edits, The Rule <strong>of</strong> <strong>Law</strong> Handbook:A Practitioner’s Guide for JudgeAdvocates. This is the second edition<strong>of</strong> the handbook (Nachbar was aneditor on the first edition as well), andit has already grown to become one <strong>of</strong>the most popular publications fromthe JAG <strong>School</strong>.UVA <strong>Law</strong>yer • fall • 2008 | 47


FacultyBriefsThis spring,Mimi Rileypresented “ThePublicEnvironment inWhich WeWork” to theAnnual IACUCConference — Ethics and Compliancein Animal Care and Use Programs:Current Challenges and FutureDirections, Public Responsibility inMedicine and Research, in Atlanta;and “Societal Expectations: Ethics,Politics, Opinion and Policy,” atCommunication and Collaboration:An International Forum for AnimalResearch Policy in Washington, D.C.GeorgeRutherglen’sarticles, “StateAction, PrivateAction, and theThirteenthAmendment,”will appear inthe <strong>Virginia</strong> <strong>Law</strong> Review; “BeyondBalancing: Free Speech by PublicEmployees in Remedial Perspective,”will appear in the Journal <strong>of</strong> <strong>Law</strong> andPolitics; and “Textual Corruption inthe Civil Rights Cases,” will appear inthe Journal <strong>of</strong> the Supreme CourtHistorical Society.In addition, Rutherglen is workingon a book on the history <strong>of</strong> the firstCivil Rights Act, Slavery, Freedom, andCivil Rights: The Neglected History <strong>of</strong> theCivil Rights Act <strong>of</strong> 1866. In his capacityas former director <strong>of</strong> the GraduateProgram for Judges, Rutherglenappeared in November at the Summitfor Appellate Judges, <strong>Law</strong>yers and StaffAttorneys held in Phoenix.In September,Jim Ryan ’92gave a speech inTokyo to theJapanese-American LegalSociety on“VoluntaryIntegration and Affirmative Action.”In October, he presented apaper, “The Real Lessons <strong>of</strong> <strong>School</strong>Desegregation,” at a Conference onCourts and Education sponsored bythe American Enterprise Institute andthe Thomas B. Fordham Foundation.The conference papers will ultimatelybe published by Brookings Press.Ryan has also written twoarticles, “Charter <strong>School</strong>s and PublicEducation,” for the Stanford Journal<strong>of</strong> Civil Rights and Civil Liberties(forthcoming 2008); and “Standards,Testing, and <strong>School</strong> Finance Litigation”in the Texas <strong>Law</strong> Review (2008).The Italiantranslation <strong>of</strong>Fred Schauer’s2003 book,Pr<strong>of</strong>iles,Probabilities,and Stereotypes(Harvard<strong>University</strong> Press), has just beenpublished by il Mulino (Bologna),under the title <strong>of</strong> Di Ogni Erba unFascio: Generalizzazioni, Pr<strong>of</strong>ili,Stereotipi nel Mondo della Giustizia.Schauer co-organized a conferenceon evidence and philosophy atDartmouth College in June. Thepapers presented at the conference,including his own “Toward aRule-Based Evidence <strong>Law</strong> — AndEpistemology Too,” will be publishedin the fall in Episteme, a journal <strong>of</strong>social epistemology.Schauer spoke at a Conferenceon Rights, <strong>Law</strong>, and Morality atOxford in September. The paper hepresented, “Subsumption, Deduction,and the Role <strong>of</strong> the Text,” will bepublished by the Oxford <strong>University</strong>Press. His paper, “Hohfeld’s FirstAmendment,” originally presentedat a conference honoring JeromeBarron, has published in the GeorgeWashington <strong>Law</strong> Review. “Abandoningthe Guidance Function: Morse v.Frederick,” was published in theSupreme Court Review; “A CriticalGuide to Vehicles in the Park,” part <strong>of</strong>a Symposium on the 50th anniversary<strong>of</strong> the Hart-Fuller debate, waspublished in the New York <strong>University</strong><strong>Law</strong> Review; and “Authority andAuthorities” was published in the<strong>Virginia</strong> <strong>Law</strong> Review.Schauer also presented “WhyPrecedent in <strong>Law</strong> (and Elsewhere) isNot Totally (or Even Substantially)About Analogy,” at the AnnualSummer Interdisciplinary CognitiveScience Conference in Madonna diCampiglio, Italy, in July. The paperwas published in Perspectives onPsychological Science. He also presentedchapters from forthcoming ThinkingLike a <strong>Law</strong>yer: A New Introduction toLegal Reasoning (Harvard <strong>University</strong>Press 2009) at the <strong>University</strong> <strong>of</strong>Pennsylvania <strong>Law</strong> <strong>School</strong>.48 | UVA <strong>Law</strong>yer • fall • 2008


FacultyBriefsRichardSchragger’sarticle, “Cities,EconomicDevelopment,and the FreeTradeConstitution,”appeared in the September <strong>Virginia</strong><strong>Law</strong> Review. He was a keynote speakerin October at the “Cities on theCutting Edge” Conference, sponsoredby the Center for State and LocalGovernment <strong>Law</strong> at Hastings <strong>Law</strong><strong>School</strong>. This fall, Schragger is aVisiting Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong> at NYU <strong>Law</strong><strong>School</strong> and in the spring he’ll be theSamuel Rubin Visiting Pr<strong>of</strong>essor <strong>of</strong><strong>Law</strong> at Columbia <strong>Law</strong> <strong>School</strong>. Hisarticle, “The Last Progressive: JusticeBreyer, Heller, and ‘Judicial Judgment’”is appearing in a Novembersymposium on the Second Amendmentin the Syracuse <strong>Law</strong> Review.MicahSchwartzmanpublished anessay in <strong>Virginia</strong><strong>Law</strong> Review on“JudicialSincerity” inJune.Schwartzman gave a talk about thepaper to VLR’s “Meet the Author”lecture series in April.Gil Siegal,Michelle M.Mello, andDavid M.Studdert,published“AdjudicatingSevere BirthInjury Claims in Florida and <strong>Virginia</strong>:The Experience <strong>of</strong> a LandmarkExperiment in Personal InjuryCompensation,” in the AmericanJournal <strong>of</strong> <strong>Law</strong> & Medicine(forthcoming 2008).In September,Paul Stephan ’77spoke at aconference atVanderbilt <strong>Law</strong><strong>School</strong> on newtrends ininternational lawscholarship and presented his paper“Privatizing International <strong>Law</strong>.” He alsopresented a paper at a workshop atDuke <strong>Law</strong> <strong>School</strong> focusing on thedomestic enforcement <strong>of</strong> treaties. Thepaper is on treaties as delegations <strong>of</strong>authority to the Executive. He alsotestified as an expert witness in acriminal case in the Southern District <strong>of</strong>New York, United States v. Kozeny et al.,on the issue <strong>of</strong> the law <strong>of</strong> Azerbaijanwith respect to bribery <strong>of</strong> government<strong>of</strong>ficials.In October, Stephan attendedthe World Public Forum at Rhodes,Greece, and presented a paper ondialog and international cooperationin fighting corruption.In March at the <strong>Virginia</strong> Tax StudyGroup meeting at the <strong>Law</strong> <strong>School</strong>,George Yin presented a proposal toreform the taxation <strong>of</strong> foreign directinvestment by U.S. taxpayers. (Seepage 50)In May, Yin participated in a panelat the American Bar Association TaxSection meeting in Washington, D.C.,to discuss the evolution <strong>of</strong> the taxlegislative process.In June, Yin presented aninternational tax reform proposal to theInternational Tax Policy Forum, a D.C.-based group <strong>of</strong> about 40 U.S.-basedmultinationals whose primary purposeis to promote education and research onthe taxation <strong>of</strong> cross-border investment.In August, he participated in a MillerCenter program sponsored by UVA’snew Batten <strong>School</strong> <strong>of</strong> Public Policy onpublic policy work in D.C.In September, Yin presented his draftpaper, “Temporary-Effect Legislation,Political Accountability, and FiscalRestraint,” to a tax policy colloquium atLoyola <strong>of</strong> Los Angeles <strong>Law</strong> <strong>School</strong>. Hepresented the same paper in October toa faculty workshop at the <strong>University</strong> <strong>of</strong>San Diego <strong>Law</strong> <strong>School</strong>, and a tax policycolloquium at <strong>University</strong> <strong>of</strong> Pennsylvania<strong>Law</strong> <strong>School</strong> in Philadelphia. Also inOctober, Yin participated in a programon progressive consumption taxesjointly sponsored by the AmericanEnterprise Institute and the TaxFoundation, Washington, D.C.In November, Yin will be theluncheon speaker at a Tax Institutesponsored by the <strong>University</strong> <strong>of</strong> Texas<strong>Law</strong> <strong>School</strong> on tax reform proposals inthe new Administration. Yin continueswork as member <strong>of</strong> the IRS’s AdvisoryCouncil.UVA <strong>Law</strong>yer • fall • 2008 | 49


FacultyBriefsThe <strong>Virginia</strong> Tax Study GroupIN MARCH, the <strong>Virginia</strong> Tax StudyGroup, coordinated by Tom White andGeorge Yin held its annual meeting atthe <strong>Law</strong> <strong>School</strong>. Original organizers whohave remained active since the group’s<strong>format</strong>ion include Mort Caplin ’40 andRod DeArment ’73.The <strong>Virginia</strong> Tax Study Group wasorganized by Emeritus Pr<strong>of</strong>essor Edwin Cohen ’36 in 1992 toprovide a forum for education and tax policy debate for the<strong>Law</strong> <strong>School</strong>’s many outstanding tax alums in private practice,government, and academia.From then until 2006, the Study Group met twice a year atthe <strong>Law</strong> <strong>School</strong>. After Cohen died in January 2006, the VTSG wasreorganized and now meets once a year. The basic <strong>format</strong> for eachmeeting has followed the pattern established by Cohen when hebegan this tradition, focusing on important issues <strong>of</strong> the day forthe tax system and with all <strong>of</strong> the discussions strictly <strong>of</strong>f the recordin order to promote a full and free exchange <strong>of</strong> views. As was thecase then, the day includes luncheon with a talk by a prominenttax pr<strong>of</strong>essional and a reception and supper buffet after themeeting has concluded.The 2008 meeting began with the usual “DC panel” consisting<strong>of</strong> Mort Caplin, Rod DeArment, and Cecily Rock <strong>of</strong> the JointCommittee on Taxation, who shared with the group what could beexpected in the tax area during the forthcoming year. The balance <strong>of</strong>the day’s program was devoted to discussion <strong>of</strong> major tax policyissues that will need to be addressed after the 2008 elections. Onepanel focused specifically on the unsettled state <strong>of</strong> the law relating toestate and gift taxation and corporate dividends. The panel discussedthe pros and cons <strong>of</strong> various alternatives available to policymakers.Pr<strong>of</strong>essor Karen Burke <strong>of</strong> the <strong>University</strong> <strong>of</strong> San Diego <strong>Law</strong> <strong>School</strong>led this session and she was joined by <strong>Law</strong> <strong>School</strong> pr<strong>of</strong>essor MildredRobinson, Ronald Aucutt <strong>of</strong> the McGuireWoods firm, and Pr<strong>of</strong>essorGrayson McCouch, also <strong>of</strong> the <strong>University</strong> <strong>of</strong> San Diego <strong>Law</strong> <strong>School</strong>.A second panel discussed thepossibility <strong>of</strong> reforming the “outboundtaxation” rules, the tax treatment <strong>of</strong> U.S.taxpayers making direct investmentsoutside the U.S. This issue was addressedby President Bush’s tax reform panel andcontinues to be a point <strong>of</strong> controversy inthe national public policy debate. GeorgeYin led this discussion and he was joined by Pr<strong>of</strong>essor ReuvenAvi-Yonah <strong>of</strong> the <strong>University</strong> <strong>of</strong> Michigan <strong>Law</strong> <strong>School</strong>, Eric Solomon’78, the Assistant Secretary <strong>of</strong> the Treasury for Tax Policy, and WillardTaylor <strong>of</strong> Sullivan & Cromwell.A final panel considered the possible interaction betweenhealth care reform and tax reform, asking if the new Administrationmight take up both issues together and, if so, how? Leading thisdiscussion was Len Burman <strong>of</strong> the Urban Institute who was assistedby Alan Viard <strong>of</strong> the American Enterprise Institute.The group welcomed two speakers during lunch. Dean PaulMahoney shared his thoughts about the future <strong>of</strong> the <strong>Law</strong> <strong>School</strong>and the important role <strong>of</strong> the Study Group and Ed Kleinbard,Chief <strong>of</strong> Staff <strong>of</strong> the Joint Committee on Taxation, discussed hisexperiences and reactions during the first six months <strong>of</strong> his tenureon Capitol Hill.The meeting was well attended by members and friends<strong>of</strong> the group, faculty members from neighboring law schools,representatives from various parts <strong>of</strong> government, and a number<strong>of</strong> current students. Short background papers on each <strong>of</strong> themeeting’s sessions are circulated to all attendees roughly twoweeks in advance <strong>of</strong> the meeting and these papers and selectedcommentary are published in the <strong>Virginia</strong> Tax Rev iew.The meetings have seen record attendance in recent years.The next meeting will be held on Friday, April 3, 2009. MichaelGraetz ’69 is expected to address the group at lunch. For furtherin<strong>format</strong>ion, please contact Teri Johnson (tlj3a@virginia.edu), TomWhite (trw@virginia.edu), or George Yin (gyin@virginia.edu).50 | UVA <strong>Law</strong>yer • fall • 2008


Scholar’s CornerMOST LEGAL SCHOLARSHIPtoday takes place outsidethe public view — in facultyworkshops, conferences, andacademic journals. The bestwork being done at <strong>Virginia</strong>and at other top schoolsexamines the consequences <strong>of</strong>legal rules in a way that invitesJohn Monahanunderstanding — and, whenappropriate, change. In thisway, the practice <strong>of</strong> law and the production <strong>of</strong> legal scholarshipare very much alike. They both require a broad view <strong>of</strong> theproblem combined with a ceaseless curiosity in teasing outevery material issue.John Monahan, a psychologist, joined the <strong>Law</strong> <strong>School</strong>faculty in 1980. He now holds the John S. ShannonDistinguished Pr<strong>of</strong>essorship in <strong>Law</strong>. A leading researcher onviolence, mental disorder, and risk assessment, Monahan hasdirected two MacArthur Foundation funded projects on mentalhealth and the law. He is the author or editor <strong>of</strong> 15 books andhas written more than 200 articles and chapters. Monahan’swork has been cited frequently by courts, including theCalifornia Supreme Court in the landmark Taras<strong>of</strong>f v. Regentsand the United States Supreme Court in Barefoot v. Estelle, inwhich he was referred to as “the leading thinker on the issue” <strong>of</strong>violence risk assessment.In the following excerpt Monahan trains his sights on the<strong>Law</strong> <strong>School</strong> Class <strong>of</strong> 1990, members <strong>of</strong> which he originallysurveyed in 1987 during their first year at the <strong>Law</strong> <strong>School</strong>.Two decades later, Monahan and his co-author surveyedthem again for a fascinating analysis <strong>of</strong> how their careers haveunfolded since.<strong>Law</strong>yers at Mid-Career:A 20-Year LongitudinalStudy <strong>of</strong> Job and LifeSatisfactionJohn Monahan and Jeffrey W. SwansonJournal <strong>of</strong> Empirical Legal Studies (in press).Available at http://ssrn.com/abstract=1268948This article reports an empirical study <strong>of</strong> lawyersatisfaction that differs from the bulk <strong>of</strong> existingresearch on this topic in three fundamentalways — the first two methodological and the thirdsubstantive. First, this study is longitudinal — the samerespondents were extensively studied during the three-yearcourse <strong>of</strong> their legal education, and again 20 years after theybegan law school, permitting performance on a number<strong>of</strong> factors relevant to satisfaction to be studied over time.Second, this study achieved a response rate that is unusuallyhigh — high enough to obviate most concerns withsample bias. Finally, this study is the first to our knowledgeto simultaneously measure the predictors <strong>of</strong> lawyers’satisfaction with their careers and the predictors <strong>of</strong> lawyers’satisfaction with their lives more broadly….One class <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Virginia</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>was studied between their matriculation in 1987 and theirgraduation in 1990. All 360 living graduates <strong>of</strong> this classwere contacted in 2007, with a response rate <strong>of</strong> 72.2% ….We highlight five <strong>of</strong> what we take to be the principalfindings <strong>of</strong> this research. In each case, we give three briefbut representative quotes from the comments that ourrespondents gave to the final open-ended question on thesurvey, inviting “any comments, reflections, or advice youhave to share with law students regarding a career in law orregarding life more generally.”UVA <strong>Law</strong>yer • fall Fall • 2008 | 51


Scholar’sCornerA. LAW GRADUATES TAKE MANY DIVERSE CAREERPATHS:■ 17 years after graduation, no single setting accounts forthe employment <strong>of</strong> more than one-quarter <strong>of</strong> the lawyersstudied here■ Most (85%) graduates have changed jobs at least once,and half have changed jobs at least twice■ One-quarter <strong>of</strong> the law graduates who are currentlyworking full-time are no longer practicing as lawyers“Starting <strong>of</strong>f at a large firm is a great way to developas a lawyer. If you are willing to trade-<strong>of</strong>f somesalary after getting a few years, there are somewonderful in-house opportunities in the nonpr<strong>of</strong>itsector. Many will provide some <strong>of</strong> the mostsophisticated, challenging and satisfying law jobsaround.”“I hope law school grads understand that the skillsand knowledge they gain in law school can beapplied to a lot more than the practice <strong>of</strong> law. I havecombined my experience as an engineer, as a lawyer,and as a businessman to arrive at a satisfying careeroutside <strong>of</strong> a traditional legal career.”“I would tell current students to not be afraid totry unusual places or ways in which to practicelaw. I would have never pictured myself as a solopractitioner in a poor area <strong>of</strong> rural <strong>Virginia</strong>, butoverall I am extremely satisfied with life andpractice here …. I can raise my show dogs, go to the<strong>of</strong>fice in shorts, and still face exciting challenges andintellectual stimulation in my practice.”B. GENDER DIFFERENCES IN THE PERSONALAND PROFESSIONAL LIVES OF LAWYERS AREPERVASIVE:■ in women graduates are much more likely than mento have a spouse or partner who is employed full-timeoutside the home (77% v 24%)■ women graduates are much less likely than men to beemployed full-time themselves (61% v 99%)■ This gender difference in law graduates’ full-timeemployment is largely accounted for by having childrenat home■ Even given the above, two-thirds <strong>of</strong> the women with twochildren at home are working full-time■ Women earn significantly less than men, even controllingfor employment setting, hours worked, and many otherfactors“After years <strong>of</strong> practicing law in private firms, Ibelieve it is incredibly difficult to have a career andraise a family. Many women my age agree. Theidea that we could ‘have it all’ sounded great, but itdoesn’t really work out that way.”“<strong>Law</strong> firms are still very difficult places for womenlawyers. Most <strong>of</strong> the partners are men who havewives who stay at home and it creates a very difficultplace to practice law in a sophisticated way whilebalancing that with family responsibilities. I findthat most <strong>of</strong> my male partners do not see theirchildren during the week; for me, that is not anoption that I would ever exercise.”“To be successful, you have to accept that your careerwill consume a much greater percent <strong>of</strong> your lifethan most ‘jobs.’ You have to have a good supportsystem; forget the idea that you can do it all superbly(e.g., my husband does all the cooking and is proud<strong>of</strong> my success). The more valuable you are, the moreflexibility you will have to negotiate a work schedulethat works for you.”C. WORKING CONDITIONS AT LARGE PRIVATELAW FIRMS ARE A PROBLEM — PERHAPS THEPROBLEM — FOR MANY LAWYERS:■ Most law graduates studied here (58%) start <strong>of</strong>f in large firms■ Half <strong>of</strong> the graduates who start <strong>of</strong>f in large firms leave togo to a different type <strong>of</strong> employer■ The half that remain in large firms have lower job and lifesatisfaction than other lawyers■ And yet, “only” 20% <strong>of</strong> the graduates who remain in largefirms are dissatisfied with their lives52 | UVA <strong>Law</strong>yer • fall Fall • 2008


Scholar’sCorner“Life in a private law firm is very demanding.Unless you love it, there is a soul-sucking quality. Iwould not encourage my own children to go into lawunless they love it.”“UVA law degree, education, training: good. Slavishcompulsion to follow the crowd and work in as big alaw firm as possible: bad.”“I’ve found the practice <strong>of</strong> law — even practiceat a large firm — to be far more satisfying andintellectually stimulating than I imagined it wouldbe when I graduated.”D. OVERALL, LAWYERS’ CAREER SATISFACTION ISHIGH:■ 81% are satisfied with the decision to become a lawyer■ 85% are satisfied with how well UVA prepared them■ 93% are satisfied with how UVA benefitted their careers■ 81% score 5 or higher on a 7-point scale <strong>of</strong> satisfactionwith their job setting■ While men score significantly higher than women in the“balance” between their work and personal or familylives, there is no significant overall gender difference injob satisfactionE. OVERALL, LAWYERS’ LIFE SATISFACTION IS HIGH:■ 86% are at least “satisfied” with their lives■ 68% are “highly” or “very highly satisfied” with their lives■ There is no significant gender difference in lifesatisfaction“<strong>Law</strong> is extremely rewarding. The intellectualchallenge is a reward in itself. My practice is awindow into human nature. It is unseemly at times,but by comparison with other people, my life iswonderful.”“Private practice is not for everyone, andgovernment practice provides a great opportunityfor better work/life balance. I don’t make as muchmoney as my private-practice peers, but I have agreat quality <strong>of</strong> life with my family.”“I am a partner at mid-sized firm in a mid-sizedtown. I control my own practice. I have four kidsand I put them to sleep almost every night. I coach asoccer team and a baseball team. It’s a great life.”“Among people who have chosen a career as anattorney, I am one <strong>of</strong> the luckiest people alive. Thefirm I found is fantastic. I am paid extremely well,have significant control over what work I do, and Iwork very reasonable hours.”“An old Greek definition <strong>of</strong> happiness is ‘vital powersexercised along lines <strong>of</strong> excellence in a life thataffords them scope.’ This describes the joy I get fromthe practice <strong>of</strong> law as a partner in a 21st century lawfirm.”“A career in law can be very rewarding andfulfilling. However, law firms need to make ita priority to improve the quality <strong>of</strong> life <strong>of</strong> theirassociates and partners.”UVA <strong>Law</strong>yer • fall Fall • 2008 | 53


ClassNotesLabor <strong>Law</strong> Pioneeran Eyewitness to Historyby Alison WhiteEARLE K. SHAWE ’34, who attended classes in both Minor Hall and Clark Hall, wasa pioneer in the labor law movement. He began practicing in the 1930s, when laborlaw was in its infancy, as the youngest trial attorney in the legal division <strong>of</strong> the newlyformed National Labor Relations Board. In one case, Shawe represented employees <strong>of</strong>Bethlehem Steel in a labor relations dispute. The case found its way into an October1938 Fortune magazine article pr<strong>of</strong>iling the new, and controversial, NLRB. The articlenoted how the NLRB had to rely on bright, new untested lawyers, and as an example,cited a hearing where “the assembled might <strong>of</strong> the great New York law firm <strong>of</strong> Cravath,de Bersdorff, Swaine & Wood — counsel,associate counsel, and assistants — founditself opposed by one skinny youth, a<strong>Virginia</strong>n named Earle Shawe, looking for allthe world like a high-school valedictorian.”After the passage <strong>of</strong> the Taft-HartleyAct in 1947, Shawe left the NLRB andentered private practice. He founded Shawe& Rosenthal, a Baltimore firm that for thelast 61 years has represented employersnationwide in all aspects <strong>of</strong> labor andemployment law. Shawe’s career led him toendow the Earle K. Shawe Pr<strong>of</strong>essorship inEmployment <strong>Law</strong> in 1996.Shawe says he is proud to haveattended the <strong>Law</strong> <strong>School</strong> at a time whenit brought in talented young pr<strong>of</strong>essors such as Leslie H. Buckler and Garrard Glenn.He recalls trying cases before U.S. Fourth Circuit Judge Armistead M. Dobie 1904,his former pr<strong>of</strong>essor and dean. Shawe recently donated to the <strong>Virginia</strong> Arthur Morris<strong>Law</strong> Library memoranda, briefs, photographs, and news clippings about many <strong>of</strong> thecases he has handled over the years. He also participated in an oral history project nowavailable in the <strong>Law</strong> Library’s special collections. Shawe tells a story rich in detail aboutthe birth and development <strong>of</strong> labor law, which reveals how he influenced the field asmuch as it came to define his life.1948S. Eason Balch is counsel to the law firm<strong>of</strong> Balch & Bingham, which he joined asan associate in March 1948 when it wasknown as Martin, Turner, & McWhorterin Birmingham, Ala. There were 10 otherlawyers in the firm when he became anassociate. The firm now has more than250 lawyers with <strong>of</strong>fices in Birminghamand Montgomery, Ala., Atlanta, Ga.,Gulfport and Jackson, Miss., andWashington, D.C.1950Edward M. Selfe is ranked numberthree in the United States for Men’s 85and older singles by the U.S. TennisAssociation for 2007.1957John Corse and his wife, Muffet,sent a special letter <strong>of</strong> thanks to all <strong>of</strong>their classmates and friends from the“wonderful Class <strong>of</strong> 1957” upon theoccasion <strong>of</strong> John stepping down as classmanager after years <strong>of</strong> record-breakingachievements for the class. The couplewas awed by the recognition from theirfriends. John and Muffet look forwardto continued “laughing and sharingheartwarming reunions” both inCharlottesville and wherever their friendsmay gather.Janet Rowe Dugan has enjoyed spendingtime with <strong>Law</strong> <strong>School</strong> friends andclassmates recently. She shared dinnerwith Barbara Coppeto ’58, attended apool party with Frank Norton ’58, andUVA <strong>Law</strong>yer • Fall • 2008 | 55


ClassNotesWANTED:A few good annual giving volunteersJoin the <strong>Law</strong> <strong>School</strong>’s volunteer team.played golf with Buzzy Wilkinson ’62.She’s still trying to convince Janet LauckBlakeman to visit her in Florida.1958Contact Helen M. Snyder ’87helensnyder@virginia.edu434-924-4668Murray Falk has been appointedan administrative law judge for theArizona Department <strong>of</strong> TransportationMotor Vehicle Division. He will servein several <strong>of</strong>fices throughout the state.Falk practiced law in the Los Angeles,Calif., area for 20 years before movingto Arizona in 2002. He served as anAssistant United States Attorney for theDistrict <strong>of</strong> Massachusetts during theKennedy administration and later as aSpecial Trial Judge <strong>of</strong> the United StatesTax Court after practicing tax law in NewYork City and Boston. He is a veteran<strong>of</strong> the Korean War and was awarded theBronze Star for his service as an artillery<strong>of</strong>ficer in the 3d United States InfantryDivision in that conflict. A native <strong>of</strong>Massachusetts, he is married to MargieKarsh, formerly <strong>of</strong> Denver.Joseph Hilton is a senior managingdirector at Grubb & Ellis and member <strong>of</strong> ateam that focuses on doing business withChina.Capt. Ferdinand L. Salomon, USN (Ret.),writes that his grandson, Christopher L.Salomon, received his “Wings <strong>of</strong> Gold”as a naval aviator in March and will flya Seahawk Helicopter out <strong>of</strong> San Diego,Calif. Chris is a fourth generation naval<strong>of</strong>ficer. Salomon is <strong>of</strong>ficially retired fromthe practice <strong>of</strong> law and enjoys golf, trapshooting, riding his Harley Davidson, andtraveling.1959Reunion YearAfter 27 happy years <strong>of</strong> living and sailingon Maryland’s Eastern Shore, HarwoodMartin has moved back to Washington,D.C. He remains very involved with theU.S. Coast Guard Auxiliary.1960Thomas A. DeLong recently had his bookMadame Chiang Kai-shek and Miss EmmaMills: China’s First Lady and her AmericanFriend published by McFarland & Co.The book is based largely on the unsealedletters and journals <strong>of</strong> Madame Chiang’sclosest American friend — her Wellesleyclassmate <strong>of</strong> 1917, Emma Mills. (See InPrint)Rust E. Reid is the recipient <strong>of</strong> the 2008Distinguished Probate <strong>Law</strong>yer LifetimeAchievement Award presented by the RealEstate, Probate & Trust <strong>Law</strong> Section <strong>of</strong>the State Bar <strong>of</strong> Texas. The award, givenin recognition <strong>of</strong> his 48-year career, waspresented during the State Bar’s AdvancedEstate Planning and Probate Course onJune 11 in Dallas. Reid is with Thompson& Knight and focuses his practice onestate planning, probate, and fiduciaryadministration in the Dallas, Tex., <strong>of</strong>fice.1961Hoyt Wheeler was awarded a FulbrightDistinguished Chair at J. W. Goethe<strong>University</strong> <strong>of</strong> Frankfurt am Main, Faculty<strong>of</strong> <strong>Law</strong>, 2005–2006.1963Since April 2006, Henry Lord has beenchairman and president <strong>of</strong> the Societyto Preserve H.L. Mencken’s Legacy,Inc. The organization’s sole corporatepurpose is to acquire title from the City<strong>of</strong> Baltimore to the 1883 row house onUnion Square (both are on the NationalRegister <strong>of</strong> Historic Places), where the“Sage <strong>of</strong> Baltimore” lived for 68 <strong>of</strong> hisnearly 76 years and wrote everythingunder the sun, from newspaper columnsto dozens <strong>of</strong> books to 100,000-plusletters. The house has been vacant,empty, unfunded, and threatened for 15years. The group will restore it at theirexpense in a historically accurate fashion,recover all <strong>of</strong> its original furnishings andcollections, and re-open it to the publicas a splendid house museum in perhapsthree years. In addition to this work inhistoric preservation, Lord just completedtwo four-year terms on the board <strong>of</strong> the<strong>School</strong> for the Arts, a highly selectivecharter public school.Griffith Pitcher initially practiced taxand corporate law, but in the mid-1970she became a municipal bond lawyer. He isTELL US THE important things that happen in your life! We welcome submissions for inclusion in Class Notes. Online, submit them at www.law.virginia.edu/alumni; E-mail them to lawalum@virginia.edu; mail them to UVA <strong>Law</strong>yer, <strong>University</strong> <strong>of</strong> <strong>Virginia</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>, 580 Massie Road,Charlottesville, VA 22903; or fax them to 434/296-4838. Please send your submissions by February 15 for inclusion in the next issue.56 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotes<strong>of</strong> counsel in the corporate practice group<strong>of</strong> Seyfarth Shaw’s Atlanta <strong>of</strong>fice, and isnow a member <strong>of</strong> the National Association<strong>of</strong> Bond <strong>Law</strong>yers and a Fellow <strong>of</strong> theAmerican College <strong>of</strong> Bond Counsel.Elizabeth Seeley has joined Halloran& Sage’s Westport, Conn., <strong>of</strong>fice. Seeleyadvises joint ventures, closely heldbusinesses in a variety <strong>of</strong> business mattersand also represents commercial real estatedevelopers.John Strachan and his wife, Joyce, areenjoying their respite from the Alaskawinters at their home in North Carolina.They were sorry to miss the class reunionin May.1964Reunion YearWinfrey Blackburn is currently a seniorpartner with Blackburn Hundley &Domene in Louisville, Ky., which heorganized in 1995. He has co-authoreda book, The Kentucky Houses <strong>of</strong>Stratton Hammon, which won a bronzemedal in the architecture category<strong>of</strong> the Independent Book Publisher’sAssociation <strong>of</strong> America. Classmates cansee the article that mentions the award inthe May 24 Courier-Journal. (See In Print)Seward Still Practicing at 98ON AUGUST 4TH, GEORGE C. SEWARD ’36 <strong>of</strong> Seward & Kissel, turned 98 years old. Assenior counsel to the firm that bears his name, Seward maintains a regular schedule<strong>of</strong> commuting from his home in Scarsdale, N.Y., to his downtown <strong>of</strong>fice at One BatteryPark Plaza. Call him on his direct line and, generally, he will answer his own phone onthe first ring. Paula Huffell, his secretary <strong>of</strong> over 30 years, continues to be his watchfulgatekeeper.Born in Omaha, Nebraska, in 1910, Seward had a childhood that proved to bequite nomadic in nature. As a result <strong>of</strong> his father’s business, he attended school in sixdifferent states. Seward earned his undergraduate and law degrees from <strong>Virginia</strong>. Whilestill attending law school, he was admitted into the <strong>Virginia</strong> Bar, and two years later, in1937, was admitted to the New York Bar. On December 12, 1936, Seward married CarrollFrances McKay, and throughout their time together had four children, Gordon Day,Patricia McKay, James Pickett, and Deborah Carroll.From the beginning <strong>of</strong> his law career, Seward was always immensely interested inbusiness law. In 1953, he joined Meyer, Kidder, Matz & Kissel, the firm that would oneday become Seward & Kissel. In an effort to establish a successful, thriving business lawpractice, Seward became very involved in the American Bar Association, rising to Chair<strong>of</strong> the Business <strong>Law</strong> Section <strong>of</strong> the ABA.Intending to exercise his influence on a more global scale, Seward resigned fromhis position in the ABA’s House <strong>of</strong> Delegates in order to devote more time to theInternational Bar Association (London), for which he had great aspirations. In 1970, hesuccessfully founded the Section on Business <strong>Law</strong> <strong>of</strong> the IBA, which allowed individualbusiness lawyers, instead <strong>of</strong> only foundations and practices, to join.Seward’s influence in the IBA was strong. He wasawarded the title <strong>of</strong> Honorary Life President. His contributions were so great thatbeginning in the late 1980s, a series <strong>of</strong> lectures delivered by leaders from around theglobe was dedicated to him. He is a member <strong>of</strong> The American <strong>Law</strong> Institute and formerpresident <strong>of</strong> The Arts & Sciences Council <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Virginia</strong>.Michael Crimmins and his wife,Rosemary, recently spent a week in SeaPines Plantation on Hilton Head Islandwith their daughter and son-in-law,Jennifer and Stephen Keeley <strong>of</strong> the class<strong>of</strong> ’99, and their three grandchildren tocelebrate their 40th wedding anniversary.After 21 years <strong>of</strong> distinguished service,Harold “Cap” Hollenbeck retired fromthe N.J. Superior Court bench in August.Before his appointment to the bench,Hollenbeck spent decades serving thepublic <strong>of</strong> New Jersey, starting with the NewJersey General Assembly and culminatingin three terms as U.S. Representativefor New Jersey’s Ninth District. Hismost interesting assignment was on theUVA <strong>Law</strong>yer • Fall • 2008 | 57


ClassNotesSTEPHEN SALPUKAS / W&MReveley NamedPresident <strong>of</strong>William and MaryON SEPTEMBER 5, W. TAYLOR REVELEY III ’68was named president <strong>of</strong> the College <strong>of</strong> Williamand Mary in Williamsburg, Va. Reveley had beenserving as Interim President since February.Before taking the interim position, Reveleyhad served as dean <strong>of</strong> the William & Mary <strong>Law</strong><strong>School</strong> for nearly a decade. William & MaryChancellor and former U.S. Supreme Court Justice Sandra Day O’Connor said, “The newsthat the Board <strong>of</strong> Visitors <strong>of</strong> the College <strong>of</strong> William & Mary has <strong>of</strong>fered the presidency toTaylor Reveley is good news for the university.”“It has been wrenching to leave the country’s oldest law school,” Reveley said, “butthe privilege <strong>of</strong> helping to lead one <strong>of</strong> our country’s great universities is enormous. Ideeply appreciate the faith placed in me by the Board <strong>of</strong> Visitors and by the people <strong>of</strong>William & Mary writ large. Helen and I have been truly touched by the support we’vereceived over the last six months from all corners <strong>of</strong> the William & Mary community. Ithas become clear that we are all stewards <strong>of</strong> an extraordinary place.”Prior to arriving at William & Mary, Reveley practiced law at Hunton & Williamsin Richmond for 28 years and was a managing partner <strong>of</strong> the international firm fornine years. Reveley is a trustee emeritus <strong>of</strong> Princeton <strong>University</strong>, where he served onthe board for 14 years, and is a current trustee <strong>of</strong> the Andrew W. Mellon Foundation,the Carnegie Endowment for International Peace, the <strong>Virginia</strong> Historical Society, andSt. Christopher’s <strong>School</strong>. And serving as a president is not new to the Reveley family.William & Mary’s new president literally grew up on college campuses; his father,W. Taylor Reveley II, served for 14 years as president <strong>of</strong> Hampden- Sydney College.Marion and I would rather spend timetogether and with our friends, children,and grandkids around the U.S. and world.”Theodore Margolishas been named aNew Jersey Super<strong>Law</strong>yer in businesslitigation for 2008. Heis with NorrisMcLaughlin &Marcus in Somerville,N.J. A former Chief Assistant U.S.Attorney in New Jersey, he continues towork in the area <strong>of</strong> white-collar criminaldefense. He is a founder and formerchairman <strong>of</strong> Legal Network Internationaland represents companies throughout theworld.C. Willis Ritter was made a partner withGonzalez Saggio and Harlan in theirgrowing Chicago <strong>of</strong>fice and is the co-chair<strong>of</strong> their nationwide public finance practice.1966Donald M. Haddock, Sr., Chief Judge <strong>of</strong>Alexandria’s Circuit Court, now sits on theJuvenile and Domestic Relations Bench.bipartisan House Ethics Committeeduring the ABSCAM hearings. Hollenbeckwas also the prime and moving sponsor <strong>of</strong>the first POW-MIA bill honoring Vietnamveterans. After leaving Congress in themid-1980s, Hollenbeck became a member<strong>of</strong> the Fairleigh Dickinson <strong>University</strong>board <strong>of</strong> trustees.1965Richard Clemens has written a bookentitled Rescuing America: The BipartisanPath, which discusses potential bipartisansolutions to major national issues suchas Social Security, Medicare, tradepolicy, and the unsustainable trajectory<strong>of</strong> deficit spending. A retired partner <strong>of</strong>Sidley Austin, Clemens is currently aFellow <strong>of</strong> the Center on Federal FinancialInstitutions. More about the book can befound at www.bipartisanpath.com. (SeeIn Print)U.S. District Judge James P. Jones, ChiefJudge <strong>of</strong> the Western District <strong>of</strong> <strong>Virginia</strong>,was elected as a member <strong>of</strong> the JudicialConference <strong>of</strong> the United States, thepolicy-making body for the U.S. Courts.He represents the federal judges <strong>of</strong> theFourth Circuit.Bernie Long is three tax cases short <strong>of</strong>finishing his 42-year career <strong>of</strong> litigationwith the IRS. “It’s been great fun, but1967James Gillespie is fully retired andspending his winters in Tucson, Ariz., andhis summers in Stanstead, Quebec.Paul R. Verkuil was appointed interimdean for the <strong>School</strong> <strong>of</strong> <strong>Law</strong> at the<strong>University</strong> <strong>of</strong> Miami. He is senior counselwith Boies, Schiller, & Flexner and apr<strong>of</strong>essor <strong>of</strong> law at Yeshiva <strong>University</strong>’sBenjamin N. Cardozo <strong>School</strong> <strong>of</strong> <strong>Law</strong>. Heserved as dean at the Cardozo <strong>School</strong> <strong>of</strong><strong>Law</strong> from 1997–2001. Verkuil is formerpresident <strong>of</strong> the College <strong>of</strong> Williamand Mary, dean <strong>of</strong> Tulane <strong>Law</strong> <strong>School</strong>,and CEO <strong>of</strong> the American AutomobileAssociation. He is a leading scholar <strong>of</strong> lawand regulation and has published morethan 60 articles in this field.58 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotes1968Donald Greenman authored the sectionon United States law for the fourthedition <strong>of</strong> Pr<strong>of</strong>. William Tetley’s book,Marine Cargo Claims. His analysisand commentary focuses on maritimetransportation law as it applies to the U.S.He remains <strong>of</strong> counsel with Ober|Kalerin Baltimore, Md., concentrating onadmiralty matters, general litigation,commercial transactions, andinternational law issues.Edward R. Levin hasbeen recognized as aWashington, D.C.,Super <strong>Law</strong>yer by <strong>Law</strong>& Politics magazine.He is a partner in SaulEwing’s labor,employment andemployee benefits practice group andrepresents employers in labor andemployment law matters, including labornegotiations, arbitrations, and unionorganizing campaigns. He has litigatedcases involving discrimination, wrongfuldischarge, sexual harassment, and relatedclaims in state and federal courts acrossthe U.S.Bob Wright has been elected to theRAND Corporation board <strong>of</strong> trustees.Wright is vice chairman <strong>of</strong> the board,executive <strong>of</strong>ficer, and a member <strong>of</strong> thecorporate executive <strong>of</strong>fice <strong>of</strong> the GeneralElectric Company.1969Reunion YearFrederick Hodnett’s retirement in 2006 asthe assistant executive secretary, SupremeCourt <strong>of</strong> <strong>Virginia</strong>, has become part-time.During sessions <strong>of</strong> the <strong>Virginia</strong> GeneralAssembly, Hodnett has been working forthe Clerk <strong>of</strong> the Senate <strong>of</strong> <strong>Virginia</strong>. He’salso a substitute teacher in the HanoverCounty public schools. Hodnett wasappointed as a civil marriage celebrant inthe Commonwealth <strong>of</strong> <strong>Virginia</strong>.In May, at the annual meeting <strong>of</strong> the NewYork County <strong>Law</strong>yers’ Association andthe celebration <strong>of</strong> its 100th anniversary,James B. Kobak, Jr., was inducted aspresident elect. Kobak chairs HughesHubbard & Reed’s antitrust practice andpractice standards groups and has beeninvolved in a wide variety <strong>of</strong> commerciallitigations, arbitrations, and mediationsas both advocate and neutral. He ispresident <strong>of</strong> the NYCLA Foundation,overseeing the foundation’s annualand special fundraising campaigns. Hechairs the library committee and taskforce on pr<strong>of</strong>essionalism, founded theNYCLA Inn <strong>of</strong> Court and serves as itssecretary, and is a member <strong>of</strong> the NYCLAexecutive committee and pr<strong>of</strong>essionalethics committee. In March 2006, Kobakreceived the Boris Kostelanetz President’sMedal in recognition <strong>of</strong> his dedicationto NYCLA and distinguished service tothe legal pr<strong>of</strong>ession. He serves on theAmerican Arbitration Association’s panel<strong>of</strong> arbitrators, as well as the mediationand arbitration panels <strong>of</strong> the U.S. DistrictCourts for the Southern and EasternDistricts <strong>of</strong> New York. He is an adjunctassociate pr<strong>of</strong>essor at Fordham <strong>Law</strong><strong>School</strong>, where he teaches an antitrust andintellectual property course.Bernie Mikell was hired by PiperJaffray & Co. as a senior vice presidentin their Sacramento, Calif., <strong>of</strong>fice t<strong>of</strong>urther strengthen their municipalfinance banking platform and help buildthe firm’s large issuer business in theCalifornia region.1970Kenneth M. Greenehas been elected asPresident <strong>of</strong> theAmerican College <strong>of</strong>Commercial Finance<strong>Law</strong>yers. He is anattorney andshareholder withCarruthers & Roth in Greensboro, N.C.,and has focused his practice in commercialfinance, banking, and bankruptcy.Michael Shumate waselected to the Indiana<strong>University</strong> FoundationBoard <strong>of</strong> Directors.The IU Foundation isa not-for-pr<strong>of</strong>itcorporation thatserves IU by raisingfunds from the private sector and byproviding administrative services todonors and to the university. TheFoundation also manages IU’sendowment <strong>of</strong> $1.6 billion.In 1980, Shumate joined the fourthlargest international law firm, Jones,Day, Reavis & Pogue, where he practicedcorporate tax law. Additionally, he servedas the administrative partner <strong>of</strong> the firm’sLos Angeles and New York <strong>of</strong>fices and wasa member <strong>of</strong> the firm-wide managementcommittee. He retired early in 1996 andnow resides in Los Angeles. Shumate is aCPA and is a member <strong>of</strong> the Indiana CPASociety. He is also a member <strong>of</strong> the legalbar associations in the states <strong>of</strong> Indiana,California, and New York.Roger C. Wiley, Jr., received the annualTradition <strong>of</strong> Excellence Award given bythe <strong>Virginia</strong> State Bar’s General PracticeSection. The award, presented at the<strong>Virginia</strong> State Bar annual meeting in<strong>Virginia</strong> Beach in June, recognized Wileyfor his career in government law. Heserved as Charlottesville city attorney for14 years, in state government, the <strong>Virginia</strong>Division <strong>of</strong> Legislative Services, and inthe Office <strong>of</strong> Attorney General. Receivingthe award, Wiley thanked the VSB forgiving recognition that “all governmentlawyers are, in fact, real lawyers.” Heis now in private practice with Hefty &Wiley in Richmond, where he representslocal government clients and handles stateconstitutional and legislative issues.UVA <strong>Law</strong>yer • Fall • 2008 | 59


ClassNotes1971Barry C. Fitzpatrick has joined LuceForward as a partner in its family wealthand exempt organizations practice groupin the Rancho Santa Fe, Calif., <strong>of</strong>fice.He works primarily in the areas <strong>of</strong> estateplanning, wills and trusts, and estateand trust administration. Fitzpatrick is aFellow <strong>of</strong> the American College <strong>of</strong> Trustand Estate Counsel and is listed in Best<strong>Law</strong>yers in America. He is also a director<strong>of</strong> Pac West Bancorp (previously FirstCommunity Bancorp), a director <strong>of</strong> theDonald C. & Elizabeth M. DickinsonFoundation, and was the pro-bonolegal advisor to the Rancho Santa FeFoundation for 19 years.George H. Roberts,Jr., was selected asamong the Legal Elitein <strong>Virginia</strong> BusinessMagazine for 2007 inthe area <strong>of</strong> businesslaw and was named aSuper <strong>Law</strong>yer in 2007in the area <strong>of</strong> business/corporate. He isalso included the 2008 edition <strong>of</strong> Best<strong>Law</strong>yers in America. He is <strong>of</strong> counsel withWharton Aldhizer & Weaver inLexington, Va.1972The Mahoning County Bar Associationhonored Stephen Bolton with itsPr<strong>of</strong>essionalism Award in appreciationfor the integrity he has demonstratedthroughout his legal career. Bolton haspracticed with Manchester BennettPowers & Ullman <strong>of</strong> Youngstown, Ohio,since 1972. A member <strong>of</strong> the firm’s civillitigation section, Bolton concentrates hislaw practice in the areas <strong>of</strong> commerciallitigation.RISI, the leading in<strong>format</strong>ion providerfor the global forest products industry,announced that Jim Rubright <strong>of</strong>RockTenn is their CEO <strong>of</strong> the year.Rubright helped move the companythrough a major transition, transformingRockTenn into a more diversified, lowcostpaperboard packaging producer, andmade them a leader in their industry.Jeremiah L. Thomas III has joined DLBCapital in Wilton, Conn., as an advisorydirector. DLB Capital focuses mainly onfinancial services, providing expertise,capital, and on-site management, withparticular focus on the United Statesand China. Before joining DLB, Thomaswas a partner at Simpson Thacher &Bartlett, where he concentrated on generalcorporate, securities, and banking lawmatters and was in charge <strong>of</strong> managing thefirm’s relationship with JPMorgan Chase.1973Charles Adams is managing partner <strong>of</strong>Hogan & Hartson in Geneva, Switzerland,practicing worldwide in the field <strong>of</strong>international arbitration. He is one <strong>of</strong> theleading fundraisers for the Obama forAmerica campaign among U.S. citizensoverseas.In June, Eric E. Adamson was installedon the board <strong>of</strong> directors <strong>of</strong> RotaryInternational for a two-year term. Theceremony took place in Los Angeles,where 20,000 Rotarians from 176countries were in attendance.Bob Craig is a director in the Houston<strong>of</strong>fice <strong>of</strong> LECG, a global expert servicesfirm. Craig is counseling law firms and lawdepartments on various litigation issues,including meeting their needs for expertsfor testifying roles, litigation support roles,and business consultations. He also servesas a division director over Substantive <strong>Law</strong>Committees <strong>of</strong> the ABA Litigation Section.Craig retired as associate general counsel<strong>of</strong> Waste Management.Joe E. Forrester has joined the NewYork <strong>of</strong>fice <strong>of</strong> Edwards Angell Palmer &Dodge as counsel in the public financedepartment. Forrester’s practice focusesprimarily on novel tax issues withinpublic finance transactions. He has publicfinance experience as both a lawyerand as an investment banker and haspreviously served as bond counsel, specialtax counsel, underwriter’s counsel, andcorporate counsel.Pegram Johnson retired in 2007 fromWachovia’s trust department after 34years and has enjoyed every day since. Herecently visited fellow alumnus Wise Kellyin Rileyville, Va.James Merriman is the author <strong>of</strong> thenovel Gatekeepers. See jamesemerriman.com for further in<strong>format</strong>ion and apreview. (See In Print)1974Reunion YearBruce M. Stanley, Sr.,has been recognizedby Florida Super<strong>Law</strong>yers magazine as atop Florida attorneyfor 2008. He is in theFort Myers, Fla., <strong>of</strong>fice<strong>of</strong> Henderson,Franklin, Starnes & Holt. His practicefocuses on civil trial law and litigation,including cases involving medicalmalpractice, aviation, products liabilitydefense, and eminent domain.1975Tina Swent Byrd was named one <strong>of</strong> theTop 75 women litigators in California in2007 and again in 2008 by the Los Angelesand San Francisco Daily Journal. She is apartner in the Los Angeles <strong>of</strong>fice <strong>of</strong> Irell& Manella, where she focuses on complexbusiness and patent litigation.60 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesGary V. Dixon hasbeen selected forinclusion in theWashington, D.C.,Super <strong>Law</strong>yers list. Heis a founding partnerwith Ross, Dixon &Bell in Washington,D.C., where he focuses on pr<strong>of</strong>essionalliability coverage. He is also featured inLegal Times “Almanac <strong>of</strong> Leading <strong>Law</strong>yers”and The International Who’s Who <strong>of</strong>Insurance & Reinsurance <strong>Law</strong>yers 2008.L. Neal Ellis waselected a member <strong>of</strong>the North CarolinaBar Association Board<strong>of</strong> Governors, and willserve a three-yearterm.1976Peter E. Broadbent,Jr., has beenrecognized in the<strong>Virginia</strong> Super<strong>Law</strong>yers list for 2008for his practice inutilities law. The<strong>Virginia</strong> GeneralAssembly appointed him as one <strong>of</strong> twocitizen members <strong>of</strong> the <strong>Virginia</strong>Bicentennial <strong>of</strong> the American War <strong>of</strong> 1812Commission. Broadbent practicesbusiness, intellectual property,governmental, and communications lawas a partner with Christian & Barton inRichmond.Donald W. Lemons, Justice <strong>of</strong> theSupreme Court <strong>of</strong> <strong>Virginia</strong>, has joinedthe faculty <strong>of</strong> the Washington and Lee<strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> this fall asDistinguished Pr<strong>of</strong>essor <strong>of</strong> JudicialStudies. Lemons is teaching a course onappellate practice in the school’s thirdyearprogram. A distinguished juristand legal educator, Lemons has servedas a judge or justice at every level <strong>of</strong> thejudiciary in <strong>Virginia</strong>, and will remain onthe court while teaching at W&L.Luther Munford’s article on the“Peacemaker Test” was reprinted inthe 2008 Green Bay Almanac Reader, acollection <strong>of</strong> what its editors deem to be“good legal writing from the past year.”1977Stephen Earp has been named in theChambers USA 2008 listing <strong>of</strong> “America’sLeading Business <strong>Law</strong>yers” for his workin environmental law. Earp is a managingpartner with Smith Moore Leatherwoodin Greensboro, N.C.Amy B. Ginensky hasbeen appointed chair<strong>of</strong> Pepper Hamilton’scommercial litigationpractice group. She isa senior commerciallitigation partner inthe Philadelphia <strong>of</strong>ficeand leads the firm’s media andcommunications practice, which focuseson First Amendment, defamation, andother media-related areas, and alsohandles complex commercial and classaction litigation. She serves as presidentelect<strong>of</strong> the Philadelphia Bar Foundation.Eileen A. Hirsch, an Assistant StatePublic Defender in the Madison AppellateOffice <strong>of</strong> the Wisconsin State PublicDefender, is one <strong>of</strong> two recipients <strong>of</strong> thisyear’s National Legal Aid & DefenderAssociation’s Kutak-Dodds Prize. Theaward, jointly sponsored by NLADAand the Robert J. Kutak Foundation,was presented at NLADA’s annualdinner on June 11 in Washington, D.C.It honors a legal justice advocate who“has contributed in a significant way tothe enhancement <strong>of</strong> human dignity andquality <strong>of</strong> life <strong>of</strong> those persons unable toafford legal representation.” A nationallyrecognized juvenile justice advocate,Hirsch has won several landmark casesin the Wisconsin Supreme Court,protecting the rights <strong>of</strong> children andindigent defendants. Hirsch was last year’srecipient <strong>of</strong> the ABA’s Livingston HallJuvenile Justice Award.Ellis T. “Skip” Prince is the newcommissioner <strong>of</strong> the United StatesHockey League. The USHL is the onlyTier 1 amateur hockey league in theUnited States. It features some <strong>of</strong> thefinest 17 to 20-year-old hockey players notonly from the United States, but Canadaand Europe as well. Prince spent nineyears as vice president <strong>of</strong> the NationalHockey League (1991–2000), where hewas responsible for the league and teamtelevision and business operations, aswell as many <strong>of</strong> its business developmentinitiatives, including NHL International.Prince will continue in his role aspresident <strong>of</strong> the Prince Companies, aconsortium <strong>of</strong> management pr<strong>of</strong>essionalsand enterprises he started in 2004 thatfocuses on management consulting servicesto pr<strong>of</strong>essional leagues and teams, collegeconferences and member institutions, andsports-related enterprises. Prior to startinghis practice, Prince was a senior advisor tothe Canadian Football League, and from2001–2003 served as president and chiefexecutive <strong>of</strong>ficer <strong>of</strong> the Montreal Alouettes,where he oversaw the repositioning <strong>of</strong> thefranchise (and, in 2002, the club’s first GreyCup in 25 years). While in Montreal, Princewas named to a list <strong>of</strong> the “Top Ten MostInfluential People in Canadian Sport.”WANTED:A few good annual giving volunteersJoin the <strong>Law</strong> <strong>School</strong>’s volunteer team.Contact Helen M. Snyder ’87helensnyder@virginia.edu434-924-4668UVA <strong>Law</strong>yer • Fall • 2008 | 61


ClassNotes1978Over the past few years, Brad Allenby,pr<strong>of</strong>essor <strong>of</strong> civil and environmentalengineering at Arizona State <strong>University</strong>,helped create the field <strong>of</strong> industrialecology and develop design forenvironment methodologies. Heteaches earth systems engineering andmanagement and sustainable engineering.Carl Ameringer is Pr<strong>of</strong>essor <strong>of</strong> HealthPolicy & Politics at the L. Douglas Wilder<strong>School</strong> <strong>of</strong> Government and Public Affairsat <strong>Virginia</strong> Commonwealth <strong>University</strong>.His most recent book is The Health CareRevolution: From Medical Monopoly toMarket Competition (<strong>University</strong> Press).(See In Print)Ed Baxa ’78, LL.M. ’80, is a member <strong>of</strong>Foley & Larder’s management committeeand was recently appointed chairman <strong>of</strong>the firm’s national pro bono program.He lives with his wife, Susan, in WinterPark, Fla.Chancellor Pr<strong>of</strong>essor<strong>of</strong> <strong>Law</strong> Lynda L.Butler was namedinterim dean <strong>of</strong> theWilliam & Mary <strong>Law</strong><strong>School</strong> in February.She has been amember <strong>of</strong> the lawschool faculty since 1979 and has served asvice dean <strong>of</strong> the <strong>Law</strong> <strong>School</strong> since 2000.Before arriving at William & Mary, shepracticed law at Wilmer, Cutler &Pickering in Washington, D.C. Butler’sresearch and teaching focus on eminentdomain/takings, environmental law, landuse, and property law. She is facultyadvisor to the William & Mary Environmental<strong>Law</strong> and Policy Review and is amember <strong>of</strong> the coordinating committee forthe law school’s annual Brigham-KannerProperty Rights Conference.Christopher ScottD’Angelo was aspeaker at the ClaimsAdministratorsConference in SanFrancisco in February.The program, entitled“Distribution <strong>of</strong>Securities Litigation Settlements,”presented ways to improve thedistribution and processing <strong>of</strong> class actionsettlement funds through input from theSEC, federal judiciary, defense counsel,and plaintiffs counsel, as well as claimsadministrators. In April, he served as afaculty member at the Corporate CounselCollege, a program <strong>of</strong> the InternationalAssociation <strong>of</strong> Defense Counsel. Thecollege is an interactive forum thataddresses the latest legal issues <strong>of</strong> particularimportance to corporate general counseland assistant general counsel.D’Angelo is a partner in the litigationdepartment <strong>of</strong> Montgomery, McCracken,Walker & Rhoads’ Philadelphia <strong>of</strong>fice andis chairman <strong>of</strong> its products liability andmass torts practice and vice chairman <strong>of</strong>its sports, entertainment and amusementslaw practice.<strong>Law</strong>rence Foust ’78, LL.M. ’80, leftKaiser Foundation Health Plan inOakland, Calif., to become the seniorvice president and general counsel <strong>of</strong>Childrens Hospital Los Angeles.Michael Haggerty wasnamed a Super <strong>Law</strong>yerin Dallas, Tex., wherehe is the head <strong>of</strong> theJackson Walkerfinancial servicespractice group. He hasrepresented a number<strong>of</strong> financial institutions, including banks,credit companies, and insurancecompanies in connection with a variety <strong>of</strong>real estate, commercial, and corporatelending transactions.In 2007, Patrick Hamilton joined DayPitney as a partner in the Boston, Mass.,<strong>of</strong>fice, where he handles white collarcriminal defense, internal investigations,and business litigation. Leading up to hispresent position, he clerked for a federaljudge, was a litigation associate for firmsin New York City and Boston, managedcriminal justice agencies in Massachusettsstate government, and served as a federalprosecutor for almost 13 years. He and hiswife, Gretchen Hamilton (also a lawyer),have two children, Alexandra “Lexi” (8)and Zachary (5).Nancy E. Hudgins, a mediator, haslaunched a blog on civil negotiation andmediation at www.civilnegotiation.blogspot.com. She <strong>of</strong>fers tips and strategies onnegotiation and mediation and stressesputting the “civil” back into civil litigation.Debi Sanders spoke at the <strong>Law</strong> <strong>School</strong> inSeptember 2007. In October, she beganworking with Immigration Legal Services<strong>of</strong> Catholic Charities in Washington, D.C.In March, Jutta Stender-Vorwachs LL.M.received the title <strong>of</strong> Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong> atthe <strong>University</strong> <strong>of</strong> Hannover. Her specialinterests focus on media law andconstitutional law.1979Reunion YearF.B. Webster Day was named a <strong>Virginia</strong>Best <strong>Law</strong>yer for 2008. He practicescorporate law and public finance law forSpilman, Thomas, and Battle, and is themember in charge <strong>of</strong> the Roanoke <strong>of</strong>fice.John Head’s most recent books are“Losing the Global Development War”and “General Principles <strong>of</strong> Businessand Economic <strong>Law</strong>.” He recently servedas Paul Hastings Visiting Pr<strong>of</strong>essor atHong Kong <strong>University</strong>. He and his wife,Lucia Orth, still live in <strong>Law</strong>rence, Kans.,where he teaches international law at the<strong>University</strong> <strong>of</strong> Kansas. (See In Print)62 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesHugh Hill is an Assistant Pr<strong>of</strong>essor <strong>of</strong>Emergency Medicine at Johns Hopkins<strong>University</strong>. He just finished a termas chair <strong>of</strong> the advisory board forMontgomery Cares.Michael Kuhn is aTexas Super <strong>Law</strong>yerfor 2008. He is apartner in theHouston <strong>of</strong>fice <strong>of</strong>Jackson Walker andfocuses oncommercial realestate, with a particular emphasis on<strong>of</strong>fice and retail leasing, within the firm’sreal estate group. Kuhn is board certifiedin commercial real estate law by the TexasBoard <strong>of</strong> Legal Specialization, having firstreceived that designation in 1990.Robin Stiebel ismanaging attorney forthe Yonkers, N.Y.,<strong>of</strong>fices <strong>of</strong> LegalServices <strong>of</strong> theHudson Valley, anorganization thatprovides free civillegal services to poor and low-incomeindividuals and families. LSHV representsclients in the areas <strong>of</strong> housing, domesticviolence, elder law, civil rights, children’sadvocacy, disabilities, HIV/AIDS, publicbenefits, consumer law, and education.Stiebel has been with LSHV since 2001,serving as an attorney in the domesticviolence unit, then heading the children’sadvocacy unit, and working in the Protectionand Advocacy for Disabled Adults Program.Christopher R. Wall serves as theAssistant Secretary <strong>of</strong> Commerce forExport Administration. Confirmed onJune 27, Wall is the principal advisor to theBureau <strong>of</strong> Industry and Security’s UnderSecretary on dual-use export controlpolicy. He is responsible for developingand implementing policies governing theexport <strong>of</strong> dual-use items controlled fornational security, nonproliferation, andforeign policy reasons.1980John Brenner has joined the healtheffects litigation practice at PepperHamilton after 27 years with McCarter& English. He is in the firm’s Princeton,N.J., <strong>of</strong>fice.The board <strong>of</strong> directors for Alcoa haselected Donna Dabney a Vice President<strong>of</strong> the corporation. She has served asAlcoa Corporate Secretary since joiningthe company in 2000, except for a shortperiod in 2004 when she was groupcounsel for Alcoa’s former packaging andconsumer business.Peyton Mahaffey, aprincipal andpresident <strong>of</strong>McCandlish & Lillard,has been recognizedby <strong>Virginia</strong> Super<strong>Law</strong>yers magazine asone <strong>of</strong> <strong>Virginia</strong>’s topattorneys in 2008 in the category <strong>of</strong> civillitigation. Mahaffey has broad experienceas a trial lawyer and lead counsel in stateand federal cases involving business,corporate and commercial matters, aswell as arbitration and mediation. He hasbeen the principal attorney on a number<strong>of</strong> reported state and federal decisions.Mahaffey has been elected to the LegalElite since its inception in 2000, havingbeen named to the Legal Elite by <strong>Virginia</strong>Business from 2000 to 2008, toWashingtonian’s list <strong>of</strong> Top Attorneys inthe Washington Metropolitan Area in2004, and to the Super <strong>Law</strong>yers list in<strong>Virginia</strong> and the Washington, D.C., areasince and including 2006.Mahaffey has written and publisheda narrative history <strong>of</strong> his firm on theoccasion <strong>of</strong> its 100th anniversary,McCandlish & Lillard 1908–2008: 100 Years<strong>of</strong> Tradition, Innovation, and Results. (SeeIn Print)In August, Kathy Robb, a partner inHunton & Williams’ New York <strong>of</strong>fice,was featured in The Glass Hammer,an online community designed forwomen executives in financial services,law, and business. In the “Voice <strong>of</strong>Experience” pr<strong>of</strong>ile, Robb, whose practicefocuses on energy, environmental, andadministrative law, talked about herbackground, her accomplishments, andher advice for young women in law.Noted in the piece was Robb’s WaterPolicy Institute, which she createdto provide a forum for companies,government entities, and other partiesinterested in water scarcity, quality,and regulation to convene to discusssustainable solutions, both domesticallyand internationally. Robb also co-foundeda non-pr<strong>of</strong>it called the Women’s Networkfor a Sustainable Future six years ago. Theorganization was started when she andAnn Goodman wanted to help executivesput sustainability on their radar screens.Andrew M. Sacks has been electedpresident <strong>of</strong> the <strong>Virginia</strong> Trial <strong>Law</strong>yersAssociation for 2008–2009 and wasinstalled at VTLA’s annual meeting heldat the Homestead in April. He is a partnerwith his father, Stanley, in Sacks & Sacks,their Norfolk, Va., law firm. Andrewfocuses his practice on plaintiffs’ personalinjury and criminal defense.On August 1, after close to 26 years atSidley Austin, Gilles Sion joined longstandingclient, KPMG, as a principal andits deputy general counsel. At KPMG,Sion heads the transactions group in the<strong>of</strong>fice <strong>of</strong> general counsel. He will continueto be based in New York.Beat U. Steiner andEdyn Jessup ’03 havepublished CommercialLeasing in Colorado: APractical Guide(Bradford Publishing).Steiner is a partnerand Jessup anassociate in the Boulder, Colo., <strong>of</strong>fice <strong>of</strong>Holland & Hart, a firm <strong>of</strong> 450 lawyers with<strong>of</strong>fices throughout the Rocky Mountainregion. Steiner heads the firm’s resorts,UVA <strong>Law</strong>yer • Fall • 2008 | 63


ClassNoteslodging, and leisure practice group and isrecognized in Chambers USA, Best <strong>Law</strong>yersin America, and Colorado Super <strong>Law</strong>yers.(See In Print)1981John B. Boatwright, III, has been namedSpecial Capital Counsel to the <strong>Virginia</strong>Indigent Defense Commission. He wasformerly the Capital Defender for theCentral Region <strong>of</strong> <strong>Virginia</strong>.Gov. David Patterson’sappointment <strong>of</strong>Thomas C. Buckel,Jr., to the board <strong>of</strong>trustees <strong>of</strong> the State<strong>University</strong> <strong>of</strong> NewYork College <strong>of</strong>EnvironmentalScience and Forestry was confirmed bythe New York State Senate. Buckel, apartner at Hancock & Estabrook inSyracuse, is also a member <strong>of</strong> theOnondaga County Legislature.Brenda Cubbage isone <strong>of</strong> five wellknownDallasattorneys — alllong-term partners atfour major firms —who have launchedSpencer CrainCubbage Healy & McNamara(www.spencercrain.com). With a focus onlitigation, employment, immigration andmediation, the firm was founded: 1) tomeet the need <strong>of</strong> corporations focused ondiversity to hire woman-owned law firmswith the experience and pedigree tohandle substantial cases, and 2) inresponse to the desire <strong>of</strong> clients to findnimble firms more aligned with theirbusiness goals, including alternativebilling options.Matthew D’Annunzio, partner in thecommercial litigation group at BlankRome in Philadelphia, was selectedto serve on the National CredentialsCommittee as a part <strong>of</strong> the PennsylvaniaDelegation to the Democratic NationalConvention in Denver, Colo.Lora Dunlap has beennamed by FloridaTrend magazine aspart <strong>of</strong> the FloridaLegal Elite 2008.Dunlap serves clientswith complexlitigation matters,particularly in the area <strong>of</strong> securities law.She also has experience in pr<strong>of</strong>essionalliability defense and has handledappellate work in all areas <strong>of</strong> tort law. Shewas one <strong>of</strong> the founding shareholders <strong>of</strong>the firm in 1984.William Herlihy was ranked high fornatural resources law by Chambers USA.Herlihy practices with Spilman Thomas &Battle in their Charleston, W.Va., <strong>of</strong>fice.Matthew Jacobs recently joined Jenner& Block in their Washington, D.C.,<strong>of</strong>fice. Jacobs continues doing insurancecoverage work for policyholders. He waslisted by Chambers and Best <strong>Law</strong>yers inAmerica for his work.Blaine A. Lucas was named byPennsylvania Super <strong>Law</strong>yers Magazine asone <strong>of</strong> the top lawyers in Pennsylvania for2008. He is with Babst, Calland, Clementsand Zomnir in the government/cities/municipalities section <strong>of</strong> the Pittsburgh<strong>of</strong>fice. The honor was also noted inPhiladelphia magazine.David Warden joined the board <strong>of</strong>directors with InNexus Biotechnology Inc.,a drug development company. Warden isconsidered one <strong>of</strong> Houston’s top <strong>Law</strong>yersby H magazine and was recognized asone <strong>of</strong> the Texas Super <strong>Law</strong>yers in TexasMonthly magazine from 2003–2006.Warden has published many articlesduring his career, including “Trade Secretsand Patents: Comparison and Contrastsin Royalty Determination,” and “How toQuantify Trade Secrets Theft.”1982James S. Ryan III waselected as a fellow <strong>of</strong>the Texas BarFoundation. He is apartner in the Dallas<strong>of</strong>fice <strong>of</strong> JacksonWalker, specializing intransactions,corporate & securities, health care, lifeTrevor Potter and Thatcher Stone atthe opening session <strong>of</strong> the Republicanconvention in St. Paul, Minn., on LaborDay. Potter, a former chairman <strong>of</strong> theFederal Election Commission, was generalcounsel to the McCain campaign. Asgeneral counsel he was responsible for alllegal matters pertaining to the campaignand was a member <strong>of</strong> the campaign seniorstaff. Potter led a contingent <strong>of</strong> more than 20 lawyers at McCain HQ in Arlington, Va.He was on leave from Caplin & Drysdale, where he is a partner. Thatcher, CEO <strong>of</strong> XavianGroup AG, was a pr<strong>of</strong>essional volunteer to the McCain organization for the convention.He spent a week whipping platform and rules committee delegates to finalize the partyplatform and convention rules, and then assisted in floor ops during the convention.64 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotessciences, and medical technology. Ryanwas also recently named a Texas Super<strong>Law</strong>yer.Jay and Elizabeth Tannon are pleased toannounce that their daughter, Katherine,graduated from the <strong>University</strong> <strong>of</strong> <strong>Virginia</strong>in May, receiving a B.A. in history.Raymond G. Truitt has been recognizedamong the Leaders in Their Field in realestate law in the 2008 edition <strong>of</strong> ChambersUSA, America’s Leading <strong>Law</strong>yers forBusiness. He is managing partner inthe Baltimore <strong>of</strong>fice <strong>of</strong> Ballard SpahrAndrews & Ingersoll.1983The InternationalAssociation <strong>of</strong> DefenseCounsel elected JamesM. Campbell aspresident-elect <strong>of</strong> itsboard <strong>of</strong> directors forthe 2008–2009 term.Campbell is president<strong>of</strong> Campbell Campbell Edwards & Conroyin Boston, Mass. He focuses his practice oncivil litigation and the defense <strong>of</strong>catastrophic product liability, toxic tort,medical device, pharmaceutical, andnegligence matters throughout the UnitedStates. Campbell serves as trial counsel forFord, Honda, Toyota, Terex, Freightliner,Chrysler, Marriott, Crown, Mitsubishi,Kia, Isuzu, Raymond, and other majorcorporations. He is also trial counsel for avariety <strong>of</strong> insurers, including AIG,Lexington, ACE, Allianz, Tokio Marine,Sompo Japan, Church Mutual, and others.He has tried cases in 13 different states andtried more than 75 cases to verdict.Joyce Elden has been elected to a five-yearterm on the board <strong>of</strong> trustees <strong>of</strong> SimmonsCollege (her alma mater) in Boston, Mass.Dan Johnson is a partner at McKennaLong & Aldridge in Washington, D.C.,where he practices commercial andemployment litigation. In 2007 theWashington Business Journal selected himas a Top Washington <strong>Law</strong>yer.In February, Guy Lewin-Smith LL.M.became a partner at the London <strong>of</strong>fice<strong>of</strong> Debevoise & Plimpton, where hewill continue to focus on mergers andacquisitions and securities matters. Hewas previously a partner with Linklatersfor 13 years.Greg Musil serves as chair <strong>of</strong> the900-member Overland Park Chamber <strong>of</strong>Commerce. He also chairs a campaigncommittee opposing a ballot initiativeto change the method <strong>of</strong> selecting trialcourt judges by partisan political electioninstead <strong>of</strong> merit selection.Irwin M. Shur has been named vicepresident, general counsel and secretaryfor Snap-on Incorporated in Kenosha,Wisc. Regretfully, Irwin missed the25th reunion as a result <strong>of</strong> the timingregarding his new position. He and hiswife, Kathie, and children, Olivia andIsaac, will be relocating to the northernsuburbs <strong>of</strong> Chicago, where they willbecome reacquainted with snow and coldweather after five years in Florida.Jennifer Marie Otto and Bob Simmonswere married July 7, 2007, in Salt LakeCity, Utah. In April, Simmon’s previousfirm <strong>of</strong> Helms, Mulliss & Wicker mergedinto McGuireWoods, and he becameco-head <strong>of</strong> the combined firm’s realestate practice group in Charlotte, N.C.He continues to serve on the board <strong>of</strong>the Council for Children’s Rights and acommittee <strong>of</strong> the Children and FamilyServices Center. His sons, Rush and Grier,are in college in North Carolina, and hisdaughter, Ann, is a high school freshman.Jen’s daughters are in college in Utah.Victor A. Taylor has been namedpresident <strong>of</strong> Parr Waddoups BrownGee & Loveless in Salt Lake City, Utah.Each year, the firm’s managementsuccession plan identifies a unique andqualified attorney to hold the role <strong>of</strong>president. Taylor is a real estate attorneywith extensive experience in real estatedevelopment and finance.Joseph Varner has been selected forinclusion in The Best <strong>Law</strong>yers in America’sbet-the-company litigation category andcommercial litigation category. For thesecond year in a row, Varner has beennamed one <strong>of</strong> the top 100 lawyers inFlorida in the Super <strong>Law</strong>yers survey. “Moreimportant than any <strong>of</strong> that,” says Varner,his wife, Monica, and their son, Evan, were“blessed with the birth <strong>of</strong> Evan’s littlebrother, Eric Harrison Varner, in July.”1984Reunion YearGuy Beckett has a solo commerciallitigation, class action, and personalinjury practice in Seattle, Wash.C. Stephen Bigler,president <strong>of</strong> Richards,Layton & Finger inWilmington, Del., hasbeen listed in the 2008edition <strong>of</strong> TheInternational Who’sWho <strong>of</strong> Merger &Acquisition <strong>Law</strong>yers. Bigler was alsorecognized for excellence in thecorporate/mergers and acquisitionscategory in the 2008 edition <strong>of</strong> ChambersUSA — America’s Leading <strong>Law</strong>yers forBusiness. A member <strong>of</strong> the firm’scorporate transactional group, Biglercounsels corporations, <strong>of</strong>ficers, directors,board committees, stockholders, andinvestors on matters involving Delaware’sUVA <strong>Law</strong>yer • Fall • 2008 | 65


ClassNotesGeneral Corporation <strong>Law</strong> and relatedissues in a wide variety <strong>of</strong> transactionaland operational contexts.Martin Clark published his third novel,The Legal Limit, in July. Since 1995, Clarkhas served as a circuit court judge for the<strong>Virginia</strong> counties <strong>of</strong> Patrick and Henryand the city <strong>of</strong> Martinsville, Va. He livesin Stuart, Va., with his wife, Deana. (SeeIn Print)Madaline Herlong’s young adult novel,The Great Wide Sea, was published byViking in October. It is an adventurebildungsroman about three boys lost assea and was inspired by her own foursons. Madaline is currently in the Englishdoctoral program at Tulane, after retiringfrom law practice and teaching in 1991.(See In Print)John Ragosta was awarded a Ph.D. inearly American history by the <strong>University</strong><strong>of</strong> <strong>Virginia</strong> in May, after he completeda short-term fellowship at Monticello.Before returning to Charlottesville tocontinue his education, John was aninternational trade partner at DeweyBallantine in Washington, D.C. He, hiswife, Liz, and their children, Greg andSarah, live in Rixeyville, Va.Carolyn Tillman was recently promotedto managing counsel <strong>of</strong> VintageProduction California and is movingfrom Houston, Tex., to Bakersfield, Calif.1985Emily Jane “E.J.” Bennett is returning tothe legal pr<strong>of</strong>ession. “I am slowly flaking<strong>of</strong>f the legal rust engendered by 14 years<strong>of</strong> staying at home with three sweetkids.” She is now <strong>of</strong> counsel with a smallDenver firm specializing in real estate andbusiness law and working only the hoursthe kids are in school. “What a fabulousgig this is!”THOMAS BYRNE ’84 was recentlyrecognized as a co-inventor <strong>of</strong> the underlyingtechnology <strong>of</strong> Amgen’s blockbuster drugAranesp®, a erythropoiesis stimulating agent(US Patent No. 7,217,689).This breakthrough drug has nowbenefited the health <strong>of</strong> millions <strong>of</strong> patientssuffering from chronic kidney disease orchemotherapy-induced anemia. It hassubstantially reduced the number <strong>of</strong> bloodtransfusions needed by patients with theseconditions. It has become Amgen’s (the world’s largest biotechnology company in terms<strong>of</strong> sales) most successful product. No other biotechnology drug has been both in thetop 10 selling drugs in the United States in the past 3 years (2005–2007) and the top 10selling drugs in the world (2006), nor has any biotechnology drug sold as much in its first6 years after FDA approval, as has Aranesp® (source IMS Health).Aranesp® is also unique in that it represents the first major biotechnologydrug in which the structure <strong>of</strong> a naturally occurring human protein was engineeredto enhance its therapeutic activity. The approach <strong>of</strong> adding glycosylation sites to(hyperglycosylating) proteins developed with erythropoietin has been applied to otherproteins, demonstrating that the serum half life and activity <strong>of</strong> other proteins can beextended as well. This field is <strong>of</strong>ten referred to as glycoengineering.Byrne completed undergraduate degrees at <strong>Virginia</strong> in chemical engineering andnuclear engineering, as well as a master’s degree in biochemical engineering at Yale. In1984, Byrne joined the law firm <strong>of</strong> Cushman, Darby and Cushman in Washington, D.C. In1987, he was recruited by the world’s first biotechnology company, Genentech in SouthSan Francisco, Calif. He worked there as a patent attorney as that company launched itsfirst major drug-recombinant TPA (Activase®). In 1988, Byrne joined the legal departmentat Amgen in Thousand Oaks, Calif. It was there that Byrne and researcher Steven Elliottdeveloped the Aranesp® technology. Byrne also drafted the patent application on theinvention.Byrne is currently a consultant for several start-up biotechnology companies onintellectual property, contract, and business issues, including Diffusion Pharmaceuticalsin Charlottesville. He also serves on the boards <strong>of</strong> several pharmaceutical companies.Martha N. Donovan, McCutchen in San Francisco, where hea member <strong>of</strong> thewas the firm-wide head <strong>of</strong> the litigationSomerville law firm <strong>of</strong> practice. Hockett will continue hisNorris McLaughlin & complex commercial litigation practice atMarcus, spoke at a Davis Polk.seminar entitled “SiteRemediation in New Kurt L.P. <strong>Law</strong>son has joined Hogan &Jersey.” Donovan Hartson as a partner in the Washington,discussed special issues for residential and D.C., <strong>of</strong>fice, where he is a member <strong>of</strong>mixed-use redevelopment projects,the employee benefits and executiveincluding childcare centers and schools. compensation practice group, part <strong>of</strong> thefirm’s business, finance, and tax practice.Christopher Hockett recently joined He focuses primarily on issues involvingDavis Polk & Wardwell as a partner in pension and welfare benefit plans, executivethe firm’s Menlo Park, Calif., <strong>of</strong>fice. He compensation, executive fringe benefits,was previously a partner with Bingham66 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesand employment taxes. He has particularknowledge regarding pension planinvestment issues and employee benefitplans <strong>of</strong> tax-exempt and governmentalemployers. Before joining Hogan &Hartson, <strong>Law</strong>son was a partner in PillsburyWinthrop Shaw Pittman’s executivecompensation and benefits group.In September 2007, WilliamO’Shaughnessy joined Quest Diagnosticsas assistant general counsel and secretary,after 12 years at Morgan Stanley. “It hasbeen interesting learning about a newindustry — challenging and fun!”Linda S. Wendtland has been appointedto the Board <strong>of</strong> Immigration Appeals.The board is part <strong>of</strong> the Executive Officefor Immigration Review, located inFalls Church, Va., and is responsible forhearing appeals <strong>of</strong> decisions renderedby immigration judges or certainDepartment <strong>of</strong> Homeland Security<strong>of</strong>ficers. It is the highest administrativebody for interpreting and applying federalimmigration laws. Wendtland has servedas an assistant director in the Office <strong>of</strong>Immigration Litigation since May 1996.1986Andy Abrams LL.M. is now dean <strong>of</strong>the Charleston <strong>School</strong> <strong>of</strong> <strong>Law</strong> in SouthCarolina. Abrams writes, “As CaseyStengel once remarked after receivingcongratulations on yet another WorldChampionship, ‘I couldn’t have done itwithout the fellas.’”Bill Eigner was selected by his peers in theSan Diego region for Top Attorneys 2008in the area <strong>of</strong> corporate transactions. Hiscorporate business practice emphasizesventure capital and the financing,governing, operating, buying, selling, andmerging <strong>of</strong> growing technology and otherbusinesses.Barry Faber has been promoted toexecutive vice president & general counsel<strong>of</strong> Sinclair Broadcast Group, one <strong>of</strong> thenation’s largest and most diversifiedtelevision broadcasting companies.Ellen Farraye Bonaventura gave thecommencement address for her almamater, Paramus Catholic High <strong>School</strong>, atthe IZOD Arena in East Rutherford, N.J.,on June 2. Ellen is a founding member<strong>of</strong> the PCHS Consultative Board, whichwas established in January 2007. Theboard’s mission is to provide additionalexpertise to the school in the areas <strong>of</strong>finance, facilities, strategic planning, andadvancement.Scott Gerber has beennamed Ella & ErnestFisher Chair in <strong>Law</strong>and Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong>at Ohio Northern<strong>University</strong>. He alsohas been appointed toa two-year term onthe Ohio Advisory Committee <strong>of</strong> the U.S.Commission on Civil Rights. His mostrecent book is The <strong>Law</strong> Clerk: A Novel.Will Hopkins began writing songs in 2000and within a year left full-time practice <strong>of</strong>law to concentrate on songwriting. For thepast six years he has split his time betweenWashington, D.C., and Nashville, Tenn.Eight <strong>of</strong> his songs have been recorded byindependent artists. His song “When YouCome From Nothing” earned him a spotas a finalist in the 2008 American IdolSongwriter contest.John J. Jenkins, a partner at Calfee,Halter & Griswold in Cleveland, Ohio,was recognized as a leading attorneyin corporate law and mergers andacquisitions by Chambers & Partners intheir 2008 Chambers USA Guide.Edward Rogers was recognized byChambers USA: America’s Leading<strong>Law</strong>yers for Business for excellence in hispractice <strong>of</strong> real estate law.Elizabeth Stewart hasbeen electedmanaging partner <strong>of</strong>Murtha Cullina inNew Haven, Conn.,for a three-year term.Stewart served fornine years as chair <strong>of</strong>the litigation department. Having joinedMurtha Cullina in 1986, Stewart is a triallawyer principally handling insurancecoverage and complex commerciallitigation.Rob Tiller recently joined Red Hat, Inc. asvice president and assistant general counselfor intellectual property. Headquartered inRaleigh, N.C., with <strong>of</strong>fices in 58 countries,Red Hat is the leading provider <strong>of</strong> opensource s<strong>of</strong>tware. Prior to this move, Tillerwas a partner with Helms, Mulliss &Wicker, leading the Raleigh commerciallitigation practice.On August 6, Maryland Governor MartinO’Malley appointed Edward G. Wells tothe District Court <strong>of</strong> Maryland. Wells isthe first African American to beappointed to the bench in SouthernMaryland. He previously served as aMaryland Assistant Attorney General(Criminal Appeals Division) and theState’s Attorney for Calvert County, Md.1987In April, MaryBeth Keller was sworn inas the Assistant Chief Immigration Judgefor Conduct and Pr<strong>of</strong>essionalism at aninvestiture ceremony at the ExecutiveOffice for Immigration Review in FallsChurch, Va.Michael J. Maimone has joined theWilmington, Del., <strong>of</strong>fice <strong>of</strong> GreenbergTraurig as a shareholder in the corporateand litigation practice groups. Prior tojoining Greenberg Traurig, Maimone wasa partner with Edwards Angell Palmer& Dodge. His practice concentrates onthe counseling <strong>of</strong> corporate clients on aUVA <strong>Law</strong>yer • Fall • 2008 | 67


ClassNotesWANTED:A few good annual giving volunteersJoin the <strong>Law</strong> <strong>School</strong>’s volunteer team.Contact Helen M. Snyder ’87helensnyder@virginia.edu434-924-4668broad range <strong>of</strong> matters, including hostileacquisitions, going-private transactions,corporate restructuring, mergers andother negotiated transactions, and proxycontests. He represents clients in litigationinvolving mergers and acquisitions,class and derivative actions, and generalcorporate law issues.Alfred “Ran” Randolph just celebratedhis 20th anniversary with Kaufman &Canoles in Norfolk, Va. He has three sons,Ranny (12), Christian (8), and Peyton (5),and will be celebrating his 18th weddinganniversary in July with Kristen. “I amso proud each time I read about all myclassmates’ accomplishments when I readthe UVA <strong>Law</strong>yer!”Lt. Col. (Ret.) Barry K. Simmons LL.M.retired from the U.S. Foreign Servicefollowing his assignment at the U.S.Consulate General Shanghai, and he hasreturned to the U.S. to settle down inFayetteville, N.C., with his youngest sons,James and Joey.Tom Walls has been named a pr<strong>of</strong>essoriallecturer in law at George Washington<strong>University</strong> <strong>Law</strong> <strong>School</strong>. He co-teaches acourse entitled “<strong>Law</strong>yers, Lobbying andthe <strong>Law</strong>” that examines legal, ethical,and practical issues relating to lobbyingin Washington. He is a vice president forfederal public affairs at McGuireWoodsConsulting and senior counsel atMcGuireWoods, where his practice dealsmainly with federal campaign finance lawand related compliance and ethics issues.Jeff Wells has embarked on a new careeras an innkeeper with his life partner, MacPence, in Richmond, Va. Maury Place atMonument, their luxury four-guest roombed and breakfast opened its doors onOctober 1. Their Web site is www.mauryplace.com, and they encourage allto stop by for a visit or a more leisurelystay at their inn in Richmond’s museumdistrict.1988Julian Cook LL.M. was recognized inMay by the State Bar <strong>of</strong> Michigan forhis 50 years <strong>of</strong> membership. In March,the Federal Bar Association for theEastern District <strong>of</strong> Michigan announcedthe establishment <strong>of</strong> an award to begiven annually in recognition <strong>of</strong> a civilpractitioner who is an outstandingexample <strong>of</strong> pr<strong>of</strong>essional excellenceand civility. The award will be calledthe Julian Abele Cook, Jr.–BernardA. Friedman FBA Civility Award, inrecognition <strong>of</strong> the dedication to civility<strong>of</strong> two outstanding jurists. In 1998, Cookconvened the first Civility Committeein the Eastern District <strong>of</strong> Michiganand fostered the implementation <strong>of</strong> theCourt’s Civility Principles.John M. Cooper <strong>of</strong> Shapiro, Cooper,Lewis & Appleton in <strong>Virginia</strong> Beach,Va., has been elected to a one-year term(2008–2009) as chair <strong>of</strong> the Railroad <strong>Law</strong>Section <strong>of</strong> the American Association forJustice during AAJ’s annual conventionin Philadelphia, Pa. The Railroad <strong>Law</strong>Section <strong>of</strong> the AAJ promotes rail safetyand protecting the rights <strong>of</strong> the publicand railroad employees. Cooper’s practiceis exclusively in plaintiff’s side railroadand general personal injury law.Kelley Coyner and her husband, TimSears, and their three children havesuccessfully reentered the Washington,D.C., area after six years in Paraguay andBolivia. Coyner continues to celebratethe publication <strong>of</strong> a travel guide to LatinAmerica while she ramps up her new jobas chief <strong>of</strong> staff to the senior policy group<strong>of</strong> the National Capital Region.The U.S. Secretary <strong>of</strong> Commerce recentlyappointed John B. Farmer to a threeyearterm as chairman <strong>of</strong> the TrademarkPublic Advisory Committee <strong>of</strong> the UnitedStates Patent and Trademark Office.TPAC is a nine-member committee thatreviews the USPTO’s policies, goals,performance, budget, and user feesconcerning trademarks. John is a member<strong>of</strong> the Leading-Edge <strong>Law</strong> Group, which isa Richmond, Va., law firm that specializesexclusively in intellectual property matters.Harry Franks recently joined Ernst &Young as a principal in their Dallas, Tex.,<strong>of</strong>fice. He specializes in international taxplanning.Greg Giammittorio was recently namedco-chair <strong>of</strong> the mergers and acquisitionspractice group at Morrison & Foerster inMcLean, Va. He and his wife, DawneeTate ’87, are the parents <strong>of</strong> Carrington(18) and Joseph (16). Carrie graduatedfrom Stone Ridge <strong>School</strong> <strong>of</strong> the SacredHeart this year and is a first-year at<strong>University</strong> <strong>of</strong> <strong>Virginia</strong>. Joe attendsGeorgetown Prep.Margaret Henderson has lived in Idahosince graduation. She worked in thecivil litigation department <strong>of</strong> the IdahoAttorney General’s Office until 1998. Shethen changed careers and became a socialworker. Her husband, Michael, is still alawyer, and the couple has “two lovelydaughters.”Stephen Koldin practices in the field <strong>of</strong>elderlaw (trusts and estates and Medicaidlaw) in Syracuse, N.Y. He is married toWendy and has three boys, ages 10, 12,and 14.Marcia Voorhis Andrew is a partner withTaft, Stettinius & Hollister in Cincinnati,Ohio, where she serves as chair <strong>of</strong> thefirm’s franchise and distribution practicegroup. She was elected to the MiddletownCity <strong>School</strong> District Board <strong>of</strong> Education68 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesin Middletown, Ohio, where she lives withher husband, Will, and three children,Alex (14), Rachel (12), and Mark (10).Alexander “Whit” Whitaker retiredfrom the Navy last year after 25 years,finishing his Navy JAG career as a captainand commanding <strong>of</strong>ficer <strong>of</strong> the Navy’slegal service <strong>of</strong>fice in Jacksonville, Fla. Hetook command in 2005, after heading upthe Navy’s general civil litigation <strong>of</strong>fice inWashington, D.C. He has returned to hisundergraduate alma mater, Berry College,where he is assistant vice president formajor gifts and planned giving. Berry isan independent liberal arts college inNorthwest Georgia that is known for itsemphasis on work and service, and whichboasts a national-park-like campus fourtimes the size <strong>of</strong> the city <strong>of</strong>Charlottesville.1989Reunion YearKeith Barritt has been named to theLegal Media Group’s 2008 Guide tothe World’s Leading Trade Mark <strong>Law</strong>Practitioners. Barritt is a principal withFish & Richardson in the Washington,D.C., <strong>of</strong>fice. His practice focuses onall aspects <strong>of</strong> trademark law, includingprosecution and inter partes proceedingsbefore the U.S. Patent and TrademarkOffice, Internet domain name issues, andtrademark selection and enforcement.He is also experienced in all aspects <strong>of</strong>medical device regulation by the U.S.Food and Drug Administration, includingobtaining marketing authorization formedical devices, use <strong>of</strong> new devices forinvestigational purposes, and import andexport issues.Thomas M. Moriarty has been appointedgeneral counsel and secretary <strong>of</strong> MedcoHealth Solutions, Inc., in Franklin Lakes,N.J. He will oversee the company’s legaland government affairs organizations,negotiations with pharmaceuticalmanufacturers, drug purchasing analysis,and consulting with clients on formularydrug lists and plan design. Moriartyassumed this role in addition to hisresponsibilities as senior vice president,pharmaceutical contracting. He hasheld a variety <strong>of</strong> senior level positions,including senior vice president, businessdevelopment, where he led Medcothrough a series <strong>of</strong> complex multibilliondollarnegotiations. He has also served asdeputy general counsel.Tamara Preiss moved to Verizon Wirelessin January, after 10 years at the FederalCommunications Commission.James S. Rollins hasjoined WolfBlock as apartner in thelitigation practicegroup in the Boston,Mass., <strong>of</strong>fice. Prior tojoining WolfBlock,Rollins was a partnerwith Bingham McCutchen. Rollinsfocuses his practice on the representation<strong>of</strong> financial institutions, including brokerdealers, investment management firms,hedge funds, and banks. He has extensiveexperience representing clients in generalsecurities regulatory and enforcementdefense matters; in disputes arising withprincipals, investors and employees; andwith regard to creditors’ rights andbankruptcy. Rollins also handles generalcommercial litigation matters, includingFirst Amendment issues in which herepresents publishers, broadcasters, andindividuals, as well as intellectualproperty matters. Among his otherpr<strong>of</strong>essional affiliations, he is also a boardmember <strong>of</strong> and counsel for <strong>Law</strong>yersWithout Borders, Inc., the world’s largestglobally oriented group <strong>of</strong> volunteerattorneys who support nonpr<strong>of</strong>itorganizations, Rule <strong>of</strong> <strong>Law</strong> initiatives,legal capacity building projects, andhuman rights work around the world.Jim Wall, a partner at the law firm <strong>of</strong>Wall Esleeck Babcock in Winston-Salem,N.C., has been appointed to the executivecouncil <strong>of</strong> the Health <strong>Law</strong> Section <strong>of</strong> theNorth Carolina Bar Association. Wallhas experience in counseling corporateand health care clients in significantcontractual relationships, includingrelationships with employees (noncompeteand confidentiality issues),independent contractors, and vendors.A certified mediator, Wall has beenrecognized as a Legal Elite by BusinessNorth Carolina magazine and was selectedfor inclusion in the health care section <strong>of</strong>the Best <strong>Law</strong>yers in America 2008.1990Catharina Min has joined Reed Smith andstill lives in San Francisco. She is very busywith her two girls, Isabella (4) and Sydney(2), and continues her corporate andmergers and acquisitions work (with anemphasis on representing Asian clients).Michael A. Newton serves as Pr<strong>of</strong>essor<strong>of</strong> the Practice <strong>of</strong> <strong>Law</strong> at Vanderbilt<strong>University</strong> <strong>Law</strong> <strong>School</strong>. He remainsactive in the field <strong>of</strong> internationalcriminal law in addition to his teachingresponsibilities. Of particular note, hisbook entitled Enemy <strong>of</strong> the State: TheTrial and Execution <strong>of</strong> Saddam HusseinSetting things STRAIGHTIn the Spring 2008 UVA <strong>Law</strong>yerwe wrongly married two alumni.Meredith Caskey ’02 didmarry a UVA alumnus onSeptember 29, 2007. Meredithmarried Andrew Parker (Eng’95, ’96), not Andrew Parker ’90.Meredith and Andrew residein Washington, D.C., whereMeredith is a partner atMcDermott Will & Emery.Andrew Parker ’90 reportsthat he has been, and remains,happily married to Susan Parkerfor 14 years.UVA <strong>Law</strong>yer • Fall • 2008 | 69


ClassNotesCampaigning forClemencyby Peter TrauernichtAFTER HER EFFORTS to presentmitigating factors finally succeeded,Ann Fort ’91, partner with Sutherland inAtlanta, Ga., recently concluded a 12-yeareffort to save the life <strong>of</strong> Samuel DavidCrowe. Fort’s campaign ultimately ledto clemency and a reduced sentence <strong>of</strong> life without parole for Crowe, just two hoursbefore his scheduled execution for the murder <strong>of</strong> a coworker in 1988.Fort’s legal endeavors began with two state habeas petitions in 1996 and 2002,both <strong>of</strong> which were unsuccessful. In 2003, she filed cert with the U.S. Supreme Court,but it was denied. Then, in 2006, Fort and attorneys from the Federal Defender Officeconvinced a U.S. District Court to grant in part a motion for appealability. Fort thenfollowed the case to the Eleventh U.S. Circuit Court <strong>of</strong> Appeals, which denied relief.Crowe filed cert with the Supreme Court, but it was again denied in April <strong>of</strong> 2008. Earlythis May, Fort learned that the state planned to execute Crowe on May 22.Fort then began a campaign outside <strong>of</strong> the legal system to try and save Crowe’slife. After informing the Board <strong>of</strong> Pardons and Paroles that she and her team were goingto seek clemency, Fort set to work. Her team first sent the board letters <strong>of</strong> support from50 people pleading for Crowe’s life. They also submitted an 11-page excerpt from prisonrecords that detailed the extent to which Crowe had been a positive influence in prison,cooperating with guards and improving literacy among his fellow prisoners. Fort’s teamalso submitted some 2,000 post cards with pictures <strong>of</strong> Crowe throughout his life and asignature from the senders with text explaining why he should be granted clemency.Finally, the team prepared a 115-page brief with exhibits on Crowe’s behalf, somethingthe prosecution was surprised to learn Fort had done.Fort argued before the board on the morning <strong>of</strong> Crowe’s scheduled execution. Shefocused on Crowe’s remorse and his attempts to rehabilitate. She detailed the extentto which guards in prison relied on his positive and peace keeping influence on otherinmates, and how he had been active in programs to deter drug use among youth inhis former community. She argued that granting clemency would not violate efforts touphold the legal system, highlighting that Crowe’s counsel during his trial had failed tointroduce the mitigating factors <strong>of</strong> his drug use and questionable mental health.Later that day, Fort struggled heavy-hearted through a meal with several <strong>of</strong> Crowe’sfriends just a few hours before Crowe’s scheduled execution. She received a call from arepresentative <strong>of</strong> the Board <strong>of</strong> Paroles and Pardons, informing her that they had votedto commute the death sentence to life without parole. Her efforts <strong>of</strong> nearly 12 years hadfinally come to fruition, saving the life <strong>of</strong> a man in the face <strong>of</strong> daunting odds — Crowe’srequest was only the third out <strong>of</strong> 24 such requests to have been granted since 1995.was published by St Martin’s Press inSeptember. The narrative work is adefinitive history <strong>of</strong> the Saddam Husseintrial, filled with insights from Newton’sfour trips to Baghdad to serve as legaladvisor to the tribunal. (See In Print)Henry Su is a partner in Howrey’sSilicon Valley <strong>of</strong>fice, where he specializesin antitrust and intellectual propertylitigation. He was elected earlier thisyear as a Fellow <strong>of</strong> the American BarFoundation. In his spare time, hePHOTO COURTESY DAILY REPORTvolunteers as a tennis coach, as well ashikes and camps with his wife, DorothyPater, and their two children, Andre (8)and Margot (5).Charles Durant was promoted tosenior counsel at Science ApplicationsInternational Corp., in McLean, Va.Michael T. Fois made it to Antarcticain February, the seventh <strong>of</strong> the sevencontinents he has visited since graduating.He celebrated by getting himself a dog, “Abeagle who is far more popular than heever was,” jokes Michael. In 2007, Michaelcame out <strong>of</strong> retirement to take a publicservice position as a hearing <strong>of</strong>ficer withthe New York City Office <strong>of</strong> CollectiveBargaining.As <strong>of</strong> September, Heather Polzin servesas general counsel to the Maryland PublicService Commission, which regulatesMaryland utilities. She and Evelyn (9) arelooking forward to reconnecting with oldfriends in the Baltimore area after nearlynine years in <strong>Virginia</strong>.Jeff Stredler recently joined AMERIGROUPCorporation in <strong>Virginia</strong> Beach, Va., as asenior vice president and senior litigationcounsel. Prior to joining AMERIGROUP,Stredler was a partner in the Norfolk<strong>of</strong>fice <strong>of</strong> Williams Mullen.1992John E. Foster is city attorney for the city<strong>of</strong> Falls Church, Va. In his new position heserves as legal advisor to the city council,school board, city manager, and citydepartments, boards, and commissions.His duties also include draftingordinances and reviewing proposedordinances and contracts. Fosterpreviously served as Assistant CountyAttorney for Fairfax County.Steve Golder was named as one <strong>of</strong> theBest <strong>Law</strong>yers Real Estate; Land Use andZoning; Corporate <strong>Law</strong>; Commercial70 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesand Business law; and Mergers andAcquisitions in Best <strong>Law</strong>yers in America.Golder is an owner/member <strong>of</strong> JenkinsFenstermaker, in Huntington, W.Va., andrepresents individuals and businesses inbuying, selling, and leasing commercialreal estate.Joseph P. Gromackiwas recognized in theApril issue <strong>of</strong> TheAmerican <strong>Law</strong>yermagazine as one <strong>of</strong>2007s Dealmakers <strong>of</strong>the Year and amongthe Top Transactions<strong>Law</strong>yers for 2007. He is a partner withJenner & Block in Chicago and chairs thefirm’s corporate practice. Among hisother clients, Gromacki regularlyrepresents General Motors in some <strong>of</strong> itsmost complex mergers and acquisitionsand securities matters. He representedGM in its 2007 sale <strong>of</strong> Allison Transmissionto Carlyle and Onex for $5.6 billion.In April, Maurice Jones was namedpublisher <strong>of</strong> The <strong>Virginia</strong>n-Pilot. Jonesjoined Landmark Publishing Group,which oversees The Pilot and othernewspapers owned by Norfolk-basedLandmark Communications Inc. in 2005.Ted Mathas assumedthe position <strong>of</strong> chiefexecutive <strong>of</strong>ficer <strong>of</strong>New York LifeInsurance Company,the largest mutual lifeinsurance company inthe United States with15,000 employees and 50,000 agentsworldwide, and more than $280 billion inassets under management. Mathas, 41,retains the title <strong>of</strong> president <strong>of</strong> thecompany, a post he’s held since July 1, 2007.As CEO, he will oversee all <strong>of</strong> thecompany’s U.S. and internationaloperations, including individual lifeinsurance, retirement income,investments, and long-term careinsurance. These operations include NewYork Life’s life insurance and annuityprograms <strong>of</strong>fered through AARP, and NewYork Life Investment Management, LLC,which provides institutional assetmanagement, retirement plan and trustservices, as well as institutional and retailmutual funds. Also under his purview isNew York Life International, theinternational arm <strong>of</strong> New York LifeInsurance Company, which <strong>of</strong>fersinsurance products in Asia and LatinAmerica through its subsidiaries andaffiliates in China, Hong Kong, India,Taiwan, Thailand, South Korea, Argentina,and Mexico.As CEO, Mathas leads New York Life’scareer agency force, including more than50,000 agents in the United States andabroad. Mathas joined New York Lifein June 1995 as an <strong>of</strong>ficer in the AssetManagement Department. He and his wife,Keryn, live in Armonk, N.Y., with theirthree children.Jeffery Naness is a partner with Naness,Chaiet, & Naness, a New York basedfirm that represents management inemployment law and labor relationsmatters. He is married and has two sons.European Alumni ReunionTHIS SUMMER, 37 <strong>Law</strong> and Darden graduates and their spouses met in Frankfurt,Germany, for a Thursday through Sunday reunion. The gathering was organized byJutta Schneider, LL.M. ’91, her husband, Dirk, MBA ’92, and Burkhard Schneider,LL.M. ’96.Dinner at a sports bar Thursday night was followed by an academic sessionon Friday, a walking tour <strong>of</strong> the old section <strong>of</strong> Frankfurt and a dinner at ZumGrauen Bock Restaurant, which features local fare. On Saturday the group bused tothe Rheingau Wine area for a day at Schloss Johannisberg, perhaps the best knownproducer <strong>of</strong> Riesling wines. Dinner that night was at the Main Tower Restaurantoverlooking the city. This first effort to bring <strong>Law</strong> and Darden graduates togetherwas considered to be a great success.Jonathan Perkel wasnamed senior vicepresident and generalcounsel to Travelocity.Travelocity is one <strong>of</strong>the largest travelcompanies in theworld, with grossbookings <strong>of</strong> more than U.S. $10 billion in2007. Travelocity also owns and operatesTravelocity Business® for corporate travel;igougo.com, a leading online travelcommunity; lastminute.com, a leader inEuropean online travel; and ZUJI, aleader in Asia-Pacific online travel. InUVA <strong>Law</strong>yer • Fall • 2008 | 71


ClassNotesconnection with his new position, Perkeland his wife, L.A., will be relocating fromBrooklyn, N.Y., to Dallas, Tex. Prior to hiscurrent role, Perkel was Travelocity’s vicepresident and deputy general counsel.Vytas Petrulis is apartner in the realestate law practice <strong>of</strong>Jackson Walker inHouston and servesclients in real estatedevelopment andinvestment, leasingand finance. He has represented real estateinvestment trusts, pension funds, andopportunity funds in real estateacquisitions and dispositions, includinglarge, multi-state portfolio transactions;institutional landlords and corporatetenants in <strong>of</strong>fice, industrial and retailleasing; developers in real estatedevelopment projects, including complex,mixed-use projects; and lenders andborrowers in commercial loan transactions.1993Jill M. Browning has been made ashareholder with the micro-boutiquepatent law firm, ASHE, in Reston,Va., where she focuses her practice onlitigating patents and related causesas well as all aspects <strong>of</strong> negotiatingand drafting agreements relating tointellectual property.Pat Campbell retired from the MarineCorps in 2006. He teaches twelfth gradeU.S. government and coaches soccer atthe Covenant <strong>School</strong>, a Christian schoolin Charlottesville. Campbell and his wife,Arlene, love being back in Charlottesvilleand hope to see classmates when they arein town.Rich Gross was promoted to Colonel onJanuary 17. He was selected to attend theU.S. Army War College, Carlisle Barracks,Pa., for academic year 2008–2009.Richard Herz has worked for EarthRightsInternational, a human rightsorganization based in Washington, D.C.,since 1999. For the past five years he hasbeen living in West Hartford, Ct., with hiswife, Betsy (Rodney), and their three kids— Allie, Danny, and Jacob.Thomas McThenia,Jr., was recently madepartner at Lowndes,Drosdick, Doster,Kantor & Reed, inOrlando, Fla. Hispractice areas includeintellectual property,technology and Internet law, and sportsand entertainment law.Robert J. Schmidt, Jr., is ranked asone <strong>of</strong> Ohio’s Up & Coming Attorneysin the area <strong>of</strong> natural resources andthe environment, according to recentrankings by Chambers & Partners,publishers <strong>of</strong> Chambers USA: America’sLeading <strong>Law</strong>yers for Business. Schmidt, apartner in Porter Wright’s environmentalpractice group, represents clients inall major environmental programs,including the Clean Air Act, Clean WaterAct, Superfund, solid and hazardouswaste, emergency planning, andagricultural issues.Sara Stadler Jackson and her husband,Jason Jackson, welcomed their first child,a daughter named Hazel Rose Jackson,on October 21, 2007. Sara is an associatepr<strong>of</strong>essor at the Emory <strong>University</strong> <strong>School</strong><strong>of</strong> <strong>Law</strong> in Atlanta, Ga. Her husband is apatent attorney.C. Stewart Verdery, Jr., continues aspartner and founder at Monument PolicyGroup in Washington, D.C. The firm hasgrown to six pr<strong>of</strong>essionals. Verdery alsoserved as senior immigration advisor tothe Giuliani for President campaign.1994Reunion YearRobert Kramer married Joanna Stevenson March 1 in Noosa Heads, Queensland,Australia, near Joanna’s parents’ home.The couple traveled through WesternAustralia, Southern and Eastern Africa,and then back to the East Coast <strong>of</strong>Australia for five months. After returningto work at Rambus in Los Altos, Calif.,Robert and Joanna packed up and movedto Sydney, Australia, where Joannaheads up corporate communications atMicros<strong>of</strong>t, Australia.In Atlanta, Kevin Maxim, Sean Coleman’95, and Arnold Evans ’96 teamed up toplan a <strong>Law</strong> & Darden grassroots event tosupport the election campaign <strong>of</strong> JudgeSusan E. Edlein ’95. Edlein was appointedto the State Court <strong>of</strong> Fulton County inMarch and faces two challengers leadingup to the November 4 election. Thespirited event occurred September 25 onthe ro<strong>of</strong>top <strong>of</strong> Atlanta’s popular Six FeetUnder restaurant overlooking the Atlantaskyline. It was the perfect excuse to gatherthe UVA Atlanta community to have agood time, to celebrate UVA, and to sharein a sense <strong>of</strong> purpose by supporting Susanin her crucial election campaign.1995Chris J. Akin was recognized as one <strong>of</strong> the15 top defense lawyers in Dallas, Tex., at theDallas Business Journal’s “The Defenders”event in June. He is a partner in thebusiness litigation section <strong>of</strong> Carrington,Coleman, Sloman & Blumenthal.In Atlanta, Sean Coleman, Kevin Maxim’94, and Arnold Evans ’96 teamed upto plan a UVA <strong>Law</strong> & Darden grassrootsevent to support the election campaign<strong>of</strong> Judge Susan E. Edlein. Edleinwas appointed to the State Court <strong>of</strong>Fulton County in March and faces twochallengers leading up to the November4 election. The spirited event occurredSeptember 25 on the ro<strong>of</strong>top <strong>of</strong> Atlanta’s72 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesReunion WeekendEACH MAY THE <strong>Law</strong> <strong>School</strong> Alumni Association hosts <strong>Law</strong> Alumni Weekend (LAW) inCharlottesville. We asked the Alumni Association for some key facts about the weekend. Weshare them here, along with some photos <strong>of</strong> the weekend’s highlights.Number <strong>of</strong> people in town for LAW 1114 (the most ever)Number <strong>of</strong> guests who confirmed the Clark Hall Mural replicasplaced in the <strong>Law</strong> <strong>School</strong> were anatomically correct 220Number <strong>of</strong> Mint Juleps consumed at the Kentucky Derby party 200+Pounds <strong>of</strong> BBQ enjoyed at the picnic 153Number <strong>of</strong> kids who were dazzled by the magician or had their faces painted 120+‘Hoos who picked up some historic facts on the“Hoo Knew Tour” <strong>of</strong> the Grounds 112Most participants in class gift Class <strong>of</strong> 2003Largest gift for reunions Class <strong>of</strong> 1978#1 reason <strong>Law</strong> alumni return for LAWto see old friends and classmatesUVA <strong>Law</strong>yer • Fall • 2008 | 73


ClassNotesBianca (Bennett) Alexander wasrecently featured in a cover story in BlackEnterprise magazine for her work as aconsumer advocate and her promotion<strong>of</strong> sustainable living. She is the CEO <strong>of</strong>Conscious Planet Media, a companythat produces broadband TV programsand sustainable live events. Bianca alsoco-hosts and produces Conscious LivingTV, a green lifestyle show featuringthe latest and greatest in sustainabletravel and design, eco-friendly fashion,conscious business, and mind-bodypopularSix Feet Under restaurantoverlooking the Atlanta skyline. It wasthe perfect excuse to gather the UVAAtlanta community to have a good time,to celebrate UVA, and to share in a sense<strong>of</strong> purpose by supporting Susan in hercrucial election campaign.The family <strong>of</strong> Loran C. deBerry wantedhis classmates to know that deBerry diedsuddenly in Dallas, Tex., on June 13. Mr.deBerry was a government and economicsteacher in the Dallas Independent<strong>School</strong> District. A nationally publishedcartoonist, deBerry had traveledextensively across five continents and wasan avid hunter and fisherman. He waseducated at Aiken Prep <strong>School</strong>, St. AngelaAcademy, and the <strong>University</strong> <strong>of</strong> SouthCarolina-Phi Beta Kappa, before comingto UVA <strong>Law</strong>.In March, SusanEdlein was appointedby Georgia GovernorPerdue as a judge inthe State Court <strong>of</strong>Fulton County. Thecourt is located inAtlanta and handles awide variety <strong>of</strong> civil trials, including casesinvolving medical malpractice, wrongfulPICTURED FROM LEFT to right are:Dan Shvodian ’96, Will Jetton ’95,Rob Masri ’96, Jim Morse ’95, ChadEnce, Eugene Chang ’95 and PeteHolthausen ’95 who gathered fortheir annual fantasy baseball draft.death, contractual disputes, and complexmulti-litigation lawsuits includingasbestos. The State Court also handlescriminal misdemeanors. Prior to takingthe bench, Edlein was a litigation partnerwith Holland & Knight where, she wasco-chair <strong>of</strong> the firm’s national real estatelitigation team. Edlein lives in Atlantawith her husband, Scott, and her children,ages 7, 5, and 3.Peter S. Vincent has been appointed toserve as the judicial attaché at the U.S.Embassy in Bogota, Colombia. As theDepartment <strong>of</strong> Justice’s representativeat the Embassy, he advises the DOJ, theDepartment <strong>of</strong> State, and various lawenforcement and intelligence-gatheringagencies on a wide variety <strong>of</strong> issuesconcerning extradition, foreign terroristorganizations, asset forfeiture, moneylaundering, judicial cooperation, andnarcotic trafficking. Moreover, he advisesColombian government <strong>of</strong>ficials from theProsecutor General’s Office, the Office<strong>of</strong> the President, the Ministry <strong>of</strong> Interiorand Justice, and the Ministry <strong>of</strong> ForeignRelations regarding a wide variety <strong>of</strong>matters concerning judicial cooperation,evidence, and in<strong>format</strong>ion exchanges.On May 8, John H. Zacharia and his wife,Stella, welcomed John Yen-Lin Zachariainto the world. “Baby and Stella are doingwell,” says John.1996spirit healing. Lauded as a multi-talentedartist, advocate and conscious livingexpert, Bianca has also hosted highlyrated inspirational shows on networkssuch as Lifetime, TV ONE, the TV GuideChannel, USA, and Fox.Scott Ballenger contributed to a recentbrief in defense <strong>of</strong> former Qwest headJoseph Nacchio. The U.S. Court <strong>of</strong>Appeals for the Tenth Circuit in Denverhas ordered a retrial for the case. Thecourt voted 2-1 to overturn all 19 guiltycounts and ordered a new trial in front<strong>of</strong> a new judge, saying that the judge hadimproperly excluded an expert witnesswho would have testified for Nacchio.Nacchio was convicted <strong>of</strong> insider tradingfor selling $52 million in stock in thespring <strong>of</strong> 2001 while knowing Qwest’soutlook was deteriorating. He wassentenced to six years in prison in July.Ballenger is a partner with Latham &Watkins in Washington, D.C., where hisfocus is antitrust and competition andappellate law.Aaron J. Bullwinkel and his wife, Sarah,welcomed their first child, a son namedMatthew Henry, on July 24. Aaron issenior counsel for International PowerAmerica, Inc. in Marlborough, Mass.Jay Chadwick and his wife, Leslie,welcomed their first child, JamesAlexander Chadwick, on March 17.In Atlanta, Arnold Evans, Kevin Maxim’94, and Sean Coleman ’95 teamed up toplan a <strong>Law</strong> & Darden grassroots event tosupport the election campaign <strong>of</strong> JudgeSusan E. Edlein ’95. Edlein was appointedto the State Court <strong>of</strong> Fulton County inMarch and faces two challengers leadingup to the November 4 election. Thespirited event occurred September 25 onthe ro<strong>of</strong>top <strong>of</strong> Atlanta’s popular Six FeetUnder restaurant overlooking the Atlantaskyline. It was the perfect excuse to gatherthe UVA Atlanta community to have agood time, to celebrate UVA, and to sharein a sense <strong>of</strong> purpose by supporting Susanin her crucial election campaign.74 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesJonathan Gardnerand his wife, Barbi,welcomed SamanthaBeth Gardner, bornFebruary 9.Donald M. Haddock, Jr., <strong>of</strong> Alexandria,Va., was unanimously elected as a judge <strong>of</strong>the Eighteenth Judicial District for a term<strong>of</strong> six years commencing May 1.Richard Hawkins and his wife, Dawn,are pleased to announce the birth <strong>of</strong> theirsecond son, Nicholas Joseph Hawkins onFebruary 26. “He joins his older brother,Joshua, who remains skeptical.”Rob Masri and hiswife, Natalie,welcomed a baby girl,Mira Najla, into theworld on May 4. Thefamily continues toreside in Charlottesvilleand welcomes allvisitors to their alma mater.Carol M. McGee has joined Alston &Bird’s securities practice as a partnerin its Washington, D.C., <strong>of</strong>fice. She wasmost recently with the U.S. Securitiesand Exchange Commission, where sheserved as deputy chief counsel in thedivision <strong>of</strong> corporation finance. Asdeputy chief counsel, McGee oversawthe administration <strong>of</strong> the rules andregulations under the Securities Act <strong>of</strong>1933, the Securities Exchange Act <strong>of</strong>1934, and the Trust Indenture Act <strong>of</strong> 1939with respect to securities <strong>of</strong>ferings andperiodic reporting by public companies.She served as a chief legal advisor tothe Commission, the division staff,and to other divisions and <strong>of</strong>fices <strong>of</strong>the Commission on matters related tosecurities <strong>of</strong>ferings and public reporting.Scott Memmott recently took the leadin organizing Sonnenschein’s efforts,and those <strong>of</strong> other law firms, to providepro bono legal services to survivors andfamilies <strong>of</strong> victims <strong>of</strong> the September11 terrorist attack on the Pentagon.This included the establishment <strong>of</strong> thePentagon Memorial Fund. Sonnenscheinhas represented the Pentagon MemorialFund for years, incorporating it as a501(c)(3) in May 2003.Stephen D. Newmarkhas been recognizedby the CharlotteBusiness Journal as a“40 under 40” honoreefor his outstandingleadership andcommitment to theCharlotte, N.C., community. He is ashareholder with Robinson, Bradshaw &Hinson in the corporate department,where he focuses his practice in the areas<strong>of</strong> mergers and acquisitions, intellectualproperty, and venture capital and privateequity transactions. He is active in severalcommunity organizations, including theCarolina Raptor Center, an environmentaleducation organization, where he has beenon the board <strong>of</strong> directors since 2002. Healso serves on the board <strong>of</strong> directors forArtsTeach, a not-for-pr<strong>of</strong>it organizationdedicated to maximizing academiclearning for students through “exposure,practice and infusion <strong>of</strong> the arts.”Dilip Paliath is now the law and politicsexaminer for the Baltimore Examiner’sWeb site (www.examiner.com/baltimore).His posts are available online.After spending the last six years inhousewith Wachovia Securities LegalDepartment, Todd Ratner and hislongtime Wachovia Securities colleague,Andrew Park, have formed Park Ratner,a law firm devoted to financial servicesdisputes. The firm will represent brokerdealers,brokers, and individual andinstitutional investors in arbitrations,litigation, administrative, and regulatoryproceedings. Todd and his wife, SarahYarbrough Ratner, have two boys, BenWANTED:A few good annual giving volunteersJoin the <strong>Law</strong> <strong>School</strong>’s volunteer team.Contact Helen M. Snyder ’87helensnyder@virginia.edu434-924-4668(7) and Jonah (5). Sarah is a member<strong>of</strong> Hunton & Williams’ labor andemployment team.Lori Sellers is senior counsel at HuschBlackwell Sanders in Kansas City, Mo.Her practice specializes in businesslitigation, securities industry regulationand litigation, and ERISA/employeebenefits litigation.Beth Shapiro, a senior staff attorney whohas worked in Community Legal Services’Elderly <strong>Law</strong> Project since 1998, now headsCLS’ Language Access Project, whichfocuses on the interests and needs <strong>of</strong>limited English pr<strong>of</strong>icient and immigrantclients. CLS represents low-incomePhiladelphia residents through individualcases, class actions, and policy advocacy.Beth lives in Philadelphia with herhusband, Mike, and two children, 7 and 3.Todd Suko joined Harman InternationalIndustries as vice president, generalcounsel, and secretary. Suko is a veteran<strong>of</strong> nearly 15 years in private law practiceand corporate legal affairs. He servedmost recently as vice president, generalcounsel and secretary for UAP HoldingCorporation and United Agri Products,Inc., where he led legal functions suchas regulatory compliance, intellectualproperty protection, mergers andacquisitions, commercial contracts, andrestructuring. Suko also served in the U.S.Navy with distinction for four years as acarrier-based bombardier/navigator.The Journal <strong>of</strong> the <strong>Virginia</strong> Trial <strong>Law</strong>yersAssociation recently published an articleby Scott A. Surovell entitled “To Pleador Not to Plead: Domestic Assaults andUVA <strong>Law</strong>yer • Fall • 2008 | 75


ClassNotesUnforeseen Consequences.” The articledescribes the problems and complexissues in cases involving domesticviolence and the far-ranging implicationsinvolved. “Counsel needs to go into adomestic assault with a clear appreciationfor all <strong>of</strong> these consequences,” writesSurovell, “so that a client can maketheir decisions on as informed a basisas possible.” Surovell is a member <strong>of</strong>Surovell Markle Isaacs & Levy in Fairfax,Va., where he practices civil and criminallitigation with a focus on family law,DWI, and personal injury.1997Jena Bridges Watson and her husband,Eric Watson, welcomed their first child,Julia Hope Watson, on May 18. Jena is apartner at Akin Gump Strauss Hauer &Feld in Washington, D.C.David Cappillo is proud to announce thebirth <strong>of</strong> David Christian Cappillo (Chris)on February 4, joining his two oldersisters, Maddie (6) and Kaitlyn (3).Smith Moore attorney Laura DeddishBurton, a board-certified immigrationspecialist, recently served as a panelist fora discussion on “Immigration, <strong>Law</strong> andEthics,” as part <strong>of</strong> the inaugural event forthe Center for Women, Ethics and PublicLife at Meredith College in Raleigh, N.C.Burton’s presentation was on immigrationlaw and ethics, focusing on what the lawrequires for non-U.S. citizens currentlyin the country and for those consideringcoming to the U.S., in addition to theways in which proposed legislation couldimpact immigration.Emily Giffin’s latest novel — her fourth— was published in May. Love the OneYou’re With is a story that poses thequestion: How can I truly love the oneI’m with, when I can’t forget the one whogot away? Giffin is the New York Timesbestselling author <strong>of</strong> Something Borrowed,Something Blue, and Baby Pro<strong>of</strong>. (See InPrint)Robert Kantas has been named a partnerat Shepherd, Smith, Edwards & Kantasin Houston, Tex. Kantas maintains aninternational securities arbitration andlitigation practice, representing investorsin a wide array <strong>of</strong> securities disputes.Ted Korth, anassociate with theSomerville law firm <strong>of</strong>Norris McLaughlin &Marcus, wasappointed to theBordentown PlanningBoard as a member.He will serve a four-year term in thisposition. Korth practices inenvironmental law.This year is turning out to be an exciting —and busy — year for Jennifer L. McClellan.On New Year’s Day, she became engagedto David Mills, finance director for BrianMoran for Governor. A November weddingis planned at the Homestead in HotSprings, Va. In June, McClellan becamePresident <strong>of</strong> the <strong>Virginia</strong> State Bar Young<strong>Law</strong>yers Conference. She has served as amember <strong>of</strong> the <strong>Virginia</strong> House <strong>of</strong> Delegatesrepresenting the 71st House District(parts <strong>of</strong> the City <strong>of</strong> Richmond andHenrico County) since 2006. McClellanalso serves as a superdelegate and recentlyattended her fourth Democratic NationalConvention. She is also assistant generalcounsel (mid-Atlantic South) for VerizonCommunications.Daniel J. Smith has joined the legaldepartment at Bill Me Later, Inc.as corporate counsel. He will beresponsible for supporting the company’sgeneral legal requirements, includinge-commerce and IP matters. Bill MeLater, located in Timonium, Md., usesproprietary technology to deliver a smart,safe, and speedy solution for shoppers andan attractive alternative payment solutionfor online merchants.Wendy Yoviene and her husband, JoeLissenden, welcomed their daughter,Callahan (Callie) Yoviene Lissenden, intotheir family on February 24.1998Matthew Bassiur, a federal prosecutorwith the U.S. Department <strong>of</strong> Justice’scomputer crime and intellectual propertysection, was the 2007 recipient <strong>of</strong> theU.S. Chamber <strong>of</strong> Commerce Awardfor Distinguished Service as a federalgovernment <strong>of</strong>ficial. Bassiur is the firstprosecutor in the United States to receivethis award.In July, Stephen C. Byrd became president<strong>of</strong> PSEG Energy Holdings in Newark, N.J.Byrd had been the senior vice president <strong>of</strong>finance, business development, strategy,and mergers and acquisitions <strong>of</strong> the PublicService Enterprise Group since January2007. Prior to that, Byrd was with MorganStanley, where he was executive director <strong>of</strong>the global energy and utilities group.Ann Coyle and her husband, Michael,joyfully welcomed Lucy to their family inNovember 2006. She joined big brotherMatthew (4).Katharine Dee Newman and her husbandwelcomed a son, Owen Grant, into theworld on July 26, 2007. In May 2007, theyattended the wedding <strong>of</strong> Danielle Levy inTel Aviv, Israel.Michael Fassler is Associate Director<strong>of</strong> Real Estate for Presidio Trust in SanFrancisco. The trust is a small federalagency created to maintain, rehabilitate,and develop the Presidio <strong>of</strong> San Franciscointo a self-sustaining national park.“We are the only federal agency chargedwith the task <strong>of</strong> being self-sufficient,”says Fassler. He oversees all commercialleasing at the Presidio, and has extensiveinvolvement with the negotiations andongoing project management <strong>of</strong> several<strong>of</strong> the large development projects within76 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesthe Presidio, including: rehabilitation <strong>of</strong>six historic civil war-era Victorian homesinto <strong>of</strong>fice duplexes, a 145,000-squarefootmixed-use development project nearthe Lucasfilms campus, a 77,000-squarefootmuseum dedicated to the life andtimes <strong>of</strong> Walt Disney, and a proposed100,000-square-foot contemporary artmuseum. “The Presidio has been animportant part <strong>of</strong> San Francisco historyas well as an outstanding example <strong>of</strong>historic California architecture,” saysFassler. His family has been in SanFrancisco for over a century.Jonathan Frutkin has opened TheAccu <strong>Law</strong> Group, providing outsidegeneral counsel to emerging technologycompanies. With locations inWashington, D.C., and Phoenix, Ariz., thefirm represents a wide variety <strong>of</strong> businessclients. Jon and his wife, Tara, have twoyoung children, Alexander and Samuel.Patricia S. Gill hasbeen named counselat Hunton & Williamsin Richmond, Va. Shejoined the firm inDallas in 2001 duringits merger withWorsham ForsytheWooldridge and relocated to Richmondlast year. As a member <strong>of</strong> Hunton &Williams’ labor and employment practice,she represents clients with a focus onwhistleblower and discriminationlitigation and counseling on complexemployee relations issues.Angie Hankins was recently made partnerin the intellectual property department <strong>of</strong>Stroock in the New York <strong>of</strong>fice.WANTED:A few good annual giving volunteersJoin the <strong>Law</strong> <strong>School</strong>’s volunteer team.Contact Helen M. Snyder ’87helensnyder@virginia.edu434-924-4668Earsa Jackson was recently selected forthe “50 Most Powerful and InfluentialWomen in Texas” list by Texas Diversitymagazine. Jackson was included basedon criteria that included leadershipin public and/or private sectors,accomplishments and contributionsto field <strong>of</strong> work, organizationalimpact, community commitment, andpr<strong>of</strong>essional excellence. She is the practicearea leader for Strasburger & Price’sfranchise & distribution group and alsohandles litigation matters in the areas <strong>of</strong>business torts, franchise and distribution,trademark infringement, contractdisputes, and commercial and residentiallandlord-tenant disputes.Craig May is a partner at Wheeler TriggKennedy in Denver, Colo., where hefocuses on civil trial work. A little morethan a year ago, he and his wife, Dianna,welcomed their second son, Charlie. Hisbig brother, Harris, has finally adjusted tothe new addition.Paul McCoy married his high schoolsweetheart, MaryKay, after attendinglaw school. They adopted a border colliethey named Bula. Paul practiced law forone year in London, then moved backto California in 1999, where he has livedand practiced law since. “My greatestachievements since law school are (1) mywife, (2) my dog, and (3) our home in theredwoods <strong>of</strong> Sonoma, California.”Stan McCoy has been promoted toAssistant U.S. Trade Representative forintellectual property and innovation. Heserves as principal advisor to the U.S.Trade Representative and administrativeagencies on intellectual property andtrade issues and is responsible fordeveloping and implementing tradepolicy aimed at reducing counterfeitingand piracy and enforcing protectionsfor both. He is the lead U.S. tradenegotiator on intellectual property andinnovation. Previously, McCoy served aschief negotiator for intellectual propertyenforcement as well as associate generalcounsel for the USTR.In September 2007, Tara MehrbachNewmyer joined the national board <strong>of</strong>NARAL Pro-Choice America.Jennifer Murphy Romig ’98 andMeredith Aden ’03 met each other atthe national conference <strong>of</strong> the LegalWriting Institute in Indianapolis, Ind.,and were happy to discover their <strong>Virginia</strong>connection. Meredith is Director <strong>of</strong> LegalWriting at Mississippi College <strong>School</strong> <strong>of</strong><strong>Law</strong>, and Jennifer teaches Legal Writing,Research, and Advocacy at Emory<strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>.Jackie Wright Bonilla is a biotech/pharma patent attorney with Foley &Lardner in Washington, D.C. Jackie, herhusband, Armando, a Department <strong>of</strong>Justice prosecutor, and their daughter,Brycen (3), welcomed the arrival <strong>of</strong>Brycen’s baby brother, A.J., on April 6.1999Reunion YearMichael Alexis and his wife, Jill, welcomedtheir third daughter, Evelyn Reilly Alexis, onJanuary 17. Evelyn joins big sisters AlisonIsabel (4) and Elizabeth Ann (2). Michael isan attorney with the employment litigationsection <strong>of</strong> the Department <strong>of</strong> Justice’s CivilRights Division.Kristen Cain Baldwin and her husband,David Baldwin, celebrated the birth <strong>of</strong>their second child and first son, MichaelDavid Baldwin, on August 16, 2007.Kristen is a motion picture attorney forParamount Pictures in Los Angeles.Stephanie Chandlerhas been named a“Rising Star” for 2008by Texas MonthlyMagazine. She is apartner in thetransactions,UVA <strong>Law</strong>yer • Fall • 2008 | 77


ClassNotesintellectual property, financial services,corporate & securities,telecommunications, life sciences andmedical technology, Internet/e-commerceand technology sections <strong>of</strong> the SanAntonio <strong>of</strong>fice <strong>of</strong> Jackson Walker.Galina Kolomietz and her husband,Matthew Frank, welcomed a daughter,Sarah Yonah Frank, on June 5, 2007.Sarah joins two older sisters, HannahRobin Frank, born on February 5, 2003,and Natalie Wren Frank, born on August11, 2004.After six years <strong>of</strong> working in the FederalPublic Defender Office in New York,David Patton is joining the <strong>University</strong><strong>of</strong> Alabama <strong>School</strong> <strong>of</strong> <strong>Law</strong> faculty asan assistant pr<strong>of</strong>essor <strong>of</strong> law teachingfirst-year criminal law and directing thecriminal defense clinic.Matthew Petersen was nominated bythe U.S. Senate to the Federal ElectionCommission. He will serve the remainder<strong>of</strong> a six-year term on the commission thatoversees election laws and investigatesalleged violations.biological weapons legislation expert. Heis undertaking a global audit <strong>of</strong> nationalimplementing legislation for theBiological and Toxin WeaponsConvention, and will be organizing andleading legislative assistance visits tocapitals. He recently co-authored with Dr.Ralf Trapp “The Chemical WeaponsConvention: The Second ReviewConference and Beyond,” which waspublished in the April 2008 issue <strong>of</strong> theHomeland Security and Resilience Monitor(London: Royal United ServicesInstitute). Scott previously worked asInterpol’s Biocriminalization projectmanager and as a researcher and legalconsultant to the Organisation for theProhibition <strong>of</strong> Chemical Weapons. Scottand his partner, Pere (Peter), recentlycelebrated 10 years together. They live inThe Hague, Netherlands.Brian Urbano is currently an AssistantU.S. Attorney in the District <strong>of</strong> NewJersey and an adjunct pr<strong>of</strong>essor <strong>of</strong> law atSeton Hall <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> inNewark, N.J.Kevin Yingling and his wife, Ashley,welcomed their third child, MargaretTinsley, on July 3, 2007.Sean M. Beard hasmade partner atHunton & Williams.He is a member <strong>of</strong> thefirm’s business practicegroup based inRichmond, Va., wherehis practice focuses onadvising large and small corporate clientsin <strong>format</strong>ion, governance, reorganization,mergers and acquisitions, and securitieslaw. In 2007, Beard was named aStakeholder 100 Award Winner. Thediversity award for top-performing lawyersin the U.S. was given by a selectioncommittee <strong>of</strong> more than 20 generalcounsel from major corporations.Amy Becker Strauss and Marc Strausswelcomed their second child, AdamBrand, on March 14. Their older son,Ethan, turned 3 in September. The familyresides in Brooklyn, N.Y.Sean Fairweather recently joined Axiomin New York. He was previously thedirector and counsel <strong>of</strong> the SecuritizedProducts Group at UBS AG. Axiom isa new model firm that empowers itsattorneys and clients by changing the waythey work together.Michael and Sali Rakower are pleased toannounce the birth <strong>of</strong> their first child,Rachel Dina Rakower (aka “AttorneyWork Product”), born 8 lbs. 1 oz. onFebruary 8.Scott Spence hasjoined the VerificationResearch, Trainingand In<strong>format</strong>ionCentre (VERTIC), aLondon-based NGO,as their chemical andIngrid Fuquen ’01 and Aaron Zeisler weremarried in Charlottesville on June 7. Theylive in New York City, where Ingrid worksin the legal department at BlackRock andAaron is a litigation partner at SatterleeStephens Burke & Burke.2000Amy Ashton Shaw has joined GivaudanFlavors Corporation as associate generalcounsel, where she focuses her practice oncontracts and transactional matters. Sheand her husband, Tony Shaw, were marriedon November 10, 2007. The wedding partyincluded Lizanne Waldner Renaud. Thecouple lives in Cincinnati, Ohio.Kandice Giurintanohas been selected toserve a one-year termas Web site vice-chair<strong>of</strong> the commercialtransportationlitigation generalcommittee, a division<strong>of</strong> the tort trial & insurance practicesection <strong>of</strong> the ABA. Kandice is a member<strong>of</strong> the Pennsylvania Bar Association,post-trial and appellate practicecommittee, as well as the Dauphin Countyand Lebanon County Bar Associations.Robert Keeling was made partner withSidley Austin in their Washington,D.C. <strong>of</strong>fice. His practice is in litigation,focusing on trial litigation.78 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesSteve Leasure recently accepted aposition with HealthSouth Corporationas Director, Corporate and Securities.He is leaving Hunton & Williams andCharlotte, where he has practicedsince graduation. His wife, Kerry, anddaughters, Annabelle and Dot, lookforward to making a new home furthersouth and reuniting with several other<strong>Law</strong> ’00 ex-pats in Birmingham, Ala.Krisanne Schlachter Cunningham andher husband, Case, were blessed withtheir second child, a girl, Payson Shea,in July 2007, joining big brother Cooper.Krisanne is special counsel at Holland& Hart based out <strong>of</strong> the Las Vegas <strong>of</strong>ficeand practices in the tax and businessdepartments.Shaheen Sheik has released her secondalbum, “Revolution.” Her first, “RockCandy,” was released in 2005 and hasgarnered both critical attention and radioplay in California as well as video rotationon MTV Desi. Los Angeles Star 98.7FMradio station fans honored Sheik as a Top 10finalist in the 2007 Unsigned Artist Search.We are sad to report the loss <strong>of</strong> a good friendand classmate, Jonathan H. Siegelbaum.Jon passed away on October 1, due tocomplications arising from heat strokesuffered while running a half-marathon.While at the <strong>Law</strong> <strong>School</strong>, Jon was a NotesEditor for the <strong>Virginia</strong> <strong>Law</strong> Review and waselected to the Order <strong>of</strong> the Coif. Followinglaw school, Jon clerked for the HonorableNorman H. Stahl on the First Circuit andpracticed at WilmerHale in Washington,D.C. Most recently, Jon served as Counselto the U.S. Department <strong>of</strong> the Treasury. Hewas also an active member <strong>of</strong> the Obamacampaign.More important than his pr<strong>of</strong>essionalaccomplishments, Jon was a proud fatherand husband. He and his wife, ElizabethFrazier (Darden ’99), were married whileJon was in his second year at the <strong>Law</strong><strong>School</strong>. After Jon’s clerkship, they settled inBethesda, Md., and started a family, withtwo young children, Ava (5) and Elliot (2).We will all remember Jon for his easygoingnature, his dedication to a careerin the law and public service, and hiscommitment to his family and friends.Jud Turner, along with several partners,formed a new company, Georgia360, toprovide fully integrated public affairsservices to corporate and associationclients across Georgia. The firm’s staff isbased in both metro Atlanta and coastalGeorgia, providing strong public affairscoverage across the state. Turner mostrecently served as executive counsel toGeorgia Governor Sonny Perdue, wherehe advised the Governor on the fullgamut <strong>of</strong> executive branch legal matters,including issues related to the statebudget process, judicial appointments,government procurements, educationpolicy, retirement pensions and other postemployment benefits, ethics and litigation.Brian Wise’s son, Cole, turned twothis March and the family is expectinganother child this fall.2001Christian Atwood made partner atChoate, Hall & Stewart in January. Heand his wife, Susan, together with recentarrival Griffin Charles Atwood (their firstchild) make their home in the Roslindale/West Roxbury neighborhood <strong>of</strong> Boston.Tess and Matthew Bosher had theirsecond child, Flannery Tucker (“Annie”),on February 6. She joins her big sister,Jane Clare, who turned 2 in January.The family relocated from Alexandria toRichmond in September, where Matthewjoined Hunton & Williams.Allison Buchko Edgar and her husband,Jonathan Edgar, had twins in April. Thecouple welcomed Jenna <strong>Virginia</strong> andBryson Harlan Edgar to their family.Howard W. Chang received the 2008Angela Lloyd Book Award from theClassical Association <strong>of</strong> <strong>Virginia</strong> fordedication and excellence in teaching. Hehas taught for five years, and currentlyteaches at Flint Hill school in Oakton, Va.Ingrid Fuquen and Aaron Zeisler ’99 weremarried in Charlottesville on June 7. Theylive in New York City, where Ingrid worksin the Legal Department at BlackRock andAaron is a litigation partner at SatterleeStephens Burke & Burke.Gunes Hopson is now director, assistantgeneral counsel with Capital One inRichmond, Va. He was previously vicepresident and assistant general counselwith Wachovia Securities.Susan Leader hasjoined Dreier SteinKahan Browne WoodsGeorge as an associatein the Los Angeles<strong>of</strong>fice, where her workfocuses oncommercial litigation.Before joining the firm, she was anassociate at Gibson, Dunn & Crutcher.Elizabeth Lemond McKeen practiceslaw in the Newport Beach, Calif., <strong>of</strong>fice<strong>of</strong> O’Melveny & Myers. She is in the classactions group, where her focus is onfinancial services litigation. She and herhusband welcomed a baby girl, CarolineElizabeth McKeen, on October 17, 2007.Will Olson and Alison Perine ’03 weremarried on June 28, in Simsbury, Conn.Patrice Hayden ’02 was a bridesmaid inthe wedding. Tom Bayliss ’03, KandiceHorsey ’03, and Kena Njoya ’02 alsoattended the wedding. The groom is anattorney with Bryan Cave in Washington,D.C. The bride is a special agent withthe Federal Bureau <strong>of</strong> Investigation. Thecouple currently resides in Alexandria,Va., and Milford, Conn.Beppy Owen has joined the Orlando<strong>of</strong>fice <strong>of</strong> Akerman Senterfitt. He practicesin the corporate group, specializing inmergers and acquisitions.UVA <strong>Law</strong>yer • Fall • 2008 | 79


ClassNotesIn January, Monica Welt was promotedto counsel at Crowell & Moring inWashington, D.C., where her practicefocuses on environmental tort litigationand product liability counseling.2002Alexandra Dell’s feature, “DeconstructingCarmel” was published in the May 19 issue<strong>of</strong> Newsweek. Dell, who resides in NewYork, continues to work for GreenstreetFilms in addition to writing.Neely Fedde has accepted a new positionwith the U.S. District Court for theDistrict <strong>of</strong> Kansas, clerking half timefor Chief Judge Kathryn H. Vratil andworking half time as the Court’s publicoutreach coordinator. She was previouslya business litigation associate with Shook,Hardy & Bacon in Kansas City, Mo.Southern District <strong>of</strong> New York. Kris andhis wife, Annette, moved from San Diegoto New York City this summer.Robert B. Williams, Jr., and QuynhNguyen welcomed their first child, RobertB. Williams III (“Trip”), on November 19,2007. Baby, mom, and dad are all doinggreat. When not changing diapers, Robworks as a tax associate in Sutherland’sWashington, D.C., <strong>of</strong>fice.2003Bryan Johansen has been promoted toshareholder at Parr Waddoups BrownGee & Loveless in Salt Lake City, Utah.He is a member <strong>of</strong> the firm’s commerciallitigation group, focusing on intellectualproperty and issues related to the Internetand e-Commerce.Crystal Lovett-Tibbs has been involvedwith Senator Obama’s Presidentialcampaign since the announcement <strong>of</strong>his candidacy on February 10, 2007.She currently serves as president <strong>of</strong> St.Louis for Obama, is on the leadershipcommittee <strong>of</strong> Missouri Women forObama, and is co-coordinator <strong>of</strong> Young<strong>Law</strong>yers for Obama-St. Louis.Jason Piche and his wife, Catherine,welcomed their first child, a daughter,into the world on October 27, 2006. LyraGrace Piche is now a very active toddlerand “provides non-stop entertainment.”After serving two deployments as aninfantry platoon commander in theUnited States Marine Corps (mostrecently along the Iraq/Syrian Border),Kris Hrones has accepted a position as anAssistant United States Attorney for theSetting things STRAIGHTIn the Spring 2008 UVA <strong>Law</strong>yerwe wrongly married two alumni.Meredith Caskey ’02 didmarry a UVA alumnus onSeptember 29, 2007. Meredithmarried Andrew Parker (Eng’95, ’96), not Andrew Parker ’90.Meredith and Andrew residein Washington, D.C., whereMeredith is a partner atMcDermott Will & Emery.Andrew Parker ’90 reportsthat he has been, and remains,happily married to Susan Parkerfor 14 years.Jack and Kelley (Riddle) Edwardswelcomed their first child, John SaulEdwards III (“Trey”), on February 10.Trey was born weighing 7 pounds, 6ounces, and measuring 20 inches. He metseveral <strong>of</strong> his parents’ <strong>Law</strong> <strong>School</strong>classmates at the five-year reunion inMay, and he attended his first UVAfootball game in October. Orange andblue are already Trey’s favorite colors andhe is destined to be a Wahoo one day.Ferris Hussein left the Department <strong>of</strong>Justice to take a position as the chieflegal advisor to Iraq’s Minister <strong>of</strong> Justice,working out <strong>of</strong> Baghdad.Edyn Jessup and BeatU. Steiner ’80 havepublished CommercialLeasing in Colorado: APractical Guide(Bradford Publishing).Steiner is a partnerand Jessup anassociate in the Boulder, Colo., <strong>of</strong>fice <strong>of</strong>Holland & Hart, a firm <strong>of</strong> 450 lawyerswith <strong>of</strong>fices throughout the RockyMountain region.Stacey L. Rose recently became engagedto Daniel F. Harris, a family medicineresident at Georgetown <strong>University</strong>.Andreas Stargard is with Howrey inWashington, D.C., where his practicefocuses on antitrust litigation. He haspurchased an old row house in theBloomingdale area <strong>of</strong> Washington, has twodogs (a Bouvier des Flandres and a WheatenTerrier) and still drives the same car.Karl Trunk worked as a Signal Corps<strong>of</strong>ficer in the United States Army from2003 to 2007 and spent most <strong>of</strong> that timestationed in Seoul, Korea. He now lives inthe Washington, D.C., metro area and doesconsulting work for Booz Allen Hamilton.After four years in the Washington, D.C.,area, Jonathan Woodruff and his wife,Melissa Rose Woodruff, moved back toCharlottesville in December 2007, whenMelissa joined the capital markets groupat McGuireWoods.80 | UVA <strong>Law</strong>yer • fall • 2008


ClassNotesAlumni Events2004Reunion YearJeff Barnes recently joined the Houston<strong>of</strong>fice <strong>of</strong> Jackson Lewis, where he practiceslabor and employment law.Back row, from left: Former Dean John Jeffries, Dean Paul Mahoney, and Ray Harbert.Front row, from left: Kathyrn Harbert, Joel ’65 and Karen Piassick, and <strong>University</strong> PresidentJohn Casteen, on the occasion <strong>of</strong> the Board <strong>of</strong> Visitors’ approval <strong>of</strong> the <strong>Law</strong> <strong>School</strong>’s Joel B.Piassick Research Pr<strong>of</strong>essorship. The pr<strong>of</strong>essorship was created by the Harberts in honor <strong>of</strong>their friend.KATHY KAYSERIn an August edition<strong>of</strong> Massachusetts<strong>Law</strong>yer’s Weekly,Yalonda Howze wasone <strong>of</strong> 25 youngattorneys named aRising Star <strong>of</strong> theMassachusetts Bar,and was honored in the Up & ComingAttorneys feature <strong>of</strong> the publication.Howze, a litigation associate with MintzLevin in Boston, is a board member at the<strong>Law</strong>yers Committee for Civil Rights andhas taken on pro bono work that’s made animpact in two significant civil rights cases.After three and a half years <strong>of</strong> practicingin the corporate group <strong>of</strong> Skadden Arps’London <strong>of</strong>fice, Kevin Maxwell hasrelocated to Skadden’s Washington, D.C.,<strong>of</strong>fice. He started work on April 1, aftertaking a month-long holiday in Africa.From left: AnastasiaGreenbaum ’96, LauraPietro, and Michael Toth’06 at the New York CityReception on the “Fall forPaul” Tour. Tour eventswere held around thecountry to introduce DeanPaul Mahoney to alumni.Mark Sigrist and wife, Sara, welcomedGabriel Stuart Sigrist on June 25.2005Jennifer DeLeonardo and Adam Freywere married on June 30, 2007, at Jenn’sparents’ home in Milford, Conn. DavidTonini served as a groomsman, andKieran Brenner provided the music forthe ceremony. Nilla Watkins, BrookePurcell, John Winn, and Kerem Turuncalso helped celebrate. Jenn and Adam havebeen living in Melbourne, Australia, sinceAugust 2007, where Jenn is an associate atSullivan & Cromwell and Adam is a policyanalyst at the Australia/Israel & JewishAffairs Council. They welcome alumni tovisit them in Melbourne.From left: Harry Shannon ’82, Helen Snyder ’87, and Kathy Robb ’80 atthe New York City Reception in September.UVA <strong>Law</strong>yer • Fall • 2008 | 81


ClassNotesMyles D. Roberts hasjoined Potter Anderson& Corroon inWilmington, Del.,and has been admittedto the Delaware Bar.He is an associate inthe firm’s corporatepractice group and counsels Delawarebusinesses on corporate law and governanceissues. Before joining Potter Anderson, hewas engaged in private practice and focusedhis practice on public finance transactions.Davene Swinson married Barry WayneWalker, Jr. on May 17.2006Fernando CaceresLL.M. has left thePeruvian CompetitionAgency, where he servedas Commissioner <strong>of</strong>the Free CompetitionCommission for thepast two years, toopen his own practice on trade regulationaffairs. Likewise, he is currentlydelivering a grant from the InternationalDevelopment Research Centre (Canada)and teaching Competition <strong>Law</strong> at thePostgraduate Program <strong>of</strong> UniversidadPeruana de Ciencias Aplicadas.Sean Cameron recently accepted a positionas an associate at Davis and Gilbert inNew York, where he will focus on generalcommercial and copyright litigation.Caroline Geiger is soon to enter herthird year as a corporate associate inthe New York <strong>of</strong>fice <strong>of</strong> Weil, Gotshal &Manges. Caroline spent nearly two yearsin Weil Gotshal’s litigation and regulatorydepartment, where she worked primarilyon intellectual property matters. In April,she joined Weil Gotshal’s new technology& intellectual property transactionspractice group, where her practice focuseson complex licensing and technologytransactions.Jacque Hartley is now an associate inthe corporate group with Dow Lohnesin Atlanta, Ga. She was previously in thecorporate group <strong>of</strong> King & Spalding.Thidaporn Sirithaporn LL.M. is nowa lecturer <strong>of</strong> law at Chulalongkorn<strong>University</strong>, Bangkok, Thailand. InJune, she was appointed assistantcourse director for the LL.B. (GraduateProgram); this program is a fast trackintensive law degree program specificallydesigned for individuals who alreadyhold an undergraduate degree in a fieldother than law. Most recently, Sirithapornhas been project researcher for the ThaiMinistry <strong>of</strong> Commerce on topics relatingto potential reforms <strong>of</strong> Thai domesticregulations relating to free trade.Napatporn C. Tongbai LL.M. passed thejudge selection exam in Thailand in July.She will be appointed as a judge trainee atthe Court <strong>of</strong> Justice in October.Jennifer Wine, a soon-to-be third yearassociate in the Washington, D.C., <strong>of</strong>fice<strong>of</strong> Weil, Gotshal & Manges, was recentlypr<strong>of</strong>iled in Legal Bisnow’s “30 Under 30”report. Legal Bisnow.com is an electronicpublication that pr<strong>of</strong>iles attorneys, law firms,and legal issues in the Washington region.2007Anna Markham joined the media,in<strong>format</strong>ion, and technology practicegroup at the Washington, D.C., <strong>of</strong>fice <strong>of</strong>Dow Lohnes. She also became engaged toWilliam Sanders on April 24.On September 10, Everton Morrisbegan his career in private practice asa labor and employee law associate atthe Morristown, N.J., based McElroy,Deutsch, Mulvaney & Carpenter,following his judicial clerkship.Albert “BJ” Stieglitz, Jr., marriedAmanda J. Scovil on October 6, 2007,at Duke <strong>University</strong> Chapel in Durham,N.C. The bride is currently employed asa physician’s assistant with <strong>University</strong>Cardiothoracic Surgical Associates, andthe groom is a clerk for U.S. DistrictJudge John G. Heyburn II <strong>of</strong> the WesternDistrict <strong>of</strong> Kentucky. The couple residesin Louisville, Ky.2008Daniel E. Balserakbecame an associatewith Sullivan &Worcester inSeptember, in theBoston <strong>of</strong>fice.Katherine Crockett has joined SpilmanThomas & Battle as an associate inthe firm’s Charleston, W.Va., <strong>of</strong>fice.She primarily practices in the area <strong>of</strong>environmental litigation.82 | UVA <strong>Law</strong>yer • fall • 2008


InMemoriamJames I. Hardy ’36Alexandria, Va.August 8, 2008Richard G. Fuller, Jr. ’50Amelia Island, Fla.July 5, 2008Dean Elliott Lewis ’58Charleston, W.Va.May 8, 2008Richard W. Hogan ’69Chesterfield, Va.March 8, 2008Edward <strong>Law</strong>rence Ryan, Jr. ’36September 18, 2008Richmond, VA.John E. Jenkins, Jr. ’50Huntington, W.Va.July 4, 2008John M. Bullock ’59Latonia, Ky.May 4, 2008W. Joe Hoppe ’71Richmond, Va.July 26, 2008Richard B. Kleinknecht ’39Richmond, Ind.March 5, 2008Ralph L. Kelly ’51Bennettsville, S.C.July 12, 2008James D. Colt ’59Wenham, Mass.June 5, 2008James Brown ’72Pleasant Hill, Pa.September 16, 2008Frank L. Watson ’39Jacksonville, Fla.March 28, 2008Torsten H. Parke, Jr. ’51Hull, Mass.February 28, 2008James P. Halloran ’59Toledo, OhioMarch 9, 2008Thomas M. Whiteman, Jr. ’72Roanoke, Va.May 16, 2008Kiliaen V. R. Townsend ’42Atlanta, Ga.March 23, 2008John F. Rixey ’51<strong>Virginia</strong> Beach, Va.May 31, 2008Albert F. Lilley ’59Chapel Hill, N.C.April 17,2008Kent Olson ’72September 1, 2008Washington, D.C.Morton B. Spero ’46Petersburg, Va.July 19, 2008Charles A. Somma, Jr. ’51Midlothian, Va.August 1, 2008A. Robert Hahn, Jr. ’60Anchorage, Ala.May 6, 2008John R. Rawling ’73Phoenix, Ariz.June 25, 2008William C. Battle ’47Ivy, Va.May 31, 2008Robert A. Blackwood ’47Iowa Park, Tex.March 15, 2008Newton P. Allen ’48Memphis, Tenn.March 9, 2008T. Keister Greer ’48Rocky Mount, Va.May 23, 2008James M. Manire ’48Memphis, Tenn.July 27, 2008Joe Fry Odle, Jr. ’48Summit, Miss.February 28, 2008HonorableFrederick Edenharter ’49Reading, Pa.March 27, 2008T. T. Waaland ’49Grimstad, NorwayMay 14, 2007Robert Knox Egan ’50Wichita Falls, Tex.August 18, 2008George Stuart ’51August 23, 2008Abingdon, Va.James H. Crewdson ’52Cross Lanes, W.Va.March 28, 2008John J. Hackett ’53June 1, 2004William H. Hutcherson, Jr. ’53Cincinnati, OhioSeptember 2, 2005Lloyd A. B. Mitchell ’54Mount Joy, Pa.March 2, 2008<strong>Law</strong>rence Parke Watkin ’55Encino, Calif.April 25, 2008George P. Osborn ’56Wilson, N.C.May 19, 2008Glenn Eldon Harris ’57Marble, N.C.June 30, 2008McCormick R. Covington ’58Beachwood, OhioFebruary 19, 2008John D. Kirkland ’58Houston, Tex.January 21, 2008HonorableCourtland Dixon Perry II ’61Augusta, MaineApril 6, 2007Robert Bernard Jennings ’63New Orleans, La.September 6, 2008John G. Mann, Jr. ’63Jamaica, Vt.June 12, 2008Michael W. Maupin ’64Richmond, Va.May 5, 2008Robert M. Siuzdak ’64Naugatuck, Conn.March 13, 2008Ronald Paul Stenlake ’66Plano, Tex.May 17, 2008Jan P. Tabaka ’66Atlanta, Ga.June 15, 2008James F. Gay ’68Chesapeake, Va.April 20, 2008William Evenson ’69September 7, 2008Richmond, Va.Honorable John W. Scott, Jr. ’73Fredericksburg, Va.April 16, 2008Thomas K. Brotherton, Jr. ’77Richmond, Va.June 10, 2008John H. Underwood III ’77Portsmouth, Va.March 2, 2008William Ray Lucas, Jr. ’80Mountain Brook, Ala.September 26, 2008Danni J. Haag ’84Chicago, Ill.September 20, 2007Robert A. Freeman ’88Dover, Mass.September 22, 2008Loran C. DeBerry ’95Fort Worth, Tex.June 13, 2008Sean D. May ’98Denver, Colo.August 27, 2008Jonathan H. Siegelbaum ’00Bethesda, Md.October 1, 2008UVA <strong>Law</strong>yer • FALL • 2008 | 83


In PrintNon FictionThe Health Care Revolution:From Medical Monopoly toMarket CompetitionCarl Ameringer ’78<strong>University</strong> <strong>of</strong> California PressCarl Ameringer traces the historythat has led to America’s unique marketbasedhealth care system. He reveals how inthe late 1970s Congress and the SupremeCourt prompted the federal government’santi-trust agencies — Federal TradeCommission and theJustice Department— to change therules under which thehealth care systemworks. His balancedaccount describessocial, economic, andpolitical aspects <strong>of</strong>the current system, examines the views<strong>of</strong> its proponents and opponents, andtakes a look at where we are headed. TheHealth Care Revolution, notes one reviewer,“will claim the attention <strong>of</strong> scholarsand policymakers because it frames themodern history <strong>of</strong> medical care in new andimportant ways.”Ameringer is Pr<strong>of</strong>essor <strong>of</strong> HealthPolicy and Politics at the L. Douglas Wilder<strong>School</strong> <strong>of</strong> Government and Public Affairsat <strong>Virginia</strong> Commonwealth <strong>University</strong>.Kentucky Houses <strong>of</strong>Stratton HammonWinfrey Blackburn ’64 and R. Scott GillButler BooksThe renowned residential architectStratton Hammond designed homes inLouisville, Ky., and throughout the state.His houses combine the classic beauty<strong>of</strong> Colonial American architecture andthe latest conveniences <strong>of</strong> modern life.Years in the making, this book features acomprehensive biography <strong>of</strong> the notedarchitect, detailed descriptions and floorplans <strong>of</strong> each house, and many full-colorphotographs. Architecture scholar RichardGuy Wilson wrotethe introduction.KentuckyHouses <strong>of</strong> StrattonHammon wasawarded thebronze medal forexcellence in thenational architecture category <strong>of</strong> the 2008Independent Publisher book awards.Winfrey Blackburn is a senior partnerwith Blackburn Hundley & Domene inLouisville. The book is available at www.butlerbooks.com.Rescuing America:The Bipartisan PathRichard Clemens ’65Tate PublishingDemocrats and Republicans claimthey have solutions to America’s mountingfiscal problems. In Rescuing America:The Bipartisan Path,Clemens makes thecase that to achieveany real progress, thetwo major partieswill have to worktogether. He urgespolitical leadershipto leave behindpartisan politics and focus on the nation’schallenging issues, including the warin Iraq, the trade deficit, Medicare, andSocial Security. “Rampant partisanship,”he writes, “has paralyzed the ability <strong>of</strong> ourgovernment to act and lead and inspire.”In the last chapter, written wellbefore the first presidential primary forthe 2008 election, the author focuses onthe contrasting views <strong>of</strong> Senators JohnMcCain and Barack Obama. “Throughoutthe book,” writes one reviewer, “we benefitfrom [Clemens’] status as an intelligent,neutral observer without a stake in the‘inside the beltway’ game <strong>of</strong> politics.”Clemens is a fellow <strong>of</strong> the Centeron Federal Financial Institutions, anonpartisan public policy institute thatstudies the federal government’s insuranceand lending policies.Madame Chiang Kai-shek and MissEmma Mills: China’s First Lady andHer American FriendThomas A. DeLong ’60McFarland & Co.Mayling Soong Chiang, the wife <strong>of</strong>Chinese leader Chiang Kai-shek, played animportant role in her work in China fromthe 1930s to 1975.At the age <strong>of</strong> 10 shecame to the U.S. fora Western education,and while a studentat Wellesley she madeher closest Americanfriend, Emma Mills.After graduating in1917, Mills worked on the editorial staff <strong>of</strong>a newspaper in China and tutored there.Back in the United States, she helped raisefunds for the education <strong>of</strong> young Chinesein the United States.UVA <strong>Law</strong>yer • FALL • 2008 | 85


In PrintMadame Chiang Kai-shek and EmmaMills shared a lifelong correspondence.Mills’ unsealed letters and journalentries, upon which much <strong>of</strong> this bookis based, provided Madame Chianginsights into American isolationistattitudes <strong>of</strong> the time. The two womenshared a sense <strong>of</strong> purpose and a commoncause in their work for China andChinese-American relations.DeLong is also the author <strong>of</strong> acomprehensive biography <strong>of</strong> John DavisLodge.Animals as Persons: Essays on theAbolition <strong>of</strong> Animal ExploitationGary L. Francione ’81Columbia <strong>University</strong> PressGary Francione is a philosopher <strong>of</strong>animal rights law and ethical theory and isknown for his criticism <strong>of</strong> animal welfarelaws and regulations,his abolitionist theory<strong>of</strong> animal rights,and his promotion<strong>of</strong> veganism andnonviolence. Thisvolume is a collection<strong>of</strong> previouslypublished essays(some with postscripts) and one newchapter. In Animals as Persons Francioneargues that using animals under anycircumstances is unjustifiable anddescribes the ability <strong>of</strong> humans to cherishsome animals as companions and somemerely as food or clothing as our “moralschizophrenia” toward animals.Francione is Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong> andNicholas deB. Katzenbach Scholar <strong>of</strong> <strong>Law</strong>and Philosophy at Rutgers <strong>University</strong>-Newark. He has lectured on the subject<strong>of</strong> animal rights throughout the UnitedStates, Canada, and Europe.General Principles <strong>of</strong> Businessand Economic <strong>Law</strong>John W. Head ’79Carolina Academic PressThis book surveys the relationshipbetween law and economic activity.Head covers the basic principles thatgovern banking,insurance, employment,intellectual propertyrights, competition,tax, environmentallaw, and other areas.Even though there is alot <strong>of</strong> diversity amongcountries, the author explains how basicconcepts still hold true throughout most <strong>of</strong>the world.Head is a Pr<strong>of</strong>essor <strong>of</strong> International<strong>Law</strong> at Kansas <strong>University</strong>. He has worked inseveral international financial institutionsand has written a number <strong>of</strong> books onglobal business law and internationaldevelopment law and institutions.Losing the Global Development WarA Contemporary Critique <strong>of</strong> the IMF,the World Bank and the WTOJohn W. Head ’79Brill-Nijh<strong>of</strong>fJohn Head, Pr<strong>of</strong>essor <strong>of</strong> International<strong>Law</strong> at Kansas <strong>University</strong>, gives a newperspective on some <strong>of</strong> the most importantglobal organizations — the World Bank,the World TradeOrganization, andthe InternationalMonetary Fund —sizing them up interms <strong>of</strong> legal andpolicy issues. Thein<strong>format</strong>ive textwas written with aninformed lay audience in mind. Readerswill learn about the effect <strong>of</strong> “missioncreep,” “democracy deficit,” and otherissues that impact the ongoing globaldevelopment war.The Football Uncyclopedia: A HighlyOpinionated Myth-Busting Guide toAmerica’s Most Popular GameMichael Kun ’88 with Adam H<strong>of</strong>fClerisy PressAfter The Baseball Uncyclopedia,Michael Kun is back by popular demand totackle his latest subject, football. If a ref hasever made a call you didn’t like, or you’veever risen to your feet while watchinga game, you will enjoy the insights andirreverence on every page <strong>of</strong> The FootballUncyclopedia.The authors include some statisticalanalysis, lots <strong>of</strong> opinions, and lots <strong>of</strong> myths(debunked). Alphabetical entries run thegamut — owners,champions, uniforms,bad attitudes, catchycommercials, andgreat plays — alldescribed with a sense<strong>of</strong> humor, a dose <strong>of</strong>sarcasm, and passionfor the sport. Fans beforewarned: nothing is <strong>of</strong>f limits!“If you’re not watching football thisweekend, you should be reading this book,”says one reviewer. And if you are, she says,“Keep it by your elbow, and you won’tthrow anything at the TV. You’ll be toobusy laughing.”Michael Kun is in private practice inLos Angeles.McCandlish & Lillard 1908-2008:100 Years <strong>of</strong> Tradition, Innovation,and ResultsR. Peyton Mahaffey ’80Signature Book PrintingThe law firm <strong>of</strong> McCandlish & Lillardtraces its history back to the practice <strong>of</strong> asingle lawyer named F.D. Richardson ina small town called Fairfax in 1908. Lastsummer McCandlish & Lillard celebratedits first 100 years. This narrative andpictorial history documents the firm’sgrowth and its contributions to the legaland businesscommunities<strong>of</strong> FairfaxCounty and theCommonwealth<strong>of</strong> <strong>Virginia</strong>.R. PeytonMahaffey,principal andpresident <strong>of</strong> the firm, wrote the text andtook many <strong>of</strong> the photographs featured inthe book.86 | UVA <strong>Law</strong>yer • FALL • 2008


In PrintEnemy <strong>of</strong> the State: The Trial andExecution <strong>of</strong> Saddam HusseinMichael A. Newton ’90 and Michael P.ScharfSt. Martin’s PressThis is the definitive history and thefascinating inside story <strong>of</strong> the nine-monthtrial <strong>of</strong> Saddam Hussein. For one year theauthors, both expertson international warcrimes, led a team <strong>of</strong>experts who preparedthe prosecution andthe judges for one <strong>of</strong>the most importanttrials in modernhistory. MichaelNewton, then a pr<strong>of</strong>essor at West Point,collaborated with Scharf (a former StateDepartment <strong>of</strong>ficial) to write the rulesfor the tribunal, determine which crimesshould be prosecuted, whether the deathpenalty would be involved, and otherdifficult issues involved in the explosiveproceedings.Currently Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong> atVanderbilt <strong>University</strong> <strong>Law</strong> <strong>School</strong>,Lieutenant Colonel (Ret.) Newtonserved in both the Clinton and Bushadministrations as advisor to theAmbassador-at-large for war crimesissues at the U.S. Department <strong>of</strong> State.The Web site for the book (www.enemy<strong>of</strong>thestatebook.com) containsexcerpts, sound files <strong>of</strong> author interviews,pictures, and an interactive blog wherereaders can pose questions.Commercial Leasing in Colorado:A Practical GuideBeat U. Steiner ’80 and Edyn Jessup ’03Bradford PublishingSteiner and Jessup, both attorneyswith Holland & Hart in Boulder, Colo.,wrote this book withColorado real estateattorneys and leasingbrokers in mind.They cover basiclegal principlesand highlight thestrategies usedbehind the scenes in negotiating, drafting,and modifying lease provisions.The authors provide useful checklistsfor every common lease clause, a glossary<strong>of</strong> legal and real estate terms, and severalsamples <strong>of</strong> different kinds <strong>of</strong> leasingforms. At the end <strong>of</strong> each chapter there’s achecklist for tenants and one for landlordsso either party can review a lease to makesure it’s in their best interests. “The wholeidea,” says Steiner, “is to make people moreintelligent in the lease negotiation processso it doesn’t get into a shouting match orcrass bargaining.”At Holland & Hart, Steinerspecializes in the acquisition, disposition,development, and financing <strong>of</strong> real estate,and Jessup focuses on real estate financeand development transactions.FictionDivine JusticeDavid Baldacci ’86Grand Central PublishingIn the fourth novel in the everpopularCamel Club series, John Carr,alias “Oliver Stone,” is on the run. He hasassassinated two menwho had silencedhim, and top U.S.government <strong>of</strong>ficialsorder a massivemanhunt to bringhim in. A master spynamed Macklin Hayespursues Stone forhis own reasons and wants him dead. Anisolated coal-mining town in the hills <strong>of</strong><strong>Virginia</strong>, a world away from the center <strong>of</strong>power deals in Washington, D.C., seemslike a good place for Stone to hide outfrom his deadly pursuers — until his ownshadowy past catches up with him.Baldacci and his family live in <strong>Virginia</strong>.He and his wife have founded the Wish YouWell Foundation, a nonpr<strong>of</strong>it organizationdedicated to supporting literacy effortsin America. Visit his Web site at www.davidbaldacci.com and the foundation atwww.wishyouwellfoundation.org.The Legal LimitMartin Clark ’84Alfred A. KnopfMartin Clark’s third novel is based ona case he once heard as a judge in Stuart, Va.Two brothers named Gates and Mason grewup with an angelic mother and a violentand abusive father. Gates’s life is a wreck,while Mason is on a straighter track in lawschool. On a fateful visit home, Masongoes out with his brother and in the heat<strong>of</strong> a confrontation, Gates shoots and killssomeone. There are no witnesses to thecrime, and Mason hides the weapon andfabricates a story to cover up for his brother.This secret forms a tiebetween the two men.Years later,Mason comesback home ascommonwealthattorney. His brothermeanwhile is inserious trouble forselling cocaine. He asks Mason to rig apardon for him, and when Mason refuses,more tension ensues.The Legal Limit is a darker novelthan Clark’s first two (The Many Aspects<strong>of</strong> Mobile Home Living and Plain HeathenMischief), but just as entertaining, with“lots <strong>of</strong> crackling Southern dialogue and aplot wound as tightly as a watch,” accordingto a review in The Los Angeles Times.Clark serves as circuit court judge forPatrick and Henry Counties and the city <strong>of</strong>Martinsville, Va.Love the One You’re WithEmily Giffin ’97St. Martin’s PressEllen and Andyhave a great marriage,the kind in whichhusband and wifebring out the bestin each other. Butone day in a chanceencounter, Ellenruns into Leo, theformer flame who brought out her worstand left her with a broken heart and noUVA <strong>Law</strong>yer • FALL • 2008 | 87


In Printexplanation eight years ago. Suddenly all <strong>of</strong>her old emotions well up, and Ellen beginsto question the life she’s living and thechoices she’s made.In Love the One You’re With, “readerswill follow Ellen with fascination andtrepidation as she enters the dangerouswaters <strong>of</strong> what might have been — orstill could be,” writes a Hartford-Courantreviewer. New York Times bestsellingnovelist Emily Giffin delivers a compellingstory for anyone who has ever wonderedabout the road not taken.Giffin lives in Atlanta with herhusband and three children.The Great Wide SeaMadaline H. Herlong ’84VikingBen, Dylan, andGerry are grievingtheir mother’sdeath. Their father,overwhelmed by hisown grief, decides tobuy a boat, sell thehouse, and take theboys on a year-longsailing trip to start a new life. The boysgo along unwillingly. Life on board ischallenging enough in tight quarters,particularly in the prickly relationship thefather has with the oldest son, Ben, thenarrator <strong>of</strong> the story. One morning theboys wake up to realize that their fatherhas disappeared. The brothers are lostand on their own as a threatening stormapproaches.A tale <strong>of</strong> survival and coming <strong>of</strong> age,The Great Wide Sea was inspired by theauthor’s four sons. This is her first novel.“Unforgettably beautiful,” notes the bookeditor for the Times-Picayune, “filled withthe power <strong>of</strong> family stories as they are livedand created and passed on. Herlong haslearned her craft well enough to know thatchildren must be the heroes <strong>of</strong> their ownlives, and Ben, Dylan and Gerry, so braveand struggling, will stay in readers’ heartsforever. M.H. Herlong is definitely a writerfrom whom we can expect great things.”After practicing law and teaching,Herlong is now in Tulane’s doctoralprogram in literature. Find more about thebook at www.thegreatwidesea.com.GateKeepersJames E. Merriman ’73iUniverse Inc.Grant Meredith lives a peaceful lifeon a ranch in Colorado until the day hefinds out that his brother was gunneddown in the streets <strong>of</strong> Scottsdale, Ariz.Driven by grief, Meredith is determinedto find the murderer. His search takes himto a Mexican family dynasty called theGateKeepers that has controlled the U.S.-Mexican border for decades.Meredith soon finds himself in adangerous world <strong>of</strong> drugs, smuggling,and plenty <strong>of</strong> <strong>of</strong>ficials bribed to look theother way. His formercareer as a militarycontractor provideshim the resourcesand the toughness heneeds to endure — butthe price may, in theend, be too much topay. “Merriman is agifted storyteller and a careful craftsman;the story is crisp and interesting, theprose clean and evocative,” notes KirkusDiscoveries. The author, accomplished inthe rodeo sport <strong>of</strong> team roping, lives on aranch in Colorado.88 | UVA <strong>Law</strong>yer • FALL • 2008

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