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1 lawyer spring 2013 Complex Litigation: Emory s Leading Players also inside Mary Dudziak Joins Faculty Emory Law s Evangelist

2 Reunion Weekend 2012 More than 200 Emory Law alumni returned to campus last fall for Reunion Weekend. Make your plans now to join us Sept for our 2013 Reunion Weekend. Vice Dean Robert B. Ahdieh Associate Dean for Marketing and Communications and Chief Marketing Officer Susan Clark Associate Dean for Development and Alumni Relations Joella Hricik Interim Editor Jennifer Bryon Owen Contributors Frank S. Alexander Abdullahi Ahmed An-Na`im Holly Cline Ralph Ellis Maria M. Lameiras Alison Law Terri McIntosh Jennifer Bryon Owen Celeste Pennington Susan Soper Art Direction/Design Winnie Hulme Photography Johnny Hanson, Robert Hill, Caroline Joe, Russell S. Kaye, Gary Meek, Allison Shirreffs, Glen Triest Photographic, Don Trout Photography, Kristen Somody Whalen Cover illustration Brian Stauffer About Emory Lawyer Emory Lawyer is published biannually by Emory University School of Law and is distributed free to alumni and friends. Produced by the Office of Marketing and Communications Contact us Send letters to the editor, news, story ideas and class notes to edu or contact Susan Clark, Associate Dean for Marketing and Communications and Chief Marketing Officer, Emory University School of Law, 1301 Clifton Road, Atlanta, GA 30322; Emory University School of Law. All rights reserved. Articles may be reprinted in full or in part if source is acknowledged. Change of address: Send address changes by mail to Office of Development and Alumni Records, Emory University, 1762 Clifton Road, Plaza 1000, Atlanta, GA Website:

3 10 spring 2013 features 6 Winning in a High-Stakes Arena by Holly Cline Emory Law alums revel and excel in complex litigation. 10 Time Is of the Essence by jennifer bryon owen and susan soper Professor Mary L. Dudziak uses the past to illuminate the most pressing problems of our day War in All Its Aspects by Terri McIntosh and jennifer bryon owen Emory Law becomes a pioneer in the practical study of the law of war. 16 Professionals Embrace Legal Education by Jennifer Bryon Owen Innovative program expands the knowledge of law. 18 An EPIC Responsibility by Alison Law Student-run organization stresses public service law. 22 Perspective 20 How to Win Friends, Open Up State Government and Make Your Case by Ralph Ellis Georgia attorney general adds more transparency to government. 21 Finding the Perfect Niche by Celeste Pennington Alumna s unique practice stems from personal interests. 22 Emory Law s Evangelist by Maria M. Lameiras and Terri McIntosh Chair brings fervor to his advisory board role. 24 Building a 21st-Century Curriculum by jennifer bryon owen Noted scholar leads enhancement of student education. departments 2 Dean s View 3 In Brief 26 Class Notes 29 In Memoriam 30 Faculty Voices 32 Giving Back

4 dean s view Shaping Civil Society Your involvement with Emory Law School helps make it a continuing leader in faculty and student engagement in the discourse and resolution of contemporary conflicts shaping civil society. Whether the locus of conflict is the battlefield, the juvenile justice system or the marketplace, Emory lawyers use their skills to promote just outcomes. This academic year we have seen a remarkable number of projects and events that bear witness to this engagement. This fall we inaugurated our Project on War and Security in Law, Culture and Society, directed by our new faculty colleague Mary L. Dudziak, Asa Griggs Candler Professor of Law. Professor John Fabian Witt of Yale Law School offered an inspiring lecture drawn from his recent book, Lincoln s Code: The Laws of War in American History. We learned how Lincoln reshaped the law of armed conflict by commissioning legal codes to control and justify the conduct of the Union Army during the Civil War and to legitimate Lincoln s Emancipation Proclamation. Even with new rules in place, war remained ugly and brutal, but leaders felt compelled to channel this human conflict and make it marginally more consistent with humanitarian ideals. The impact of Lincoln s Code stretched far beyond this American conflict, informing the development of the International Humanitarian Law that applies to armed conflict today. That role for law in regulating violence is in place as lawyers sit next to combat officers engaged in drone targeting to ensure that laws of war are observed. Our International Humanitarian Law Clinic works with the military to develop and implement principles for governing these kinds of nontraditional conflicts. Closer to home, juvenile law defines punishments for youth whose behavior breaches social boundaries, even while the law recognizes the humanity in each child. The Barton Child Law & Policy Clinic has led the efforts in Georgia to update the juvenile code to reconcile these concerns for the defendant as an offender against society and as a child, not fully formed and always capable of redemption. In the marketplace, as well, law mediates the relationship of debtors and creditors in times of financial distress. Bankruptcy law rests squarely on the principle that debtors should be held accountable, yet they must be provided means by which to amend their financial accounts. A legal path for their lawful forgiveness is defined in a special code, aiming to offer a fresh start, but not a head start, to the debtor. Emory Law long has been a leader in the bankruptcy area, as exemplified by our Emory Bankruptcy Developments Journal and our new bankruptcy faculty member, Rafael Pardo, the Robert T. Thompson Professor of Law. Thus it is fitting that it was a bankruptcy case, Bullock v. BankChampaign N.A., in which the studentrun Emory Law School Supreme Court Advocacy Project achieved its first grant of certiorari from the United States Supreme Court. Law allows a society to achieve its highest aspirations. Law also provides a framework for structuring and rationalizing, if not always taming, our responses to harsh social realities. In so doing, law provides a means for reconciling our divergent goals. At Emory Law, our faculty study law in situations of profound conflict, and our students use their knowledge to effect positive social transformation, long before they graduate. On March 18, when the Supreme Court calendar is called for the case brought by our Emory students and the attorneys announce their arguments with the customary salutation, May it please the Court, we, certainly, will be pleased. We are confident that you will be pleased too. Robert A. Schapiro Dean and Asa Griggs Candler Professor of Law 2 emory lawyer

5 in brief Dean Schapiro Meets Alumni across the Country Last year, Schapiro began his road trip with an October reception at the Houston home of Sharon and Allan Diamond 79L (l.), then moved on to Dallas, Washington, New York City and Miami. Emory Law School Dean Robert Schapiro is on the road again, traveling across the country to meet with alumni and discuss with them the opportunities that lie ahead for Emory Law. Following a successful tour in 2012, Schapiro began the new year with visits to New Orleans, Los Angeles and San Francisco. Boston lies ahead in 2013, as do the following stops: Feb. 11 Orlando Feb. 12 Tampa March 6 Miami March 7 Philadelphia March 12 Savannah April 4 Denver April 23 Chicago Alumni interested in attending an event may register at edu/alumni.html. spring

6 in brief Dean Robert Schapiro (r.) addresses alumni during the 2012 Reunion Weekend panel discussion. Political Polarization Creates Roadblock Reaching across the aisle isn t quite as simple as extending a hand, not when you re talking about politics. But bipartisanship is a rarity in the ever-polarized halls of Congress, and that s leading to bitter conflict and legislative gridlock. So said the current and former legislators who met to discuss this overarching political problem as part of the Reunion Weekend panel, Polar Opposites: The Challenge of Governance in a Time of Political Polarization. The panel included the Honorable Sanford D. Bishop Jr. 71L, U.S. Congressman for the 2nd District of Georgia; the Honorable Elliott H. Levitas 52C 56L, former U.S. Congressman for the 4th District of Georgia; the Honorable Sam A. Nunn Jr. 62L, former U.S. Senator for Georgia; and Georgia Attorney General Sam S. Olens 83L. Also joining the panel was Tom S. Clark, associate professor of political science, Emory University with joint appointment to Emory Law. The Honorable M. Yvette Miller 88L, presiding judge of the Georgia Court of Appeals, moderated. We are almost in a death spiral in politics, Clark said. The extremes are creating the agenda and driving the middle away. When asked about Washington s political climate, Nunn said that it appears the situation has worsened since his time there. We had furious arguments, but we respected each other, he said. We would always try to find a way to govern. Political parties, however poorly they operate, are valuable because they allow a diverse government to adequately express itself, Levitas said. Without them, we d have a chaos of diverse voices, he said. The parties focus these voices on the issues. He went on to say that the nation cannot work without compromise, a sentiment strongly supported by the other panelists. One of the greatest dangers we face today to our republic is an attitude of no compromise in governance, he said. Nunn agreed, noting that the U.S. Constitution was forged because the Founding Fathers knew they had to reach a compromise in order to make progress. But finding that middle ground is possible only if political leaders forge solid connections with their peers, inside and outside of their particular parties, Bishop said. You ve got to have a personal relationship with your colleagues, he said. It s not a Republican solution, not a Democrat solution, but an American solution. Bishop believes that the coming year is, politically, one of the most important, and Congress must rise to the occasion. But a solution to the problem could be a long time coming. I don t see anything that will fix the gridlock in a structural way, said Clark. I expect to see equal if not more polarization, especially with more moderates leaving. To view the complete discussion, go to watch?v=ayxpfp4lgxu. 4 emory lawyer

7 Grants to Affordable Housing Project Surpass Million Mark A 2013 grant from the Center for Community Progress awarded to the Center for the Study of Law and Religion s Project on Affordable Housing & Community Development brings the total of grants given to the project during the last four years to more than $1 million. The Center for Community Progress, co-founded in 2009 by Professor Frank Alexander, Sam Nunn Professor of Law, with Dan Kildee, U.S. congressman from Michigan s 5th district, is the only national organization dedicated to helping towns, states and regions across the United States reintegrate vacant, abandoned and blighted properties into the economic and civic life of their communities. Beginning in 2010, the center has made annual grants supporting this work, part of which has included state legislation to enable local governments to create land bank authorities. State land bank legislation was enacted in New York in 2011 and in Georgia, Missouri and Pennsylvania in This legislation was drafted by Alexander, Leslie Powell 09l and Sara Jane Toering 06l, and these grants have made it possible for Toering to work full time for the center. Check Us Out Online Emory Lawyer, the publication for Emory Law s 10,000 alumni, can be found online at alumni/alumni-magazine.html. Emory Insights, the twice-yearly publication featuring the scholarly research of Emory Law faculty, is online at fall_2012_emory_insights/1. EMORY LAW FACULTY SCHOLARSHIP When is wartime? Why does it matter? Mary L. Dudziak says traditional assumptions do not match contemporary experience. insights fall 2012 ALSO INSIDE Timothy Holbrook on Patent Law Jonathan Nash on Law and Economics Teemu Ruskola on Chinese Law Georgia Court of Appeals Holds Session at Emory Law When the Georgia Court of Appeals heard three oral arguments at Emory Law last fall, students not only had the opportunity to observe the appellate court process, they also had the chance to see two esteemed Emory Law alumnae in action. Presiding Judge Yvette Miller 88l and Judge Elizabeth Branch 94l were joined by Judge William Ray on the panel. Judge Miller was appointed to the Court of Appeals by Gov. Roy Barnes in 1999, making her the first African- American woman and the 65th judge on the court. She has been re-elected statewide without opposition for two six-year terms and was unanimously selected by her fellow judges to serve as chief judge for two terms, making her the first African American woman to serve in the position. Miller is the recipient of numerous awards and recognitions for professional achievements and public service, including being named one of Georgia s Top 50 Influential Black Women by Georgia Informer from 1991 to Elizabeth Lisa Branch 94l was appointed to the Court of Appeals of Georgia last summer by Gov. Nathan Deal and sworn in last fall. Prior to this appointment, she was a Presiding Judge Yvette Miller 88L (c.) and Judge Elizabeth Branch 94L were joined by Judge William Ray. partner in the litigation department at Smith, Gambrell & Russell llp in Atlanta, where her practice focused on commercial litigation and government affairs. From 2004 to 2008 Branch was a senior official in the administration of President George W. Bush, serving as associate general counsel for rules and legislation in the U.S. Department of Homeland Security and then as counselor to the administrator of the Office of Information and Regulatory Affairs at the U.S. Office of Management and Budget. Among her numerous professional affiliations is membership in the State Bar of Georgia s Appellate Practice Section. She was recognized as one of Georgia s Super Lawyers spring

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9 Winning in a High-Stakes Arena Emory Law alums revel and excel in complex litigation. by Holly Cline On the site of a Civil War battleground, in a charming century-old bed-and-breakfast, the legal team created its own command post, taking over all seven rooms and filling the living room with 40 Bankers Boxes and a raft of medical records that spanned 6 feet on the floor. After four years spent crisscrossing the country, taking dozens of depositions and filing more than 150 claims, J.B. Harris 84l and his compatriots were prepared for a major battle against R.J. Reynolds Tobacco Co. The number of hours, the relentless barrage of motions from the defendant, the sheer volume of paperwork, the unpredictability of the outcome this kind of case would send many a qualified attorney running for the hills. But Harris isn t intimidated by such a workload. He loves taking on the big guys. And he wouldn t trade it for all the open-and-shut cases in the world. I can t think of anything else I d rather be doing, he says. Joining Harris in the excitement and savvy of the complex litigation world are fellow alums Reuben Guttman 85l and Chilton Varner 76l. Harris, Guttman and Varner don t work together, but they share an appreciation for the complicated nature of their cases, whether they re taking on the dangers of tobacco, fighting discrimination against refinery workers or defending The Coca-Cola Company and its secret syrup. Every case presents a new set of facts and sometimes new areas of law, Guttman says. A background rich in diversity is a virtue as it enables me to think broadly about creative applications of the law to new sets of facts. Says Varner, It requires teamwork, dedicated personnel, clear procedures and safeguards, and a bright-line understanding of who does what. I also have a competitive streak, which makes me determined to tame the sprawling workload that comes with such cases. Harris believes a successful plaintiff mass tort attorney has to possess a healthy disrespect for the status quo, the courage to fight for the rights of individuals and pursue social justice in the face of overwhelming odds and a willingness to hold corporations accountable. Nothing in this line of work is ever easy, he says. Fighting big tobacco Harris connection to the tobacco case actually began as early as the 1990s, while he was specializing in mass tort litigation for Motley Rice llc and representing victims of airplane crashes, train accidents and other major disasters. During that decade, the firm s principal, Ron Motley, was known for representing numerous states attorneys general in suits against the tobacco companies, seeking reimbursement of public expenditures used to cover health care costs of ill and dying smokers. In 1998, a group of 46 states forced a historic settlement against Philip Morris Inc., Brown & Williamson, Lorillard Inc. and R.J. Reynolds that required the cigarette companies to repay Medicaid costs and annuities to each state and fund anti-smoking campaigns aimed at young people. In December 2006, the Florida Supreme Court upheld a jury s findings in the case of Engle v. Liggett, affirming that cigarettes are addictive and that smoking causes a host of diseases, from aortic aneurysm to lung cancer. The jury also found that cigarette manufacturers had, for decades, fraudulently concealed from the public the dangers of smoking. With this court opinion, Harris saw the opportunity to join the fight against big tobacco. The court decertified the class and opened the door for thousands of class members to file individual suits against the cigarette manufacturers within one year of the court s mandate, he says. I joined nearly 100 lawyers in Florida who were suing big tobacco on behalf of individuals or spring

10 their families for smoking-related illnesses or death caused by nicotine addiction. More than 8,000 plaintiffs filed individual claims against the tobacco companies in both state and federal courts in Florida. Harris filed 159. I have no qualms about suing large corporations for selling dangerous and defective products to an unsuspecting public, says Harris, who has practiced law for 28 years. Whenever I see corporate negligence in the mass tort arena where companies subvert safety for profits and injure innocent customers who are precluded from making informed decisions I can t get out of bed fast enough. Harris is now considered one of the leaders in pursuing Whenever I see corporate negligence in the mass tort arena, I can t get out of bed fast enough. J.B. Harris 84L injury and death claims against the cigarette manufacturers, cases that are extremely labor-intensive and can take years to go to trial. It was for in such case, Emmon Smith v. R.J. Reynolds Tobacco Co., that Harris set up the war room in the bed-and-breakfast and took or defended more than 50 depositions over a four-year period. His team questioned more than 600 prospective jurors, who were difficult to find in conservative, tobaccofriendly Jackson County, Fla., and hired experts in the fields of addiction and cigarette advertising and history and design. He suffered through two judges, five continuances and one mistrial. The courthouse clerk said this was the largest case they had ever handled. In the end, Harris tenacity paid off: His team obtained a $27 million verdict against R.J. Reynolds Tobacco. It was the largest single verdict in Jackson County history. We never gave up, says Harris. We look at the case from all sides. We look at good facts and bad facts. Reuben Guttman 85L Blocking the EPA Forks, orthodontic braces, hip-joint replacements all made with radioactive metals. That s what could have happened in the late 1990s as a result of the Department of Energy s agreement with BNFL Inc. to recycle as much as 110,000 tons of contaminated metal taken from the Oak Ridge, Tenn., nuclear weapons facility. This did not sit well with Guttman, a Washington, D.C.- based attorney who filed suit against Secretary of Energy Bill Richardson to block the recycling and distribution of these metals. I learned about the National Environmental Policy Act in Professor Arthur s course on environmental law and knew that this was a federal action, which could have potential impact on health or the environment, he says. This would mandate an environmental impact statement. In pursuing the case, Guttman searched through copious documents for an environmental impact statement or a decision against assembling one. Neither could be found. I filed suit in the U.S. District Court for the District of Columbia against the secretary of energy, he says. When I sought discovery in the case, the Department of Justice, representing the Department of Energy, argued that this was an action under the Administrative Procedures Act and therefore, while I was entitled to a record, I was not entitled to discovery. Guttman argued successfully that because the government had failed to develop a record, he was entitled to the 8 emory lawyer

11 discovery necessary to develop one. He took depositions, including one from the assistant secretary of energy, and secured documents. The judge ultimately found that the entire project was troublesome. A public interest group took out a quarterpage ad in The New York Times quoting the judge, Guttman says. There was even a Boondocks comic on the subject of the case. The secretary of energy canceled the project. Now director at Grant & Eisenhofer in D.C., Guttman heads the firm s whistle-blower practice. He has served as counsel in some of the largest recoveries under the Federal False Claims Act, including U.S. ex rel. Johnson v. Shell Oil Co., 33 F. Supp. 2d 528 (ed Tex. 1999), which recovered more than $300 million from the oil industry. He also represented one of the six main whistle-blowers who said Pfizer Inc. tried to entice doctors to promote and prescribe drugs for unapproved uses. Pfizer settled in 2009 for $2.3 billion. Even before filing a case, Guttman s team engages in intense investigation, retains experts and prepares as if a trial is imminent. We look at the case from all sides. We look at good facts and bad facts. We assume the court will see the entirety of the case, Guttman says in an article, Frontloading the Case: Theme & Theory in False Claims and Fraud Litigation. We develop theories for the case and a theme, which allows the decider of fact to get it. Guttman also uses social media and other web-based resources to enhance his work. To that end, he founded, which provides information about qui tam lawsuits that allow whistleblowers to seek damages on behalf of the government. He has a Listserv of more than 200 lawyers who share information about whistle-blower and civil rights cases. He also blogs for The Global Legal Post and uses Twitter and YouTube. Though his practice focuses on the most complicated of cases, Guttman can boil it all down to the simple idea that first piqued his interest in the field: Complex litigation can help people. The ability to try a case in court levels the playing field for those without power or resources to vindicate their rights, he says. Preserving the secret The recipe for Coca-Cola is a heavily guarded secret, said to be stashed in a vault in the company s Atlanta headquarters. Varner hasn t cracked the code, but she did help defend the company in a class-action suit brought by more than 100 independent bottlers. The bottlers were challenging the price and composition of Coca-Cola syrup. Once a court certified the class, Varner s team launched into 12 years of litigation that included three separate trials. In the end, the trial court found that the bottlers had not suffered any actual damages, she says. The general counsel of The Coca-Cola Company observed that an adverse outcome Complex litigation requires teamwork, dedicated personnel, clear procedures and safeguards, and a bright-line understanding of who does what. Chilton Varner 76L would have irrevocably changed, and perhaps destroyed, the Coca-Cola bottling system. This is just one of the bellwether, multistate cases that Varner has tried during her 30-year career in complex litigation. In September 2011, she successfully defended drug company Merck against allegations that the company s osteoporosis drug, Fosamax, caused osteonecrosis of the jaw. And she has helped defeat certification of state and national classes of Paxil consumers who sought to sue manufacturer GlaxoSmithKline for fraud and personal injury. Much of my practice is in the area of tort liability for manufacturers everything from automobiles to pharmaceuticals, says Varner, a partner at King & Spalding in Atlanta. Many law students complain about civil procedure being boring, but a deep familiarity with the civil rules and how they can be used to advantage is indispensable in complex litigation. Varner credits her success in complex litigation to discipline, organization and a true team effort. Pretrial administration of complex cases is an art in itself. Periodic team meetings and conference calls are essential, as are regular status reports and updates, she says. As a result of her success as a litigator, Varner was elected president of the American College of Trial Lawyers, a members-only group that recognizes leaders of the bar who operate at the highest levels of professionalism, ethics and civility. One of her primary focuses as president is to encourage young lawyers to pursue their work within a framework of high ethical standards. Although their practice areas differ widely, all three attorneys agree that complex litigation cases require creativity, organization, tenacity, ambition and a whole lot of patience. The stakes are high, says Varner. spring

12 Time Is of the Esse 10 emory lawyer

13 Emory Law s new faculty member uses the past to illuminate the most pressing problems of our day. by Jennifer Bryon Owen and Susan Soper nce Mary L. Dudziak thinks that to get to the heart of a matter in law and in scholarship it can be helpful to start at the edges. To understand domestic law, she looks to its global impact; to understand contemporary war, she looks to its past. It is often at the borders between inside and outside, past and present, that we can more fully see the nature of the core. spring

14 Dudziak s career has proceeded a bit like her way of thinking. She didn t follow a straight path to law school and academics, but instead wanted to be a writer. In order to write, she needed to learn about the world. A commitment to social justice led her to work in the disability rights movement. The movement s effort at legal reform inspired her to go to law school. And then her law and graduate work led her right back to writing. Today, Dudziak (pronounced du-jäck) is a renowned legal historian and author. She seeks to have an impact on social policy in her writing, but her approach is to question the way problems are thought about. Her most engaging scholarship comes not simply from the conclusions she draws, but from reconceiving essential questions. Dudziak arrived at Emory last summer from the University of Southern California, where she was the Judge Edward J. and Ruey L. Guirado Professor of Law, History and Political Science. She is now Asa Griggs Candler Professor of Law and director of the newly created Project on War and Security in Law, Culture and Society. A graduate of Yale Law School with a PhD in American studies also from Yale, she clerked for Judge Sam J. Ervin III, of the 4th U.S. Circuit Court of Appeals, and began her teaching career as a professor of law at the University of Iowa. She has also served as the John Hope Franklin Visiting Professor of American Legal History at Duke Law School and as the William Nelson Cromwell Visiting Professor of Law at Harvard. Mary is one of the leading legal historians in the United States today and perhaps the most preeminent of her generation, says Robert Schapiro, dean and Asa Griggs Candler Professor of Law. Her pathbreaking scholarship coupled with her strong devotion to teaching and engagement in vital matters of public concern make her a wonderful addition to our faculty. Her appointment builds on our existing strengths in international law and terrorism and in national security law, including our International Humanitarian Law Clinic. Also, she brings to the faculty an impressive and inspiring record of grant-funded research, including a fellowship from the Guggenheim Foundation. She offers an array of professional contacts through her leadership, scholarship, and energy to initiate new programs and interdisciplinary opportunities. Dudziak s scholarship has been supported also by fellowships from the American Council of Learned Societies; Membership in the School of Social Science, Institute for Advanced Study, Princeton; and the Law and Public Affairs Program at Princeton University. Her 2012 book, War Time: An Idea, Its History, Its Consequences, addresses a contemporary conundrum: Why do we think of war as temporary, confined to time-limited wartimes, when American military engagement is persistent? Dudziak s starting point is to focus on time itself, since wartime, on its own terms, is a temporal concept. We tend to think that wartime is always followed by peacetime, and therefore an essential aspect of wartime is that it is temporary. The assumption of temporariness becomes an argument for exceptional policies, such as torture. She notes that those who cross the line during war sometimes argue that circumstances deprive them of agency; their acts are driven or determined by time. If wartime is actually normal rather than exceptional time, she says, then law during war must be seen as the form of law we usually practice, rather than a suspension of an idealized understanding of law. War Time draws upon anthropology to show that ideas about time are specific to cultures, and not trans-historic. The book draws upon the numerous small wars in American history to show the way U.S. military engagement is continuous rather than episodic. Iconic wars like World War II often drive American thinking, but even World War II was not contained within tidy boundaries, as President Franklin Delano Roosevelt took action as commander in chief well before the Japanese attack on Pearl Harbor. There is a consequence to the prevalent idea that the American war experience is confined to limited wartimes : The American people, largely isolated from the impacts of war, are not politically engaged on this issue, but leave war to the experts. This enhances executive branch autonomy, leaving us without an effective political check on the war power. Mary Dudziak, War Time 12 emory lawyer

15 the American people, largely isolated from the impacts of war, are not politically engaged on this issue, but leave war to the experts. This enhances executive branch autonomy, leaving us without an effective political check on the war power. Dudziak began considering the way historical study informs contemporary war politics because people asked her to. Her most difficult speaking invitation was in October The nation was reeling from the September 11 terrorist attacks, and a special panel was assembled at the American Studies Association annual meeting to reflect on it. Dudziak didn t know what to say. But eventually, in the early hours the morning of the panel, the words simply came on their own. Sometimes I think that September 11 is the longest day in American history, she wrote. Its sun arcs slowly across the sky, casting discordant shadows upon the earth. We long for this day to end. Then we might see a clearer pattern among the stars. At the time, some argued that it would be decades before historians would have anything meaningful to say about September 11. Dudziak argued that this event and its impact were too important for scholars to stay on the sidelines. Her remarks became an essay, The Duty of the Living, and her call for scholars to engage the contemporary crisis became a motivation for her own work. Dudziak was born into a family of scientists father a nuclear physicist, one sister a hydrogeologist, another a neuropsychologist. Turning away from science to the humanities and social sciences was her form of teenage rebellion. She called herself a feminist from the age of 16, participated in her first protest as a high school senior and wrote a column of political satire for the Dos Pueblos High School paper. At the same time, she was deeply engaged with the arts. She performed in children s theater when growing up in Santa Barbara, Calif. At the University of California, Berkeley, Dudziak played a leading role in a musical comedy her senior year. And she is likely the only law professor today to have reprised the 1960s Philip Morris bellhop for a college production. But it was her interest in civil rights that landed her a summer internship at the American Council on Education in Washington, D.C. There, she worked on the implementation of Section 504 of the Rehabilitation Act of 1973, which extended civil rights to persons with disabilities in federally funded programs, including higher education. When she returned to Berkeley, she worked on the committee charged with implementing Section 504 on the campus. After Dudziak graduated with highest honors in sociology in 1978, her work on disability rights issues enabled her to get a job working for Judith Heumann, a leader in the disability rights movement. I saw it all at the ground level when sit-ins and nonviolent direct action were in full swing, she says. I had one of the most fabulous jobs a young person could have. Project Finds Home The Project on War and Security in Law, Culture and Society With such an interdisciplinary approach to her own education, Mary Dudziak saw Emory Law and its numerous resources within the law school and across campus as a fitting home for The Project on War and Security in Law, Culture and Society. This project stems from the premise that the study of law and war is necessarily an interdisciplinary inquiry. The project will unite scholars in law, political science, human rights and history, as well as other areas at Emory, to examine the issues from a larger perspective. The Project was launched in October with a lecture by John Fabian Witt, Allen H. Duffy Class of 1960 Professor of Law at Yale Law School. As a scholar, one of Dudziak s key goals in creating the Project is to bring new work on war in political science, history, anthropology, cultural studies and other fields more directly to bear on the study of law and war. If we are in the midst of a paradigm shift, Emory can be a place where fields converge to illuminate the way a new understanding of war and conflict affects law and policy, says Dudziak. Emory University as a whole is a terrific fit for this project due to significant interest in war in the political science department, as well as strength in human rights and the law of armed conflict in the law school, history department and other programs. While many American law schools have developed important programs focused on legal and policy issues related to war and national security, a full understanding of the intersection of law, war and security requires a broader canvas. This will be done through the project s deeply interdisciplinary workshop series and related courses and ongoing scholarly programs. Because of her writing skills, she was asked to edit an amicus curiae brief in the first Section 504 case to be heard in the U.S. Supreme Court. The experience helped her understand how law could be a tool for social change. That s when law school became her next step. Dudziak says Yale Law School offered the most expansive interdisciplinary curriculum, but she felt she needed more than that. Her work in the disability movement was often driven by immediate needs such as drastic funding cuts in services to disabled people when California voters passed Proposition 13, a limitation on property taxes. She felt that she needed to understand the big picture, the vision of justice underlying social change efforts. This was impossible when managing a crisis. And she felt that a legal education would not provide her with the broader spring

16 I wanted to give legal history a more dynamic presence. Mary Dudziak understanding she yearned for. So, even though putting herself through school, she applied to graduate school and eventually earned a PhD in American studies from Yale. It was a summer public interest law position that led to some of her early scholarship. As an intern at the American Civil Liberties Union national office, she was asked to do historical work for continuing litigation in the original desegregation case, Brown v. Board of Education. She became interested in the way Topeka, Kan., where the Brown case was filed, came to terms with its role in what was considered the American dilemma. The history of desegregation in Topeka is fascinating and complicated, says Dudziak. The local school board voted to desegregate before Brown because they thought segregation was not an American practice. This was a curious statement, in part because it expressed an understanding of what was American and defined a long-standing American practice as being outside the boundaries of American conduct. After Brown, during the Cold War years when the House Un-American Activities Committee was investigating alleged subversives, the concept of un-americanism used in the civil rights context played out on the broader political stage. This eventually led to a question for Dudziak that she was determined to answer: Why did Brown take place during the McCarthy Era? Why were some civil rights expanded at the same time that others were repressed? The U.S. Department of Justice amicus curiae brief in Brown provided a clue. It argued that U.S. race discrimination was criticized around the world and undermined U.S. relations, especially with nations emerging from colonialism. Her research ultimately led her to archival records of the State Department that document in detail the way American civil rights crises harmed the American global image and the way American presidents from Truman through Johnson believed that they needed to make progress on civil rights to win the Cold War. This research led to her first book, Cold War Civil Rights: Race and the Image of American Democracy, published in 2000 and widely assigned in college courses. Having studied the way American civil rights law was affected by its global impact, Dudziak turned next to the role of one American lawyer, Thurgood Marshall, in global constitutional development. Marshall was lead counsel in Brown and became the first African American Supreme Court justice. One of the highlights of his life was his role as constitutional advisor to Kenyans as they sought independence in the early 1960s. Dudziak uncovered the story through research in Kenya, England and the United States. Her book Exporting American Dreams: Thurgood Marshall s African Journey was published in Dudziak also has published two edited collections: September 11 in History: A Watershed Moment? (2003) and Legal Borderlands: Law and the Construction of American Borders (2005), co-edited with Leti Volpp. She is also a blogger, creating the Legal History Blog in 2006, which is now the go to online site for legal history. I wanted to give legal history a more dynamic presence. And I wanted to make the work of legal historians more accessible to people in other fields, Dudziak says. She stepped down from the Legal History Blog in 2012 but continues as a contributor to the prominent constitutional law blog, Balkanization. This academic also finds her voice in the classroom, and asking her to choose a favorite between writing and teaching, she says, is like asking which child a parent loves more. Teaching, for her, is gratifying when she sees students grow, even though sometimes they are unhappy about having been pushed to do so. Last fall she taught a class in foreign relations law and this spring is teaching the first-year constitutional law class and a seminar and colloquium on War and Security in Law, Culture and Society. Although interdisciplinary in her scholarship, she likes teaching traditional black letter law classes, such as constitutional law, that relate to her scholarship. Dudziak s next book is an account of the impact of war on American law and politics that explores war and militarization across time, rather than within discrete wartimes that often structure American histories. Under contract with Oxford University Press, the book s working title is How War Made America: A Twentieth Century History. She hopes to change the way Americans think about war. Dudziak is passionate that the American people should be politically engaged with decisions about the uses of U.S. military force around the world. She sees this as the only effective check on presidential unilateralism. Our constitution proceeds from we the people, and we re supposed to be the bedrock. Many scholars complain that Congress has let its role in declaring war atrophy, leaving us without a political check on presidential power. But for Dudziak, the ultimate responsibility lies with the people themselves. Congress won t be engaged if the people aren t engaged, she insists. And how can we act as a check if we aren t actively involved? 14 emory lawyer

17 War in All Its Aspects Emory Law becomes a pioneer in the practical study of the law of war. In 2009 Emory Law alumnus John M. Dowd 65L invited his close friend John F. Kelly, then a two-star general in the U.S. Marines, to visit his alma mater. Kelly delivered a couple of lectures, had coffee with faculty members, dined with students and, at a gathering in the dean s home, met Laurie Blank, founder and director of Emory s International Humanitarian Law Clinic. The meeting was transformative. Kelly connected Blank with Marine Corps University in Washington, D.C., and Emory has become a pioneer in the practical study of the law of war. This growing relationship provides research opportunities for Emory law students and faculty, gives the Marines a new perspective and helps inform the national understanding of the U.S. military. Education is the key, says Dowd, who served as a Marine captain in the Judge Advocate General s Corps and now is a leading criminal litigator for Akin Gump in Washington, D.C. The idea is to break down the wall of ignorance around the subject of warfare. Connecting these two great institutions the American university and the U.S. Marine Corps is enlightening, and it increases the public s confidence in the military. It s beneficial on all sides, says Blank. If I want to write about a body of law, I need to talk with the people making the decisions. For many in the military, it s helpful to talk with people who are coming from a different angle. This interchange makes for a much more robust engagement with the law. In military circles, the law governing conduct during combat is known as the law of war or the law of armed conflict. In academe, it s called international humanitarian law. Its purposes are to protect civilians during war, prevent unnecessary suffering and help facilitate effective military operations. The Marine Corps University, the branch s graduate-level war college providing specialized education to prepare Marines for leadership at different ranks, emphasizes the law of war throughout the curriculum. Blank and her students conduct legal research for Marine Corps University and help instructors incorporate the law of war into course materials for Command and Staff College, the graduate program for intermediate-level officers. Blank guest lectures at the university, which reciprocates by sending officers to Emory Law each spring to spend a week in the International Humanitarian Law Clinic. Blank is among the nation s experts in this body of law, which has existed since earliest recorded history but largely Laurie Blank, center, works with students in the International Humanitarian Law Clinic. escaped popular and academic attention until after 9/11. Under her leadership, Emory s International Humanitarian Law Clinic partners with criminal tribunals, the U.S. military, nongovernmental organizations including the International Committee of the Red Cross, and law firms around the world. Only a few other academic legal clinics do this kind of work, she says. The IHLC grew out of Blank s work as a research assistant to Professor Charles Shanor, who began teaching a seminar in counterterrorism following 9/11. Blank wanted to teach a class on international humanitarian law, which is her area of expertise, and he saw an opportunity to expand the law school s offerings by developing a clinic that would provide practical application to students coursework. Approved to operate on a trial basis for one semester, the clinic connected students with a law firm dealing with Guantanamo cases, with which Shanor had shared speaking engagements concerning Guantanamo Bay issues. He notes this as an example of the law school providing a welcoming place for a person such as Blank to do really good work that enhanced the law school s overall enterprise. Laurie is very capable and enterprising. It didn t take long for her to think broadly in terms of law projects and opportunities, says Shanor, whose book Counterterrorism Law was published in War is really a template for looking at law and social values and organizations. It is a rich field. He views the addition of Mary Dudziak, Asa Candler Professor of Law and founding director of The Project on War and Security in Law, Culture and Society, and her academic focus on war and its effects on law as enhancing the IHLC s practical implementation of international norms concerning armed conflict and the rules of that conflict. A co-author of the West Nutshell titled National Security and Military Law, Shanor notes that several law school classes touch on war. For instance, this spring both he and Dudziak are teaching sections of the first-year constitutional law class that consider war-related issues. Basically at Emory Law, we have three people, each with a very different focus, who engage with the issues of law and war, says Shanor. While he is loath to compare Emory Law with other law schools that deal with issues surrounding war, he believes the school offers a unique perspective. While we are among a small number of schools offering a course in counterterrorism law, we are unique in our focus on international humanitarian law through our clinic. Terri McIntosh and Jennifer Bryon Owen spring

18 Professionals Embrace Legal Education They come from health care, environmental health and safety, education, consulting, nonprofits and business. And they come to study the law. by Jennifer Bryon Owen That s the point of the juris master program, Emory Law s innovative program launched last fall for established professionals, those seeking a career change who believe an understanding of law would enhance their careers and qualified students seeking complementary degrees. The goal was to make a juris master individualized, flexible and rigorous. Doing so was not without its own challenges for Emory Law. As with any cutting-edge program only a half dozen or so of the top law schools in the country have similar programs certain risks are inherent. Is this in line with our mission? Is it viable? Is it necessary? Will people enroll? What will be the impact on faculty and current students? Taking a good look at the rapidly changing world in which the law affects every business and everyone s daily lives, Emory Law decided that a jm program could provide 16 emory lawyer

19 a vital understanding of legal principles, which is increasingly important in a growing number of fields, says Lynn Labuda, Emory Law s director of graduate programs. Emory took a measured risk to offer a rigorous, quality jm program and the result Emory is a leader in this area. The 24 credit-hour program can be pursued full time or part time with up to four years allowed for completion. After an intensive introductory course in the foundations of the U.S. legal system, each student designs the curriculum to meet his or her needs and goals. jm students attend law classes with jd and llm students taught by Emory Law professors. Twenty-four students enrolled in the first class. For Paula Scotman, a senior financial analyst at Emory University, her son was her reason for enrolling. I discovered a love of working with teenagers because my son was challenging during his teenage years. Working with him to complete high school and college, I realized that many teens have no one to advocate for them. While attending Candler School of Theology and volunteering with teens, she felt a need to understand the law as it applies to at-risk youth in the legal system. After completing the jm program, she plans to become a licensed marriage and family therapist just about the same time her son completes his jd degree. This opportunity is phenomenal, says Scotman. Emory Law is preparing me to do something I m passionate about. Cyndi Romero, who works with an environmental and engineering consulting firm, and Patti Olinger, director of Emory University s environmental health and safety office, work in highly regulated businesses where laws, rules and guidelines change frequently. Understanding these laws and knowing how to interpret them will make them more valuable employees and enable them to provide better service to their customers. I deal with rules, regulations and guidelines, from interpreting them to trying to implement them in effective, efficient ways, says Olinger. I see the jm program as a way to help me be more effective and efficient in what I do on a daily basis. Romero wanted to bring something new to the mix of skills she and her colleagues provided. I work with engineers and scientists in a highly regulated industry, says Romero. I wanted to bring something to the table for my clients that no one else did an understanding of the impact of the regulatory environment on their business decisions. Wendy Wright, medical director of the neuroscience intensive care unit at Emory University Hospital Midtown and one of several health care professionals seeking a jm, entered the program in order to become a better physician and teacher. She is assistant professor of neurology, neurosurgery and pediatrics at Emory School of Medicine. Having knowledge of the law would be useful to all physicians, really to any provider of health care, says Wright. Medicine is regulated by many legal standards and principles that medical providers need to know so we can deliver health care to the best of our ability. Before she discovered the jm program, Wright had simply hoped the law school would let her take classes related to the medical field. Finding the jm program with its flexible scheduling and selective course offerings that she could tailor to her own needs was more than Wright had imagined. The professors engage us in the Socratic method, which is common for those of us who have undergone a medical education, says Wright, adding that law professors want students to think and apply what they ve learned, not just memorize. A priority for Emory professors who developed the program s curriculum was to infuse it with the quality elements I deal with rules, regulations and guidelines on a daily basis. I see the jm program as a way to help me be more effective and efficient in what I do. Patti Olinger that distinguish other Emory Law curricula. Thus, jm students attend the same classes, have the same professors and meet the same challenges as other law students. And it s a two-way street, says Vice Dean Robert Ahdieh. Especially at a time when the effective integration of theory and practice is such a focus for legal education, jm students bring invaluable perspectives and insights to the classroom. This helps the jd students better connect their learning to the world in which their clients operate. Tarik Johnson says he s treated no differently from jd or llm students. You re in the same class, reading the same books, answering the same questions, part of the same discussion. Even with 10 years in the transportation business under his belt, Johnson felt apprehensive returning to school. But he was drawn by being able to customize his study. He s taking a lot of classes foundational to the jd degree because he s considering pursuing that degree. But I also have a class in Islamic law, because I just wanted to take it. During the program s inaugural year, Emory Law has learned that perceived challenges were mitigated by the law school s reputation for quality professors, demanding courses and excellent students. Indeed, reputation forms the bedrock of the jm program. There s stability in a law school such as Emory offering a program like this, says Wright. Romero agrees. Ultimately, she chose the jm program because it is Emory Law. The school has tremendous history, credentials and credibility as a foundation. more info: spring

20 An EPIC Responsibility Emory Law s student-run committee raises the profile of the legal profession. by Alison Law At the intersection of a lawyer s career interests and understanding of the law resides inherent responsibilities to his or her neighbor, community and society. One student-run organization at Emory Law provides deeper insight into this responsibility, connecting law students with the opportunities and resources to serve the public interest while preparing for their entry into the legal profession. Since 1989, the Emory Public Interest Committee (better known by the acronym epic) has been promoting awareness and increased understanding of public interest law. The committee encourages and facilitates the employment of Emory Law students in public interest legal positions and acknowledges the professional responsibility of lawyers and law students to make legal services more accessible to those in need of adequate representation. Throughout the year, epic hosts a series of events to raise awareness of public interest legal jobs that are available to law students. Students also play host and operate these events to raise funds for their fellow law students who want to pursue public interest internships. In 2012, epic raised more than $180,000 to help 36 epic grant recipients accept volunteer positions or clerkships in public interest organizations. epic is a source of great pride for the law school, says Robert Ahdieh, Emory Law s vice dean. The law clinics, public interest field placements and internships, a pro bono program and the Loan Repayment Assistance Program are examples of Emory Law s commitment to public interest law. epic s largest fundraiser is the Inspiration Awards. Each year, epic recognizes three attorneys in the Atlanta area who have made significant contributions to public interest law. The 2013 honorees are Robert N. Robbie Dokson, shareholder at Ellis Funk pc; Jeffrey O. Bramlett, partner at Bondurant Mixson & Elmore llp; and Tamara Serwer Caldas, deputy director of the Atlanta Volunteer Lawyers Foundation. Dokson, who is the 2013 recipient of the Lifetime Commitment to Public Service award, says he is humbled to join the ranks of other public interest heroes who symbolize the work that epic supports. Work in the public interest, in my opinion, ought to be a part of every lawyer s dna, says Dokson. Having a group like epic functioning so effectively at the law school level, and run almost totally by law students, plants that seed early in a young lawyer s To hear all of Bright s EPIC address go to /watch?v=ntu_ NvxibFY&feature= youtube. career in a way that hopefully will last a lifetime. Other epic-sponsored activities include used book sales, a lunch series that brings together public interest attorneys with law students in a casual lunch setting, fall service day and the annual epic conference. Stephen B. Bright, president and senior counsel at the Southern Center for Human Rights, was keynote speaker for this year s epic conference. Bright previously served for more than 20 years as executive director of the center, which represents people facing the death penalty, challenges human rights violations in prisons and jails, and advocates for reforms of the criminal justice system in the southern United States. In addition to advocating for those disenfranchised by the legal system, Bright teaches at Yale Law School and previously taught as an adjunct professor at Emory Law. He received an honorary Doctor of Laws from Emory University in epic conference organizers, Anam Ismail 14l and Steve Justus 14l, carefully developed and executed the conference theme, And Justice for All? Criminal Justice in the South. Ismail and Justus wanted to create a program that brought together the prosecution and the defense sides of the criminal justice system. This approach reflected the two students divergent tracks in public interest law: Ismail spent last summer working on criminal defense cases for the Georgia Innocence Project, and Justus interned for the Cobb County (Ga.) solicitor general s office. There is all too often a dividing wall in the criminal justice system, Ismail says. While we recognize this wall, we hope this conference showed that this wall is not insurmountable. Ismail and Justus also wanted to shed light on a third side of the process: the perspective of the defendant. In that light, the conference structure allowed attendees to experience the process a criminal defendant goes through beginning with pretrial, advancing to trial and ending in post-conviction. The topics, the themes, the focus of the epic conference each year really highlight subjects that all of us should be engaged with, says Ahdieh. Public interest law, he adds, is at the core of what it means to be a legal professional, whether an attorney is in private practice at a large law firm or working in the public defender s office. 18 emory lawyer



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