THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW SPRING Reimagining UVA

Transcription

1 THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW SPRING 2013 Reimagining UVA

2 I know no safe depository of the ultimate powers of the society, but the people themselves: and if we think them not enlightened enough to exercise their controul with a wholsome discretion, the remedy is, not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power. THOMAS JEFFERSON UPCOMING ALUMNI EVENTS June 14 Tokyo Dinner Home of T.J. Della Pietra 85 October 2 NYC Alumni Reception Midtown Executive Club June 15 Virginia State Bar Alumni Breakfast Cavalier Hotel, Virginia Beach October 10 Raleigh/Durham, N.C. Luncheon Sheraton Imperial Hotel & Convention Center June 18 Beijing Reception Renaissance Beijing Chaoyang Hotel October 10 Charlotte, N.C. Reception The Duke Mansion June 21 June 26 June 27 August 23 Shanghai Reception JW Marriott Hotel Shanghai at Tomorrow Square Hong Kong Reception JW Marriott Hotel Hong Kong Florida State Bar Alumni Reception Boca Raton Resort & Club Lavender Law Conference Alumni Reception San Francisco, CA October 28 November 19 November 20 December 4 Virginia Admissions to the Bar Breakfast Greater Richmond Convention Center San Francisco Luncheon The Olympic Club San Diego Reception La Jolla C ountry Club Washington, D.C. Reception The Metropolitan Club September 11 Boston Reception Omni Parker House September 18 Classes of Reception W Hotel, Studio 1 FOR LATEST ON ALUMNI EVENTS:

3 FROM THE DEAN PAUL G. MAHONEY A Town of Its Own Charles de Gaulle famously questioned whether one could govern a nation that has 246 different kinds of cheese. One might ask an analogous question about a modern university. As Harvard General Counsel Robert Iuliano 86 says in these pages, a university is essentially a town of its own, with residences and office buildings, food service, entertainment, a hospital, a police force, and thousands of employees. Like a town and unlike a business, it does not have a single, measurable bottom-line objective. Instead, it has students who wish to acquire skills, knowledge, and judgment, to build social and professional networks, to find satisfying employment, and to have fun. It has faculty who aim to create new knowledge even as they convey existing knowledge to their students. University administrators attempt to coordinate these disparate activities, manage crises, uphold the institution s values and reputation, and of course see to it that the university lives within its means. This is an enormously difficult task. At a public university it is all the more challenging because of political oversight, both directly and through governing boards. In this issue, we get the perspectives of alumni, faculty, and friends of the Law School who are experts in the business of higher education. They provide thoughtful insights into the foundational question of how a public university should be governed. I think you will find it immensely interesting reading. Early this year, Secretary of Defense Leon Panetta, after consultation with the Joint Chiefs of Staff, announced the elimination of the military s rules excluding women from assignment to ground combat units. No one was more pleased than the members of the Molly Pitcher Project, a group of UVA Law students, a faculty member, and an alumna. They advised a team of lawyers that had filed a federal discrimination suit challenging the ban and worked to build public support for their position. After Secretary Panetta s announcement, Professor Anne Coughlin, the Project s leader, met with military leaders to discuss the implementation of the new policy. This issue provides a timely look at this sometimes heated policy debate. We also provide an update on the Law School s initiatives in business law. We are proud to announce the naming of the John W. Glynn, Jr. Law & Business Program. The Program has gone from strength to strength since its creation in 2002, and John has been a champion and supporter throughout. John s advice and presence in the classroom have been invaluable in maintaining Virginia s status as a leader in business law. Rather than rest on its laurels, the Law School continues to innovate in business law education. Dick Crawford 74, who has a Virginia B.A., J.D., and MBA, discusses Rivanna Investments, through which a group of students receive training in money management and then, under Dick s careful supervision, manage a modest slice of the Law School s endowment. It has been an exciting year at the Law School. I hope you will enjoy reading about some of the people and events who have made it so.

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5 DEPARTMENTS FEATURE STORY 1 FROM THE DEAN A Town of Its Own 20 REIMAGINING UVA 4 LAW SCHOOL NEWS 33 FACULTY NEWS & BRIEFS 45 CLASS NOTES 65 IN MEMORIAM 66 LETTER TO THE EDITOR 67 IN PRINT 71 OPINION Save the World with Collaborative Leadership SPRING 2013 VOL. 37, NO. 1 EDITOR CULLEN COUCH ASSOCIATE EDITOR DENISE FORSTER CONTRIBUTING WRITER REBECCA BARNS DESIGN ROSEBERRIES PHOTOGRAPHY TOM COGILL, CULLEN COUCH, AND MARY WOOD

6 LAW SCHOOL NEWS WOMEN IN COMBAT Brian McNeill After Challenging Military Ban on Women in Combat, Molly Pitcher Project s Dreams Are Realized Army 1st Lt. Ashley White, 24, U.S. was killed by an improvised explosive device in Afghanistan in October 2011 while serving as a part of a team attached to a special operations unit. Though the military officially banned women from serving in combat positions, servicewomen like White were often attached to units that saw deadly combat in Iraq and Afghanistan. Army Reserve Command Sgt. Maj. Jane P. Baldwin had tried out at Fort Bragg along with White to serve on the same kind of cultural support team. When Baldwin heard her friend had been killed in combat alongside two Army Rangers, it fueled her growing belief that the military ban on women in combat was both wrong and indefensible. I just got really fired up, said Baldwin, who now lives in Tallahassee, Fla. Here Ashley was, working with the Rangers, breaking the combat exclusion policy rules [the Army] had to get an exception-to-policy memo to do the job they were doing. And here she is, dying doing that job. Baldwin, who had been writing a research paper for the Army Sergeants Major Academy about women in combat, came across an article about the policy that mentioned White. I ended up writing the author, saying I really liked your article, Baldwin said. And she referred me to [Professor] Anne Coughlin at the University of Virginia Law School. Coughlin and four students had formed a group that was studying the combat exclusion policy and was beginning to lay the groundwork for a possible federal lawsuit challenging the rule as unlawful Sgt. Major Jane P. Baldwin discrimination. The group was calling itself the Molly Pitcher Project, after the folk tale based on real accounts of a woman in the Revolutionary War who took her husband s place in firing a cannon on British forces. Soon after, Baldwin became one of two plaintiffs in the lawsuit, which was filed in May It alleged that the Defense Department and U.S. Army were violating the law and infringing upon the constitutional rights of military servicewomen by excluding them from certain ground combat units and other positions solely on the basis of their gender. The lawsuit argued that the combat exclusion policy harmed the careers of military servicewomen like Baldwin, who was not allowed to apply to a number of jobs, even though she was otherwise qualified. And some female servicewomen who were serving in combat positions despite the policy like White were being wounded or killed, yet were denied official recognition for their work. There s no reason why women shouldn t have the opportunity to serve in combat, Baldwin said. There was nothing logical, no evidence, backing up [the policy]. On Jan. 24, then-secretary of Defense Leon Panetta announced that he was lifting the longstanding direct ground combat exclusion rule for female service members and eliminating all unnecessary gender-based barriers to service, following the unanimous recommendation of the Joint Chiefs of Staff. The move, he said, would ensure that the best qualified and most capable service members, regardless of their gender, were allowed to carry out the mission. It would open up roughly 237,000 positions to women, 184,000 in combat arms professions and 53,000 assignments that were closed based on unit type. The Molly Pitcher Project and the lawsuit it helped initiate may have offered the critical tipping point that led to the military s overturning of the combat exclusion policy, one law student involved in the project said. So much work had already been done on the issue, so many women had been in combat [and] died in combat. The lawsuit was maybe the straw that broke the camel s back, said third-year law student Helen O Beirne. 4 UVA LAWYER / SPRING 2013

7 LAW SCHOOL NEWS WE ARE GOING TO FILE A LAWSUIT Coughlin, who has written a number of articles exploring the intersections among criminal law, criminal procedure and feminist theory, had been teaching about the combat exclusion policy since the early 1990s. Students [often] have the impression that they re living in a world that is sexblind, she said. One of the points that you always bring to their attention are the spaces where the government or the culture continues to discriminate. And the combat exclusion policy and the draft are key examples of that. You have the federal government treating males and females quite differently for purposes of a very important societal obligation and opportunity. In the spring of 2011, Coughlin brought up the combat exclusion policy in her Law and Public Service course as part of a class project on impact litigation, designed to teach students how to plan and execute a legal movement to bring about social change. The idea, she said, was to get the first-year law students thinking about a real-world problem that might be tackled by impact litigation lawyers, and then explore the idea of a lawsuit. What would the case look like? she asked the students. What would the doctrinal basis be for the case? Who would the plaintiffs be? Who would the defendants be? What would the best arguments be? What would we anticipate the other side would say? Is this a wise case to bring, strategically? Are we going to do more harm than good? Are there clients out in the real world who are suffering an injury? In the days leading up to the class discussion, law student Ariel Linet decided to pick the brain of a friend who wasn t in her class, Kyle Mallinak. Professor Anne Coughlin at the Women in Combat: The Way Forward Symposium in Washington, D.C., February 2013 I told him, I m not trying to mooch off of you, but I d love to hear any thoughts you have or any resources you might suggest to get some background, Linet said. And so Kyle wrote back this explosion of thoughts. He picked it up and ran with it. Mallinak sat in on the next class. And afterwards, Coughlin and the students Mallinak, Linet, O Beirne and their classmate Rebecca Cohn continued to discuss the topic. Kyle, Becca, Helen, and I were all in the same 1L section, Linet said. So we were all friends. For Linet, the idea that the military was banning women from even trying out for combat positions was deeply offensive. I was just fundamentally insulted as UVA LAWYER / SPRING

8 LAW SCHOOL NEWS a woman, she said. It s not that I wanted to go out and fight in combat. In fact, I consider myself something of a pacifist. But nobody, least of all the government, should be telling women you can t do something simply because of your sex, regardless of how qualified you might be. It was an issue of simple fairness, Linet said. We don t want the standards to be lowered so that more women can qualify, she said. And if the standards are fair and genderneutral and no women can qualify which we don t think would be the case we wouldn t object to that. The point is that everybody who wants to serve in combat has a shot, regardless of gender. The four students realized that their discussion could serve as the groundwork for a lawsuit challenging the combat exclusion policy. We started pushing the professor a little bit, saying, You know what? We think there s more than a hypothetical case here. We think there s actually something to be done, Mallinak said. The students obtained permission from the Law School to form a course, led by Coughlin, that would focus on developing a framework for a lawsuit. The students said to me, Let s bring a lawsuit. I said No, I can t bring a lawsuit, I have to teach academic courses, Coughlin said. They said, Let s start a clinic. I said No, I can t start a clinic just for this one case. Clinics don t work that way. So finally they said, What can we do? I said, What you could do is form your own little course that would focus on the combat exclusion policy. They came back and said, That s what we want to do. On the first day of the course, Coughlin told the four students that this was their class. What was their agenda? And they said, We are going to file a lawsuit. LAYING THE GROUNDWORK From the spring of 2011 and into the fall, the group which had dubbed itself the Molly Pitcher Project researched the law, studied the relevant cases at the Supreme Court and lower courts, and began reaching out to stakeholders and building the factual foundation of a potential lawsuit. They interviewed military veterans enrolled at UVA Law, as well as students in UVA s ROTC program and a JROTC program in Orange County, Va. They invited UVA law professor Deborah Hellman to speak to them about equal protection issues. Professor Richard Balnave, who leads the Law School s clinics program, instructed them on what they could and could not do, as none of the students held bar licenses. And they began to connect with women who had been deployed in Iraq and Afghanistan who had taken the cuttingedge roles the conflict had opened to them. We were looking up and down the chain, Mallinak said. We saw a world where women were making advances, were taking on increased roles that brought them closer and closer to combat roles, but the official recognition of that fact was lacking. There was a gap between what the women were doing and what the military Army Col. Ellen Haring at the Women in Combat Symposium was acknowledging they were doing, he added. And there was an even bigger gap a huge gap between what women were actually doing and what the public understood they were doing. By October, the Molly Pitchers had realized they were at the point where they needed the help of a lawyer willing to work pro bono. Mallinak reached out to Tally Parham 96, a former F-16 fighter pilot who flew combat missions in Iraq. Parham, a lawyer with the law firm Wyche in South Carolina, had also authored an article about the combat exclusion policy and spoken at an academic conference on the topic. I ed her out of the blue and said we ve got this thing, we think you d be great, you have a personal connection, you know the issue, Mallinak said. She came back and said she was willing to take on a role, at least as far as providing an official umbrella for us to work under and possibly as a source [to whom] we could refer people who we thought had a strong interest and the potential to be plaintiffs down the road. In November, the Molly Pitcher Project began to attract the public s notice and 6 UVA LAWYER / SPRING 2013

9 LAW SCHOOL NEWS If you can t serve in those combat specialties, you are almost entirely excluded from the senior ranks in the military. began to hear from a number of female servicewomen. Articles about their work appeared in local and state media, as well as in the Army Times. Army Col. Ellen Haring of Bristow, Va., a strategic planner who had served 28 years in the military, came across that particular article. My husband read an article in the Army Times talking about the Molly Pitcher Project, she said. I decided to try to find Anne Coughlin, so I wrote to the author of the article who put me in touch with her. Initially, we just talked back and forth. She was just very excited to begin to hear from women who were interested in pursuing this through legal options. And I was one of them. Haring, who became a plaintiff in the lawsuit, said her career has been held back The Molly Pitcher Project: (from left) Helen O Beirne, Law Professor Anne Coughlin, Ariel Linet, Rebecca Cohn, and Kyle Mallinak. because she has been excluded from the elite training and jobs in the military. In recent years it s become very obvious, she said. If you can t serve in those combat specialties, you are almost entirely excluded from the senior ranks in the military. Eighty percent of our senior leaders come out of the combat arms from which women are excluded. So it was a structural barrier to women s advancement. Without combat experience, Haring said, her career had seemingly hit a ceiling. Up to the rank of colonel, it s pretty fairly even. It s beyond colonel [where the effects of the policy can be seen], she said. Generals and admirals are pulled from those critical specialties, those combat specialties. And so that means that the most senior leaders in our armed services, who make all the policy decisions, are almost all men. The Molly Pitcher Project, she said, came along at the right time. There were all these women in the military who didn t like this policy, but we didn t know how to go about challenging it. So [the Molly Pitcher Project s] efforts came along at the end of 10 years of conflict where women had been doing things that we d never been allowed to do before, she said. So I think it all came together. It was a tipping point. SHOCK AND DISBELIEF Over the winter break, the law firm Covington & Burling agreed to take on the case on a pro bono basis and file a federal lawsuit challenging the combat exclusion policy, with Baldwin and Haring as the plaintiffs. We couldn t have had better lawyers than the team at Covington, Linet said. We came out of nowhere and got the best lawyers money could buy for no money at all. We re just so lucky to have all the people who came together on this. The lawsuit was filed in May It sought a declaratory judgment that the Defense Department and Army combat exclusion policies were illegal and unconstitutional because they violated the plaintiffs right to equal protection under the Fifth UVA LAWYER / SPRING

10 LAW SCHOOL NEWS And you know what? If I see an injustice in the world, I might be able to do something to fix it, whether it s something small or something big like suing the Pentagon. Amendment, and because they violated the Administrative Procedure Act. It also sought a permanent injunction against any further enforcement of the military s combat exclusion policies and a mandate requiring the military to make all assignments and training decisions without regard to sex. O Beirne said she reacted to Panetta s announcement with shock and disbelief. It s one of those things where you ll always remember where you were, she said. I was sitting in a recliner, watching my baby sleep, which was unfortunate because I wanted to scream out and jump up and down, but I had to stay quiet. I did get a lot of goose bumps. It still, to a degree, feels so surreal. We thought it was going to take so long, that it was going to take years. Linet called it absolutely the best-case scenario, as an order from Panetta would likely carry more institutional legitimacy in the military than an order from a judge. A federal judge telling the military that they have to do something is not likely to be particularly popular. It may be incontrovertible, but it s not necessarily going to have a lot of support within the military, she said. It s a whole different ball game when you have the Joint Chiefs of Staff unanimously recommending to the secretary of defense and the secretary accepts that recommendation and says our military will be stronger when combat positions are open to women. Following Panetta s move, the judge issued a show cause order instructing the Molly Pitcher Project s side to explain why the case shouldn t be dismissed in light of the policy change. The government and Covington agreed that they wanted to stay the case until after a mid-may deadline for the military branches to explain how they would implement the decision to remove unnecessary genderbased barriers to military jobs. Baldwin said she believes the lawsuit initiated by the Molly Pitcher Project, as well as a similar suit filed in 2012 by the ACLU, for which the Molly Pitcher team consulted, played a key role in prompting the policy s removal. On the Department of Defense side, their attorneys had to look at what our complaint was and their attorneys probably let [the senior military leadership] know that you re probably going to lose, she said. Because of [the Molly Pitcher Project s] efforts pushing this forward, she added, it made the people in the position make this decision to say, We can either go ahead and make this decision or we can wait for the courts to make it for us. And they chose the path to make the decision, which I think was the smart one. AGENTS OF CHANGE The four law students, all of whom will graduate this spring, are agents of change, Coughlin said, not only for initiating a complicated, important lawsuit challenging a national issue, but for actually managing to succeed. They now know, from the beginning of their career, that they can make a difference, she said. They were first-year law students. Kyle wasn t even in the class! They must be graduating knowing, Yep, I can do this lawyering thing, and I can do it at a really high level. And you know what? If I see an injustice in the world, I might be able to do something to fix it, whether it s something small or something big like suing the Pentagon. On a practical level, Coughlin added, the students learned what it takes to file a real lawsuit. Not only do they know how to read cases, analyze doctrine, write legal memoranda, they know how to pick up the phone and walk out the door to meet people and interview people, she said. They know how to develop and ask the right kinds of questions to elicit the information that they need to develop a cause of action. They ve been thoughtful about ethical questions. They ve been thoughtful about strategy questions. This project required them to develop a case from scratch. Mallinak said the experience demonstrated the importance of a full-court press to cause social change, noting that the policy was lifted after the combined efforts of the Molly Pitcher Project, the ACLU, and a number of advocacy groups like the Service Women s Action Network. I came away with a real conviction that the best way for us, as lawyers, to create change is when we can work in conjunction with broader forces for social change and pursue an all-means-possible approach to improving people s lives, he said. It also underscored his respect for military servicewomen. I really got a deep and abiding appreciation for what these women had been able to accomplish by themselves, just by dint of going out there and doing their jobs in an atmosphere where a lot of people were skeptical of their abilities, he said. As for Baldwin, she is looking forward to seeing what jobs the Army is going to open up to women and she intends to apply. I m purposely going to go after any combat arms position that I can possibly apply for, just because I can now, she said. Doesn t mean anybody s going to hire me, and I understand that, but I m going to do it just because I have the opportunity to apply for them now. All I can do is keep knocking on doors and eventually, if you knock on enough, someone says yes. Find related video online at bit.ly/fighttofight. 8 UVA LAWYER / SPRING 2013

11 LAW SCHOOL NEWS 10 YEARS OF SUCCESS Brian McNeill Law & Business Program Named in Honor of Venture Capitalist John Glynn 65 Today Ravi Agarwal 09 works in the mergers and acquisitions group at the law firm Simpson Thacher in New York City, but he had little exposure to the economic and business principles he would need to excel in his job until he participated in a unique program at the University of Virginia School of Law. Agarwal credits the courses he took in the Law School s newly named John W. Glynn, Jr. Law & Business Program with helping him better understand how to solve problems facing his clients in the corporate world. A double major in biology and political science, Agarwal did not have formal exposure to economics, finance, or business in college. Other than my work in a neuroscience lab and a few pre-med classes, my coursework was not about true problem-solving, Agarwal said. After going through UVA Law and the Law & Business Program, I [gained] a new mindset about how problems should be approached and thought about particularly that we often should assess rules and business relationships in terms of economic efficiency. Launched at UVA Law in 2002 to offer students experience in business concepts, the program has been named in honor of John W. Glynn, a 1965 alumnus of UVA Law and the founder of Glynn Capital Management, a Silicon Valley venture capital firm that was an early investor in Intel Corp., as well as Facebook and LinkedIn. I saw the Law & Business Program as a great avenue to expand the horizons for our students and to give them some tools John W. Glynn, Jr. 65 that would help them in working with their clients in their legal practice, but also an appreciation for [how] business people think and how they address the complex problems and issues that they re constantly facing, Glynn said. The program, which is not a track or separate degree program, integrates business and legal analysis in the law school classroom, and is designed to teach students the skills needed to understand and better serve corporate clients. It includes courses on the basics of accounting and finance, enhanced versions of core business law courses, and a number of intensive short courses taught by senior counsel and executive officers who are leaders in their field. I was attracted to the Law & Business Program because it s a chance to expose our students to topics and, more importantly, to the people teaching those courses, who could inspire them and add to their knowledge and passion to pursue their own dreams, Glynn said. Glynn recently endowed the program with a major gift that will help make permanent the Law School s curricular commitment to business, finance and investing, and further student and faculty activity in those areas. We are grateful for the continued support of John Glynn, whose success should be inspirational for law students looking to make an impact on the business world, said Vice Dean George Geis. The real key to our momentum in this area has been UVA s ability to attract leading lawyers, executives and judges who are willing to bring their experiences into the classroom. More than 10 years after the program launched, it has proven popular with students and practitioners who have participated in teaching courses. The program has attracted instructors such as a former general counsel and executive officer of The Coca-Cola Company, a managing director of Goldman Sachs, a vice chairman of Citigroup Inc. and the former managing director of Deutsche Bank AG, as well as the chief justice of the Supreme Court of Delaware, the state where most major businesses are incorporated and where the majority of corporate law litigation is adjudicated. Alumni who took the coursework are also finding success in their careers, built in part on the skills and foundational concepts they learned in the program. Though the program helped prepare Agarwal for complex work involving private equity acquisitions and strategic transactions representing middle- and large-cap public companies, he said the Law & Business curriculum is invaluable for students interested in any number of career fields. Whether you expect to practice corporate law, litigation or public service work, or even do something completely unrelated, you will learn many useful skills and UVA LAWYER / SPRING

12 LAW SCHOOL NEWS Ravi Agarwal 09 and Anna Shearer 07 concepts in the Law & Business courses that can be applied to numerous jobs and situations, he said. Anna Shearer 07 is a vice president at Barclays Capital in New York City, working in the field of equities derivatives. Looking back on her time at the Law School, Shearer said the Law & Business Program s array of short courses gave students a look into the real world of business. I took one on M&A, for example, that took us through exactly what a deal looks like, she said. Those kinds of courses that show you what the documents look like [and] what is involved in one of those big transactions, taught by someone from within the industry, were extremely helpful. The program also allows students to connect with some of the top business law professors in the world. Shearer, who studied computer science as an undergraduate, started working in derivatives during her first summer while serving as a research assistant to Dean Paul G. Mahoney, an expert on securities regulation, law and economic development, corporate finance, financial derivatives and contracts. During my 2L year, I worked on side projects for him throughout the year, she said. It was a great experience. Every time I have something [go well] in my career, I always him. Shearer said the most useful course she took was the Law & Business Program s Accounting and Corporate Finance class. I would recommend that to everyone, she said. It teaches you the vocabulary you will need to know. You won t be doing that right when you get out of law school and become a lawyer, but you need to understand what other people do. Agarwal echoed that statement, adding that UVA Law courses on securities regulation and corporate governance also proved critical. Being able to understand financial statements and understand the business vocabulary is incredibly helpful in communicating with clients and counterparts and understanding the goals your clients are trying to achieve, he said. Additionally, almost regardless of the type of M&A transaction I am working on, corporate governance concepts often come to the forefront, especially when advising a board on how it should be thinking about its options. John B. Esterhay 06 said his education at the Law School helped prepare him well for his career in management consulting at McKinsey & Company. The analytical thinking skills in management consulting are similar to legal skills, he said. For example, consultants must gather facts, spot issues and apply logic to breakdown complex problems. Just like lawyers, consultants analyze situations from different perspectives, and must identify and understand different stakeholders and interests. He added that his time at UVA Law also helped him hone his oral and written communication skills, both of which have proven essential in his career. Just like lawyers, consultants must ask John Esterhay 06 precise questions, listen for nuances and make arguments in a way that is persuasive, he said. Communication skills are particularly important, because consultants often recommend changes, and it takes a lot of influencing and persuasion to help large organizations to change in positive ways. Esterhay who co-teaches a January term course with Geis on applied problemsolving recalled taking a number of outstanding courses in the Law & Business Program. In particular, the securities regulation course that Dean Mahoney taught stands out in my mind, he said. He integrated accounting and financial analyses into the course, and that made me more comfortable with many concepts earlier in my career. The program, Esterhay added, is a great 10 UVA LAWYER / SPRING 2013

13 LAW SCHOOL NEWS option for any law student interested in business. It s a unique way to learn about business practices and culture, without enrolling in a combined J.D.-MBA program, since that option usually requires either an additional year of study or taking classes year-round and foregoing summer work experience, he said. More online: video conversation with John Glynn 65 at bit.ly/johnglynn. MONEY MANAGEMENT Richard Crawford 74 Student Investment Club Offers Real World Experience Rivanna Investments is a student investment club that gives its members real world experience in investment management and investment markets by allowing them to manage a small portion of the Law School endowment. A group of first-years who were as passionate about global finance as they were about the law founded Rivanna Investments in the fall of They began to meet weekly to discuss recent economic and market developments. What began as a group of friends engaging in convivial lunchtime discussions about corporate affairs evolved into rigorous investigations into potential investments. In the spring of 2011 this group of friends approached the Law School Foundation with the idea of launching a student-run investment group managing real money on behalf of the Law School. The model for such an activity was Darden Capital Management, which had been founded at Darden in It had developed an excellent investment record over a 20-year period in which it managed a small amount of the Darden endowment. Law School Foundation Chief Executive Officer Luis Alvarez 88 supported the idea and referred it to Dean Paul Mahoney for his review and approval. After thorough consideration by the dean, he recommended the idea to the Foundation s Investment Committee who supported it and approved the allocation of $100,000 in initial capital for the group to invest. The dean and trustees felt the club was an excellent fit with the Law & Business Program, as well as a way to provide practical experience to students interested in investments and investment markets. Rivanna offers Law students a stronger educational experience relating to investment and securities markets and better prepares them for legal and business careers relating to the financial services industry. Currently, Rivanna has more than 30 student partners who make recommendations on which listed stocks to invest in using fundamental, values-oriented, research driven analysis. The club s basic investment focus is a two-prong strategy of buying blue chip stocks with a solid dividend yield while pursuing other stocks that represent a value investment opportunity. The club s investment process requires that an individual member present an investment recommendation supported by an oral presentation to the entire club accompanied by a detailed written analysis of the investment opportunity. The club s investment committee then votes thumbs-up or thumbs-down on the specific investment recommendation. In addition to its core activity of researching investment opportunities and managing its small fund, Rivanna has a steady stream of educational activities for its members, including training sessions on topics like financial analysis and guest speakers from the investment industry. Since its founding Rivanna has hosted numerous campus speaking engagements including Alice Handy of Investure, Thad Glowacki 05 of Mangham Associates, Frank Edmonds 95 of King Street Capital, Jim Donovan of Goldman Sachs, and Peter Kaufman 78 of Gordian Group. Beyond education for its members, Rivanna is attempting to reach out to the broader UVA Law alumni community with investment education. At the end of February the club mailed its first newsletter with a featured investment article and a stock selection for the quarter. They plan to make it a quarterly publication with featured articles by interested alumni in the money management business. Going forward, Rivanna plans to grow into a for-credit academic activity in the same manner as Darden Capital Management. At the end of 2012 the club established a formal alumni advisory board to help develop its program over time. For the future, the club plans to develop a strong What began as a group of friends engaging in convivial lunchtime discussions about corporate affairs evolved into rigorous investigations into potential investments. relationship with the CFA Institute located in Charlottesville, including scholarships for club members, to pursue the chartered financial analyst curriculum and designation. In addition, the club is seeking to establish summer internship with institutional money managers so that members can get real world work experience in money management. UVA LAWYER / SPRING

14 LAW SCHOOL NEWS If we safeguard our civil liberties but leave our country vulnerable to attack, we will have lost. And if we protect our citizens from crime and terrorism but sacrifice our civil rights, we also will have lost. It is not a question of conflict, it is a question of balance. NATIONAL SECURITY Brian McNeill FBI Director and Jefferson Medal Recipient Robert Mueller 73 Reflects on Bureau s Transformation After 9/11 Two or three days after the September 11, 2001, terrorist attacks, FBI Director Robert S. Mueller III 73 who had taken office just days earlier on September 4 was summoned to the White House to deliver his first briefing to President George W. Bush. Mueller, who says he was scared to death and so new to the FBI that he could barely find his office, had prepared extensively to update the president on the FBI s activities in response to the attacks. Agents had established crime scenes at all relevant locations, he told the president, had begun to identify the hijackers and were already concluding that Osama bin Laden and al-qaida were responsible. The president stopped me and said, Bob, that s all well and good. That s what I expected the bureau to do. That s what the bureau has been doing well for the last 100 years. What I want to know from you is, what are you doing to prevent the next terrorist attack? Mueller recalled in a talk at the Law School. I felt like a high school kid who had done the wrong homework assignment. I got it wrong. From that moment, Mueller said, he realized that the FBI could no longer be reactive to crime and terrorism. It had to grow more proactive and overhaul its priorities and capabilities. The days after the attacks of September 11 changed the course of the bureau, he said. National security that is, preventing terrorist attacks became our top priority. We shifted 2,000 agents from our criminal programs to national security and we understood that we had to focus on long-term strategic change enhance our intelligence capabilities, upgrade technology, build strong partnerships, forge strong friendships both here at home and abroad. Mueller spoke at the Law School after he was awarded the 2013 Thomas Jefferson Foundation Medal in Law as part of UVA s Founder s Day celebration. Sponsored jointly by the University and the Thomas Jefferson Foundation, the nonprofit organization that owns and operates Monticello, the Thomas Jefferson Foundation Medals recognize the achievements of those who embrace endeavors in which Jefferson, author of the Declaration of Independence and third U.S. president, excelled and held in high regard, including law, architecture, and leadership. Mueller, the longest-serving FBI director since J. Edgar Hoover, was appointed by Bush in FBI directors are limited by law to a single term of no more than 10 years, but Congress extended Mueller s tenure by two years in 2011 at President Barack Obama s request. Transforming the FBI following 9/11 was no simple task, Mueller said. We realized that we could no longer do the drug cases we d done before, we could no longer do the smaller white-collar criminal cases, he said. So we took about 1,500 agents from the drug program and put them over in counterterrorism. We took 500 agents doing smaller white-collar criminal cases and put them over [in national security posts]. Were they happy? Not particularly. Yet Mueller realized that the FBI s mission is not necessarily about what the agents want to do. I love doing trials. I love doing bank robberies, drug cases, homicides, as a prosecutor. That s what I thought I was going to be overseeing when I got to the bureau, he said. Turned out not to be the case. The fact of the matter is, it s not what we want to do, it s what the American people need us to do. What does the president expect, Congress expect, and the American people expect? They expect us to prevent the next terrorist attack. Traditionally, he said, the FBI s success was determined based on metrics such as the number of arrests and convictions. Our metric now is one how many terrorist attacks have occurred in the last 10 to 12 years on the territory of the United States. Mueller was born in New York City and grew up outside of Philadelphia. He graduated from Princeton University in 1966 and earned a master s degree in international 12 UVA LAWYER / SPRING 2013

15 LAW SCHOOL NEWS COLE GEDDY relations from New York University in After NYU, Mueller joined the U.S. Marine Corps and served as an officer for three years, leading a rifle platoon of the Third Marine Division in Vietnam. For his service in the Marines, Mueller was awarded the Bronze Star, two Navy Commendation Medals, the Purple Heart, and the Vietnamese Cross of Gallantry. The FBI motto is Fidelity, Bravery, Integrity. And Mueller embodies those traits, said Law School Dean Paul G. Mahoney in his introduction. He has served our nation with distinction for over 40 years as a soldier, lawyer, and public servant. His integrity, dedication, discipline, and humility make him an ideal recipient of the Medal in Law. Following Mueller s military service, he enrolled at UVA Law, where he served on the Virginia Law Review and earned his law degree. At the time, Mueller recalled, many law schools were not receptive to Vietnam veterans, but UVA welcomed him and others. The University was looking for [students with] a range of experiences, understanding that a true legal education is an amalgam of the law and of values, with a goal of preparing its students for service service to the country, service to Virginia, and service to others, Mueller said. On his first day of classes at the Law School, Mueller recalled sitting next to a scruffy-looking classmate. FBI Director Robert S. Mueller 73 I still had a Marine Corps haircut and was dressed rather neatly. He, on the other hand, had hair down to his shoulders, a Fu Manchu mustache, was dressed in a grubby T-shirt and shorts, and was not wearing shoes. He never wore shoes, Mueller said. [Law Professor] John Jeffries and I were in the same class. He knows exactly who I m talking about. It s not me, Jeffries quipped from the audience in Caplin Pavilion. I quickly came to find out he was a conscientious objector, not paying much attention in class, and seemed to be there for UVA LAWYER / SPRING

16 LAW SCHOOL NEWS the ride. At least, that s what I believed until the first grades were posted and he did even better than John Jeffries. They were at the top of the class, while I lingered somewhere in the middle, he said. That scruffy hippie, he added, went on to become a great friend and a highly successful antitrust lawyer in San Francisco. Mueller said he was drawn to UVA Law for its ideals, which match what he called three basic tenets for a rewarding professional life in law integrity, a commitment to the rule of law, and valuing public service. Uncompromising integrity, he said, is a core value at both the FBI and UVA Law. As the saying goes, if you have integrity, there is nothing else that matters, he said. And if you don t have integrity, there is nothing else that matters. For attorneys and non-attorneys alike, he said, there will be times in which they are tested in ways both small and large. You may find yourself standing alone against those who you thought were trusted colleagues, you may stand to lose what you have worked for, and the decision will not necessarily be an easy call, he said. But this institution, Virginia, has prepared its students for such tests. Integrity is a way of life here at this institution. The rule of law, he said, guides the FBI s belief that it must be objective, fair and apolitical, and that it must respect the privacy and civil liberty implications of its actions. We recognize that in the wake of September 11, if we safeguard our civil liberties but leave our country vulnerable to attack, we will have lost. And if we protect our citizens from crime and terrorism but sacrifice our civil rights, we also will have lost. It is not a question of conflict, it is a question of balance. Mueller reflected on his service in Vietnam, and said it helped fuel his desire to a public servant. I consider myself fortunate to have survived that tour in Vietnam, he said. There were many who did not. And perhaps because of that I ve always felt compelled to try to give back a little. He urged the law students in the crowd to find ways to give back, whether through public service or private practice, and to be able to look back on their careers as time well spent. Each of us must determine for ourselves in what way we can best serve others, he said. Those of you who are students will leave UVA with a firm grasp of not only the law as it stands, [but also] the law as it should be and the law as it could be. And I just ask you to find something that you love doing, some way that you too can contribute, something that will leave you believing that your time has been well spent. Following his graduation from UVA Law, Mueller worked as a litigator in San Francisco, spent 12 years in U.S. attorney s offices, and then was appointed an assistant U.S. attorney in Boston, where he investigated and prosecuted cases involving financial fraud, terrorism, public corruption, narcotics conspiracy, and international money laundering. In later years he served as partners in two Boston law firms, was an assistant to U.S. Attorney General Richard L. Thornburgh, led the Justice Department s criminal division, and was appointed U.S. attorney in San Francisco. As FBI director, Mahoney said, Mueller s service and transformation of the bureau has been nothing short of remarkable. He has earned unprecedented bipartisan respect, no easy feat given the high profile and challenging mission of the FBI, he said. More online: video of Robert Mueller s talk can be found at bit.ly/mueller_medal. LET S START OVER Eric Williamson Former State Department Official Calls for New Laws in Dealing with Terrorism The United States needs to rethink and further develop the rule of law surrounding drone strikes, detentions, and other tactics used in combating terrorism, a former U.S. Department of State official 14 UVA LAWYER / SPRING 2013

17 LAW SCHOOL NEWS and leading voice on foreign policy said in April. Let s start over, said Anne-Marie Slaughter, a professor of politics and international affairs at Princeton University who served as director of policy and planning for the State Department from Let s think about the kind of conflict we are going to face in this century And then let s have a public debate and talk to countries around the world. Slaughter s comments in Caplin Auditorium marked the 15th annual Henry J. Abraham Distinguished Lecture, which is presented each year at the Law School by the Thomas Jefferson Center for the Protection of Free Expression. She said the current legal justification for military action against suspected terrorists is rooted in the question: Are we at war? The Obama administration cites the law passed after the September 11 attacks authorizing all necessary and appropriate force, as well as U.N. Security Council resolutions supporting operations in Afghanistan, as a legal basis for its current counterterrorism policies, Slaughter said. But she said the rule the judicial process, she said. We don t know what criteria were used to put people on that target list, she said. [And] there are Americans on that target list. Slaughter said an American legal position based primarily in 9/11-related authorizations may also be on shaky ground now that U.S. troops are scheduled to withdraw from Afghanistan in Recently the nonpartisan Task Force on Detainee Treatment, convened by the Washington, D.C.-based think tank The Constitution Project, issued a report regarding the prisoners being held by the U.S. in Guantanamo Bay. The vast majority of that task force found the authority to detain those people in Guantanamo is explicitly tied to our authority to wage war in Afghanistan, Slaughter said. Among the task force s recommendations were speedy trials, transfers to U.S. mainland prisons or release to foreign countries, she said. If we end the war in Afghanistan and continue keeping [prisoners in Guantanamo], we are violating some of our most precious legal canons, Slaughter said. Let s have a public debate and talk to countries around the world. of law is being stretched, pointing to recent U.S. drone strikes in Mali and Yemen, which are far removed from Afghanistan. So now we re talking about using drone strikes on individuals who are not connected to 9/11, who are not connected to the theater of war, who theoretically could be anywhere, Slaughter said. Is that war? And this is a hard question. Because you could say these are all groups who are trying to target the United States. The problem gets more complicated as secret, targeted killings further circumvent Princeton professor Anne-Marie Slaughter The U.S. could better hew to rule of law principles by creating more explicit definitions regarding acts of terrorism or pending threats, and how they should be handled legally We need some category that says when a certain number of people have been killed, with a certain level of violence, here are the rules that apply, she said. We don t want to live in a world in which governments can simply decide, We could capture someone and try them, or we can simply kill them. Find video at bit.ly/slaughter_drones. 34 YEARS Jason W. Trujillo 01 Steve Hopson 69 Wraps Up One More Career Path His Own At commencement on May 19, my good friend and colleague Steve Hopson 69 will once again, as he has done for more than a generation of law students, call the names of graduates as they cross the stage to collect their diplomas. But the conclusion of this year s ceremonies also marks the end of Steve s 34-year career leading the Law School s career services efforts. I m not sure what s next, other than a trip or two abroad. Betty and I love Europe and now we will have the time to return, he said. Betty is Steve s wife of 33 years, with whom he eloped to Key West in 1980, a year after starting his job as the Law School s director of placement. In 2009, in contemplation of his retirement a few years hence, Steve stepped down from running the day-to-day operations of Career Services and handed the reins to Kevin Donovan. Steve assumed the role of senior career counselor and assistant dean of Career Services. I am so pleased with the way the office is running now. Kevin has brought so much energy and enthusiasm and great ideas to the office, Steve said. It s in absolutely wonderful hands. Steve was born into an old Virginia family tracing their Richmond roots to 1802, when the ancestors arrived from Scotland. Steve s mother was in the first graduating class of Thomas Jefferson High School in the Richmond public school system. Steve followed in her footsteps some 30 years later, graduating as student body president of the then 2,000-member high school. In his free time, he played piano in his band the Squires and one of their gigs UVA LAWYER / SPRING

18 LAW SCHOOL NEWS Steve Hopson 69 in Vietnam, serving in the Army JAG Corps. in their senior year was christening the new Alpha Epsilon Pi party room at the University of Virginia. The fraternity must have impressed Steve, because he ended up enrolling at the University the next year, having turned down an offer to attend Yale. Steve s life at UVA was marked with success. He was an Echols Scholar, editorin-chief of The Cavalier Daily, and lived in 26 East Lawn, later made famous by subsequent resident Katie Couric. He graduated and enrolled in the Law School a few months later, joining the Class of 1969, alongside classmates Richard Bonnie, now a UVA Law professor, and Martha Ballenger, now assistant dean for student affairs. Steve was president of the Raven Society as a 1L, and lived for a time at 21 West Range on the Lawn. He also served as chair of the University Judiciary Committee. While Steve was in law school, the war in Vietnam intensified. Upon graduation he joined the Army JAG Corps at age 25 and made a four-year commitment to serve. After going to salute school at Fort Lee in Virginia and spending some time at Fort Dix, N.J., Steve arrived in Vietnam on December 31, I went to the Officer s Club just before 10 p.m. expecting a party. Instead I found out they were closing at 10 and the band was playing the Animals song We Gotta Get Out of This Place. I thought to myself, I just got here. I have a year to go! Steve s superiors wanted to make him a prosecutor, but they quickly found out my temperament was more suited to being a defense counsel. He defended soldiers accused of drug possession, petit larcenies, and failing to obey orders. Heroin was unfortunately everywhere, giving him a heavy caseload. The prosecutor in most of his cases was Sim Lake (now a U.S. district judge who presided over the trials of Enron Chairman Key Lay and former Chief Executive Officer Jeff Skilling). Sim was his adversary by day but his hoochmate (the person he shared a tent with) by night, and they became close friends. Steve soon became a two-digit midget, having fewer than 100 days left to serve in Vietnam. He d look up at the planes taking service members back to the states Freedom Birds and knew his would arrive soon. When asked his preference of assignment upon returning to the States, he replied without hesitation The JAG School at the University of Virginia in Charlottesville. The request was granted 16 UVA LAWYER / SPRING 2013

19 LAW SCHOOL NEWS Hopson has called the names of thousands of Law graduates. and Steve served out the rest of his Army time back home in Virginia. Another of Steve s Vietnam hoochmates, Harry Boertzel, wrote him a letter in late 1973 suggesting Steve join him as a legislative counsel in Guam. The legislature of Guam was in session all year and Steve and Harry attended each session, gave advice on parliamentary issues, wrote amendments, and served as counsel to the committee hearing. While the locale was exotic, it beat sharing a hooch in war time, Steve said. The governor of Guam asked Steve to be his special legal assistant. After two years in Guam, Steve was encouraged to take a job at Hunton & Williams by two friends at the firm from the class of 1967, former University Rector Gordon Rainey and former Virginia Bar Association Executive Director Guy Tower. I had a wonderful time at Hunton and will be forever grateful to Gordon and Guy, Steve said. After four years Steve was drawn back to the Law School when he had the opportunity to join the administration as director of placement in At the time, Steve became the fifth administrator at the Law School, joining Associate Dean for Admissions and Placement Al Turnbull 62, Associate Dean for Finance and Administration Lane Kneedler 69, Director of Admissions Jerry Stokes, and Director of Student Affairs Elizabeth Low. His duties also included reading admissions files, interviewing applicants for admission, and working with those students who were interested in public service careers. In 1986 he started running the Law School s graduation ceremonies. I took particular pride in working to make sure Steve has called the names at every graduation ceremony since [1986], except for 2009, when he relinquished the duty so he could see his own daughter graduate from the University. I pronounced each graduate s name absolutely correctly, he said. Steve has called the names at every graduation ceremony since then, except for 2009, when he relinquished the duty so he could see his own daughter graduate from the University. He also played a major role in developing the school s first loan forgiveness program and, through his hiring of Assistant Dean Kimberly Emery 91, paved the way for the Mortimer Caplin 40 Public Service Center, an office that has grown to include several career counselors. Steve has worked under six deans Emerson Spies, Richard Merrill, Thomas Jackson, Robert Scott, John C. Jeffries, Jr. 73, and now Paul Mahoney. I m honored to have worked for all of them, he said. Yared Getachew 98, who also served as the Law School s assistant dean for public service for several years, praises Steve as one of the kindest people I know. Thousands of Law students, including myself, have relied not just on his wise professional counsel, but also his support and unfailing encouragement. He leaves a huge void at Virginia. Steve has spent thousands of hours counseling students and making connections between law firm employees, alumni, and students to help graduates forge the career path they wanted, stressed Kevin Donovan. Dean Hopson has made an impact on so many lives during his time at the Law School. Every year during on- Grounds interviews and reunions, alumni seek me out and tell me their stories of how Dean Hopson s help made all the difference in their job searches. Steve is an inspiration to all of us. He cares deeply for the students. He works tirelessly without ever looking for credit. He is one of the unsung heroes of this place. UVA LAWYER / SPRING

20 LAW SCHOOL NEWS A SAMPLE OF THE VIDEO AND MP3 OFFERINGS FOUND ONLINE Multimedia News Offerings at SYRIA BEHIND THE HEADLINES: DYNAMICS OF THE UPRISING AND HUMAN RIGHTS ON THE GROUND Basamm Haddad, director of the Middle East Studies program at George Mason University and founder of the e-zine Jadaliyya, spoke on the roots of the uprising in Syria and the current situation on the ground. THE CRIME OF INCITEMENT: PROPAGANDA AND MEDIA IN INTERNATIONAL CRIMINAL TRIBUNAL JUDGMENTS Richard A. Wilson, Gladstein Chair of Human Rights, professor of anthropology and law, and director of the Human Rights Institute, University of Connecticut, speaks on The Crime of Incitement: Propaganda and Media in International Criminal Tribunal Judgments. EYEWITNESS MEMORY AND THE SOCIAL SCIENCE RESEARCH Jennifer Dysart, one of the nation s leading experts on the factors influencing the accuracy of eyewitness identification, spoke at a symposium on Eyewitness Identification Procedures in the Commonwealth. RELIGIOUS LIBERTY AND THE CULTURE WARS Professor Douglas Laycock lectures on religious liberty and the culture wars to mark his appointment as the Robert E. Scott Distinguished Professor of Law. A WALK ACROSS THE SUN As part of the Virginia Festival of the Book, author Corban Addison 04 discusses the research and writing of his novel, A Walk Across the Sun, which crosses international boundaries and delves into both human trafficking and the depths of family love. GAMBLING AND CORRUPTION IN SPORTS At the Vice and Morality in Sports symposium, presented by the Virginia Sports & Entertainment Law Journal and the Virginia Sports Law Society, a panel discussed gambling and corruption in sports. The panel featured Tom Ostertag 81, senior vice president and general counsel of Major League Baseball; Ryan Rodenberg, assistant professor of sport law, Department of Sport Management, Florida State University; Jeffrey Standen 86, associate dean for academic affairs, Van Winkle Melton Professor of Law, Willamette College of Law; and moderator Alex Johnson, Perre Bowen Professor of Law and director, Center for the Study of Race and Law. THE FUTURE OF THE VOTING RIGHTS ACT: A DISCUSSION ABOUT SHELBY COUNTY V. HOLDER AND WHAT IT MEANS FOR VIRGINIA Professor Risa Goluboff and Ridge Schuyler 87, former Virginia Counsel for Obama for America, discuss the recent argument in Shelby County v. Holder, the case challenging the constitutionality of Section 5 of the Voting Rights Act. A CONVERSATION WITH THE GENERAL COUNSEL FOR THE NAACP What does it mean to lead the general counsel s office for one of the oldest and most respected civil rights organizations in the country? Kim Keenan 87 discusses her work at the NAACP and her career in both the public and private sectors. THE MAN WHO SHOT LIBERTY VALANCE: THE FUTURE OF FINANCIAL REGULATION Ethiopis Tafara, director of the Office of International Affairs at the U.S. Securities and Exchange Commission, spoke as part of the Virginia Journal of International Law and the J.B. Moore Society of International Law symposium, Financial Innovation in a Changing World. 18 UVA LAWYER / SPRING 2013

21 LAW SCHOOL NEWS POVERTY AS DISABILITY: NEUROSCIENCE, POOR CHILDREN AND SPECIAL EDUCATION Professor James Ryan 92 and Angela Ciolfi 03, director of the JustChildren program of the Legal Aid Justice Center, speak on Poverty as Disability: Neuroscience, Poor Children and Special Education at the Virginia Journal of Social Policy & the Law s symposium, Theory and Practice. RISING: THE REBUILDING OF THE WORLD TRADE CENTER William Baroni 98, deputy executive director of the Port Authority of New York and New Jersey, discusses efforts to rebuild the World Trade Center. Baroni delivered his address during Law Alumni Weekend. COMING APART: THE ISOLATION OF THE NEW UPPER CLASS The Federalist Society hosted the American Enterprise Institute s Charles Murray, who spoke on an aspect of his most recent book, Coming Apart: The State of White America, THE CAPITALIST DILEMMA: DISRUPTIVE TECHNOLOGY IN A RECOVERING ECONOMY Harvard Business School professor Clayton Christensen discussed the effects of disruptive innovation on a recovering economy in a talk to law and business students. THE ARAB SPRING AND THE FUTURE OF THE ARAB WORLD Jordan s former ambassador to the European Union, Ahmad Masa deh LL.M. 92, spoke on the Arab Spring and the future of the Arab World. BENDING TOWARD JUSTICE: THE STRUGGLE FOR CIVIL RIGHTS TODAY Mary Bauer 90, legal director of the Southern Poverty Law Center speaks as part of the annual commemoration of the life and legacy of Martin Luther King, Jr. DEFENDING SEN. STEVENS: FAIRNESS IN PROSECUTING THE LAW Robert Cary 90, partner at Williams & Connolly, discusses his experience defending U.S. Sen. Ted Stevens and the importance of fairness in prosecuting the law at a talk sponsored by the Federalist Society and the Rex E. Lee Law Society. UVA LAWYER / SPRING

22 Reimagining UVA BY CULLEN COUCH When Thomas Jefferson founded the University of Virginia almost 200 years ago, he created a model for secular public higher education that has become the envy of the world. U.S. public universities produce 70 percent of the nation s scientists, engineers, and doctors, and most of its university-based research. But in spite of such outsized contributions and promise, the system is being questioned and financially squeezed. Meanwhile, other nations, in particular emerging economies, are investing heavily to emulate America s leading public universities and match their success. 20 UVA LAWYER / SPRING 2013

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24 MANUAL OF THE BOARD OF VISITORS Sec on 1, Statement of Ins tu onal Purpose. The central purpose of the University of Virginia is to enrich the mind by s mula ng and sustaining a spirit of free inquiry directed to understanding the nature of the universe and the role of mankind in it. Ac vi es designed to quicken, discipline, and enlarge the intellectual and crea ve capaci es, as well as the aesthe c and ethical awareness, of the members of the University and to record, preserve, and disseminate the results of intellectual discovery and crea ve endeavor serve this purpose. In fulfilling it, the University places the highest priority on achieving eminence as a center of higher learning. Statement of Ins tu onal Purpose adopted by the Board of Visitors in May 1985 Sec on 2.4, Powers and Du es. The powers and du es conferred upon the Board are to be exercised for the purpose of carrying into effect the Statement of Ins tu onal Purpose. Sec on 4.1, The Rector and Vice Rector of the University. The Rector of the University is especially charged with the duty of maintaining that level of interest and ac vity among the members of the Board of Visitors as will best contribute to the determina on of broad policies, wise planning for the future, intelligent and considerate observance of the rights of the faculty and the student body, including the care and preserva on of the Honor System, and maintenance of the independence of the Board from outside influences harmful to the interests of the students and faculty of the University. 22 UVA LAWYER / SPRING 2013

25 Ironically, states are now running away from the records of their flagship universities as they debate the future of public higher education. University governance was always informed by politics, but elected officials and trustees historically showed restraint in deference to institutional management, or at least sought to balance strategic differences. Today, public universities sometimes resemble a tug-of-war between the administration and the board, with less collaboration and more conflict, often over academic issues that were previously reserved to the discretion of the president and the deans. In the last two years alone, the presidents of the University of Wisconsin Madison, the University of Illinois, and the University of Oregon plus another eight presidents of public research universities were ousted or forced to resign. Whom did they fail to serve? It s not clear, but boards are increasingly proxies for governors, and the governors of Texas, Florida, North Carolina, and Wisconsin, for example, have been pressuring the educational elite in their states to cut costs and trim programs. Their rhetoric reflects the times. The economy is still struggling, states have right-sized to close deficits, and revenues are not expected to rise fast enough to avoid hard choices. Public universities are not immune to calls for greater fiscal prudence and accountability. But critics such as Governor Pat McCrory of North Carolina go much further. His staff is drafting legislation that would fund the UNC system not based upon how many butts are in seats, but how many [of those] butts can get jobs. Governor Rick Scott of Florida asks, Is it a vital interest of the state to have more anthropologists? Governors Scott Walker of Wisconsin and Rick Perry of Texas want to link state funding of their systems to alumni employment. More subtly, the State Council of Higher Education for Virginia began publishing the starting salaries of college graduates by school and program of study. Not surprisingly, the technical disciplines have higher earners than the humanities, but that has always been true. It s a facile analysis for the moment because tight budgets are in search of spending rules, and everyone understands income. Hunter Rawlings, president of the Association of American Universities, throws up his hands in dismay. This ranking is specious. As others have said, not everything that counts can be counted, and not everything that can be counted counts. Yet treating all college as vocational training encourages just that kind of simplistic thinking, reducing the value of an education to a single number. Such sentiments challenge what many believe to be the intrinsic value of higher education. We are certainly in a time where higher education is under attack, not simply based on cost, and we need to defend it, says George M. Cohen, the Law School s Brokaw Professor of Corporate Law and the Chair of UVA s Faculty Senate. This should not be a partisan issue. We are talking about being competitive in the world and having an educated populace of responsible citizens able to think critically, whatever their political beliefs. Narrow technical training may solve certain types of problems, adds Robert W. Iuliano 86, General Counsel of Harvard University, but in the end that person may not be as well situated as someone who has both the technical training and a broader knowledge base to find answers when hard questions arise. I like to work around people who can think creatively and have a broad base of knowledge upon which to draw, because that s going to help solve increasingly complicated problems that require multidisciplinary perspectives. Indeed, UVA President Teresa Sullivan sees an even more dire threat. I tell you without exaggeration that as we in the United States are tearing down our research universities, other countries, which may one day be our adversaries, are building them up, she told an audience on Grounds in February. Sullivan asserts that UVA has a responsibility to make public higher education sustainable because our national security depends upon it. I think we can do it because of our distinctive history, because we have a history of innovation that makes us a change leader, because of our uncommon size and scale compared to other flagship universities, and most importantly, because we are not embarrassed to embrace a set of strong values. UVA LAWYER / SPRING

26 Converging forces Gerald L. Parsky 68, founder and Chairman of Aurora Capital Group in Los Angeles, was a member of the University of California Board of Regents for 12 years, serving as Chair from 2004 to 2007, and was a trustee of Princeton University from 1981 to Even before the financial crisis and ensuing recession, Parsky foresaw the challenges facing public universities, the converging forces they must manage to fulfill their mission of providing access to quality higher education at an affordable price. Just as in Virginia, where the Commonwealth provides just eight percent of the University s budget, state funding of public universities around the country has steadily declined. It would be contrary to the University s charge to make up that difference solely through tuition, says Parsky. Private support should be a primary source to replace state funding, but it must do so without raising the specter of privatization. I m sure that University of Virginia alumni are just as dedicated and loyal to their alma mater as the alumni of private institutions, but they re relatively untapped. So you need to look at private giving not as something to be feared, but something you can carefully marshal as you seek to make up for less public funding. Changing demographics are also forcing public universities to reconsider their relationship with the K 12 systems that feed them. In California as well as Virginia, the challenge is to figure out a way the entire population can have access to the best university system in the world, says Parsky. That gets to the direct link to K 12. The universities have to participate in helping to prepare students for college. In California, the universities have Student Academic Preparation and Educational Partnerships that do this, but more needs to be done. Cohen agrees, and notes that expanding access to higher education puts a premium on teaching. Certainly the faculty need to focus more on teaching critical thinking skills, he says, but we also have to think about who we re teaching and what these students experiences are. We have to recognize that we are dealing with challenges in admitting students who have gone through school systems where teachers are teaching to the test, where the students themselves do less real critical thinking and writing. Then there is the lingering tension surrounding affirmative action. Educators value diversity for the myriad backgrounds and perspectives it brings to the campus conversation. Diversity is a key principle and defining characteristic of the State of California and its universities, says Parsky. As a result, I m a believer in legal affirmative action because we need diversity on our campuses, especially our public universities. The admissions office should be careful not to use processes that discriminate on the basis of race or ethnicity but should take into account a number of factors in evaluating an applicant. For instance, it is important to understand the obstacles that a student may have had to overcome in getting to where he or she is and take that into account. If the admissions office does not consider such a factor, as well as other factors, it minimizes the chances of having a truly diverse campus where all students benefit. A uniquely complex organization A university, compared to any other institution in the world, is a place that always has to be growing and learning because of the very nature of what we do. Teresa Sullivan, February 4, 2013 Like most modern research universities, UVA is a hive of related but disconnected activities. In addition to offering a full curriculum, the University manages a health care system, retail operations, entertainment and sports events, real and intellectual 24 UVA LAWYER / SPRING 2013

27 Just as a disengaged board is dangerous, there are also consequences when a board, or some of its members, push too deeply into the roles and responsibilities of the administration. Robert Iuliano property interests, building and maintenance, and a host of other concerns. It employs 12,500 and has an annual operating budget of $2.6 billion. A university, particularly a large research university, does just about everything, says Iuliano. It is its own town in a way, but with international impact. The University health system is especially vast and complicated. Having a medical school and running a hospital are in the public interest, but the scope of medical research and applied discovery drives a much larger enterprise. The sprawling business that has evolved is hardly what was originally contemplated, and it presses the expertise of president and board alike to set goals and allocate resources. It s not as if the president of UVA woke up one day and said, Hey, I ve got a great idea, why don t we get into the health care business! jokes William B. Fryer 74, a trustee of the Law School Foundation as well as the College Foundation. No one would have done that. All institutions that are deep into the health care business struggle with it. Another feature of the 21st-century university that tests conventional management practice is the composition of its stakeholders. Renowned brands, like UVA, reinforce their leadership by engaging as many constituencies as possible. Faculty, students, staff, parents, alumni, patients, private industry, policy makers, legislators, news media these are just some of the groups that care about a place like UVA and have their own expectations of what it should be. Of course, they each see the role of the university differently, which puts the institution in the unusual position of wanting a large fan base with disparate interests. The great universities make it work, but they have had to adapt. One conspicuous change is the increase in administration. It s a fair complaint, but consider the growth in regulation by state and federal governments, whose involvement in university affairs requires more legal and compliance functions. Forty years ago people like me didn t exist, says Iuliano. Harvard had no need for a general counsel. Now, I have 13 lawyers working for me. Why? Because there are a whole set of regulations and legal obligations that we have to meet. Further, a university is inherently decentralized. The work of faculty often spreads into other fields but is not easily coordinated across the university. Joint scholarship and discovery can be slow coming to market or reaching a wider audience because departments naturally protect their own turf and want to reward their own. Concerns about hiring, promotion, and tenure tighten the knot. In an abstract sense the faculty wants interdisciplinary work, but they have to figure out who gets credit for these collaborations, says Cohen. For example, should a faculty member from one school co-teach in another school? If so, who pays, and how much? If students take courses in other schools, should their tuition be apportioned? That leads to thinking in silos, says Cohen. If people started internalizing the idea that to be a full citizen of the university you must branch out into other disciplines, and that was made part of the job description and the tenure standards, then faculty members would start caring more about it. These hurdles are not unique to UVA and its peers. It s a complicated set of issues, says Iuliano, but I m not prepared to despair that they aren t solvable. At the end of the day, individual faculty members will also recognize that their work will benefit if they can interact with people who have a different set of skills and perspectives. I think the responsibility of the university is in part to make that collaboration as easy as possible by gradually reducing the barriers. According to Cohen, faculty see their role broadly as research (creating knowledge), teaching (disseminating it), and service (interacting with university administration and the public at large). I think some of the controversies about higher education arise from differences on how to balance those three things, he says. Certainly the faculty believes strongly that those three things interrelate and feed on each other. I don t think that s always the perception outside academia. UVA LAWYER / SPRING

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29 to lose the opportunity at this particular juncture, which may be the best time to consider a major change, would be profoundly disappointing. William Fryer Finally, a university s product is not just unique in content, but also in kind. An economist might say higher education offers an associative good, where the value to the buyer is determined by consumer demand. The quality of the students we bring here is a big part of the product that we re selling, Cohen explains. The University is selling its students to each other in some sense, and part of the result of that is a constant desire to improve student quality in response to increase in demand. The challenge of university governance Just as major research universities bear little resemblance to ordinary businesses, the way their governing boards are put together and fit with the institution is different, too. Directors of for-profit companies focus primarily on earnings and shareholder value in judging management. Even most non-profit boards tend to identify discrete, measurable goals since their charitable purpose is clear and specific. As a result, in most cases the board and management see the same ends and the same way forward. Not so for the modern public research university. Jeffrey C. Walker (McIntire 77) chairs UVA s Council of Foundations, a panel of representatives from the boards of the University s schools and related foundations. He is also immersed in the University s strategic planning process. Walker s view is that traditional governance structures fail to recognize the number of stakeholders in a university s success, and lack the patience necessary for management to make changes that will take time to be accepted and demonstrate results. The Board of Visitors needs to be listening so people feel like they are part of the process, he says. No one has ultimate authority or power. If you think you do, you re wrong. Whether it s the administration, the deans, the faculty, the students, the alumni, the surrounding community, the legislature, the governor if any of those dominate, it s going to be a problem. There must be an atmosphere that brings together the best of everyone s ideas and then allows people like Terry Sullivan to lead us to the next hill. Parsky made the same observation about the University of California system. It was very hard for trustees, students, faculty, and the administration to have a real working relationship, he says. As the chair [of the Board of Regents], I took an incredible amount of time to meet with each of those groups at various campuses, but it takes that effort to have a link to them. Being an effective trustee is no longer as simple as showing up at meetings. Trustees may be smart and successful, but they must learn the daily work of the institution as well as the soft skills of a university fiduciary. Maybe the Board of Visitors should ask one of the former provosts, or a past rector like Gordon Rainey [ 67], to mentor new members, says Walker. They should go out and start meeting with different sets of deans or spend more time with other constituents. But that takes time, and it s not easy for somebody with their own full-time job. Instead, you have a board that handicaps itself. Process matters The events of last summer at UVA suggest that trustees may underestimate the demands of board service and the reach of their experience. Trust me, says Walker. There are a lot of people in the business world who come on these boards, whether it s a hospital or an arts institution or a university, thinking they ve been on many boards and can walk in and try to apply the corporate model they know. It doesn t work. Michael J. Horvitz 75, the former Chair of the Law School Foundation board of trustees, has found that lawyers and UVA LAWYER / SPRING

30 No one has ultimate authority or power. If you think you do, you re wrong. Jeffrey Walker consultants often make effective board members even though lawyers are somewhat out of favor on corporate boards. Both spend their entire professional lives persuading people to do the right thing because they cannot force anybody to do anything. Corporate executives often have a more difficult time for that very reason. They make decisions and give orders every day on their own authority. Building consensus takes longer, and may reveal weak support for an idea but that is the virtue of process in an academic community. Success is achieving objectives that are universally valued inside and outside the university. Anything less risks dividing the institution. I ve seen corporate executives become very good board members, but I ve also seen some drop off boards because they can t stand wasting all this time in meetings, says Horvitz. When you translate that, what they really mean is they don t want to have to talk to people and build consensus, they just want to figure out the right thing to do and then tell them to get it done. But that s just not the nature of board work. Finding the right person The path to membership on a university board rewards loyalty and affinity, but also philanthropic and political support. Depending on what mattered most, a new trustee could be an imperfect fit with the culture of the institution or the governing style of the board. Someone accustomed to uncontested leadership will soon recognize that at best they are first among equals. Altruism and humility do not solve every problem, but they do define boards that work well together. They should be collegial people who have the best interest of the institution at heart, says Horvitz. They should be people who are not looking for their own aggrandizement, or to order the president or dean around. They should be people who can work collaboratively. Iuliano agrees. In any sphere industry, higher education, other non-profits good governance requires a collaborative and interactive relationship between the board and the administration, and especially between the board and the president. That s not to say the fiduciaries and the administration serve the same function; they do not. Just as a disengaged board is dangerous, there are also consequences when a board, or some of its members, push too deeply into the roles and responsibilities of the administration. An advantage trustees typically have over administrators is their personal connection to elected officials. They are closer to the political process and know the minds of their lawmakers. Parsky believes these are assets that board members should use on behalf of the institution. One of the things I suggested was to get the regents more involved in Sacramento. It s not just the university administration that should be advocating for the university. It should also be the trustees. Their willingness to do that should be one of the conditions of appointment by the governor. In that connection, an unintended consequence of public governance is the chilling effect of open meeting laws. Designed to guard against irregularity and promote accountability, they have instead stifled frank discussion. In Virginia, no more than two members of a public board can talk about the business of the board without triggering sunshine laws. How can anybody have a free flow of ideas? asks Walker. Everything is being vetted in front of the press and they re hanging onto your every word and catching every mistake. It s actually debilitating to free speech. In Michigan and other states they can meet as long as they don t vote on and make decisions, so that the decision process is actually public but the consultation and the process can be in any form it wants. Boards are deliberative bodies, says Horvitz. They can t function in a fishbowl. The board should be able to unpack issues in a candid and confidential environment, while keeping public the actions they take and the rationale behind them. But the public doesn t need to know every single thing that somebody considered and decided not to do, cautions Horvitz. Their inability to have 28 UVA LAWYER / SPRING 2013

31 candid discussions about options hamstrings the board. It s easy to get off track. You need the group discussion to bring you back to reality. Moreover, a board should set priorities and guidelines for an institution and not try to manage how to implement them. That s the administration s job, says Horvitz. The rector doesn t have the right to be giving orders to the president. The job of a member of a governing board, particularly a chair of a governing board, is to build consensus to get disparate factors moving in the same direction. That requires a very different skill from being an effective corporate executive or an effective military general, where your job is to give orders and expect them to be followed. The Law School Foundation, for example, has an independent board that oversees the management of private gifts held exclusively for the Law School. The Foundation funds a material portion of the Law School s budget. In theory, the board could express disagreement with the dean by withholding money, but I ve never seen that happen, says Horvitz, who chaired the Foundation board from 2002 to I ve seen plenty of collaborative discussions about priorities between the dean and the Foundation trustees, but the culture of the Foundation really works hard to foster a strong relationship with the Law School. We view our mission as supporting the Law School and not trying to direct it or move it off course. The Defining Moment The UVA community learned last June that it was not immune to boardroom drama after the Rector and Vice Rector ed a stunning edict. On behalf of the Board of Visitors, it read, we are writing to tell you that the Board and President Teresa Sullivan today mutually agreed that she will step down as president of the University of Virginia effective August 15, What ensued was a backlash against poor governance. The BOV s action was seen as a breach of trust, at odds with faculty and student opinion and short on courtesy and due process. The BOV eventually reinstated Sullivan as president, a popular move that let the healing begin. It was, in Sullivan s words, a defining moment. Cohen, who had been installed as Chair of the UVA Faculty Senate only a few days earlier, was in San Diego for a wedding when he read the announcement. He immediately recognized there were serious corporate governance failings. Cohen also wanted, and expected, a fuller explanation from the BOV. My first reaction was that there must be some kind of scandal for the BOV to have acted so suddenly, but there wasn t, Cohen says. In terms of governance, it s just not good business practice to dismiss a university president without following a transparent process. From the start, the BOV was beset by questions of process and fairness and never spoke as one about why it demanded Sullivan s resignation. The Rector s refusal to elaborate, other than to claim philosophical differences and privileged personnel matters, only inflamed public suspicion. The Rector could have canvassed the Visitors positions in an executive session of the whole board. Instead, it appears she conducted a series of private conversations with individual BOV members. I think she made the wrong decision, Horvitz says. A lot of good comes from talking through these issues with the full board. When you are deprived of that, you get the kind of result that happened last year. Ten days after it started, the BOV voted unanimously to undo its action and re-unify the University. I think we all feel good about the fact that we rallied to her defense and got the president back, says Walker. A months-long investigation of the matter by the American Association of University Professors concluded in March that the breakdown in governance at the University of Virginia was only partly a result of structural failure; indeed, the board ignored its own recently adopted guidelines on presidential evaluation. In A lot of good comes from talking through these issues with the full board. When you are deprived of that, you get the kind of result that happened last year. Michael Horvitz UVA LAWYER / SPRING

32 much greater measure it was a failure by those charged with institutional oversight to understand the institution over which they presided and to engage with the administration and the faculty in an effort to be well informed. It was a failure of judgment and, alas, of common sense. For his part, Cohen emerged as a visible leader of an invigorated Faculty Senate. As a law professor, he concentrated on matters of governance to help resolve the crisis. Faculty groups around the country have consulted him to improve relations with their own governing boards. It s interesting how much this story has resonated with such a wide variety of people, he says. These are people who are very worried and would like the magic formula for how we did it, but there is no magic formula. We had a very lucky alignment of the planets, and it s not easily replicated. What now? To its credit, the BOV moved swiftly to address these questions after it reinstated Sullivan. It created a special committee on governance and engagement to recommend policies that would facilitate its interaction with the administration. The BOV also gave its imprimatur to a special committee on strategic planning to develop, with the administration, goals for the academic enterprise. Fryer notes that governance often entails making hard calls without the benefit of hindsight. What seems like a good decision may later prove unwise. He therefore cautions university leaders to think beyond the moment. First, you have to be careful and considerate and reflect on the long-term implications, not just the mood of the day, about what kind of governance structures to adopt. Second, you need to distinguish between individuals who may not be up to the task and a flaw in the structure itself. Individual failures can force changes in structure that may not be warranted. The UVA Council of Foundations has also created a committee to study governance at the University and make recommendations to the BOV. It is coordinating its efforts with the strategic planning working groups. A central theme is emerging. Governance follows rather than precedes, explains Fryer. If you re designing governance for an educational institution, you do so after you ve set your mission and general agenda and then structure yourself accordingly. The fact that the University is embarking on this at the insistence of the Board of Visitors, and with the cooperation and leadership of the president, means there should be a significant degree of patience to allow that process to play out. A Grand Bargain At the head of the strategic planning effort is President Sullivan. Her goal is to assess UVA s strengths and weaknesses, set priorities, and chart a bold, achievable course for the University s future [that will] re-examine and re-imagine the University as we approach its third century. She oversees working groups devoted to faculty retention and development, resources, student life and career services, technology, synergy, and the ideal of the public university. Sullivan has asked this last group to answer three primary questions. What does it mean to be a public university in the 21st century? To what extent can a public mission be pursued in the face of declining state support? How do we make a compelling case to the people and legislators of the Commonwealth that the worldclass excellence of UVA benefits them as well as the nation? Walker is encouraged. I was in the 2020 process [an earlier strategic planning effort begun in 1998] and this one is much more collaborative, less top down with more teams representing all the stakeholders radiating up from below, he says. To ensure there is no magic formula. We had a very lucky alignment of the planets, and it s not easily replicated. George Cohen 30 UVA LAWYER / SPRING 2013

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34 full involvement by the BOV, I suggested that the [BOV] Strategy Committee co-chairs, Frank [Atkinson 82] and Lin[wood Rose], participate more often in the administration-led joint stakeholder strategy committee meetings. I also hoped the rest of their board committee would also come so that when we present our strategy plan in August it will be a partnership-oriented document where everyone is already on board. Sullivan s report to the BOV in February reveals her ambitions for the University. We are not trying to move from mediocre to good, or from good to great. We are trying to move from great to greater. We have no peer institution to serve as a model for what we want to become, no single peer to which we full can involvement affix our aspirations, by the BOV, because I suggested our that the [BOV] Strategy Committee aspiration is co-chairs, to be something Frank [Atkinson unique 82] and Lin[wood Rose], participate and greater more than any often in our the peers. administration-led joint stakeholder strategy Our aspiration committee is to meetings. create a future I also hoped the rest of their board committee version of this would University also come that so is that better, when we present our strategy plan stronger, in August and more it will innovative be a partnership-oriented than document where everyone our current is already self. on board. The Sullivan s BOV s report Committee to the BOV on in February reveals her ambitions for Governance the University. has already We are implemented not trying to move from mediocre to good, some recommendations or from good to great. born We of are trying to move from great to Sullivan s greater. botched We have dismissal, no peer institution such to serve as a model for what as having we want faculty to become, on BOV committees no single peer as to non-voting, which we consulting can affix our members. aspirations, The because BOV is our also aspiration turning the is to mirror be something on itself, unique addressing and the greater duration than any of term of our limits, peers. teaching Our aspiration new members is to create to become a future meaningful version of this fiduciaries, University and that re-thinking is better, stronger, an appointments and more process innovative than lacks our continuity current from self. one board to the next. that But The Fryer BOV s thinks Committee these are on small Governance issues compared has already to implemented the one that some holds recommendations enormous political born of valence Sullivan s in Virginia: botched Should dismissal, the such University s as having faculty relationship BOV with committees the Commonwealth as non-voting, change consulting some members. significant The BOV degree? is also Some turning issues more the mirror autonomy itself, addressing for the University, the duration in-state/out-of-state of term limits, teaching ratios, new tuition are members to so become controversial meaningful that if fiduciaries, you merely and put re-thinking the words an out appointments there you create process a political that lacks firestorm, continuity and from that s one part board of the to the problem, next. says Fryer. An analogy But Fryer might thinks be to these Grand are small Bargain issues they compared keep trying to the to one get in Washington. that holds enormous You can t political get the little valence things Virginia: done because Should they re intractable, University s so relationship the only way with to the get Commonwealth the little things done change is to in have a Grand some significant Bargain. degree? Some issues more autonomy for the University, In California, in-state/out-of-state Parsky found that ratios, once tuition are such questions so controversial the that political if you arena, merely officials put the seeking words out headlines there you try to create highlight a move into things political that firestorm, distort the and picture. that s part They of the will problem, pick out the says fact Fryer. that An a chancellor analogy might might be make to the six Grand or seven Bargain hundred they keep thousand trying dollars to get and in say Washington. that s a reason You can t they get don t the need little any things more done money, because they they re earn too much, intractable, says so Parsky. the only What way they to get don t the appreciate little things is done that in is to order have to a maintain Grand Bargain. the quality of the public institution, you have to compete with In private California, institutions Parsky for found the that highest once quality such questions administrators move and into faculty. the political The administration arena, officials seeking of a public headlines university try to has highlight to be prepared things that for distort this. the picture. They will pick out the fact that a One question holds enormous political valence in Virginia: Should the University s relationship with the Commonwealth change in some significant degree? chancellor Anticipating might those make challenges six or seven and hundred knowing thousand that many dollars of and California s say that s a reason legislators they graduated don t need from any more the UC money, system they or had earn too children much, says in it, Parsky. What always they started don t with appreciate the proposition, is that in Do order you to want maintain to maintain the quality the of quality the public of this institution, institution? you The have answer to compete is always with private yes, he institutions says. Then for you the have highest to walk quality them administrators through what that takes and faculty. and be The able administration to demonstrate of that a public you are university carefully has controlling to be administrative prepared for this. costs, and then defang the politician by saying here s what Anticipating the costs of those administration challenges were and knowing ten years that ago, many and here s of what California s they are legislators today and graduated we re educating from the UC more system students. or had children Parsky in also it, Parsky found always that a strong started advocacy with the proposition, program that Do you want to maintain the quality challenges of this institution? politicians The who answer want to is cut always yes, he says. Then you state have support to walk for them through university what can that takes and be able to demonstrate put those that legislators you are carefully on the controlling wrong side administrative costs, and then of defang the issue. the You ve politician got by to saying handle here s it what the costs of administration delicately, were ten but years if you ago, can and show here s that the what they are today and we re university educating wants more to keep students. education Parsky also found that a affordable strong advocacy for students, program and that reducing challenges politicians who want state to cut funding state support will force an the increase university in can put those legislators on the tuition, wrong you ll side be of positioned the issue. You ve on the got to handle it delicately, but right if you side. can show that the university wants to keep education affordable Fryer for acknowledges students, and that reducing there are state funding will force an increase those in tuition, who just you ll want be to positioned smooth over on the right side. the obvious edges in the governance Fryer acknowledges that structure there are and those then who declare just want victory. But smooth there over are others obvious who want edges to in wait the governance for the strategic structure planning and effort then declare to play victory. out and But then there work are on others governance. who want I m to more wait for in that the latter strategic camp planning because effort I hope to that play the out strategy and then process work on lives governance. up to its objectives I m more and in that latter it sets camp the course because for I hope the University that the strategy in a positive, material process lives way. up I think to its the objectives danger and here that is that it sets you the end course up with for a the small University ball in outcome a positive, that material won t serve way. the I think University the danger well. There is are understandable that you end up concerns with a small about ball controversy outcome that and won t political serve management, University but to well. lose There the opportunity are understandable at this particular concerns juncture, about con- the which troversy may and be political the best management, time to consider but a to major lose the change, opportunity would be at profoundly this particular disappointing. juncture, which may be the best time to consider a major Few change, observers would think be that profoundly UVA s prevailing disappointing. reputation a major university Few observers famed for think delivering that UVA s an intimate prevailing and reputation a powerful student major experience will university famed for change. delivering But the an opportunity intimate and is powerful there for student Virginia to experience will lead a broader national change. But effort the that opportunity re-defines is there nature for Virginia of a great to lead public a broader university. national Jefferson effort that established re-defines the the University nature of for a that great very public reason university. under similar Jefferson circumstances. established the A University combination for of imagination that very reason and under courage similar could circumstances. re-launch UVA A on combination the eve of its of bicentennial imagination and in courage could re-launch UVA on the eve of its bicentennial The alumni in would financially embrace innovative thinking, says The Fryer. alumni This is would the time financially to do it. embrace He is encouraged innovative by thinking, the concerted says Fryer. effort This on is the Grounds time to to do meet it. He this is challenge, encouraged and by hopes the it ends concerted in success. effort I ve on Grounds been in touch meet with this several challenge, of the and leaders hopes of it these ends in groups success. and, I ve believe been me, in touch they re with up to several the task, of the says leaders Fryer. of They re these groups not and, going believe to shirk me, from they re big thinking. up to the The task, question says Fryer. is, are they They re going not to going be allowed to shirk to tackle from big the thinking. really big The issues? question is, are they going to be allowed to tackle the really big issues? 32 UVA LAWYER / SPRING 2013

35 FACULTY NEWS & BRIEFS Daniel J. Meador, Daniel J. Meador, a renowned University of Virginia law professor known for his work in establishing a new federal appeals courts, died February 9, at age 86 after a short illness. Meador was known for his work in teaching and for the government, having attained degrees from Auburn, the University of Alabama, and Harvard. He was also known for continuing his work, almost uninterrupted, after he became blind in the late 1970s due to detached retinas. That would have defeated many, many people. It was almost like he didn t miss a beat, said F.D.G. Ribble Professor Emeritus Stanley D. Henderson. It was really marvelous to observe. Henderson taught contracts to first-year law students, while Meador taught them civil procedure. He called Meador a splendid man, elegant in style and approach, and praised his sense of humor and his teaching. He never took himself too seriously, Henderson said. He was never grim about things. He was a thoughtful and careful person about what he said and what he did. Meador was born December 7, 1926, is Selma, Ala., and colleagues recalled he carried a Southern accent with him. He served in the U.S. Army during the Korean War, spending time in the artillery and in the Judge Advocate General s Corps. He clerked for Justice Hugo L. Black of the Supreme Court of the United States. After spending time in private practice in Alabama, he came to Virginia in He was a Fulbright lecturer in England in 1965, and in 1966 he became the dean of the University of Alabama School of Law. In 1970 he returned to the Law School, where he remained until he retired in He also was founding director of the school s graduate program for judges. He received the Raven Award and the Thomas Jefferson Award, along with numerous other professional recognitions. Dan Meador lived an extraordinarily full life as a teacher, scholar, dean, public servant, legal reformer, and novelist, wrote Dean Paul G. Mahoney in an . He inspired generations of students and even in retirement his intellectual energy and commitment to improving the administration of justice did not fade. From 1977 to 1979, Meador was an assistant attorney general for the U.S. Department of Justice, where he organized the new Office for Improvements in the Administration of Justice, which developed solutions for problems in federal and state courts. Among the office s accomplishments was a proposal, which Congress adopted, that joined the U.S. Court of Claims and the U.S. Court of Customs and Patent Appeals, creating the U.S. Court of Appeals for the Federal Circuit. At the same time, Richard A. Merrill, another Law School colleague of Meador s, was also working for the government in Washington. Both of us regard those periods [of] legal service to the public as the most important work we did, Merrill said. Merrill also said Meador had a charming sense of humor. In 1983 Meador spent three months in East Germany, studying the Eastern Bloc country s legal system. He served on a number of boards, and was active well after his retirement from teaching. He served on the board of the Charlottesville unit of Recording for the Blind and Dyslexic, and was an elder at First Presbyterian Church of Charlottesville. He is survived by his wife, Alice P. Meador of Charlottesville, three children, Barrie Meador Boyd, Anna Meador Palms, and Daniel J. Meador Jr. 92, seven grandchildren, and a brother. His former wife Jan died in They had been married 52 years. courtesy of The Daily Progress UVA LAWYER / SPRING

36 FACULTY NEWS AND BRIEFS Jeffrey O Connell, Jeffrey O Connell, a pioneer of insurance law reform and a member of the University of Virginia School of Law s faculty for 32 years, died January 6, at the age of 84. By seeing the connection between tort law and insurance law, Jeff O Connell transformed both and influenced scholars, judges, and legislators, said Dean Paul G. Mahoney. He was also a beloved teacher and mentor to generations of Virginia students. We will all miss his intellect, wit, and charm. In 1965 O Connell and Harvard Law School professor Robert Keeton co-authored the landmark book, Basic Protection for the Traffic Victim: A Blueprint for Reforming Automobile Insurance, which envisioned a more efficient system for handling claims that was dubbed no-fault insurance. O Connell and Keeton who went on to become a federal judge and died in 2007 lobbied across the country for nofault insurance laws. At least a dozen states implemented no-fault laws, while several others enacted variations. O Connell also traveled around the globe to push for the idea, helping to launch the concept in Israel, Australia, and New Zealand. Later O Connell fought for decades for similar laws to apply to medical malpractice cases. Most recently, he helped draft the nation s first early offer system for medical malpractice claims, which became law in New Hampshire in The law established incentives for defendants to make offers early in the litigation process to cover plaintiff s economic losses, such as for lost wages and medical bills. Guido Calabresi, a senior judge on the U.S. Court of Appeals for the 2nd Circuit and preeminent tort scholar, said he thought the world of O Connell. O Connell, who graduated from Harvard Law, joined UVA Law in 1980 and taught insurance and torts until his retirement. At the Law School, he was the Samuel H. McCoy II Professor of Law Emeritus. Prior to joining UVA s faculty, O Connell taught at the University of Illinois for 16 years and was a trial lawyer in Boston with the firm of Hale & Dorr. He also taught at the University of Iowa and was a visiting professor at Northwestern University, the University of Michigan, Southern Methodist University, the University of Texas at Austin, the University of Washington, and Oxford and Cambridge universities in England. In recent years O Connell helped design an early offers plan in which businesses facing personal injury lawsuits could promptly pay injured parties for out-of-pocket medical expenses and lost wages. Since 1966 O Connell wrote or co-wrote 12 books dealing with accident law, published dozens of articles on tort and insurance law, and lectured across the United States and around the world. He never stopped pushing for reform, despite opposition from many quarters. O Connell is survived by his daughter Mara O Connell, son Devin O Connell, sister Jesslyn McNamara, and brother Thomas E. O Connell. O Connell coauthored many publications with his brother, who also worked in higher education. by Brian McNeill 34 UVA LAWYER / SPRING 2013

37 FACULTY NEWS AND BRIEFS KENNETH ABRAHAM has published Four Conceptions of Insurance in the University of Pennsylvania Law Review, and Liability for Bad Faith and the Principle without a Name (Yet) in the Connecticut Insurance Law Journal. In February Abraham delivered a tribute to Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit, entitled Pushing the Quest Further, at a program at New York University Law School. The school is dedicating an issue of the Annual Survey of American Law to Judge Calabresi. Last fall CHARLES BARZUN published three articles: Impeaching Precedent in the University of Chicago Law Review; The Forgotten Foundations of Hart & Sacks in this spring s Virginia Law Review; and Legal Rights and the Limits of Conceptual Analysis: A Case Study in Ratio Juris. Last fall the Law School s child advocacy clinic directed by ANDREW BLOCK released a report on religious exemptions from school attendance in Virginia. The report generated substantial media coverage (including favorable editorial coverage) and discussion. Students are working on a similar report, which will also involve distribution of surveys, on the practice of in-court shackling of juvenile defendants in Virginia. In November MARGO BAGLEY presented The International Patent System at the State Intellectual Property Office of China Intensive Training Program at Cardozo Law School, Yeshiva University in New York. In February she presented The Who, What, When, Where, Why & How of Patent Subject Matter Eligibility Disputes at the Manzo Scholarly Symposium at DePaul University School of Law. In March she was speaker and moderator on Agricultural Innovation in Africa, ing Innovation Through Technology Transfer, and IP and Development in Africa at a U.S. Department of Commerce CLDP/Africa IP Group Workshop on IP Utilization and Protection in Africa, Dar es Salaam, Tanzania. She Facilitat- was also a panelist on Patents ts and the Supreme Court, at the Georgetown University Law Center Conference: The In January RICHARD BONNIE 69 testified during the opening session of the Sandy Hook Advisory Commission appointed by Connecticut Governor Daniel P. Malloy in the wake of the tragedy in Newtown on December 1. He reflected, at the governor s request, on Virginia s response to the Virginia Tech shooting in April Bonnie helped to guide Virginia s mental health and campus security policies as chair of the Commonwealth s Commission on Mental Health Law Reform and as advisor to the Virginia Tech Review Panel. The Sandy Hook Commission also heard from former Governor Bill Ritter of Colorado who served on the Columbine investigative panel in The next day Bonnie participated in a roundtable conversation in Richmond at the invitation of Vice President Joe Biden to discuss the lessons learned from the Virginia Tech experience to get feedback on the White House s recently announced plan for reducing gun violence. Also participating in the 20-person roundtable were Virginia Senator Tim Kaine, Changing Patent Landscape in Washington, D.C. In April she presented The Wheat and the (GMO) Tares: Lessons for Plant Patent Litigation from the Parables of Christ at the University of St. Thomas Symposium on Intellectual Property and Religious Thought; and Patent Subject Matter Eligibility at the University of Minnesota School of Law Patent Conference in Minneapolis. Bagley published with Ruth L. Okediji & Jay A. Erstling, International Patent Law and Policy (West Publishing). In June she published Pharmaceutical Data Exclusivity Protection, a book chapter in Josef Drexl and Nari Lee eds., Pharmaceutical Innovation, Competition and Patent Law: a Trilateral Perspective (Edward Elgar Publishing). UVA LAWYER / SPRING

38 FACULTY NEWS AND BRIEFS Richmond Congressman Bobby Scott, Homeland Security Secretary Janet Napolitano 83, and Health and Human Services Secretary Kathleen Sibelius. In March Bonnie also made presentations on mental health and firearm policy at the Bloomberg School of Public Health at Johns Hopkins University and on advance directives in health care at the UVA Health Policy Center. In April he presented the keynote address at a conference on Criminalization of Mental Illness at the University of Southern California Law School, as well as made a presentation on mandatory outpatient treatment (jointly with Professor John Monahan) to the Sandy Hook Advisory Commission. In May he presented on the lessons of current transformation of U.S. tobacco policy for recent state proposals to legalize marijuana at a workshop for state lawmakers sponsored by Families in Action in Atlanta; and on driving safety and neuropsychiatric disorders at the American Psychiatric Association Annual Meeting in San Francisco. Also in May Bonnie agreed to chair a new study for the National Academy of Sciences on improving the health, safety, and wellbeing of young adults. This project, which began its work with a scientific workshop in Washington, D.C., is intended to take a comprehensive look at what is known about the neurobiological, psychological, and social development of young adults and about the social, cultural, and economic landscape in which transitions to adulthood are now occurring. In what is expected to be a two-year study, the committee will identify research needs as well as policy implications of its findings. In February DARRYL BROWN 90 presented a paper, The Ambiguity of Efficiency in Adjudication, to the faculty in a workshop at Fordham Law School. In March he served as a commentator and panelist at the Criminal Justice Scholars Forum at University of Florida Law School. In April he presented a paper, Democracy and Markets in Criminal Adjudication, at the New York University Criminal Law Colloquium, and then on a panel at the Law and Society Association annual meeting in May. Brown is working with Brandon Garrett to organize and co-host a criminal justice scholars working papers conference at the Law School in June where they will both, among others, present works in progress. In August JON CANNON was reappointed to the National Academy of Sciences Board of Environmental Studies and Toxicology, and in October he was elected to the Board of Regents of the American College of Environmental Lawyers. In April Cannon gave a presentation on Religion and Environmental Law at the Stegner Center s 18th Annual Symposium in Salt Lake City. He continues work on a book on environmentalism and the Supreme Court, which he hopes to finish in draft by the end of this year. Cannon served as co-chair of a recent conference at the Law School, Making Conservation Sustainable: Institutional Design and the Natural Environment. Co-sponsored by the National Fish and Wildlife Foundation and Vanderbilt Law School, the conference focused on a critical question emerging in the conservation field designing institutional arrangements that will protect conservation gains when governmental or private philanthropic interventions come to an end. Conference co-chairs will prepare a white paper to guide future interdisciplinary research on aspects of this question. In October GEORGE COHEN spoke on the University governance crisis to the American Association of University Professors Annual Conference on Faculty Governance and to the University of Michigan Faculty Senate, and in January to the Maricopa County Community College District Faculty Association and to the National Association of Student Professional Administrators Alabama. In February he delivered an ethics presentation, Beyond the No-Contact Rule: Ex Parte Contacts by Lawyers with Non- Clients for the J. Reuben Clark Society Annual Conference at Georgetown Law School, and the same paper in March for the Admiralty Law Institute at Tulane Law School. A paper based on the presentation will be published in the Tulane Law Review. In April 5 Cohen presented a paper at a symposium on Transactional Lawyering: Theory, Practice, and Pedagogy. The topic will be The State of Lawyer Knowledge under the Model Rules. 36 UVA LAWYER / SPRING 2013

39 FACULTY NEWS AND BRIEFS In March of 2012 KIM FORDE-MAZRUI debated former University of California Regent Ward Connerly on Fisher v. University of Texas and the Future of Affirmative Action. The event was cosponsored by the Federalist Society and the Center for the Study of Race and Law. In April 2012 Forde-Mazrui delivered a speech entitled Accessibility as a Civil Right at a conference sponsored by the University of Virginia s Office for Equal Opportunity Programs at Newcomb Hall. In May 2012 Forde-Mazrui delivered a speech on the constitutional history of affirmative action at the law firm of Fried, Frank, Harris, Shriver & Jacobson in Washington, D.C. In the fall Forde-Mazrui wrote two media posts for the Law School website, one on the pending Supreme Court case on affirmative action, UVA Law Professors Preview Supreme Court Case Involving Affirmative Action in College Admissions; and the other on the pending Supreme Court case on same-sex marriage, How Will the Supreme Court Rule on Same-Sex Marriage? In January he presented a paper at a conference at the University of Pennsylvania Law School, entitled Must Government Ignore Racial Inequality. He also presented the paper in April at Wake Forest University School of Law and to UVA s Working Group on Racial Inequality. In March Forde-Mazrui was honored as this year s winner of the University of Virginia s John T. Casteen III Diversity- Equity-Inclusion Leadership Award. As described by the Office of the Vice President and Chief Officer for Diversity and Equity, [t]he award honors a member of the University community who best demonstrates a dedication to leadership and the ability to create a setting in which the promotion of diversity, equity, and inclusion is paramount. This spring KEVIN COPE presented his research at the American Society of Comparative Law Younger Comparativists Committee Conference at Indiana University s Robert H. McKinney School of Law, and at Washington University School of Law s Annual Workshop on International and Comparative Law. His article, The Intermestic Constitution: Lessons From the World s Newest Nation, will be published this spring in the Virginia Journal of International Law. In April Cope served on the Federalism, Foreign Affairs, and Foreign Judgments panel at the Law School s Sokol Colloquium on Private International Law, which dealt with foreign court judgments and the U.S. legal system. As part of the colloquium, Cope is investigating empirically the relationship between a forum s substantive law and plaintiffs success in securing foreign judgment recognition. This summer Cope will serve as a visiting associate professor of law at Georgetown University Law Center, where he will teach International Law I. In February ANNE COUGHLIN was co-organizer of a conference on Women in Combat: The Path Towards Integration held in Washington, D.C. The conference grew directly out of the Molly Pitcher Project, which she started with Law School students in In April Coughlin participated in a panel on the combat exclusion policy. This panel is part of a Women s Summit, which will take place at West Point. She was also invited to participate in a law and language workshop at Johns Hopkins University. Coughlin published an article, The Accidental Feminist, as part of a volume to honor the late Bill Stuntz 84, The Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz (Michael Klarman et al. eds., Cambridge University Press, 2012). In March ASHLEY DEEKS article, Consent to the Use of Force and International Law Supremacy appeared in the Harvard International Law Journal. UVA LAWYER / SPRING

40 FACULTY NEWS AND BRIEFS In December BRANDON GARRETT wrote a piece about recent prosecutions of major financial institutions, A Christmas Carol for Bankers, in the Huffington Post. In February he gave a talk on eyewitness misidentifications to the Virginia Association of Chiefs of Police at their annual conference in Staunton. This spring Foundation Press is publishing Garrett s casebook, Federal Habeas Corpus: Executive Detention and Post-conviction Litigation, co-authored with Lee Kovarsky; and Notre Dame Law Review published his article Aggregation and Constitutional Rights, exploring the relationship between class action procedures and constitutional rights. Cornell Law Review published his article Habeas Corpus and Due Process in late 2012 and this year hosted a discussion of the article to which he wrote a reply to two responses also published in the review, Habeas Corpus Standing Alone: A Reply to Lee B. Kovarsky and Stephen I. Vladeck. Garrett published Roots of Wrongful Convictions, a commentary on a piece by Peter Neufeld and Sarah A. Crowley in Comparative Decision Making, (Philip H. Crowley & Thomas R. Zentall, eds., Oxford U. Press 2013). He also published a symposium piece this spring as part of an issue celebrating the 50th anniversary of Gideon v. Wainwright, Validating the Right to Counsel in the Washington & Lee Law Review. Court Review also published a short article, Judges and Wrongful Convictions, discussing his research on the role of judges in preventing wrongful convictions. Garrett co-authored an amicus brief on behalf of 14 forensic science scholars, with Erin Murphy, in the case of Maryland v. King currently before the U.S. Supreme Court, regarding the constitutionality of arrestee DNA sampling. In February Erin Murphy and Garrett wrote an op-ed in Slate titled Too Much Information, that discussed their views on the case. He wrote a short response to a piece examining the role of confirmation bias in criminal justice, Blinded Criminal Justice, in the Journal of Applied Research in Memory and Cognition, on The Forensic Confirmation Bias, by Saul Kassin, Itiel Dror, and Jeff Kukucka. In April he helped organize the Virginia Journal of Criminal Law annual symposium which explored eyewitness identification procedures in Virginia, and featured panels of psychologists, police chiefs, prosecutors, and policymakers. Garrett discussed preliminary results of a survey of eyewitness identification procedures in Virginia. He also presented a draft book chapter, Images of Injustice (a chapter in Punishment and Popular Culture, forthcoming 2014, NYU Press), at a conference organized at Amherst College. Garrett also gave a talk at Charlottesville s Tom Tom Festival on innocence and innovation in the criminal justice system. In June, Darryl Brown and Garrett are organizing a criminal justice roundtable conference of scholars from nearby law schools. Garrett will present chapters from his forthcoming book exploring how corporations are prosecuted, titled Too Big to Jail. GEORGE GEIS recently completed three writing projects. His article, Broadcast Contracting, appeared in the Northwestern University Law Review; an essay entitled Gift Promises and the Edge of Contract Law will be published in the Illinois Law Review later this year; and his book chapter, The Economics of Contract Law: A Business Outsourcing Application will appear in Law and Economics, published in India by Sage Publications. In April Geis participated in a corporate law conference organized by the Center for Law, Economics and Finance at George Washington Law School. He also gave a workshop at the University of Texas School of Law on an article draft relating to shareholder litigation. Geis has also agreed to contribute a chapter to an upcoming book project entitled The Research Handbook on Shareholder Power. 38 UVA LAWYER / SPRING 2013

41 FACULTY NEWS AND BRIEFS In October MICHAEL GILBERT prepared Interpreting Initiatives (forthcoming in the Minnesota Law Review) for a symposium entitled A More Perfect Union? Democracy in the Age of Ballot Initiatives at the University of Minnesota. In December Gilbert presented Judicial Independence and Social Welfare (forthcoming in the Michigan Law Review) at the Law and Economics workshop at Tel Aviv University School of Law and again in April to the Georgetown Law Center. In May he is presenting Campaign Finance Disclosure and the Information Tradeoff (forthcoming in the Iowa Law Review) at the annual meetings of the American Law & Economics Association. Gilbert already presented it in October at the Midwest Law & Economics Association annual meeting at Washington University and at the Law School. Gilbert is also working on two projects of note. Both challenge conventional wisdom in election law. The first argues that campaign finance disclosure can actually increase corruption. The second argues that imposing voter identification requirements can actually exacerbate the risk of voter fraud. In March RISA GOLUBOFF was the guest speaker for the Society of Fellows on People Out of Place: The Sixties, the Supreme Court, and Vagrancy Laws and presented the same subject at the Library of Congress in April. In May Goluboff is serving on a Library of Congress Law Day panel entitled Realizing the Dream: Equality for All. In June she will publish a review essay of Kenneth W. Mack, Representing the Race: The Creation of the Civil Rights Lawyer, entitled, Lawyers, Law, and the New Civil Rights History, in volume 126 of the Harvard Law Review. In January ALEX JOHNSON, director of the Center for the Study of Race and Law, coordinated and hosted the Law School s Third Annual Martin Luther King, Jr. Lecture. Mary Bauer 90, the legal director of the Southern Poverty Law Center, presented the lecture titled, Bending Toward Justice: The Struggle for Civil Rights Today. In March Johnson moderated a panel at the Sports and Entertainment Law Symposium on Vice and Morality in Sports. Johnson also welcomed and introduced Michael C. Dawson, the John MacArthur Professor of Political Science at the University of Chicago, who served as the keynote speaker for the multidisciplinary symposium co-sponsored by the Center for the Study of Race and Law, Does Reparations Have a Future? Rethinking Racial Justice in a Color-Blind Era, held at the Law School and on Grounds. A. E. DICK HOWARD spoke on From the Revolution to the Constitution at the American Revolution Center in Philadelphia. His remarks offered perspective on the center s plans to construct a Museum of the American Revolution near Independence Hall in Philadelphia. In Richmond Howard gave a lecture, The Changing Face of the Supreme Court, at the Woman s Club. He focused on how the Court, its personalities, and the way it does its business have evolved from the era of Earl Warren to that of John Roberts. Howard spoke on Challenges to Democracy in the 21st Century to a delegation of visitors from a score of foreign countries sponsored by the United States Department of State. The visit to Charlottesville was hosted by the Presidential Precinct, a partnership consisting of the University of Virginia, the College of William and Mary, Monticello, and James Madison s Montpelier. Howard filed an amicus brief in a church-and-state case pending in the Supreme Court of Virginia. His brief argued that a Virginia statute allowing property to be held in trust for congregations should be interpreted to allow such trusts for hierarchical churches. If the statute is not read that way, he maintained that it would violate the religion clauses of both the United States and Virginia constitutions. In the Virginia Law Review online edition, Howard wrote, Out of Infancy: The Roberts Court at Seven. In this article, he explored highlights of the Court s Term, with particular attention to the role played by Chief Justice Roberts in the Court s healthcare decision. This article is a sequel to Howard s piece, Now We Are Six, in which he considered the Roberts Court at the conclusion of the Term. The Virginia Holocaust Museum in Richmond recently announced that Howard was inaugurated onto its board of trustees. UVA LAWYER / SPRING

42 FACULTY NEWS AND BRIEFS In 2012 JASON JOHNSTON was editor and contributor to Institutions and Incentives in Regulatory Science (Lexington Press: 2012); Disasters and Decentralization in Geneva Papers Risk & Insur-ance; Fire Suppression Policy, Weather, and Western Wildland Fire Trends: An Empirical Analysis; and with Jonathan Klick in Wildfire Policy: Law and Economic Perspectives (Karen Bradshaw and Dean Lueck, eds). Johnson was also a participant in the Liberty Fund Conference on Behavioral Law and Economics; presented Regulation with Interested Experts at the ISNIE Annual Meeting at the University of Southern California Law Center; and presented Competition and Regulation in the New World of Commoditized and Unbundled Legal Products at the George Mason University Law and Economics Center conference, Unlocking the Law: Honoring the Legacy of Larry Ribstein; and was a Lone Mountain Fellow at the Property and Environment Research Center. In May he presented at the American Law and Economics Association annual meeting Regulation with Interested Experts. In June Johnson was a visiting fellow at the Eramus/ Maastricht Law and Economics Program; and presented to the International Society for New Institutional Economics From Nudges to Mandates : The Political Economics of Dodd- Frank Mortgage Regulation; and to the joint meeting of the Geneva Association for Risk and Insurance and European Law and Economics Association, Precautions versus Compensation for Natural Disasters in a Federation: a Club Goods Model. In December DOUGLAS LAYCOCK participated in an invitation-only conference on Affirmative Action after Fisher v. University of Texas at the Mellon Foundation in New York. In January he commented on the remedies chapters of Melvin Eisenberg s forthcoming book, Foundational Principles of Contract Law, at a conference During the fall semester DAVID MARTIN co-taught a webinar on prosecutorial discretion in immigration and USCIS s Deferred Action for Childhood Arrivals Program. He also advised the Miller Center in selecting and inviting speakers for its 2012 Mortimer Caplin Conference on the World Economy, which this year addressed High-Skilled Immigration: Politics, Economics, and Law. He then took part in the general discussions at the conference, held December 7 at the Miller Center s facility in Washington, D.C. In January Martin participated as a panelist on the topic of Separation of Powers and Federalism in the Immigration Context at a conference on Migration, Governance, and Citizenship at Duke Law School. The conference was hosted by the Duke Journal of Constitutional Law and Public Policy, Duke s Kenan Institute for Ethics, and its Program in Public Law. Martin also served as discussant with principal presenter Marc Rosenblum of the Congressional Research Service, in a Miller Center colloquium on Immigration Policy and Border Security in the 113th Congress. In February Martin and Laura Lichter, president of the American Immigration Lawyers Association, took part in a program and discussion at the Law School, moderated by Kerry Abrams, on Comprehensive Immigration Reform in 2013? This session was part of a week-long symposium on Theory and Practice sponsored by the Virginia Journal of Social Policy and Law, and this particular panel was co-sponsored by the school s Immigration Law Program. Martin also chaired a session at an Immigration Law Program hosted by Lori Scialabba, deputy director of U.S. Citizenship and Immigration Services, Department of Homeland Security. In the session chaired by Martin, she spoke on Implementing DACA: The Immigration Deferred Action for Childhood Arrivals Program in Caplin Pavilion. In March Martin participated in a multidisciplinary conference at Arizona State University in Phoenix, titled Barack Obama and American Democracy IV. He gave an address on President Obama s role in laying the groundwork for possible comprehensive immigration reform legislation this year, as part of a panel on Obama and the Borderlands. Martin also participated in a Boston College symposium called Migration: Past, Present and Future, a central event in the college s sesquicentennial celebration. He participated in the final panel of the conference, a discussion of The Future of Migration Policy in the U.S., moderated by Ray Suarez of the PBS Newshour. 40 UVA LAWYER / SPRING 2013

43 FACULTY NEWS AND BRIEFS on the book at the University of California-Berkeley, and gave the keynote address at the launch of the Stanford Religious Liberty Clinic. He reports that they love Liz Magill 95 at Stanford. Laycock spoke on Hosanna-Tabor and the Ministerial Exception at the New York City Labor and Employment Relations Association. In February Laycock filed an amicus brief for the American Jewish Committee in the Supreme Court s same-sex marriage cases, urging the Court to protect marriage equality and religious liberty, and explaining how it could be done. He recently published The Bishops and Religious Liberty in Commonweal, and What Is the Future of Religious Freedom in the United States in Moment. In an address to the Texas Law Review Association s annual banquet last June where he reminisced about his work on the 7th Circuit, retired Associate Justice John Paul Stevens recalled how Doug did work with me on two of my opinions that year. It was the quality of that help a good many years ago rather than the fact that the brief he filed in the case challenging the constitutionality of school-sponsored prayer at Texas high school football games and an amicus brief he filed in the case challenging the display of the Ten Commandments on the grounds of the Texas State Capitol, happened to support the views I expressed in my opinions in those cases that accounts for his inclusion as one of my favorite Texas lawyers. GREGORY MITCHELL is publishing, with Philip E. Tetlock, a chapter on Implicit Attitude Measures in the book, Emerging Trends in the Social and Behavioral Sciences. This chapter traces the development of instruments to assess prejudice and other attitudes using self-report-based surveys and unobtrusive measures that seek to overcome problems of introspection and social desirability biases. Mitchell is participating this spring in a conference on Behavioral Law and Economics at the University of Notre Dame School of Law and this summer in a conference on Corporate Ethics and Compliance at the University of Houston Law Center. JOHN NORTON MOORE announced that the proceedings volume from the 2012 Sokol Colloquium has just gone to press under the title Foreign Affairs Litigation in United States Courts and will appear this summer. Under preparation is The Regulation of Continental Shelf Development: Rethinking International Standards (Martinus Nijhoff Publishers). It is co-edited by Moore, Myron Nordquist, Aldo Chircop, and Ronán Long. The volume contains the papers from the 36th annual conference sponsored by the Center for Oceans Law and Policy, which Moore directs. The volume will include a paper by Moore, Comments on the Unfinished Business of UNCLOS III. In January Moore spoke at the Association of American Law Schools 2013 annual meeting on a panel Thirty Years of the United Nations Convention on the Law of the Sea (papers to be published in a special issue of the Ocean and Coastal Law Journal) and he was a speaker on a panel The Concept of Peace in Law, Culture and Society at the Crosscutting Program (selected after a competitive process by the AALS Committee on Special Programs). This summer the Center for National Security Law, which Moore also directs, will host its 21st National Security Law Institute. Moore will teach classes at the institute: Understanding War, Institutional Modes of Conflict Management, and the Use of Force in International Relations. In January JOHN MONAHAN was quoted in The New York Times in an article analyzing the effect of mental health laws to curb violence. He published Legal Process and Social Science: United States in The International Encyclopedia of Social and Behavioral Sciences, 2nd Ed.(R. Greenspan and K. Levine, eds., Oxford: Elsevier); Social Science in Law: Continuity and Change in Oxford Handbook of Psychology and Law (with Larry Walker in Melton, G. B., & Ogloff, J. R. P., eds.); and in Psychiatric Services Violent Behavior in Swedish General Psychiatric Patients: A Prospective Clinical Study (with Sturup, J., Kristiansson, M., and J. Gender). In March Monahan presented at the Colloquium on Law, Neuroscience, and Criminal Justice, at the Stanford Law School, sponsored by the Federal Judicial Center and the MacArthur Foundation; and he gave the keynote address to the Campus Safety and Violence Prevention Forum, in Roanoke. In April and May he was visiting scholar at the American Academy in Rome. In June Monahan is giving a keynote address to the state mental health program directors at their annual meeting in Bethesda. In August he is giving a paper to the National Association of Sentencing Commissions at a meeting at the University of Minnesota School of Law. UVA LAWYER / SPRING

44 FACULTY NEWS AND BRIEFS Last fall TOM NACHBAR deployed in his capacity as a U.S. Army Reserve Judge Advocate to Jerusalem and the West Bank as the legal advisor and security justice program manager for the United States Security Coordinator for Israel and the Palestinian Authority. In his role there, he advised members of the Palestinian security justice sector in the development of their security courts system and provided briefings on rule of law and international law to the Palestinian Authority Minister of Interior and the commanders of the various Palestinian Authority Security Forces. Returning to the United States, he presented a draft paper on capacity building of foreign nations legal institutions at a conference sponsored by the United States Institute of Peace and the Department of Defense and a draft of a forthcoming paper on the relationship between antitrust law and constitutional law at the 13th Annual Loyola Antitrust Colloquium in Chicago. ROBERT O NEIL is soon publishing two articles, one in the Albany Law Review (where he also spoke on a panel at the Albany Law School) and the other in the University of Washington Law Review. The Association of Governing Board of Colleges and Universities (which he currently serves as a senior fellow) just published his book, Updating Board Bylaws. At the same time, O Neil collaborated with two other university attorneys in a webinar co-sponsored by AGB and the National Association of College & University Attorneys. Recognizing the 50th anniversary of both Supreme Court cases, he has agreed to serve on a panel on the right-to-counsel case of Gideon v. Wainwright (sponsored by the American Constitution Society) and to speak later in the spring on the 50th anniversary of the school prayer and Bible cases (Abdington Township v. Schempp) both in Finally, AGB will shortly publish in its Trusteeship magazine his article on updating board bylaws, which builds on his book of the same name. In December MARGARET FOSTER RILEY published, with Lois Shepherd, In Plain Sight: A Solution to a Fundamental Challenge in Human Research in the Journal of Law Medicine and Ethics and presented Rights, Regulatory Systems and Regulation in Research Animal Welfare: What s Current, New and Changing at a conference of the Scientists Center for Animal Welfare in San Antonio, Texas. In March she was appointed to the Committee on Revisions to the In February CALEB NELSON s paper, A Critical Guide to Erie Railroad Co. v. Tompkins, which was part of a symposium at William & Mary on Law Without a Lawmaker, appeared in the William & Mary Law Review. Another article, State and Federal Models of the Interaction between Statutes and Unwritten Law, appeared in the spring issue of the University of Chicago Law Review. Common Rule for the Protection of Human Subjects in Research in the Behavioral and Social Sciences, a committee appointed by the National Research Council at the National Academies of Sciences. She held a workshop and will be producing a consensus paper recommending changes to the Advance Notice of Proposed Rule Making on Changes to the Common Rule (the regulations that govern most human subjects research in the U.S.). FREDERICK SCHAUER delivered the Daniel Meador Lecture at the University of Alabama on the topic of Objectivity and Equality and the Clough Distinguished Lecture in Jurisprudence at Boston College on the topic of Constitutionalism and Coercion. He presented Official Obedience and the Politics of Defining Law at the Cardozo School of Law, Yeshiva University, and gave lectures on Constitutional Rights and The Theory of Rights at Masters Course on Legal Theory, University of Genoa, Italy. Schauer also presented Is Expert Evidence Really Different? (co-authored with Barbara Spellman) at the University of Texas School of Law seminar series on Modern Developments in Evidence Theory. Schauer presented Vagueness, Open Texture, and Defeasibility in the Rule of Recognition at New York University Department of Philosophy and School of Law Conference on Vagueness in Law and taught a two-week short course on The Theory and Practice of Legal Reasoning at Hebrew University of Jerusalem. He has also published On the Nature of the Nature of Law in Archiv fur Rechts und Sozialphilosophie; Legal Realism Untamed in the Texas Law Review; The Miranda Warning in University of Washington Law Review; The Decline of The 42 UVA LAWYER / SPRING 2013

45 FACULTY NEWS AND BRIEFS Record : A Response to Judge Posner, in the Duquesne Law Review; and Must Virtue Be Particular? in Law, Virtue and Justice (A. Amaya & H.H. Lai eds., Hart Publishing 2013). Last July RICH SCHRAGGER was a two-week visiting professor at the University of Chicago School of Law and presented Against Religious Institutionalism, a paper co-authored with Micah Schwartzman 05 that will appear in the Virginia Law Review this fall. Schwartzman and Schragger also presented that paper at the annual Law and Religion Roundtable held at the Harvard Law School last June and at the Conference on the Freedom of the Church in the Modern Era at the University of San Diego in October. In January he presented Cities in Recession at the AALS annual meeting in New Orleans. And in February Schragger was invited to give a talk at the Vanderbilt Law School on regionalism in commemoration of the 50th anniversary of Nashville s metro government. That talk was entitled Two Cheers for Regionalism. Two additional papers will appear sometime this summer. What is a Progressive City? is an invited contribution to the Harvard Law and Policy Review s symposium on progressive cities. Lost in Translation: A Dilemma for Freedom of the Church (with Schwartzman) is an invited contribution to a symposium being published in the Journal of Contemporary Legal Issues. In March PAUL STEPHAN 77 presented a paper at Southern Methodist University, and presented the same paper at Northwestern in April. The paper is The Structure of Courts and International Lawmaking: Explaining Judicial Conflict. In April he gave a talk to the Atlanta International Arbitration Society about the Yukos case, and hosted at the Law School the Sokol Colloquium on Private International Law, for which Stephan bears primary responsibility. The topic this year was about enforcing The topic was selected to coincide with his work as co-reporter of the Fourth Restatement of the Foreign Relations Law of the United States: Jurisdiction. PIERRE-HUGUES VERDIER continues to work on an empirical study of the evolution of the customary international law of sovereign immunity around the world, with Erik Voeten of Georgetown University. This year they presented the paper at workshops and conferences at Columbia, Duke, the University of Colorado, and Brooklyn Law School, as well as the American Society of International Law s fall research forum. Verdier will be speaking on the project this spring at the Lauterpacht Center for International Law at the University of Cambridge. Verdier and Voeten are also working on a related paper that will articulate a more general theory of customary international law, drawing on their empirical findings on sovereign immunity and on several other examples and applications, such as the rules protecting foreign investments and coastal state rights over fishing and other maritime resources. Verdier is also gathering data for an upcoming project with Mila Versteeg on the status of international law in the constitutions and legal systems of the world. In April TED WHITE gave a presentation at Case Western Reverse School of Law on his book, Law in American History: Volume One, From the Colonial Years Through the Civil War. In May he presented Pitfalls in Writing Judicial Biography to the law department at the London School of Economics, and gave a speech, The ALI s Recent History and Current Challenges, at a luncheon for life members at the 90th annual meeting of the American Law Institute. MOLLY SHADEL published Finding Your Voice in Law School: Mastering Classroom Cold Calls, Job Interviews, and Other Verbal Challenges (Carolina Academic Press 2013). Shadel, who teaches courses in public speaking and persuasion, authored the book in order to attempt to help prepare law students for the communication challenges they will likely encounter in law school and in their careers as attorneys. Finding Your Voice in Law School draws on interviews with law students and practicing lawyers to identify key strategies for succeeding at classroom discussion, mock trials and job interviews, as well as making arguments in a courtroom. UVA LAWYER / SPRING

46

47 CLASS NOTES We welcome submissions for inclusion in Class Notes. Online, submit them at them to mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road, Charlottesville, VA 22903; or fax them to 434/ Please send your submissions by September 15 for inclusion in the next issue MORTIMER CAPLIN recently stepped down as a director of Danaher Corporation, whose board he s served on since Caplin is credited with being the oldest corporate director at a company in the S&P 500. Danaher provides measuring and diagnostic equipment. He continues to practice tax law at Caplin & Drysdale in Washington, D.C. I haven t regarded age as a real factor, said Caplin in a Bloomberg article. It s a question of capability and, I suppose, willingness at the same time. His departure gives him more time to focus on two great interests of his: tax law and the University of Virginia. At UVA he is involved in the performing arts, particularly theater, and public policy, mainly through his work on an annual conference on the global economy that bears his name. Caplin delivered a tribute to his friend and former law student, Judge Lapsley W. Hamblen Jr. 53, at a memorial service in the center courtroom at the U.S. Tax Court in November JOHN THORPE LAWRENCE RICHARDS died on March 30, at the age of 91.Thorpe Richards was born in Manila, P.I., where his father was stationed as a U.S. Naval Officer. He was a member of University s varsity swimming team, and president of the Phi Delta Theta Fraternity before enlisting in the U.S. Navy at the onset of World War II. Richards served as a naval aviator flying TBM torpedo bombers from small escort carriers in both the Atlantic and Pacific theaters. He was decorated for his role in the capture of the U-505 in June of 1944, and later for flying close air support during the battles of Iwo Jima and Okinawa. After the war he returned to the University for his law degree. He was recalled to active service during the Korean War and served as a legal officer and flight instructor in Pensacola. He practiced law in Alexandria, Va., for over 60 years until shortly before his death. Dedicated to the cause of historic preservation, he was the president and chief spokesman for the Old Town Civic Association during the early 1960 s, known at the time as the Battle of Alexandria. His leadership and forceful advocacy helped defeat the proposed urban renewal plan to slum clear 24 blocks of historic housing stock in the heart of Old Town Alexandria. He is survived by his wife of 62 years, Rear Admiral CHARLES E. MCDOWELL 50 died on November 25, at the age of 89. Following graduation from the Law School, he worked briefly as a lawyer with Shell Oil before joining the U.S. Navy in He served as a staff legal officer of the Pacific Fleet in Honolulu and a staff judge advocate of the U.S. Naval War College in Newport, R.I., where he led the international law division. During the height of the war in Vietnam he was head legal officer of the U.S. 7th Fleet based in Yokosuka, Japan. He was Deputy Judge Advocate General and then Judge Advocate General of the U.S. Navy from After 30 years with the Navy he took military retirement and practiced law in a private firm in Woodbridge, Va., until Admiral McDowell was awarded the Bronze Star, the Purple Heart, the Joint Service Commendation Medal, the Navy and Marine Corps Commendation Medal, and the Navy Distinguished Service Medal. He was inducted into the U.S. Army Officer Candidate School Hall of Fame at Fort Benning, Ga., in four children, eight grandchildren, and a great-grandson Col. KENNETH C. CRAWFORD (Ret.) passed away on November 18. Following his graduation from the Law School, he served in the Judge Advocate General Corps. His last active-duty assignment was commandant of the Judge Advocate General School in Charlottesville. After retirement from the military, he became associate director of education at the Southwestern Legal Foundation at Southern Methodist University in Dallas, Tex. He was selected by Chief Justice Warren Berger to be the first director of education and training of the Federal Judicial Center. After leaving this position he practiced law, lectured for the Asia Foundation, and for Israeli judges. He addressed the Israeli Supreme Court in October In addition to his degree from the Law School he earned a Masters from George Washington University in International Law and Affairs. UVA LAWYER / SPRING

48 CLASS NOTES attorney for the Securities 1958 the exposure), took a and Exchange Commission severe beating, with the BILLUPS PHINIZY PERCY, The Honorable H. WARREN and retired as special By Ted Torrance Sound waters all but brother of the novelist KNIGHT (Ret.) passed counsel. He had lived in Corresponding Secretary flowing right through Walker Percy, died on away on November 15 the District of Columbia 1955 Windward Way her house. Likewise, the January 18 at the age of 91. in Newport Beach, Calif. since 1957 and invested in Vero Beach, FL Oramsʼ summer home in He graduated from the U.S. He was 83 years old. He residential real estate on etorr@cox.net Beach Haven, N.J., suffered Naval Academy in 1942 and practiced law in Orange Capitol Hill, managing the a similar fate, and at about served in the Pacific during County and served on the properties until recently. By the time these class the time of our reunion World War II, for a time Orange County Municipal notes are published, they planned to be on in the same PT squadron as John F. Kennedy. As a Court from and on the Orange County 1960 many of the 79 members of our class still keeping the scene to arrange for extensive repairs and the submariner he contributed Superior Court from in contact with the Law removal of tons of sand to successful campaigns in He was twice School will have reunited and debris from their Japanese waters and was named Trial Judge of the in Charlottesville under property. awarded the Silver and Year by the Orange County the leadership of FRED Bronze Stars. He taught Trial Lawyers Association. GOLDSTEIN. Fleshing out I recently had a very constitutional law at Tulane Judge Knight s experi- whatever information pleasant telephone University Law School for ence with civil cases that may have been exchanged conversation with DON more than 30 years. sometimes took as long as between the attendees: DEVINE. Donʼs career five years to come to trial included his serving 1954 inspired him to leave his judgeship to start JAMS, RONALD W. DOUGHERTY has been honored as the JIM ATKIN writes that he is now living in Roanoke, for some years as a Commonwealth Attorney The Resolution Experts, a recipient of the Ohio State Va., having abandoned in Virginia and as a judge RUHI K. RAMAZANI, Edward solo mediation practice Bar Foundation s highest earlier thoughts of return- on the Civilian Board R. Stettinius Professor in Santa Ana. He was a honor, the Ritter Award, ing to the San Francisco of Contract Appeals Emeritus of Government trailblazer in bringing given for a lifetime of area. He is still doing in Washington, D.C. and Foreign Affairs in the lawyers to accept and dedicated service. The some pro bono work, Following the death of University of Virginia s seek alternative dispute award was presented at and manages to travel his wife, Pat, a couple College of Arts and resolution. Decades later, the foundation s annual to California to see his of years ago, Don has Sciences and one of the JAMS is the world s largest recognition dinner in children and grandchil- moved into an assisted world s experts on Iran s private alternative dispute November. Dougherty dren from time to time. living facility in Leesburg, foreign policy, will publish resolution provider. The served on the foundation Through Jim I learned Va. I reminded Don that a collection of previously JAMS Foundation provides board of directors for eight that STAN CHRISTOPHER has at some time during our published articles and grants to nonprofits in years and as president in left Palm Beach Gardens third year at the Law book chapters with the the dispute resolution He has served on the for State College, Pa., the School he was elected University of Virginia Press field, and associates give board of governors of the draw apparently being our class president after in the fall. He describes thousands of pro bono Ohio State Bar Association three grandchildren in a low-to-no-profile cam- Iran s Foreign Policy: hours every year to various and on the U.S. Sixth the area. paign, and that although Independence Without causes. Circuit Judicial Conference the office carries with Freedom as a capstone to for many years. He has also Distinguished professional it neither statutory nor his scholarship on Iran. For six decades Ramazani 1956 served in numerous roles with the Stark County Bar careers did not suffice to insulate BARBARA COPPETO common-law duties or authority, he presumably has studied, taught, and Association. and JOHN ORAM against continues as president. written about global politics ROBERT F. MCCULLOCH died Dougherty has the ravages of Superstorm Hail to the Chief! and foreign policy. He at home on September 15. contributed his time and Sandy last October. received the Thomas Jef- Following Law School, talents to a wide range Barbaraʼs home in Milford, BILL GRIESAR notes that ferson Award, the highest he was a clerk with the of community activities. Conn., on Long Island he has clocked over 54 University honor given to U.S. Court of Appeals 4th He was a member of the Sound (and on Shorefront years as a practicing faculty members, in Circuit. He was a career original committee that Street, so you can imagine lawyer, although he says 46 UVA LAWYER / SPRING 2013

49 CLASS NOTES his practice is now all but MICHAEL KAPLAN writes Eugene, Ore., where Allie rides over the Shenandoah although he recently over. The last 20 years that he had initially been has an administrative posi- Mountains? The old man s sold his Mont Tremblant, of his active career were planning on attending tion with the University of genes were obviously Quebec, property after spent as general counsel to our reunion but that he Oregon. Their children and passed along to his son, 30 years of skiing there. The Rockefeller University had to change his plans. nine grandchildren stretch Ferd III, who became a The second luncheon was in New York City. Bill lives He asked his wife why she from Virginia to Guam. Navy aviator and retired with STUART BRUNET and in Dobbs Ferry, N.Y., in would want to hang out as a captain with over VERNE HAMPTON, both of the winter and gardens with a bunch of old guys TOM and MINA OTIS report 6,000 flying hours. Ferd s whom spend much of the and sails in the summer in there anyway, and she from South Dartmouth, granddaughter graduated winter here in Vero Beach. Chamberlain, Maine. responded, Why not? Iʼve Mass., that they spent most from Stetson University Both appear to be in good been hanging around with of January and February Law School and success- shape and surviving this STUART BLUE JAY writes you all these years. in the far balmier climes fully passed the Florida aging process nicely. from Louisville, Ky., (his of Boca Grande, Fla., with bar exam, but Ferd says, I home since Law School DOUG MACKALL reports that some golf and a lot of loved my years at Virginia And on that note, I will end days) that he is kept busy after Law School he spent tennis on their agenda. and cannot envision going up with the substance of with eight grandchildren in two years as an assistant They expected to continue anywhere else. a note from BRAD MILLER, the area. prosecutor and thereafter on the golfing circuit in who regularly confounds I received an intriguing practiced law in Fairfax March at Yeamans Hall, BOB SMITH s book, Law me with what turn out to picture of Countess Sophie County with his brother for near Charleston, S.C. Tough & Lawyers in the United be (after consulting my of Wessex (a daughter-in- 49 years. He currently lives life, this retirement. States, was published by Latin-English phrasebook) law of Queen Elizabeth in McLean, Va., but has a CreateSpace, and is avail- relevant observations on II) taken at close range in home in Charlottesville, FOSTER PETTIT sent along able from both Amazon our times. Brad references Anguilla by ALLAN JOHNSON. where he attends as many his regrets at not being and Barnes & Noble. Bob the accomplishments of Allanʼs accompanying note Virginia football, basket- able to attend our reunion. kindly sent me a copy, and so many of our classmates is ambiguous as to whether ball, and baseball games as He is planning on joining it is really quite unique, and, ever overly modest, he actually became part he can. his Woodberry Forest serving as a valuable quotes Seneca: of the Countess s social classmates of 1948, and is and succinct primer Often a man who is very circle or was just another A good, newsy note from working on being the last on the elements of our old in years has no evidence paparazzo, but I am sure BILL O CONNOR discloses man standing. constitutional, statutory, to prove he has lived a long he would have us believe that at the end of 2010 and common law, and life other than his age. But the former. The Johnsons he retired from his solo FERD SALOMON checked in the judicial systems of the then he further quotes daughter is a graduate of practice in Medford, Ore., from Pensacola, Fla., where, federal government and Seneca: It better befits a the Law School, and their and thereupon set out to having attained the age of the various states and man to laugh at life than to granddaughter has been write a long-contemplated 83, he regularly plays golf territories. A simple perusal lament over it. accepted at the Univer- two-volume novel about with some equally ancient of the book reminds me So say we all. sity (and invited to be an the American Revolution. It Navy captains, apparently that one is never too old Echols Scholar), so the was published in late 2012 more for the camaraderie to learn. Johnson family may well under the title At War in than for the results. Over boast of three generations America, and it is available the years he has enjoyed I have recently had two in Charlottesville. In the on Kindle and in hard copy flying, small boat racing, very pleasant luncheons meantime, Allan and Nancy from CreateSpace. Bill is motorcycling, and golf, with fellow classmates. are spending upwards of now pursuing a different and he still engages in trap The first was with HENRY eleven weeks in Anguilla interest, the study of world shooting, a hobby he has and Barbara WILLIAMS. this year, with Allan playing mythology. Who would pursued for over 50 years, Henry was in Florida for tennis on a regular basis have guessed that our cur- with distinction at the state a short stay, escaping the and captaining one or two riculum in the 1950s would and national levels. Did you wild winter of western USTA senior teams. inspire such production? know that while at the Law New York. He is as active To accommodate his wifeʼs School Ferd had an interest as ever, with skiing, sailing, own extensive legal career, in a Piper Cub and regularly tennis, singing, and the the OʼConnors now live in took his wife and son on joy like occupying his time, UVA LAWYER / SPRING

50 CLASS NOTES raised the funds to build the Pro Football Hall of Fame and has served as a leader in that organization for decades. He has volunteered many hours to United Way, the Canton Regional Chamber of Commerce, the Canton Club, and the Boy Scouts. He is a founding member of Krugliak, Wilkins, Griffiths and Dougherty in Canton, where he focuses his practice on civil litigation, general business representation, and estate planning JOHN SMITH PAPA died at his home in Bristol, Conn., on December 14. Following Law School he worked in the State of Connecticut Circuit Court chief prosecutor s office, then served for 27 years as supervisory public defender for Superior Court #17 in Bristol. He retired in Though he was in poor health at the time of the most recent reunion in May, he was happy to be near the festivities while visiting his youngest daughter, Hannah, who lives in Earlysville WILLIAM R. RAKES was listed in Super Lawyers Business Edition 2012 in business litigation. Virginia Living Magazine listed him as a Legal Eagle 2012 in the areas of antitrust law, banking & finance law, bet-the-company litigation, commercial litigation, corporate law, litigationbanking & finance, and litigation-mergers & acquisition. He is named in Best Lawyers 2013 and as Roanoke Lawyer of the Year in banking and finance law. The American Lawyer includes him as a Top Rated Lawyer for 2013 in commercial litigation, business & commercial, and appellate law. Rakes is a senior partner with Gentry Locke Rakes & Moore in Roanoke. HADLEY ROE accepted the Lloyd s List Global Deal of the Year Award for 2012 on behalf of his firm, Seward & Kissel, and his client, Eagle Bulk Shipping. The awards ceremony took place in September in London. Seward & Kissel represented Eagle Bulk Shipping in restructuring its obligations under a credit agreement with its lenders. This landmark transaction represents one of the largest outof-court restructurings of a shipping company in the recent economic downturn. Agreement was reached without need for Chapter 11 proceedings and without adverse effects toward Eagle s equity stakeholders. Roe is counsel in the corporate finance group in New York City Last November TONY MEDLEY met the Rose Queen and her court during their annual appearance at the Los Angeles 5 Rotary Club, the fifth oldest Rotary Club in the world. He wore his UVA Law buttondown shirt under his jacket for the event. His book, Sweaty Palms: The Neglected Art of Being Interviewed, won the 2012 Industry Recognition of Writers in the News Award (the IRWIN) for the best sustained campaign (over 30 years) from the Book Publicists of Southern California WALTER M. DICKEY has served as vice president of three organizations: the Kansas City, Mo., Retired Lawyers Association, the Alexander Majors chapter of the Sons of the American Revolution, and the Kansas City Regional Phi Kappa Psi Fraternity. WHAYNE S. QUIN is chair of the board of trustees at the National Building Museum in Washington, D.C. He began his threeyear term in October, after serving as chair-elect and serving as a museum trustee for years. He is a partner with Holland & Knight, where he practices in the area of municipal law with special focus on land use entitlements and issues related to real estate development in the District of Columbia JAMES T. SCHOLLAERT died on February 17 in Arlington, Va., at the age of 73. He was a retired foreign service officer and Washington, D.C. lobbyist for domestic manufacturing companies. He was married to his wife, Elizabeth, for 48 years and was the father of a daughter, Stephanie Uz, and sons Christopher and Charles. He was the grandfather of six J. RUDY AUSTIN was listed in Super Lawyers Business Edition 2012 in construction litigation, and Virginia Living Magazine listed him as a Legal Eagle 2012 in the area of personal injury litigation-defendants. He is named in Best Lawyers 2013 and recognized as a Top Rated Lawyer for 2013 in litigation, construction law, and insurance law in The American Lawyer. He is a senior litigation partner with Gentry Locke Rakes & Moore in Roanoke. GENE DAHMEN was listed in New England Super Lawyers 2012 in the area of family law. She is senior counsel with Verrill Dana in Boston, Mass. Judge JAMES W. HALEY, JR. retired at 70, as required by Virginia law. He has been elected by his colleagues on the Court of Appeals of Virginia as a senior judge of that court, and will continue in that capacity. 48 UVA LAWYER / SPRING 2013

51 CLASS NOTES RONALD R. TWEEL has been PETER H. ELLSWORTH was KENNETH M. MURCHISON was named the 2012 winner listed in Best Lawyers and honored as the Louisiana U.S. SEN. BILL NELSON was JOHN S. EDWARDS was of the Betty A. Thompson Michigan Super Lawyers Tech University College of re-elected to serve his re-elected to his fifth Lifetime Achievement for He was also Liberal Arts Alumnus of third term in the United term in the Virginia State Award by the Virginia State selected by Best Lawyers the Year for States Senate (Florida) Senate in November Bar s Family Law Section as Lawyer of the Year after defeating Republican Election celebrations were The award was presented for gaming law. He is a GEORGE K. WALKER LL.M. was Rep. Connie Mack. Florida s soon followed by the birth at the annual advanced member with Dickinson appointed Dean s Research senior senator will deliver of his fourth grandchild, family law seminar Wright in Lansing, where Professor of Admiralty Law the commencement ad- Charles Graney, three days in Richmond in April. he focuses his practice in and International Law at dress to the UVA Law Class later on 11/11/11. Edwards Tweel is a senior partner the areas of administrative Wake Forest University of 2013 on May 19. was named among the with Michie-Hamlett in & regulatory, commercial & School of Law in Winston- Leaders in the Law for Charlottesville, where he business litigation, energy Salem, N.C., in July by Virginia Lawyers Weekly for spearheading legislation to adopt focuses his practice in the area of domestic relations. & sustainability, gaming law, Indian law, and insurance Virginia rules of evidence. He continues to teach trial 1972 After practicing law with G. FRANKLIN FLIPPIN was advocacy as an adjunct Parker Poe for 35 years listed in Super Lawyers professor at the Law WALTER BENNETT LL.M. 86 in Charlotte, N.C., FRED Business Edition 2012 for School. Edwards and his has published his first T. LOWRANCE has served business/corporate law. wife, Cathye, celebrated full-length novel, Leaving for the past five years as Virginia Living Magazine their 40th anniversary in Tuscaloosa, which explores pastor at Meadowlake listed him as a Legal race relations in the South Presbyterian Church in Eagle 2012 in the areas ROBERT W. ASHMORE is listed in the 1960s (see In Print). Huntersville. of banking & finance in Best Lawyers 2013 in labor law-management The novel was a 2010 finalist for the Bellwether J. MICHEL MARCOUX reports law, corporate law, and mergers & acquisitions. He He is partner and senior Prize for unpublished that his law firm, Bruder, has also been named in counsel with Fisher & Chief Justice of work, now called the Gentile & Marcoux, Best Lawyers 2013, and in Phillips in Atlanta, Ga., Pennsylvania RONALD PEN/Bellwether Prize for founded in 1976 in American Lawyer as a Top where he focuses his D. CASTILLE was recently Socially Engaged Fiction. Washington, D.C., merged Rated Lawyer for 2013 in practice on labor and named by the American Bennett is a former civil in January with Chicago- the area of business and employment law. Bar Association to its rights attorney, judge, and headquartered Schiff commercial law. He is a newly formed committee professor at the University Hardin to create a new partner with Gentry Locke ANGUS KING was elected to examine the future of of North Carolina Law Schiff Hardin office in D.C. Rakes & Moore in Roanoke. to the U.S. Senate for the legal education in the School in Chapel Hill. state of Maine, filling the United States. TERRANCE M. MILLER is listed DAVID L. MARTIN retired in seat vacated by retiring TERENCE M. DONNELLY was in Ohio Super Lawyers 2013 September after serving Senator Olympia Snowe. In recent months MARK listed in Best Lawyers and in the area of personal 14 years as U.S. Magistrate King ran for the seat as an SULLIVAN has taught Michigan Super Lawyers injury defense: products, Judge for the District of independent. He served CLE programs on trial for He was also and was recognized as Best Rhode Island. He and his as Maine s Governor from techniques, evidence, and selected by Best Lawyers Lawyers 2012 Columbus wife, Pat, look forward to 1995 to persuasion in the Virgin 2013 as Lawyer of the Year Lawyer of the Year in the travelling together now Islands, and on military for municipal law. He is a area of product liability that they are both retired. custody, family support, member with Dickinson litigation-defendants. He and pension division in Wright in Troy, where he is a partner with Porter San Antonio, Tex. focuses his practice in the Wright. areas of municipal law and finance. UVA LAWYER / SPRING

52 CLASS NOTES BRENDAN BOVAIRD 73 writes: My bucket list has long included summiting Kilimanjaro. Thanks to a great guide and crew, the reality became two summits in two days. We crossed Uhuru Peak, the highest point at 19,341 feet, for the first time at mid-morning on October 10, on our way down into the crater to spend the night at 18,500 feet above sea level. The goal was to hike back up the crater wall next morning in time to arrive back at Uhuru at dawn. After a night of thundersnow, sleeping between the crater wall and Furtwangler Glacier, we awoke before dawn to find the mountaintop covered in four inches of snow. While the snows of Kilimanjaro were stunningly beautiful in the moonlight, admiration soon gave way to trepidation as I looked up a crater wall boot-top deep in snow. Thanks to guide and crew, though, we arrived alive again at Uhuru in time for an equally stunning sunrise. Afterwards, I returned in one piece to my law firm, Hunt & Ayres in Philadelphia, and, in January, became senior counsel in order to devote more time to pro bono projects and to get moving on the rest of my bucket list DOUGLAS M. BRANSON continues as the W. Edward Sell Chair in Law at the University of Pittsburgh. In addition to the recently published, Three Tastes of Nuoc Mam: The Brown Water Navy and Visits to Vietnam, he also published The Sage Handbook of Corporate Governance (with Professor Thomas Clarke); Cases and Materials on Business Enterprises: Legal Structures, Governance and Policy (LexisNexis 2d ed.) (with Professor Joan Heminway et al.); and Questions and Answers on Business Associations (LexisNexis 2d ed.). The fourth edition of his Understanding Corporate Law, a text for law students, is in the works. His books on women and minorities in corporate governance continue to be standard texts in a number of law and business school diversity seminars. He plans to be a visiting professor at the Chinese University of Hong Kong. CLAIRE G. GASTANAGA is executive director of the Virginia American Civil Liberties Union, a position she has held since June 1, THOMAS G. JACKSON is a litigation partner with Phillips Nizer in New York City, where he chairs the technology practice group. RICHARD G. MENAKER s New York City-based firm, Menaker & Herrmann, celebrates its 30th anniversary this year. Menaker recently co-authored Law for Architects, What You Need to Know. He has practiced as a commercial litigator in New York City since graduating from the Law School W. STUART DORNETTE is listed as a Leading Lawyer in Sports Law in Cincy magazine and in Ohio Super Lawyers 2013 in business litigation. He is a partner and co-chair of the litigation department Taft Stettinius & Hollister in Cincinnati. SHEILA JACKSON LEE is the U.S. Representative for Texas s 18th congressional district, serving since The district includes most of inner-city Houston. DON P. MARTIN is listed in Best Lawyers 2013 in commercial litigation, legal malpractice law-defendants, litigationbanking & finance, and litigation-real estate. He is a partner with Quarles & Brady in Phoenix, Ariz. He is the national chair of Quarles & Brady s lender liability task force. JOHN MCCARTHY LL.M., appointed Knight Commander of the Order of St. Gregory the Great by the Holy See for services to the Catholic Church in Australia and the wider Australian community, was recently appointed Australia s resident Ambassador to the Holy See in Rome. In November he presented his diplomatic credentials to Pope Benedict XVI. As a senior lawyer in Sydney and Queen s Counsel, he has been involved in Australian affairs in Australia and internationally. He has been involved in Catholic Church affairs for many years. Last year he was appointed an honorary fellow of the University of Sydney. WM. SHAW MCDERMOTT was nominated by President Obama to the Metropolitan Washington Airports Authority and confirmed in the Senate by unanimous consent. The agency is responsible for overseeing construction of the Metro Dulles rail extension as well as operations at Reagan National and Dulles International airports and the Dulles toll road. McDermott is a partner with K & L Gates in Boston, Mass., where he handles complex civil litigation. Retired Alabama Supreme Court Justice THOMAS A. WOODALL has joined Sirote & Permutt in Birmingham, where he is a shareholder and serves as chair of the appellate practice group. Woodall was elected to the Supreme Court of Alabama in 2000, where he served a six-year term and was re-elected in UVA LAWYER / SPRING 2013

53 CLASS NOTES 1976 WALTER W. BARDENWERPER retired in November as vice president, general counsel, and secretary at Towers Watson, a publicly held global professional consulting firm in Washington, D.C. MICHAEL CAPLIN is the founding executive director of the Tysons Partnership, a non-profit association of civilian, business, and government leaders working on the 35-year redevelopment of Tyson s Corner, Va. into the next great American city. ALAN S. GOLD was listed in Pennsylvania Super Lawyers 2012 in appellate law, and has been so listed in this area since He is a shareholder with Gold & Ferrante in Jenkintown, where he concentrates his practice on appellate issues in all types of civil litigation, civil rights defense, and commercial litigation. DANIEL J. HOFFHEIMER is listed as a leading lawyer in trusts & estates in Cincy magazine and in Best Lawyers He was also selected for Ohio Super Lawyers 2013 in estate planning & probate. He is a partner with Taft Stettinius & Hollister in Cincinnati. LUTHER T. MUNFORD has returned to Butler, Snow, O Mara, Stevens & Cannada in Jackson, Miss., where he began practice in He was recognized by Best Lawyers as Mississippi s Lawyer of the Year for 2013 in First Amendment law (litigation-first amendment) and continues as editor of the Appellate Advocate, the newsletter for the American Academy of Appellate Lawyers. ANN MARGARET POINTER is listed in Best Lawyers 2013 in employment lawmanagement, labor law-management, and W. JOSEPH OWEN III 76 was listed in Virginia Super Lawyers 2012 in general litigation and criminal defense. He is a partner with Owen and Owens in Midlothian. litigation-labor & employment. She is a partner with Fisher & Phillips in Atlanta, Ga. BRAD STILLMAN retired as U.S. Magistrate Judge for the Eastern District of Virginia effective September 30, STEPHEN W. EARP was the recipient of the North Carolina Bar Association s Citizen Lawyer Award for Earp is with Smith Moore Leatherwood in Greensboro, where he advises companies in mergers and acquisitions, contracts, and corporate governance. He also handles complex environmental litigation and regulatory matters. Earp was also listed in North Carolina Super Lawyers 2013 in environmental law and was named Lawyer of the Year for 2013 in Best Lawyers. J. RANDY FORBES is the U.S. Representative for Virginia s 4th congressional district, serving since He is a member of the Republican Party. AMY B. GINENSKY has been named in the first edition of Benchmark: Top 250 Women in Litigation. She is a partner with Pepper Hamilton in Philadelphia, Pa., where she is chair of the commercial litigation practice group and leader of the media and communications practice. She handles class action and commercial litigation matters and has a media and communications practice that focuses on First Amendment, defamation, and other media-related areas The Raven Society presented BOB BARRY with a Raven Award in April. The award recognizes students, professors, administrators, and alumni for excellence in service and contributions to the University. Barry has served as a class manager for 35 years and been involved in University and local Norfolk-area activities since graduation from Law School. He is a partner in the labor and employment law practice group of Kaufman & Canoles in Norfolk. CHRISTOPHER S. D ANGELO served as co-director for the 2012 International Corporate Counsel College, which is organized and presented in Europe annually by the International Association of Defense Counsel. The program was held in London with the theme Crisis Management: Anticipating the Future in the Global World, and it explored legal and reputational challenges faced by multi-national companies and how to anticipate and address them. D Angelo is a partner with Montgomery McCracken Walker & Rhoads in Philadelphia, Pa. DAVID L. EVANS is president of Mateer & Harbert, a fullservice law firm located in Orlando, Fla. He is board certified by the Florida Bar in health care law. He is listed in Florida Super Lawyers in the health care law category, is listed as among the best attorneys in Orlando in health care law by Orlando magazine, and is included among Florida s best lawyers in Florida Monthly. He was also selected for inclusion in Best Lawyers in health care law. UVA LAWYER / SPRING

54 CLASS NOTES MICHAEL P. HAGGERTY was listed in Texas Super Lawyers 2012 in banking and real estate law. He was named a Best Lawyer in Dallas by D magazine in 2012 and selected for Best Lawyers 2013 in real estate law. He is partner and cohead of the Jackson Walker finance practice group. RICHARD D. KIRK was recognized in Chambers USA 2012 for intellectual property law. He was also recognized in Best Lawyers 2013 for administrative/ regulatory law and litigation-intellectual property. Kirk is a director at Bayard in Wilmington, Del., where he focuses his practice on general business litigation, intellectual property litigation, administrative law, and alternative dispute resolution. JOSEPH W. RYAN JR. is listed in Ohio Super Lawyers 2013 in intellectual property litigation. He is a partner with Porter Wright in Columbus, where he focuses his practice in the area of complex professional liability, intellectual property, class actions, and commercial law. F.B. WEBSTER DAY 79 was named Best Lawyers 2013 Lawyer of the Year in public finance law, while also recognized in corporate and public finance law. He is the member in charge of Spilman Thomas & Battle s Roanoke, Va., office, where he concentrates his practice in public finance and counseling lenders in commercial transactions MICHAEL K. KUHN was JOHN F. BRENNER is listed in named a 2012 Texas Super New Jersey Super Lawyers Lawyer by Texas Monthly 2013 in class action/mass magazine and is listed in torts, personal injury Best Lawyers 2013 in real defense: products, civil estate law. He is a partner litigation defense. He is with Jackson Walker in a partner in the health Houston, where he focuses effects litigation practice his practice on commercial group with Pepper real estate with emphasis Hamilton in Princeton, on office and retail leasing and focuses his practice in the real estate group. on the defense of complex products liability and mass tort cases against pharmaceutical and medical device manufacturers. PERRIN R. LOVE is listed in Best Lawyers 2013 in commercial litigation, ELY A. LEICHTLING was eminent domain and named in Wisconsin Super condemnation law, and Lawyers 2012 in employment & labor law and in property. He is a share- litigation-intellectual Best Lawyers 2013 in the holder and director with areas of employment Clyde Snow in Salt Lake law-management, labor City, Utah. law-management, and litigation-labor & ALLEN MCCALLIE has been employment. He is a awarded the highest partner with Quarles & honor given by the Trust Brady in Milwaukee. for Public Land, the nation s second largest land conservation organization. The Douglas P. Ferguson Award is given for outstanding service and extraordinary commitment to conserving land for people across America. An attorney with Miller & Martin in Chattanooga, Tenn., McCallie has long focused his practice on real estate, nonprofit organizations, conservation law, and public and private nonprofit development initiatives. According to the Chattanooga Times Free Press, His blending of professional legal work in these areas along with his advocacy for land stewardship, volunteerism and civic advancement has paid off in an array of civic ventures. For 15 years McCallie has focused much of his volunteer and legal work on arranging the land acquisitions and conservation easements that have become integral parts of our newer outdoor public spaces. RICHARD E. MOORE was recently selected by the Virginia General Assembly as a juvenile and domestic relations district court judge. He serves in the 16th Judicial District of Virginia and sits in Albemarle, Greene, Louisa, and Orange Counties. Prior to being named a judge, Moore was a career state prosecutor for 26 years and directed the UVA Prosecution Clinic at the Law School for 14 years. After graduating from Law School he clerked for Justice George M. Cochran 36 of the Virginia Supreme Court. He was then in private practice for several years in Staunton before going into prosecution. He and his wife, Nancy, have lived in Charlottesville since They have two grown daughters. W. DAVID PAXTON was listed in Super Lawyers Business Edition 2012 in employment & labor law. Virginia Living listed him as a Legal Eagle 2012 in employment law-individuals, employment law-management, labor law-management, and litigation-labor & employment. He is named in Best Lawyers 2013 and is listed as a Top Rated Lawyer for labor and employment and commercial litigation in The American Lawyer. He is a partner with Gentry Locke Rakes & Moore in Roanoke. GEORGE A. SOMERVILLE served as a member of the faculty of the Virginia State Bar s Harry L. Carrico Professionalism Course from He was 52 UVA LAWYER / SPRING 2013

55 CLASS NOTES listed in Virginia Living Orr & Reno in Concord, JAMES S. RYAN III was only. And to think I spent U.S. Senator SHELDON magazine s Best Lawyers where he was a senior named a Super Lawyer in all those years drafting WHITEHOUSE, a Democrat, 2012 in administrative/ litigator and shareholder Texas Monthly magazine indentures and aircraft won his first re-election appellate practice and specializing in complex and a Best Lawyer in Dallas mortgages, he writes. He bid to retain his seat to was named in Best Lawyers commercial and civil by D magazine in has an office in Rockefeller represent Rhode Island in appellate law. He litigation, First He is listed in Best Lawyers Center. He defeated Republican is senior counsel with Amendment issues, and 2013 in corporate law and challenger B. Barrett Troutman Sanders in land use cases. mergers and acquisitions Hinckley. Richmond CHRISTINE HUGHES THOMAS C. FRONGILLO joined Fish & Richardson in Boston, Mass., as a principal in the commercial litigation group. law. He is a partner with Jackson Walker, where he focuses his practice on corporate and securities, health care, and life sciences and medical 1983 announced her engage- He was previously with technology. RAYMOND G. TRUITT has ment to W. Sterling Weil, Gotshal & Manges. been named co-chair of Wall, a coastal geologist Frongillo represents the International Council from Chilmark, Martha s corporations and of Shopping Centers 2013 Vineyard. He didn t go to individuals in white-collar U.S. Law Conference to be UVA, she writes, but aside from that, he s pretty much criminal matters involving alleged environmental held in San Diego, Calif. He is managing partner of CHRISTOPHER S. KNOPIK perfect. Classmates Karen law violations, the Foreign finance and operations for received the George C. Geiger, Tina Ravitz, and Corrupt Practices Act, Ballard Spahr and focuses Carr Memorial Award for Mike Clarke have met him securities fraud, health THATCHER A. STONE left the his practice in Baltimore, 2012 bestowed by the and approve, she reports. care fraud, misappro- practice of law to start an Md., on commercial real Tampa Bay Chapter of the priation of intellectual insurance company after estate financing, leasing, Federal Bar Association property, computer fraud, and public corruption. 25 years working throughout the world as development, and restructuring. He is listed The award, named for the late U.S. District Judge, an aircraft finance lawyer. in Best Lawyers 2013 in real recognizes excellence in WILLIAM H. HINES was In 2010 he returned to the estate law. federal practice and selected to reign as Rex 2013, King of Carnival at law as a litigator focusing on aviation-related ELIZABETH TURRELL FARRAR exceptional service to the federal bar. He is listed in New Orleans Mardi Gras. matters. He is one of the reports that she had a Florida Super Lawyers 2013 The honor is a great one few AV-rated lawyers in wonderful time recon- in personal injury plaintiff: for a native New Orleanian New York City who deals necting with classmates general, and personal Justice JAMES P. BASSETT steeped in Mardi Gras tradition. In addition to with non-crash aviation personal injury for at the celebration of the capital campaign. She injury plaintiff: medical malpractice, business was sworn in as an working on the celebra- plaintiffs. enjoyed taking advantage litigation. Knopik is a Associate Justice of the tion, public service is an After several victories in of the panels, especially founding member of Supreme Court of New implicit requirement of the U.S. Courts of Appeal one on governance in Knopik Deskins Law Group Hampshire in July. He was anyone to be considered and in the District Courts, higher education, which, in Tampa. nominated by Governor for Rex. Hines serves on a Stone was named one of she writes, was interesting John Lynch, who noted number of organizations the New York area s best not only from the UVA ROBERT P. LATHAM was that Bassett would bring a and boards that benefit lawyers and has been perspective but also in named a Super Lawyer new perspective to the the region. He is managing featured in the American relation to what she s in 2012 in Texas Monthly high court, never before partner of Jones Walker Lawyer, the Wall Street seen in her hometown of magazine. having served as a judge. and a member of the Journal, and The New York Columbus, Ohio. The trip He is a partner with Bassett argued many business & commercial Times, as well as New York also provided the chance Jackson Walker in Dallas appeals to the Supreme transactions practice magazine in a supplement to see her son, Bill, who is and Houston. Court in his 27 years with group. featuring AV-rated lawyers a first-year student. UVA LAWYER / SPRING

56 CLASS NOTES TIM ST.CLAIR 83 joined Nexsen Pruet as a member practicing in the Greenville, S.C., office. St.Clair is a veteran intellectual property litigator in South Carolina and across the nation. His approach is to navigate businesses and individuals through copyrights, patents, trademarks, and trade secrets, from conception to realization and, if necessary, to dispute resolution. His practice focuses not only on litigation of IP disputes, but also on IP dispute avoidance, as well as applications, registrations, and IP portfolio strategies. JOHN E. OSBORN s article, Can I Tell You the Truth? A Comparative Perspective on Regulating Off-Label Scientific and Medical Information, which appeared in the Summer 2010 issue of the Yale Journal of Health Policy, Law, and Ethics, was cited by the majority in the United States v. Caronia (Second Circuit, 2012) in rejecting the government s prosecution of a pharmaceutical sales representative on First Amendment grounds. JOHN M. SHEFTALL is listed in Georgia Super Lawyers 2013 in estate planning & probate and in Best Lawyers 2013 in litigation-trusts & estates and trusts & estates. He is a partner with Hatcher, Stubbs, Land, Hollis & Rothschild in Columbus, where he focuses his practice on fiduciary law, including estate planning, estate administration, and fiduciary litigation MICHAEL CREHAN has joined the Metropolitan Washington Airports Authority as associate general counsel. He will work on real estate and construction aspects of MWAA s project to extend Metro to Dulles Airport and beyond. JOHN HUTSON has retired from the U.S. Army Judge Advocate General Corps and is working for the Army as a civilian attorney in Zama-shi, Japan. JOHN LASKEY has joined the Marlton, N.J., office of Stark & Stark as a shareholder. THOMAS G. MCNEILL was listed in Chambers USA, Best Lawyers, and Michigan Super Lawyers for McNeill is a member and practice department manager for commercial litigation and alternative dispute resolution with Dickinson Wright in Detroit where he focuses his practice in the areas of class action, commercial & business litigation, gaming, mergers & acquisitions, and securities. JOHN RAGOSTA appeared at the Virginia Festival of the Book on March 21 to discuss his new book: Religious Freedom: Jefferson s Legacy, America s Creed (see In Print). He also appeared at Colonial Williamsburg in April as part of their Religion Month, to discuss his first book: Wellspring of Liberty: How Virginia s Religious Dissenters Helped to Win K.C. GREEN 84 is listed in Ohio Super Lawyers 2013 in personal injury defense: products and civil litigation defense, health care. He is also listed in Best Lawyers 2013 in mass tort litigation/class actions-defendants and mass tort litigation/class actions-product liability litigation. He is a partner with Ulmer Berne in Cincinnati. the American Revolution & Secured Religious Liberty. Ragosta is currently a visiting assistant professor of history at Hamilton College in upstate New York. Last year WILLIS P. WHICHARD LL.M., S.J.D. 94 was elected one of three public members of the board of directors of the Federation of State Humanities Councils. He is a member with Moore & Van Allen in Morrisville, N.C., where he focuses his practice on appellate litigation MARK E. BAKER has opened Baker Law in Reston, Va. His practice concentrates on labor/employment and general corporate representation. REBECCA LEE WIGGS has received the Lawyer Citizenship Award from the Mississippi Bar. Among her many volunteer leadership roles, she leads attorneys and legal staff in their work for Habitat for Humanity s Women Build program and has been chair of the Red Beans and Rice Festival for Stewpot Community Services, which offers food, clothing, shelter, childcare, mentoring, and other programs to those in need. She has served on the board of New Life for Women, a secondary treatment center for women with drug and alcohol issues, and currently serves on the board of directors for the Mississippi Economic Council s M.B. Swayze Educational Foundation. Wiggs is an attorney with Watkins & Eager in Jackson, where she specializes in civil trial work. STEVE M. PHARR has been named in Best Lawyers 2013 in construction law and litigation. He is also listed in North Carolina Super Lawyers 2013 in construction law and is a North Carolina top rated lawyer in construction law. He founded Pharr Law in Winston-Salem in CHRISTOPHER J. WINTON was listed in West Virginia Super Lawyers 2012 for estate planning and probate and in Best Lawyers 2012 for his work in trusts and estates. He is the managing member of Ray, Winton & Kelley in Charleston PETER BEER LL.M. is one of six plaintiffs in Beer vs. United States, which has reached the Supreme Court. It is a claim on behalf of federal judges that seeks relief from congressional action that deprived federal judges of cost of living adjustments granted to all other federal employees. 54 UVA LAWYER / SPRING 2013

57 CLASS NOTES EILEEN BRUMBACK has Francisco Bay area, the Company in Philadelphia. in She and her team in transportation, and her been named chairman organization has initiatives She lives in Swarthmore, now provide individual management and leader- of the board for Dress and cases throughout the Pa., with her husband and and large-scale consulting ship achievements. Coyner for Success Worldwide, West. Gardner was previ- two daughters. services worldwide via most recently served an international not-for- ously with the National Naomi Beard & Associates. as chief of staff to the profit organization that Center for Youth Law. JEFFREY STANDEN has been She lives with her family in National Capital Region s provides professional named dean of the Chase Lincoln, Neb. Senior Policy Group on attire, tools for career College of Law at Northern homeland security and development, and support Kentucky University. He SCOTT C. OOSTDYK was emergency management. to help disadvantaged was previously the Van awarded the John C. She brought together women gain economic Winkle Melton professor Kenny Pro Bono Award hundreds of stakeholders independence and thrive and associate dean for by the Richmond Bar to develop a strategic plan in the workplace and in faculty at Williamette Association. He is a partner that guided the invest- life. Brumback is senior University College of Law with McGuireWoods in ment of federal homeland vice president and general LAWRENCE HATCH recently in Salem, Ore. Richmond and was se- security in transportation, counsel at GE Capital Real became managing lected for inclusion in Best emergency response, and Estate, headquartered in director of the Glenmede KENNETH WILLIAMS, profes- Lawyers 2013 in commer- terrorism prevention. Norwalk, Conn., which Trust Company, where he sor of law at South Texas cial, bet-the-company, and partners with Dress for oversees the Ohio region College of Law, has been environmental litigation. HARRY M. JOHNSON III was Success. She leads GE s for the $25 billion selected as a Fulbright awarded the John C. company-wide pro bono efforts and volunteer work independent wealth management firm. specialist and will teach U.S. Criminal Justice 1988 Kenny Pro Bono Award by the Richmond Bar for the program, and has Glenmede Trust manages and Legal System at the Association. Johnson was served on the Dress for $3 billion in assets with 25 Federal University of Bahia named a Leader in the Law Success Worldwide board professionals in its in Brazil. The Fulbright in 2012 by Virginia Lawyers of directors since Cleveland-area office. organization selects an Weekly and was elected elite group of educators chair of the board of PATRICK GARDNER is SUSAN P. LIEMER started each year to teach in governors of the Virginia president and board the Legal Writing Prof foreign countries as part Bar Association. He is a member of Young Minds Blog in 2005, which she of an effort to promote JOHN M. COOPER is listed in partner with Hunton & Advocacy Project, a continues to write with mutual understanding and Virginia Super Lawyers 2013 Williams in Richmond, not-for-profit organization colleagues. The ABA respect between the U.S. for personal injury law. He where he concentrates his he founded in 2012 that Journal included it in its and other countries. The is a founding partner of practice on environmental works to improve access list of top 100 blawgs for course will be taught for Cooper Hurley in Norfolk, litigation and trial work. to good mental health The Chicago Daily four weeks beginning in where he focuses on care for low-income young Law Bulletin also reported mid-may, which is in the personal injury law and LISA WILSON EDWARDS was people with serious needs on the blog on December winter semester for the litigation involving car, appointed in March 2011 and to reform mental 28. You can check it out students. truck, train, and motor- to serve as an administra- health systems so they at cycle accidents. tive appeals judge on the are more responsive and accountable to the young lawprofessor/legalwriting. Liemer is professor of law 1987 KELLEY COYNER was administrative review board by former Secretary people and families they and director of lawyering unanimously appointed of Labor Hilda Solis. In this serve. YMAP uses policy skills at Southern Illinois Following an almost executive director of role, Edwards serves on a analysis, program evalu- University School of Law in ten-year tenure in private the Northern Virginia panel responsible for issu- ations, legal strategies, Carbondale. practice (Milbank, Tweed; Transportation ing final agency decisions and public education to Shaw Pittman), NAOMI Commission (NVTC). for the Secretary in cases improve the mental health JENNY SHULBANK heads (WILKINSON) BEARD began Board members praised arising under a wide range system and make it more the labor and employ- providing executive coach- Coyner s long record of worker protection laws effective, particularly for ment practice group for ing and consulting to law of building regional that include environmen- youth. Founded in the San Exelon Business Services firms and their attorneys partnerships, her expertise tal, transportation and UVA LAWYER / SPRING

58 CLASS NOTES JAMES F. WILLIAMS 88 was honored with the Outstanding Mentor Award given by the King County Bar Association Young Lawyers Division in the Seattle area. Committed to helping young lawyers for years, he was one of the founders of the Washington State Bar Association s Leadership Institute, which recruits, trains, and develops attorneys in the state. Williams is a partner in the litigation practice of Perkins Coie. securities whistleblower protection, H-1B immigration provisions, and federal construction and service contracts. Previously, Edwards was an appellate attorney in the Civil Rights Division of the United States Department of Justice for 19 years. She assisted the U.S. Solicitor General in the preparation of cases litigated in the U.S. Supreme Court and advised the Assistant Attorney General for Civil Rights on positions taken by the United States in civil rights matters. From she was a Commissioner with the Human Rights Commission in Montgomery Co., Md. In 2010 Lisa served as Deputy Associate Counsel for Personnel in the Office of Presidential Personnel at the White House. She lives in Potomac with her husband, Robert H. Edwards, Jr., and their children, ages 16 and DANE H. BUTSWINKAS was inducted as a fellow into the American College of Trial Lawyers in November. Fellowship is extended only to experienced trial lawyers who have mastered advocacy and those whose legal careers reflect the highest standards of professionalism, ethics, civility, and collegiality. He is listed in Best Lawyers 2013 in commercial litigation and white-collar criminal defense and was named in Washington D.C. Super Lawyers 2012 in civil litigation defense and Chambers USA 2012 in litigation: general commercial for the District of Columbia. Butswinkas is a partner with Williams & Connolly, where he focuses his practice on trial and arbitration work. HARRY CLARK is now head of the international trade and compliance group at Orrick in Washington, D.C. DAVID N. COHAN was listed in Virginia Living as a Legal Eagle 2012 in copyright and trademark law and is named in Best Lawyers 2013 in these areas as well. He is a partner and member of the banking & finance practice group with Gentry Locke Rakes & Moore in Roanoke. LISA STEEN PROCTOR has a blog, com, where you can read about her adventures; every week for one year she and a friend aim to do something new and blog about the experiences. JAMES D. WALL was named in Best Lawyers as Greensboro Corporate Law Lawyer of the Year for 2012 and is currently listed as a Legal Elite in Business North Carolina. He is also recognized in North Carolina Super Lawyers 2013 in the areas of health care and business/ corporate law. He is a founding partner with Wall Esleeck Babcock in Winston-Salem CURTIS P. BOUNDS is listed in Best Lawyers 2013 in family law. He is a director at Bayard in Wilmington, Del. and is head of the family law practice, focusing his work on complex divorce and child custody cases. STAN PERRY has joined Reed Smith as a partner in Houston, Tex., where he is a member of the energy & natural resources industry group. He is listed in Best Lawyers 2013 in toxic tort litigation. He was previously with Haynes & Boone. RUSSELL S. SAYRE was recognized in Best Lawyers 2012 in appellate practice, commercial litigation, and litigation-banking & finance. He is listed as a Leading Lawyer in business litigation in Cincy magazine and in Ohio Super Lawyers 2013 in business litigation. He is a partner with Taft Stettinius & Hollister, where he focuses on litigation, arbitration, and dispute resolution NAILA AHMED was honored by the YWCA of Richmond as one of its Outstanding Women. Ahmed was recognized for her work in law and government and was selected based on her leadership skills, her achievements, and her commitment to improving the lives of women and children in the Richmond community. She is director of talent management at Williams Mullen, where her responsibilities include recruiting, training, and diversity. She has served on a number of boards, including St. Andrew s School, Metropolitan Business League, Richmond First Tee, and YWCA, as well as the Virginia Museum of Fine Arts Foundation Business Council. GEORGE BRAXTON is now special advisor to the director for diversity and inclusion at the Defense Contract Management Agency (DCMA). The DCMA is the Department of Defense component that works directly with defense suppliers to help ensure that DOD, Federal, and allied government supplies and services are delivered 56 UVA LAWYER / SPRING 2013

59 CLASS NOTES on time, at projected cost, MAC WARNER LL.M. works for SEAN PATRICK MALONEY was and meet all performance an INL State Department elected to the U.S. House GEORGE COLLINS 92 and requirements. DCMA contractor and is the of Representatives for New his wife, Marketa, directly contributes to the justice sector support York s 18th Congressional welcomed a daughter military readiness of the program team leader for District, defeating and first child, Julie United States and its allies the province of Bamyan in incumbent Republican Marie, on August 1. and helps preserve the Afghanistan. He has been Rep. Nan Hayworth. They reside in Prague, nation s freedom. doing rule of law work Czech Republic. for the past two years. AMY ELIZABETH STEWART has Bamyan is known for the published Texas Insurance 2001 Taliban destruction Coverage Litigation: The of the world s largest Litigator s Practice Guide, a in 2012 to update video Museum of Natural standing Buddha statues, desk reference published privacy laws. History, and enjoys vol- leaving two large empty by Texas Lawyer (see In unteering at his children s niches in the mountainside adjacent to the Silk Road Print). She is shareholder of Amy Stewart Law in Dallas, 1994 schools. He and his wife, Adrienne McCullough of Afghanistan. He and his where she represents Maxim, are proud of their team of Afghan attorneys, policyholders in commer- young UVA fans, Hampton translators, and adminis- cial insurance coverage (12) and Sophia (9). ALEXANDER M. MACAULAY is trators have taught more disputes, including insur- listed in Best Lawyers 2013 than 300 judges, pros- ance coverage litigation JOHN B. NALBANDIAN is in government relations ecutors, defense counsel, and arbitration, bad-faith listed as a leading lawyer law. He is a founding police, and Department litigation, pre-suit advice in civil litigation, business, partner of Macaulay & of Women s Affairs and negotiations, and and general law in Cincy Burtch in Richmond, Va. personnel topics, including other complex litigation BRIAN R. BOOKER is listed in magazine and in Best constitutional law, penal matters. Best Lawyers 2013 in Lawyers 2012 in appellate KEN PAXTON was elected code, criminal procedure, commercial litigation. He practice. He is a partner to the Texas Senate in elimination of violence ILIR ZHERKA is executive is a partner with Quarles & in the litigation depart- November after serving against women, gender director of the National Brady in Phoenix, Ariz., ment of Taft Stettinius & five terms in the Texas justice, juvenile justice, Conference on Citizenship, where he focuses his Hollister, where he focuses House of Representatives. money laundering, trial a congressionally chartered practice on commercial on appellate law. He was recently ap- advocacy, interrogation, organization dedicated to and professional liability, pointed vice-chair of the Senate Committee on legal writing, and ethics. increasing civic engagement throughout the U.S. real estate, securities fraud, and products liability Transportation. Paxton also serves on the Senate 1992 He previously led D.C. Vote, an organization working to KEVIN MAXIM has been ROB BELL, Delegate to Education Committee, gain full voting repre- named in Georgia Super the Virginia House of the Senate Committee on BERT GOOLSBY LL.M. sentation in Congress for Lawyers in business litiga- Representatives, is running Government Organization, recently published The Washington, D.C. residents. tion each year since 2010, for the office of Attorney the Senate Committee Locusts of Padgett County, and as one of the Top 100 General. This spring he s on Intergovernmental Relations, and the Senate a story inspired by a 1909 South Carolina Supreme 1993 Georgia Super Lawyers in 2012 and He also travelling across the state in the weeks leading up Jurisprudence Committee. Court case in a time when was recognized as one of to the Republican primary He and his wife, Angela, racial prejudice shaped As part of his work at Georgia Trend s 2012 Legal nominating convention reside in McKinney with laws and the administra- Monument Policy Group, Elite. His Atlanta-based in May. their three teenage tion of justice (see In STEWART VERDERY worked Maxim Law Firm marked daughters. His son is a Print). He is a former chief closely with David its fourth anniversary at KIRBY GRIFFIS has started sophomore at Baylor deputy attorney general of Hyman, general counsel the beginning of the blog, BriefRight, (www. University. South Carolina and former at Netflix, on legislation Kevin serves on the board briefright.com), which criminal prosecutor. enacted by Congress late of trustees of the Fernbank focuses on how to write UVA LAWYER / SPRING

60 CLASS NOTES and edit winning legal briefs. He is a partner with Hollingsworth in Washington, D.C., where he tries cases nationwide, mainly for pharmaceutical and medical device clients MICHAEL D AGOSTINO won a seat in the Connecticut State Legislature in November, running unopposed as a Democrat to fill the seat of the retiring Representative in the 91st District. TREY HANBURY recently joined Hogan Lovells as a partner in Washington, D.C. He focuses his practice on the regulatory, transactional, and policy issues affecting wireless broadband companies, such as spectrum auctions and assignments, foreign ownership, interoperability, and competition policy. He previously served as regulatory counsel for Sprint Nextel Corporation, where he represented the company before the Federal Communications Commission, the National Telecommunications and Information Administration, the Departments of Justice and Homeland Security, and Congress. When I m not geeking out in wireless land, he writes, I stay busy with my wonderful wife, Suzanna, and our two busy kids, Amelia (6) and Nate (2). LEEZIE KIM was recently appointed to the Phoenix Aviation Board for a four-year term. She is a partner in the corporate services group with Quarles & Brady in Phoenix, Ariz., where she focuses her practice on helping clients navigate the laws of national security and international business transactions as well as health care and restaurant business transactions. While serving as deputy general counsel for the U.S. Department of Homeland Security she became involved in aviation security, border entry matters, and customs issues at airports. JASON WILLIAM MORGAN is the managing partner of Drohan Tocchio & Morgan, a ten-lawyer firm on the South Shore of Boston, Mass. In 2012 Jason and his wife, Jennifer, adopted their second child from Ethiopia. They now have five children from age 3 to 21. SCOTT SUROVELL, Virginia State Delegate representing the 44th District, has been selected as political director and campaign chairman for the House Democratic Caucus. He also appeared in this year s premiere episode of How the States Got Their Shapes on the History Channel. PAUL B. TURNER has joined Reed Smith as partner in Houston, Tex., where he is a member of the energy & natural resources industry group. He focuses his practice on evolving energy and commodity markets, principally the physical and financial trading of energy commodities. He is listed in Best Lawyers 2013 in derivatives law and futures law. He was previously with Sutherland Asbill & Brennan BRIAN W. BYRD is listed in North Carolina Super Lawyers 2013 in real estate. He was selected for Best Lawyers 2013 in real estate law and land use & zoning law and was named Lawyer of the Year for 2013 in land use & zoning law. He was also listed in Business North Carolina s Legal Elite in real estate for He is with Smith Moore Leatherwood in Greensboro. NICOLE G. FITZPATRICK has been named an In-House Leader in the Law for 2013 in Massachusetts Lawyers Weekly. She is assistant in-house counsel for Akamai Technologies, Inc., a leading cloud platform that provides secure and high-performing connections for e-commerce. KEVIN W. HOLT was listed as a Legal Eagle in the area of commercial litigation in Virginia Living in He has been named in Best Lawyers 2013 in the area of commercial litigation. He was also listed in American Lawyer as a Top Rated Lawyer for 2013 in commercial litigation. He is a partner with Gentry Locke Rakes & Moore in Roanoke. TIMOTHY B. PHILLIPS has been named general counsel and chief legal executive with the American Cancer Society, headquartered in Atlanta, Ga. He heads the office of corporation counsel, where he served since 2005 as senior counsel and interim general counsel. Phillips leads a nationwide team of legal and compliance professionals to ensure that the ACS operates in compliance with laws that govern public charities. He provides strategic legal counsel to the society s board and program and operations leadership to support the mission of the nation s largest voluntary health organization. LORI D. THOMPSON was recognized by Virginia Lawyers Weekly as a 2012 Leader in the Law. She is immediate past president of the Roanoke Bar Association and currently serves as chair of the Roanoke Law Foundation, a member of the Virginia Bar Association Board of Governors, and a board member of the Virginia Poverty Law Center. She is a shareholder in the litigation department at LeClairRyan Judge BILLIE COLOMBARO (ret.), a former appellate court judge, is currently an arbitrator specializing in commercial and employment fields for the American Arbitration Association in New York. She has arbitrated solo and as chair in complex, technical matters, and has presented at dispute resolution conferences, including for the ABA. She is a member of the Chartered Institute of 58 UVA LAWYER / SPRING 2013

61 CLASS NOTES The formal investiture for ROBERT J. SHELBY 98 to the U.S. District Court for the District of Utah took place March 29. Speakers at the event included U.S. Senators Orrin Hatch and Mike Lee; local Utah state court judges Deno Himonas and James Blanch; and Richard Burbidge, local trial attorney and former colleague of Judge Shelby s from the law firm of Burbidge, Mitchell & Gross. Shelby previously was shareholder at Snow, Christensen & Martineau, where his practice focused on complex commercial litigation and catastrophic personal injury cases on behalf of both plaintiffs and defendants in state, federal, and administrative courts throughout the country. Arbitrators, where he Greensboro, where he serves on the Assessment focuses his practice on and Examination Board, commercial litigation, the ABA Advocate particularly relating to Committee, the ABA construction, contract, real Dispute Resolution estate, title insurance, and Section, the New York landlord-tenant matters. Bar Association Dispute Resolution Section, and the MICHAEL LEVY was New York City Bar. She is appointed head of the also certified as a mediator. appeals unit of the Manhattan U.S. Attorney s NEALE T. JOHNSON is listed Office. Levy had been a in Business North Carolina s member of the office s securities and commodities Legal Elite 2013 in construction. fraud task force. He joined He is with Smith the office in 2002 and Moore Leatherwood in was part of the team that prosecuted former Mayer Brown partner Joseph Collins for his participation in the $2.4 billion fraud at commodities broker Refco. He also prosecuted former N.Y. State Sen. Efrain Gonzalez, sentenced in 2010 to seven years in prison for using two non-profits to pay for his personal expenses. KEVIN T. PIGOTT has been appointed of counsel to Bean, Kinney & Korman in Arlington, Va., where he focuses his practice on commercial real estate, financing, and corporate transactions. VALERIE WAGNER LONG was selected to chair the Charlottesville Regional Chamber of Commerce s board of directors for 2013 and is listed in Best Lawyers 2013 in real estate and land use & zoning law. She is a partner at Williams Mullen, where she focuses her practice on real estate transactions and land use matters. This fall HELEN C. WAN is publishing her first novel, The Partner Track, in which a promising Chinese- American attorney on the verge of becoming a partner at a prestigious firm has to decide how to handle an incident at the firm outing that goes against her principles. Wan is associate general counsel at Time, Inc LODIE V. BIGGS has been named chair of Baker Donelson s economic development team. Biggs is a shareholder in the firm s Memphis office and frequently represents companies locating or expanding within Tennessee and other jurisdictions, including assisting companies in negotiating and securing tax and other economic development incentives for the companies investments in the community. JOSEPH S. BROWN was recently elected to partnership with Hodgson Russ in Buffalo, N.Y. He has also been elected to the New York State Bar Association House of Delegates as a representative of the Eighth Judicial District. His one-year term begins in June. He is a member of the business litigation and employment litigation practice groups at Hodgson Russ, where he focuses his practice on employment-related litigation, defending employers in lawsuits that involve harassment, discrimination, whistleblower claims, breach of contract, restrictive covenants, ERISA, and tort claims. He recently served a term as president of the Minority Bar Association of Western New York. STEPHANIE L. CHANDLER has been recognized as a rising star for 2013 in Texas Monthly. She is a partner with Jackson Walker in San Antonio, where she focuses her practice on securities transactions, reporting, and compliance; mergers and acquisitions; technology licensing and commercialization; and general corporate work. She is also head of the technology section. UVA LAWYER / SPRING

62 CLASS NOTES VINCENT E. POLSINELLI was recently elected to partnership with Nixon Peabody in Albany, N.Y., where he represents corporate clients in all aspects of employmentrelated litigation, including class actions and individual plaintiff lawsuits under Title VII, the FLSA, the ADA, ADEA, and other federal and state employment laws. MICHELLE P. QUINN has joined Berger Harris as partner in the corporate/ business entity counseling practice group in Wilmington, Del. Her practice focuses on advising clients on Delaware law concerning partnerships and limited liability companies. She was previously counsel in the Limited Liability Company and Partnership Advisory Group at Richards, Layton & Finger. RILEY ROSS opened his own law firm in Philadelphia, Pa., on March 1. The firm, Ross Legal Practice, specializes in civil rights litigation, criminal defense, employment discrimination, internal investigations, and personal injury. ANTHONY M. RUSSELL has been named in Best Lawyers 2013 in the areas of mass tort litigation/ class actions-plaintiffs, medical malpractice law-plaintiffs, and personal injury litigation-plaintiffs. American Lawyer lists him as a Top Rated Lawyer for 2013 in the areas of medical malpractice, personal injury, and legal malpractice law. He is a partner with Gentry Locke Rakes & Moore in Roanoke, Va RYAN CLINTON has been board certified in civil appellate law. He was recognized as a rising star in Texas Super Lawyers 2013, the ninth time he has been so honored, and was selected by Texas Lawyer as one of the top 25 most promising attorneys in Texas under 40. He is with Hankinson in Austin, where he represents clients in the Texas Supreme Court, the U.S. Court of Appeals for the Fifth Circuit, Texas intermediate courts, and the U.S. Supreme Court. In recent years he has handled appeals in groundbreaking oil-and-gas litigation. CHRIS CONVERSE has been named a rising star in Texas Super Lawyers 2013 in the area of business/ corporate law. He is a partner with Gardere Wynne Sewell in Dallas. LISA C. DEJACO has been selected to participate in the Bingham Fellows class of The Bingham Fellows provides leaders with opportunities to develop solutions for key community problems in Louisville, Ky. DeJaco is an alumna of the Leadership Louisville program. She is a partner with Wyatt, Tarrant & Combs, where she is a member of the litigation & dispute resolution service team. She focuses her practice on intellectual property litigation, and was listed in Best Lawyers 2013 in this area. MICHAEL P. ELKON is listed in Georgia Super Lawyers 2013 for litigation on behalf of employers. He is of counsel with Fisher & Phillips in Atlanta, where he represents management in all areas of employment law. JACQUELINE FERRELL and her husband, Chris, welcomed their second son, Elliott Dolan Ferrell, on June 21, KANDICE KERWIN HULL was selected as a recipient of the YWCA Tribute to Women of Excellence Award for The award recognizes women for their leadership as professionals and as community volunteers in central Pennsylvania. Hull is co-chair of the Pennsylvania Bar Association s Legal Service to the Public Committee and a member of the Pennsylvania, Dauphin County, and Lebanon County Bar Associations. She has made significant contributions to pro bono legal work as pro bono coordinator for her law firm. A member of McNees Wallace & Nurick in Harrisburg, Pa., Hull practices in the litigation, appellate and post-trial, and transportation, distribution, and logistics groups. DANIEL RAVICHER was named Appellate Lawyer of the Week by the National Law Journal in November. He teaches at Benjamin N. Cardozo School of Law and is executive director of the Public Patent Foundation, a nonprofit legal services organization that fights bad patents and bad patent policy. SAHEEN SHEIK-SADHAL welcomed her second child on December 30. Shamsher Aashiq joins her happy big sister, Samiyah Rumi. ANDREW MCCANSE WRIGHT is an associate professor at Savannah Law School, where he teaches criminal law, criminal procedure, and courses on separation of powers, criminal theory, and national security law. He recently served in the Office of White House Counsel with a focus on congressional oversight and national security DONALD C. LEGOWER has been promoted to partner at Dechert in Philadelphia, Pa., where he is a member of the litigation practice and focuses on consolidated and class action litigation SARAH ERICKSON ANDRE was recently elected to partnership with Nixon Peabody in Los Angeles, Calif., where she is a member of the 60 UVA LAWYER / SPRING 2013

63 CLASS NOTES she focuses her practice JASON HEEP is partner at Europe; Andrea Hamilton BERND J. HARTMANN LL.M. 02 on branding, advertising, Gardere Wynne Sewell in 03 is also practicing has been appointed full and promotions issues. Dallas. Heep represents competition law there. professor at Osnabrueck clients in complex He writes that the thing University. He teaches commercial litigation, that was the most painful constitutional law, adminis- with a specific focus on to give up in the move was trative law, European Union environmental litigation his black, big-block V-8. law and law & economics. and insurance coverage They tax those things out Even though it is yet to be litigation. of existence here. Now published, his latest book on he drives a tiny 4-cylinder public tort law has already AARON S. HULLMAN has Peugeot. Please look me won two academic prizes. been promoted to counsel up when you re nearby in Osnabrueck University is famous for its European AMANDA P. REEVES has been with Latham & Watkins in Brussels, Paris, Amsterdam, Legal Studies Institutes, which rank among the most elected to partnership Washington, D.C., where or London, or shoot me important research institutions on comparative law with Latham & Watkins in he represents private eq- a line and say how you re in Europe. Hartmann notes that the University s Washington, D.C. She is a uity firms and companies doing. location is no surprise, as the Westphalian Peace member of the antitrust & in transactional and cor- Treaty ending the Thirty Years War was signed in competition practice porate matters, including BRENDAN STUHAN has beautiful Osnabrueck in group within the litigation mergers and acquisitions, moved to Washington, department. Her special- joint ventures, and private D.C., to become senior ties are the application of equity financings. associate counsel with the antitrust laws to the BlueCross BlueShield commercial litigation and STEPHEN GALOOB is finishing high- technology ROSCOE JONES JR. is Association. international disputes his Ph.D. in the jurispru- industries and the health moving to Seattle to be groups. She concentrates dence and social policy care industry. an Assistant U.S. Attorney CHRISTOPHER S. TURNER has her practice on commer- program at University of in the criminal division been promoted to counsel cial litigation involving intellectual property, California, Berkeley. In the fall he will join the faculty 2003 of the Western District of Washington. Previously, with Latham & Watkins in Washington, D.C., where sovereign immunity, at the University of Tulsa he worked in the U.S. he focuses his practice contracts, labor disputes, College of Law, where Department of Justice, on complex commercial civil rights, and interna- he will teach criminal as an Appellate Attorney, litigation, particularly on tional property claims. law, torts, professional Special Counsel to the securities fraud investiga- responsibility, and law & Assistant Attorney General tions and litigation. In February 2011 PAUL philosophy. in the Civil Rights Division, H. DELANEY III joined the Senate Committee on and Special Assistant U.S. Attorney for the District of 2004 Finance as international ANDREW G. BESHEAR has Columbia. He also served trade counsel, where been appointed to the as counsel and then senior CORBAN ADDISON discussed he advises ranking Louisville Arena Authority counsel to the Chairman his recent book, A Walk member Orrin G. Hatch, Board of Directors by the of the U.S. Senate Judiciary Across the Sun, which the Republican Finance mayor of Louisville, Ky. Committee. delves into the crisis in Committee Senators, Beshear is a member with international human Republican leadership, Stites & Harbison, where ANDREAS STARGARD left trafficking, at the Virginia and other Republican NICOLE M. MURRAY was his litigation practice Washington, D.C. for Festival of the Book in Senators and their staff recognized as a 2013 rising includes general litigation, Brussels, Belgium, to join Charlottesville in March. on trade, investment, and star in Illinois Super administrative law, Paul Hastings as partner in international economic Lawyers. She is a partner in antitrust defense, the antitrust and competi- issues. He married Meghan the intellectual property environmental law, and tion group. He reports that E. Giulino on April 14, group with Quarles & professional liability UVA Law is well repre- 2012, in Washington, D.C. Brady in Chicago, where defense. sented in the heart of UVA LAWYER / SPRING

64 CLASS NOTES JONATHAN ALTSCHUL joined DUNCAN JOSEPH MOORE has 2005 Fox Rothschild as a partner been promoted to partner After almost five in the Los Angeles office. at Latham & Watkins in years at Ritch Mueller, Altschul represents a range of high-profile Los Angeles, Calif., where he focuses his practice on DIEGO BLANCO CARRILLO LL.M. 06 started his clients in a variety of obtaining and defend- own law firm, Blanco complex transactions. ing project-siting and Carrillo. The firm s main He serves as a steadfast environmental approvals practices are mergers & advocate to some of the for major infrastructure, acquisitions, securities, industry s major recording energy, and development real estate, and general artists, actors, writers, and projects. JAMIE L. LISAGOR has joined corporate law. Mexico is a hot market for many producers, negotiating Pacifica Law Group in international investors, and Diego offers his clients deals and agreements, SARAH K. MORGAN has been Seattle, Wash., as an high-quality services at reasonable rates. On the including talent, devel- made partner at Vinson & associate in the appellate personal front, his second baby boy, Patricio, was opment, sponsorship, Elkins in Houston, where and trial litigation group. born on November 20, in perfect health. advertising, content she focuses her practice on license, distribution, capital markets, mergers film finance, publishing, management, and and acquisitions, private equity, and advising public composer agreements. and private companies on Altschul also guides his governance and general JOHN DOYLE and his wife, ERIK RAVEN-HANSEN reports clients to resolution in a corporate and securities Joan Flint, are expecting that all is well as a fifth- range of highly conten- matters. She was recog- their fifth child in October. year associate at Baker tious disputes. nized in Texas Monthly as a KATHLEEN L. MATSOUKAS was Hostetler in Washington, Texas rising star for elected partner with Barnes & Thornburg in 2007 D.C., where he focuses his practice on antitrust, Chicago, Ill., where she is a international, and govern- member of the litigation ment contracts litigation. department and the New York law practice group. JILLIAN OWENS has joined She concentrates her Loeb & Loeb as an practice on commercial associate in the trusts and NUALA E. DRONEY was litigation, internal and estates department in recently elected partner ALLISON ORR LARSEN was governmental investiga- New York. with Robinson & Cole in honored with a 2012 tions, securities, and Hartford, Conn., where she is a member of the William & Mary Alumni Association Fellowship white-collar defense matters. HOWELL O REAR has started the law firm McInteer & 2009 litigation section. She Award, which is given to O Rear in Nashville, Tenn., focuses her practice on younger members of the J. LEONARD TETI II has been where his practice will KATHERINE BEURY now complex litigation in faculty who are particu- made partner in the tax focus on the music industry works as an associate at federal courts, including larly outstanding as department at Cravath, and health care litigation. Rhodes, Butler & Dellinger antitrust, patent, trade teachers. She teaches Swaine & Moore in New He will continue to assist in Roanoke, Va. secret, trademark, unfair constitutional law, York City. He focuses clients in developing trade practices, fraud, and administrative law, and his practice on advising enforcement procedures to SARAH COPELAND is contract disputes. Droney statutory interpretation clients on the tax aspects protect their intellectual engaged to marry Ryan O. is recognized as a rising courses at the William & of complex mergers and property rights. Dean, a graduate of UVA, star in Connecticut Super Mary Law School. She acquisitions, spin-offs, on May 25. Lawyers 2013 in business completed her under- private equity transac- litigation. graduate degree at tions, and bank financing. William & Mary. 62 UVA LAWYER / SPRING 2013

65 CLASS NOTES ALAN WONG 08 recently joined the Young Professional Advisory Board of the Bethesda Project, an organization that serves homeless and needy men and women throughout Philadelphia, Pa. He is an associate in the business and finance department of Kleinbard Bell & Brecker, where he focuses on corporate and transactional matters, including mergers and acquisitions, debt and equity financings, venture capital transactions, joint ventures, commercial contracts, employment agreements, corporate restructurings, entity formation, and general corporate counseling. As Assistant Commonwealth Attorney for the city of Hopewell, Va., she prosecutes misdemeanors and felonies, writes appeal briefs, and serves on juvenile justice, domestic violence, and sexual assault committees. ELISABETH CUSTALOW, (Individuals prosecuted Assistant Commonwealth for domestic violence Attorney for the city of are often investigated Hopewell, Va., was recently for animal abuse as well.) named executive director From an early age she has of Four Feet Forward, an been a passionate animal organization that advocate, escorting bugs coordinates with nonprofit out of the house and animal advocacy organizations to provide pro bono schoolyard bullies. She protecting animals from assistance from professional consultants in Legal Defense Fund clerked with the Animal various fields. following Law School. Charlottesville, where he practices business and intellectual property law ANDREW B. STOCKMENT received the Emerson G. Spies Award from the Virginia Bar Association Young Lawyers Division, which recognizes enthusiasm, loyalty, and dedication to the work of JESSICA CHILDRESS has been the VBA. He co-chairs the elected to the VBA Young Lawyers Congressional Black Division Communications/ Caucus Foundation s Publicity Committee and is Alumni Network board of editor-in-chief of Opening directors as the chairman Statement, the VBA Young of the scholarship Lawyers Division newsletter. committee. She will serve He also serves on the a two-year term. The VBA Intellectual Property Congressional Black and Information Caucus Foundation, Inc. is Technology Law Section a nonprofit, nonpartisan Council as the Young public policy, research and Lawyers Division educational institute that Representative. Stockment aims to help improve the is an associate at Lenhart socioeconomic circumstances Obenshain in of African JORDAN E. MCKAY 10 and CRYSTAL SHIN 10 were married on September 2, 2012, in Charlottesville. Americans and other underserved communities. Childress is an associate in the litigation department of Morrison & Foerster in Northern Virginia. As a member of the employment and labor group, she focuses her practice on litigating employee mobility, trade secret, non-competition, whistleblower, and retaliatory discharge cases. Prior to joining Morrison & Foerster, she served as a law clerk for the Honorable Alexander Williams Jr. in the U.S. District Court for the District of Maryland. CARLTON GAMMONS has been appointed as an Assistant U.S. Attorney in the major crimes division of the U.S. Attorneys Office for the Middle District of Florida. ZHUO DAVID HUANG received the Lawyers Alliance for New York s 2012 Cornerstone Award honoring outstanding pro bono legal services to nonprofits on November 13. He provided extensive assistance to Exponents, Inc., a community-based nonprofit that provides training and services to underserved and difficult to reach populations who deal with addiction and health-related problems. Huang and his colleagues helped with the legal aspects involved in Exponents establishing a for-profit center that offers UVA LAWYER / SPRING

66 CLASS NOTES Your Alumni Career Network The best way to fuel your career path is by building relationships and exploring options, whether you are a new graduate or considering a major life change. The Law School hosts an Alumni Career Network (ACN a group of alumni volunteers who will provide career, life-stage, or general advice to Law students and fellow alumni. We welcome your participation on both sides of this service as a volunteer and/or as a resource. The ACN is not a job-posting/seeking database. To join the Alumni Career Network, visit and look for the Alumni Career Network link in the bottom left corner. training for counselors and counseling services for substance abuse. He is an associate with Paul, Weiss, Rifkind, Wharton & Garrison. SARA KLAYTON was named a Rising Star in employment & labor law in Washington, D.C., Super Lawyers She practices at Bailey & Ehrenberg. SERGE MARTYN recently joined Snell & Wilmer in Tucson, Ariz., as an associate in the commercial litigation group, where he concentrates his practice in commercial litigation. He was previously with Davis Polk & Wardwell in London. Emily 11 and BRIAN WELLS had a son, Gray Foster, born March 28 at 6:18 am in New York City KYLE S. BAIRD has joined Vorys, Sater, Seymour and Pease in Cleveland, Ohio, where he is an associate in the litigation group. CHARLES HARRIS has joined Hunton & Williams in Richmond, Va., as a member of the health care group. He was previously with Christian & Barton. RICHARD J. BALAZS has joined Vorys, Sater, Brian 10 and EMILY WELLS Seymour and Pease in had a son, Gray Foster, Columbus, Ohio, where he born March 28 at 6:18 am is an associate in the tax in New York City. and probate group. SHAUN J. BOCKERT has joined Blank Rome in Philadelphia, Pa., as an associate in the intellectual property group. He was previously with the Philadelphia Law Department, where he was a fellow in the intellectual property division. MARK MCBRIDE has joined Lane Powell in Seattle, Wash., as an attorney in the litigation practice group. He is secretary to the board of directors of the Washington State Bar Association s sexual orientation and gender identification legal issues section, which supports understanding among WSBA members of the legal needs of gay, lesbian, bisexual and transgendered residents of Washington State. CASSANDRA A. MENDOZA has joined Porter Wright in Columbus, Ohio, as an associate in the corporate department, where she focuses her work on residential and commercial real estate and general business matters, including corporate formation, reorganization, and securities compliance. She is also a member of the health care group. JOEL SANDERSON is working with Inherit Your Rights, a pilot project in northern Tanzania. According to the project s Web site, in rural Tanzania, widows are extremely vulnerable to abuse; under customary law, when a man dies, his wife inherits nothing, unless she is childless and there are no other living relatives. The man s children are his rightful heirs. However, if the children are too young to assert their rights, the man s family often takes advantage of the situation, and expels the widow and her children from the family land. These women, alone and with no means of supporting themselves or their children, need both legal representation and practical assistance. Inherit Your Rights operates micro-enterprise projects to assist the women of the region with their immediate needs, and hopes to open a legal-aid clinic, focusing on probate and property law. DANIEL WATKINS has joined Williams Mullen as an associate in the litigation department in Richmond, Va. 64 UVA LAWYER / SPRING 2013

67 IN MEMORIAM Baxley T. Tankard 38 Franktown, Va. January 26, 2013 James F. Brown III 50 Charleston, W.Va. December 15, 2012 Robert G. Tallman 54 Allentown, Pa. February 2, 2013 Robert T. Lincoln 63 Montville, N.J. January 1, 2013 Gerald A. Feffer 67 Washington, D.C. February 13, 2013 Francis H. Heller 41 Denver, Colo. January 9, 2013 Charles E. McDowell 50 Alexandria, Va. November 25, 2012 H. Warren Knight III 55 Newport Beach, Calif. November 15, 2012 Edwin P. Munson 63 Richmond, Va. February 4, 2013 George W. Mayo, Jr. 73 Bethesda, Md. November 27, 2012 John B. James 46 Virginia Beach, Va. October 26, 2012 John Thorpe Richards 50 Alexandria, Va. March 30, 2013 Nathan S. Lord 57 Louisville, Ky. January 1, 2013 Jesse B. Wilson III 63 Purcellville, Va. November 20, 2012 T. Kennedy Helm III 74 Louisville, Ky. March 15, 2013 Phil B. Harris 47 Greenfield, Tenn. February 13, 2013 Kenneth C. Crawford 51 San Antonio, Tex. November 18, 2012 William J. Cox 58 Fredericksburg, Va. November 2, 2012 John W. Jackson, Jr. 64 Novato, Calif. January 6, 2013 James L. Whitehurst 75 Portsmouth, Va. February 7, 2013 William B. Hopkins 47 Roanoke, Va. December 11, 2012 Robert L. Teeter 51 Harrisonburg, Va. July 16, 2012 Friedrich K. Lutz 58 New York, N.Y. September 19, 2011 James L. Jenkins 64 Richmond, Va. January 26, 2013 Brenda Farr Engel 78 Princeton Junction, N.J. December 21, 2012 Walter H. Beaman, Jr. 48 Jupiter, Fla. January 9, 2013 Floyd C. Jennings, Jr. 48 Birmingham, Ala. July 5, 2004 John P. Lacy 48 New Harbor, Maine February 17, 2013 Malcolm Yeaman Marshall 48 Louisville, Ky. November 14, 2012 Glen M. Williams 48 Jonesville, Va. November 4, 2012 Clark M. Whittemore, Jr. 49 Greenwich, Conn. December 15, 2012 Bruno Baratta 52 Oyster Bay, N.Y. February 25, 2013 Albert W. Evensen 52 Kaneohe, Hawaii December 24, 2012 Billups P. Percy 52 Covington, La. January 18, 2013 Richard D. Sears III 53 Aiken, S.C. November 18, 2012 George G. Snarr, Jr. 53 Virginia Beach, Va. January 9, 2013 M. T. Bohannon, Jr. 54 Chesapeake, Va. March 14, 2013 Paul R. Muller 58 Savannah, Ga. November 15, 2012 James J. Cromwell 59 Potomac, Md. October 30, 2012 Herbert G. Hyman 60 New Haven, Conn. December 27, 2012 William H. Izlar, Jr. 60 Atlanta, Ga. December 22, 2012 John S. Papa, Jr. 62 Bristol, Conn. December 14, 2012 Murray J. Janus 63 Richmond, Va. January 26, 2013 Clifton A. Woodrum III 64 Roanoke, Va. February 19, 2013 Ralph E. Lawrence 65 Norfolk, Va. March 3, 2013 Anthony L. Montagna, Jr. 65 Norfolk, Va. October 17, 2012 Martin E. Simmons, Jr. 65 Nashville, Tenn. February 13, 2013 James T. Schollaert 66 Arlington, Va. February 17, 2013 Robert E. Warner 66 Honolulu, Hawaii January 10, 2012 Marjorie Manning Rutherford 78 Raleigh, N.C. December 9, 2012 Murray Merle Schwartz 82 Hockessin, Del. January 11, 2013 William J. Cornelius 84 Jefferson, Tex. November 19, 2012 Ben F. Overton 84 Gainesville, Fla. December 29, 2012 Steven D. Ashford 90 San Pedro, Calif. January 28, 2013 Joseph T. Doyle 90 West Chester, Pa. December 18, 2012 UVA LAWYER / SPRING

68 LETTER TO THE EDITOR Field of Patents I read with much interest your very good patent article in the most recent UVA Lawyer, and sent the professors mentioned a short history of my own exposure to the field of patents. I graduated from Virginia Law many decades ago (1972) and did not become interested in patents until relatively recently. After retiring from the FDIC in 2002, I pursued other interests and ended up earning a BS in electrical engineering from George Mason University. I thought the Patent Office might be a good place to put the JD and BSEE to work. I only lasted about six weeks in the patent examiner training program, however, before concluding that I would be on the bottom rung of an organization and system in serious need of repair. For one thing, I was destined for the field of so-called business methods patents, and it took only a brief exposure for me to say, These things just ain t right. So I moved on. But I was intrigued enough by the everything under the sun that is made by man approach to patentability that I started and maintain a website focused on business methods patents and more generally on the possible limits of Section 101 s four patent-eligible categories: process, machine, manufacture, or composition of matter. On the website, I summarize some of the patents issued each week in the 705 classification category where most business process patents are found and decisions of the Patent Trial and Appeal Board (formerly the Board of Patent Appeals and Interferences) concerning Section 101 issues. In view of my FDIC and financial consulting background, my patent summaries are primarily of patents in the financial area. David S. Holland, 72 Alexandria, VA [Editor s Note see In Print for information about Mr. Holland s book, How the Information Age and the Computer Have Undermined Capitalism, and Socialism Too.] 66 UVA LAWYER / SPRING 2013

69 IN PRINT NON FICTION Creating Money: How the Information Age and the Computer Have Undermined Capitalism, and Socialism Too David S. Holland 72 CreateSpace The rocky state of the world s economies in has been blamed on several things: mortgages granted to unqualified buyers, the use of new financial instruments and strategies understood by few, and financial insurance products with odd names like credit default swap. In this book, David Holland argues that the main cause of the financial crisis (from which we have not yet fully recovered) has been much more basic: the financialization of the economy through the use of computer technology. In the Industrial Age, economic systems were based on money as a scarce commodity, but now, in the Information Age, money can be created in an instant in the form of intangible assets and different kinds of debt, all with the aid of ever faster computers. The world s political and economic systems are still having serious trouble adjusting. David Holland was formerly a policy and financial analyst with the Federal Deposit Insurance Corporation. Of Thee I Zing: America s Cultural Decline from Muffin Tops to Body Shots Laura Ingraham 91 with Raymond Arroyd Threshold Editions/Simon & Schuster Walk through an American shopping mall, and chances are you will witness an array of sights that indicate the downward slide of American culture: an overweight 50-year-old in tight pants and a tube top, a teenage boy wearing jeans three sizes too large, couples at restaurants talking on their cellphones to people who are somewhere else. Laura Ingraham takes it all in and warns us that the debt crisis and international instability aren t all we have to worry about; our own culture is in trouble with a capital T. Ingraham s sharp-witted and humorous commentary takes aim at a culture in which Facebook and text have become verbs, and reading books is an unusual pastime; unusual baby names are going beyond creative into the realm of the peculiar; and weddings last longer than some marriages. The list of possible examples seems endless. Odds are no matter where you live you could add new entries while going about your day. It s high time, she warns, for America to begin its cultural recovery. Laura Ingraham is conservative political commentator and radio host and former litigator. This is her fi fth book. Religious Freedom: Jefferson s Legacy, America s Creed John Ragosta 84 University of Virginia Press In Religious Freedom: Jefferson s Legacy, America s Creed, historian and lawyer John Ragosta gives readers a new perspective on Thomas Jefferson, the First Amendment, and the idea of religious liberty in the United States. Jefferson believed that free thought and political freedom would be at risk if the government did not stay out of church and church out of government. Until Supreme Court Justice William Rehnquist challenged reliance on Jefferson s ideas, there had been near consensus on this issue in the Supreme Court. In recent times others have spoken out in favor of more government involvement with religion. Ragosta explains how and why the First Amendment was adopted, and shows that though Jefferson advocated a clear separation of church and state, he never sought completely secular public life for the nation. The author delivers a strong defense of Jefferson s advocacy for strict separation of church and state and takes a close look at Jefferson s own religious ideas, revealing how the man s own religious beliefs were at the heart of his views on religious freedom. Religious Freedom: Jefferson s Legacy, UVA LAWYER / SPRING

70 IN PRINT America s Creed examines a key idea in American history in a way that helps us better understand current debate regarding church and state in the United States. John Ragosta is currently a visiting assistant professor of history at Hamilton College in upstate New York. Texas Insurance Coverage Litigation: The Litigator s Practice Guide Amy Elizabeth Stewart 92 Texas Lawyer Books Texas Insurance Coverage Litigation: The Litigator s Practice Guide is a desk reference for Texas litigators who handle an occasional insurance coverage lawsuit or confront occasional insurance questions in the context of their litigation practice. With a focus on third-party liability policies and related litigation, this book includes legal analysis, practical tips, and annotations specific to Texas and Fifth Circuit practice. It mainly deals with representation of policyholders, due to the fact that the insurance industry tends to use coverage counsel for litigation of coverage disputes. Readers will find clear explanations of a range of crucial topics, including how to navigate an insurance policy, nuts and bolts of commercial general liability, professional liability errors and omissions, cyber and privacy liability, and issues involving jury selection, as well as legal analysis, practical tips, and useful forms. Amy Stewart s law firm, located in Dallas, represents corporations in disputes with their insurance companies. Worse Than the Devil: Anarchists, Clarence Darrow, and Justice in a Time of Terror. Dean A. Strang 85 University of Wisconsin Press In 1917 a bomb exploded in a Milwaukee police station, killing nine officers and a civilian. Though the responsible party was never found, the police, the press, and the public rushed to the conclusion that the criminals were Italian. Soon, 11 alleged Italian anarchists went to trial on unrelated charges. With a backdrop of World War I and growing fear and hatred of radical immigrants, an unfair trial ensued. The Italians were convicted, even though they had not been charged with that particular crime. Clarence Darrow managed to lead an appeal that gained freedom for most of those convicted, though his methods in doing so were found to be suspect. Meticulously researched, Worse Than the Devil points out weaknesses in our legal system that continue today as courts administer criminal justice to both newcomers and outsiders. The conflict and debate involving issues of civil liberty, immigration, radicalism, and terrorism are just as urgent in the American legal system today. Dean Strang is a criminal defense lawyer and adjunct professor at the law schools of the University of Wisconsin and Marquette University. Ike s Bluff: President Eisenhower s Secret Battle to Save the World Evan Thomas 77 Little, Brown and Company The 1950s are often thought of as a prosperous but boring decade, and the president associated with that time as a quiet, dull man who stood watch over a peaceful time. But as Evan Thomas reveals in Ike s Bluff, Eisenhower was a genius at manipulating key figures to achieve his aims, calculating his strategy like the brilliant bridge and poker player he was. He was canny and confident and could be ruthless, yet he possessed the moral courage to be a model peacekeeper. Finding himself in a position to annihilate the enemy with nuclear weapons during the dangerous early days of the Cold War, he used them to bluff instead, despite the warnings from his generals that first strike was the only path to survival. It was a high-risk maneuver, but it worked brilliantly. The author used diaries, including one kept by Eisenhower s physician, and newly declassified papers to delve into Eisenhower s life and give a new perspective on the subject. The balance that Thomas achieves between Eisenhower the public servant and Eisenhower the man is, in my opinion, as close to the mark as we are likely to see, writes Eisenhower s son, John. An astute, thoroughly engaging portrayal, notes Kirkus Reviews. Ike s Bluff is an insightful study of one of the world s most underrated leaders. Evan Thomas teaches writing and journalism at Princeton and is a frequent commentator on TV and radio. He was editor-at-large of Newsweek until UVA LAWYER / SPRING 2013

71 IN PRINT FICTION Day of Doom David Baldacci 86 Scholastic This sixth and final book in the popular children s series, The 39 Clues: Cahills vs. Vespers, begins with the kidnapping of seven members of the Cahill family. A shady organization known as the Vespers demands a list of ransoms from around the world, and thirteen-year-old Dan Cahill and his sister, Amy, set out on a global treasure hunt to meet the demands and keep their family safe. As they deliver the last ransom, hoping that their family will be released, the two realize that all their labor has only led them to a final, deadly turn. They have become pawns in a plot to harm millions of innocent people, as the Vespers stop at nothing in their attempt to take over the world. Dan, Amy, and their friends scramble to stop Vesper One in the nick of time. David Baldacci and his wife, Michelle, founded the Wish You Well Foundation, which works to promote literacy. Leaving Tuscaloosa Walter Bennett 72, LL.M. 86 Fuze Publishing Set against a tense, sweltering Alabama backdrop in 1962, the year before Bull Connor turned Birmingham s fire hoses on civil rights protesters and the Ku Klux Klan bombed the 16th Street Baptist Church, this story follows the paths of Richeboux Branscomb, a white teenager, and Acee Waites, a black cook in a popular burger joint in Tuscaloosa. One night, after leaving the grill, Richeboux and his friends ride through a black neighborhood. As they approach a leader of the black community on a dark road, one of the boys takes aim and hits the man with a raw egg. Instead of just taking it, the man runs after them, his face twisted in both anger and fear. In that moment, a thoughtless prank spirals into a compelling tale of black and white. Through the events that follow, Richeboux and Acee to get to know each other as people, despite the fact that they came from different worlds. Bennett s sharply etched fiction was inspired by his experiences growing up in the South. The novel, his first, was a 2010 finalist for the Bellwether Prize (now the PEN/Bellwether Prize for Socially Engaged Fiction). Walter Bennett has a real gift for capturing time and place, and an absolute genius for creating his larger-than-life yet totally believable characters, writes noted Southern writer Lee Smith. Leaving Tuscaloosa is deeply moving, disturbing, haunting, and important. Walter Bennett is a former lawyer, judge, and law professor living in Chapel Hill, N.C. He is a native of Tuscaloosa. The Locusts of Padgett County Bert Goolsby LL.M. 92 Alondra Press Tobias Erscan, a black tenant farmer in the Deep South in the early 1900s, touches the shoulder of Lily Cato, a white music teacher and choir director, and unwittingly sets off a firestorm of reaction. He is accused of assault with intent to ravish. Citizens of the town demand justice and seek the death penalty, their racial prejudice stoked by the local newspaper and the Ku Klux Klan. Andrew Beauchamp, the criminal prosecutor for the case, sets about to prosecute Erscan for a capital crime. Though he feels some ambivalence about whether Erscan deserves the death penalty, he is more concerned with his reputation in the town and his chances in the coming elections, and so he refuses to plea bargain the charge to a lesser crime. He thought this would be the easier way out at least for him but he didn t anticipate that his self-serving choice would lead to awful consequences for both Erscan and himself. The powerful story told in The Locusts of Padgett County was drawn from a legendary court case from Bert Goolsby is a former Chief Deputy Attorney General of South Carolina and criminal prosecutor. UVA LAWYER / SPRING

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73 OPINION Save the World with Collaborative Leadership By Jeff Walker, McIntire 77 [editor s note this article first appeared in the Huffington Post in March] Want to save the world? One way to do it is to learn how to collaborate. Last June, the president of the University of Virginia, Terry Sullivan, was fired. It was a big mistake a decision made in haste by some trustees who failed to think through the consequences of their action. Many of us who love UVA were appalled. We could have just stood by, complaining to one another. Instead, we took action. Thousands of students, alumni, faculty, administration, and staff stood up together and sent a single, clear message: Bring her back! Ten days later, Dr. Sullivan was returned to office. Today UVA is healthier than ever before, with an unprecedented array of constituents working together to mold a new and even more vibrant institution. That s the power of collaboration. For decades, well-meaning people and organizations struggled to solve the problem of malaria in Africa, which killed more than a million people a year, half of them children under the age of five. Hundreds of millions of dollars were spent without much to show for it. Then a group led by several key parties, including Ray Chambers, the UN Secretary General s Malaria Envoy, pulled together a coalition of businesses, local governments, multi-lateral organizations, universities, UN agencies, foundations, non-profits, and individuals to lead the effort. Now malaria deaths in sub-saharan Africa have fallen from 1.2 million a year to approximately 550,000, with the goal of zero deaths by 2015 realistically within reach. Collaboration made it happen. Are these success stories one-offs, unique and impossible to duplicate? Not necessarily. Today the art of collaboration is being studied by a number of universities as well advisors such as the consulting firm FSG. With today s desperate need for new models for higher education, collaboration among faculty, alumni, administration, boards, staff, community, and students is more critical. They re discovering that large-scale social change comes from better cross-sector coordination rather than from the isolated intervention of individual organizations. In other words, collaboration may be the key to making the world a better place. Even more important, successful collaboration isn t just a happy accident. It s the result of specific factors that can be recognized and duplicated. They include: 1. Agreement on a simple, measureable goal that everyone can understand and rally around. The global malaria initiative, for example, rallied supporters around the goal of cutting deaths from malaria through the use of insecticide-treated bed nets. By contrast, some of those concerned about global warming have succeeded only in scaring millions of people without providing them with clear, actionable steps to take. 2. Leadership from an honest broker. In the malaria case, it was Ray Chambers, a trusted individual known and respected throughout the world health community. The role of honest broker requires someone with a managed ego, good listening skills, passion for the cause, a large network, and a history of collaborative successes. Business leaders in search of a second career are often great candidates, while politicians, academics, and physicians rarely qualify. 3. Commitment from a small number of key organizations. Other organizations will fall in line once the coalition has five or six credible participants. 4. A small group of individuals who provide the collaborative glue of continual communication. For malaria, a small office team was established to track the collaboration s goals, flag problems, and focus senior-level attention where necessary. Where can you find such people? During my tenure as an executive in residence at the Harvard Business School (HBS), I got to know many UVA LAWYER / SPRING

74 OPINION MBAs who want to work on the big issues of the day, from education and health care to global warming and human trafficking. I also met numerous alumni building second careers in which their goal is to help the world. These two groups, at opposite ends of their careers, are natural collaborators, and schools like HBS offer a perfect venue for them to find one another and support projects. 5. A measurement and evaluation system to keep the project on track. The African Leaders Malaria Alliance publishes a progresstracking chart that 42 African leaders and their health ministers review every four months. Some of the world-changing collaborative efforts already under way include the SUN movement to improve nutrition in 33 countries operating in 33 states to support children from cradle to career; the MDG Health Alliance, working to reduce child deaths by half and maternal deaths by two-thirds; and the Oceans Legacy Project, setting up protected fisheries to provide environmentally sustainable food resources. Each of these partnerships is a multi-stakeholder collaboration attacking issues that no one group can solve alone. The opportunities for collaborative problem-solving in today s world are almost unlimited. Here are some that are crying out for attention: University Governance. With today s desperate need for new models for higher education, collaboration among faculty, alumni, administration, boards, staff, community, and students is more critical. Yet some university boards are clinging to old, for-profit and chairman/ceo-driven governance models that don t work well in multi-stakeholder environments. Could an Office of Collaboration led by an honest broker help ensure that collaborative opportunities in the schools are maximized? U.S. and Local Governments. Politicians and civil servants can t solve our biggest challenges on their own. Who are the honest brokers that can pull together key multi-stakeholder collaborations to tackle problems like energy, health care, and education? How do we apply these strategies to the village, towns and cities of the world? The United Nations New Millennium Development Goals. With the current goals set to be accomplished by the end of 2015, the UN and the Brookings Institute are now working to set new goals for post-2015 implementation. Whil e the current debate is what these new goals should be, shouldn t there also be a discussion about successful models that can be used to achieve them? The malaria effort offers an example from which we can learn. Creative Investment in Social Enterprises. I m involved in New Profit, an organization launched by 40 families to connect donor knowledge and networks with New Profit s active management experience. It enhances the odds of success of nonprofits as shown by its involvement in Teach for America, the KIPP Schools, Year Up and many others. How can this collaborative model be used to attract even more resources to the social enterprises that are tackling some of today s biggest challenges? We still have a lot to learn about how to create long-lasting, cross-cutting, highly effective collaborations. New models are being devised and tested every day. But there s no doubt that collaboration will be key to the future survival and success of humankind. Today would be a great day for you to join us all. Jeff Walker, walkerjc1@gmail.com, is an active philanthropist who brings his collaboration, venture capital, and management skills to the social enterprise space. He is particularly focused on global health; scaling social enterprises; mind development; bringing music to kids; education and creativity. He has co-authored a book called The Generosity Network that is being published in September. He is on numerous non-profit boards and has been on numerous for-profit boards, was exec in residence at the Harvard Business School (HBS) focused on social enterprise and was a lecturer at the Harvard Kennedy School. For 25 years he was CEO and co-founder of JPMorgan Partners, JPMorgan Chase s $12 billion global private equity group; vice chairman of JPMorgan Chase; and chairman of the JPMorgan Chase Foundation. He holds an MBA from the Harvard Business School and a BS from the University of Virginia s McIntire School of Commerce. 72 UVA LAWYER / SPRING 2013

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