Emory Lawyer | Spring 2013 by Emory University School of Law

lawyer

spring 2013

Complex Litigation: Emory’s Leading Players also inside

• Mary Dudziak Joins Faculty • Emory Law’s “Evangelist”

Reunion Weekend 2012

ore than 200 Emory Law alumni returned to campus last fall for Reunion Weekend. Make your plans now to join us Sept. 27 – 29 for our 2013 Reunion Weekend.

Vice Dean Robert B. Ahdieh Associate Dean for Marketing and Communications and Chief Marketing Officer Susan Clark Associate Dean for Development and Alumni Relations Joella Hricik Interim Editor Jennifer Bryon Owen Contributors Frank S. Alexander Abdullahi Ahmed An-Na`im Holly Cline Ralph Ellis Maria M. Lameiras Alison Law Terri McIntosh Jennifer Bryon Owen Celeste Pennington Susan Soper Art Direction/Design Winnie Hulme Photography Johnny Hanson, Robert Hill, Caroline Joe, Russell S. Kaye, Gary Meek, Allison Shirreffs, Glen Triest Photographic, Don Trout Photography, Kristen Somody Whalen Cover illustration Brian Stauffer About Emory Lawyer Emory Lawyer is published biannually by Emory University School of Law and is distributed free to alumni and friends. Produced by the Office of Marketing and Communications Contact us Send letters to the editor, news, story ideas and class notes to communications@emory. edu or contact Susan Clark, Associate Dean for Marketing and Communications and Chief Marketing Officer, Emory University School of Law, 1301 Clifton Road, Atlanta, GA 30322; 404.727.0055. ©2013 Emory University School of Law. All rights reserved. Articles may be reprinted in full or in part if source is acknowledged. Change of address: Send address changes by mail to Office of Development and Alumni Records, Emory University, 1762 Clifton Road, Plaza 1000, Atlanta, GA 30322. Email: Communications@law.emory.edu Website: www.law.emory.edu

spring 2013

features

Winning in a High-Stakes Arena

Emory Law alums revel — and excel — in complex litigation.

by Holly Cline

Time Is of the Essence by jennifer bryon owen and susan soper

Professor Mary L. Dudziak uses the past to illuminate the

most pressing problems of our day.

15 War in All Its Aspects

by Terri McIntosh and jennifer bryon owen

Emory Law becomes a pioneer in the practical study of the law of war.

Professionals Embrace Legal Education

by Jennifer Bryon Owen

Innovative program expands the knowledge of law.

An EPIC Responsibility

Student-run organization stresses public service law.

by Alison Law

Perspective

20 How to Win Friends, Open Up State Government

and Make Your Case

by Ralph Ellis

Georgia attorney general adds more transparency to government.

21 Finding the Perfect Niche

Alumna’s unique practice stems from personal interests.

22 Emory Law’s “Evangelist”

by Celeste Pennington

by Maria M. Lameiras and Terri McIntosh

Chair brings fervor to his advisory board role.

departments 2

Dean’s View

3 In Brief

24 Building a 21st-Century Curriculum

by jennifer bryon owen

Noted scholar leads enhancement of student education.

Class Notes

In Memoriam

Faculty Voices

Giving Back

dean’s view

Shaping Civil Society

our involvement with Emory Law School helps make it a continuing leader in faculty and student engagement in the discourse and resolution of contemporary conflicts shaping civil society. Whether the locus of conflict is the battlefield, the juvenile justice system or the marketplace, Emory lawyers use their skills to promote just outcomes. This academic year we have seen a remarkable number of projects and events that bear witness to this engagement.

This fall we inaugurated our Project on War and Security in Law, Culture and Society, directed by our new faculty colleague Mary L. Dudziak, Asa Griggs Candler Professor of Law. Professor John Fabian Witt of Yale Law School offered an inspiring lecture drawn from his recent book, Lincoln’s Code: The Laws of War in American History. We learned how Lincoln reshaped the law of armed conflict by commissioning legal codes to control and justify the conduct of the Union Army during the Civil War and to legitimate Lincoln’s Emancipation Proclamation. Even with new rules in place, war remained ugly and brutal, but leaders felt compelled to channel this human conflict and make it marginally more consistent with humanitarian ideals. The impact of “Lincoln’s Code” stretched far beyond this American conflict, informing the development of the International Humanitarian Law that applies to armed conflict today. That role for law in regulating violence is in place as lawyers sit next to combat officers engaged in drone targeting to ensure that laws of war are observed. Our International Humanitarian Law Clinic works with the military to develop and implement principles for governing these kinds of nontraditional conflicts. Closer to home, juvenile law defines punishments for youth whose behavior breaches social boundaries, even while the law recognizes the humanity in each child. The Barton Child Law & Policy Clinic has led the efforts in Georgia to update the juvenile code to reconcile these concerns for the defendant as an offender against society

emory lawyer

and as a child, not fully formed and always capable of redemption. In the marketplace, as well, law mediates the relationship of debtors and creditors in times of financial distress. Bankruptcy law rests squarely on the principle that debtors should be held accountable, yet they must be provided means by which to amend their financial accounts. A legal path for their lawful forgiveness is defined in a special code, aiming to offer a fresh start, but not a head start, to the debtor. Emory Law long has been a leader in the bankruptcy area, as exemplified by our Emory Bankruptcy Developments Journal and our new bankruptcy faculty member, Rafael Pardo, the Robert T. Thompson Professor of Law. Thus it is fitting that it was a bankruptcy case, Bullock v. BankChampaign N.A., in which the studentrun Emory Law School Supreme Court Advocacy Project achieved its first grant of certiorari from the United States Supreme Court. Law allows a society to achieve its highest aspirations. Law also provides a framework for structuring and rationalizing, if not always taming, our responses to harsh social realities. In so doing, law provides a means for reconciling our divergent goals. At Emory Law, our faculty study law in situations of profound conflict, and our students use their knowledge to effect positive social transformation, long before they graduate. On March 18, when the Supreme Court calendar is called for the case brought by our Emory students and the attorneys announce their arguments with the customary salutation, “May it please the Court,” we, certainly, will be pleased. We are confident that you will be pleased too.

Robert A. Schapiro Dean and Asa Griggs Candler Professor of Law

in brief

Dean Schapiro Meets Alumni across the Country

Last year, Schapiro began his road trip with an October reception at the Houston home of Sharon and Allan Diamond 79L (l.), then moved on to Dallas, Washington, New York City and Miami.

mory Law School Dean Robert Schapiro is on the road again, traveling across the country to meet with alumni and discuss with them the opportunities that lie ahead for Emory Law. Following a successful tour in 2012, Schapiro began the new year with visits to New Orleans, Los Angeles and San Francisco. Boston lies ahead in 2013, as do the following stops: Feb. 11 Orlando Feb. 12 Tampa March 6 Miami March 7 Philadelphia March 12 Savannah April 4 Denver April 23

Chicago

Alumni interested in attending an event may register at www.law.emory. edu/alumni.html.

spring 2013

in brief

Dean Robert Schapiro (r.) addresses alumni during the 2012 Reunion Weekend panel discussion.

Political Polarization Creates Roadblock

eaching across the aisle isn’t quite as simple as extending a hand, not when you’re talking about politics. But bipartisanship is a rarity in the ever-polarized halls of Congress, and that’s leading to bitter conflict and legislative gridlock. So said the current and former legislators who met to discuss this overarching political problem as part of the Reunion Weekend panel, “Polar Opposites: The Challenge of Governance in a Time of Political Polarization.” The panel included the Honorable Sanford D. Bishop Jr. 71L, U.S. Congressman for the 2nd District of Georgia; the Honorable Elliott H. Levitas 52C 56L, former U.S. Congressman for the 4th District of Georgia; the Honorable Sam A. Nunn Jr. 62L, former U.S. Senator for Georgia; and Georgia Attorney General Sam S. Olens 83L. Also joining the panel was Tom S. Clark, associate professor of political science, Emory University with joint appointment to Emory Law. The Honorable M. Yvette Miller 88L, presiding judge of the Georgia Court of Appeals, moderated. “We are almost in a death spiral in politics,” Clark said. “The extremes are creating the agenda and driving the middle away.” When asked about Washington’s political climate, Nunn said that it appears the situation has worsened since his time there. “We had furious arguments, but we respected each other,” he said. “We would always try to find a way to govern.” Political parties, however poorly they operate, are valuable because they allow a diverse government to adequately express itself, Levitas said. 4

emory lawyer

“Without them, we’d have a chaos of diverse voices,” he said. “The parties focus these voices on the issues.” He went on to say that the nation cannot work without compromise, a sentiment strongly supported by the other panelists. “One of the greatest dangers we face today to our republic is an attitude of no compromise in governance,” he said. Nunn agreed, noting that the U.S. Constitution was forged because the Founding Fathers knew they had to reach a compromise in order to make progress. But finding that middle ground is possible only if political leaders forge solid connections with their peers, inside and outside of their particular parties, Bishop said. “You’ve got to have a personal relationship with your colleagues,” he said. “It’s not a Republican solution, not a Democrat solution, but an American solution.” Bishop believes that the coming year is, politically, one of the most important, and Congress must rise to the occasion. But a solution to the problem could be a long time coming. “I don’t see anything that will fix the gridlock in a structural way,” said Clark. “I expect to see equal if not more polarization, especially with more moderates leaving.” To view the complete discussion, go to www.youtube.com/ watch?v=AYXpFp4lgXU.

Check Us Out Online

2013 grant from the Center for Community Progress awarded to the Center for the Study of Law and Religion’s Project on Affordable Housing & Community Development brings the total of grants given to the project during the last four years to more than $1 million. The Center for Community Progress, co-founded in 2009 by Professor Frank Alexander, Sam Nunn Professor of Law, with Dan Kildee, U.S. congressman from Michigan’s 5th district, is the only national organization dedicated to helping towns, states and regions across the United States reintegrate vacant, abandoned and blighted properties into the economic and civic life of their communities. Beginning in 2010, the center has made annual grants supporting this work, part of which has included state legislation to enable local governments to create land bank authorities. State land bank legislation was enacted in New York in 2011 and in Georgia, Missouri and Pennsylvania in 2012. This legislation was drafted by Alexander, Leslie Powell 09l and Sara Jane Toering 06l, and these grants have made it possible for Toering to work full time for the center.

EM O RY LAW FACU LT Y SCHO LAR SHI P

Grants to Affordable Housing Project Surpass Million Mark

Emory Lawyer, the publication for Emory Law’s 10,000 alumni, can be found online at www.law.emory.edu/ alumni/alumni-magazine.html. Emory Insights, the twice-yearly publication featuring the scholarly research of Emory Law faculty, is online at issuu.com/emorylaw/docs/ fall_2012_emory_insights/1.

insights

fall 2012

When is wartime? Why does it matter? Mary L. Dudziak says traditional assumptions do not match contemporary experience.

ALSO INSIDE

• Timothy Holbrook on Patent Law • Jonathan Nash on Law and Economics • Teemu Ruskola on Chinese Law

Georgia Court of Appeals Holds Session at Emory Law

hen the Georgia Court of Appeals heard three oral arguments at Emory Law last fall, students not only had the opportunity to observe the appellate court process, they also had the chance to see two esteemed Emory Law alumnae in action. Presiding Judge Yvette Miller 88l and Judge Elizabeth Branch 94l were joined by Judge William Ray on the panel. Judge Miller was appointed to the Court of Appeals by Gov. Roy Barnes in 1999, making her the first AfricanAmerican woman and the 65th judge on the court. She has been re-elected statewide without opposition for two six-year terms and was unanimously selected by her fellow judges to serve as chief judge for two terms, making her the first African American woman to serve in the position. Miller is the recipient of numerous awards and recognitions for professional achievements and public service, including being named one of “Georgia’s Top 50 Influential Black Women” by Georgia Informer from 1991 to 2008. Elizabeth “Lisa” Branch 94l was appointed to the Court of Appeals of Georgia last summer by Gov. Nathan Deal and sworn in last fall. Prior to this appointment, she was a

partner in the litigation department at Smith, Gambrell & Russell llp in Atlanta, where her practice focused on commercial litigation and government affairs. Presiding Judge Yvette Miller 88L (c.) and Judge Elizabeth Branch 94L were From 2004 to joined by Judge William Ray. 2008 Branch was a senior official in the administration of President George W. Bush, serving as associate general counsel for rules and legislation in the U.S. Department of Homeland Security and then as counselor to the administrator of the Office of Information and Regulatory Affairs at the U.S. Office of Management and Budget. Among her numerous professional affiliations is membership in the State Bar of Georgia’s Appellate Practice Section. She was recognized as one of Georgia’s Super Lawyers 2012.

spring 2013

emory lawyer

Winning in a High-Stakes Arena Emory Law alums revel — and excel — in complex litigation. by Holly Cline

n the site of a Civil War battleground, in a charming century-old bed-and-breakfast, the legal team created its own command post, taking over all seven rooms and filling the living room with 40 Bankers Boxes and a raft of medical records that spanned 6 feet on the floor. After four years spent crisscrossing the country, taking dozens of depositions and filing more than 150 claims, J.B. Harris 84l and his compatriots were prepared for a major battle against R.J. Reynolds Tobacco Co. The number of hours, the relentless barrage of motions from the defendant, the sheer volume of paperwork, the unpredictability of the outcome — this kind of case would send many a qualified attorney running for the hills. But Harris isn’t intimidated by such a workload. He loves taking on the big guys. And he wouldn’t trade it for all the open-and-shut cases in the world. “I can’t think of anything else I’d rather be doing,” he says. Joining Harris in the excitement and savvy of the complex litigation world are fellow alums Reuben Guttman 85l and Chilton Varner 76l. Harris, Guttman and Varner don’t work together, but they share an appreciation for the complicated nature of their cases, whether they’re taking on the dangers of tobacco, fighting discrimination against refinery workers or defending The Coca-Cola Company and its secret syrup. “Every case presents a new set of facts and sometimes new areas of law,” Guttman says. “A background rich in diversity is a virtue as it enables me to think broadly about creative applications of the law to new sets of facts.” Says Varner, “It requires teamwork, dedicated personnel, clear procedures and safeguards, and a bright-line understanding of who does what. I also have a competitive streak, which makes me determined to tame the sprawling workload that comes with such cases.”

Harris believes a successful plaintiff mass tort attorney has to possess a healthy disrespect for the status quo, the courage to fight for the rights of individuals and pursue social justice in the face of overwhelming odds and a willingness to hold corporations accountable. “Nothing in this line of work is ever easy,” he says.

Fighting big tobacco

Harris’ connection to the tobacco case actually began as early as the 1990s, while he was specializing in mass tort litigation for Motley Rice llc and representing victims of airplane crashes, train accidents and other major disasters. During that decade, the firm’s principal, Ron Motley, was known for representing numerous states’ attorneys general in suits against the tobacco companies, seeking reimbursement of public expenditures used to cover health care costs of ill and dying smokers. In 1998, a group of 46 states forced a historic settlement against Philip Morris Inc., Brown & Williamson, Lorillard Inc. and R.J. Reynolds that required the cigarette companies to repay Medicaid costs and annuities to each state and fund anti-smoking campaigns aimed at young people. In December 2006, the Florida Supreme Court upheld a jury’s findings in the case of Engle v. Liggett, affirming that cigarettes are addictive and that smoking causes a host of diseases, from aortic aneurysm to lung cancer. The jury also found that cigarette manufacturers had, for decades, fraudulently concealed from the public the dangers of smoking. With this court opinion, Harris saw the opportunity to join the fight against big tobacco. “The court decertified the class and opened the door for thousands of class members to file individual suits against the cigarette manufacturers within one year of the court’s mandate,” he says. “I joined nearly 100 lawyers in Florida who were suing big tobacco on behalf of individuals or

spring 2013

“Whenever I see corporate negligence in the mass tort arena, I can’t get out of bed fast enough.” — J.B. Harris 84L their families for smoking-related illnesses or death caused by nicotine addiction.” More than 8,000 plaintiffs filed individual claims against the tobacco companies in both state and federal courts in Florida. Harris filed 159. “I have no qualms about suing large corporations for selling dangerous and defective products to an unsuspecting public,” says Harris, who has practiced law for 28 years. “Whenever I see corporate negligence in the mass tort arena — where companies subvert safety for profits and injure innocent customers who are precluded from making informed decisions — I can’t get out of bed fast enough.” Harris is now considered one of the leaders in pursuing

injury and death claims against the cigarette manufacturers, cases that are extremely labor-intensive and can take years to go to trial. It was for in such case, Emmon Smith v. R.J. Reynolds Tobacco Co., that Harris set up the war room in the bed-and-breakfast and took or defended more than 50 depositions over a four-year period. His team questioned more than 600 prospective jurors, who were difficult to find in conservative, tobaccofriendly Jackson County, Fla., and hired experts in the fields of addiction and cigarette advertising and history and design. He suffered through two judges, five continuances and one mistrial. The courthouse clerk said this was the largest case they had ever handled. In the end, Harris’ tenacity paid off: His team obtained a $27 million verdict against R.J. Reynolds Tobacco. It was the largest single verdict in Jackson County history. “We never gave up,” says Harris.

Blocking the EPA

Forks, orthodontic braces, hip-joint replacements — all made with radioactive metals. That’s what could have happened in the late 1990s as a result of the Department of Energy’s agreement with BNFL Inc. to recycle as much as 110,000 tons of contaminated metal taken from the Oak Ridge, Tenn., nuclear weapons facility. This did not sit well with Guttman, a Washington, D.C.based attorney who filed suit against Secretary of Energy Bill Richardson to block the recycling and distribution of these metals. “I learned about the National Environmental Policy Act in Professor Arthur’s course on environmental law and knew that this was a federal action, which could have potential impact on health or the environment,” he says. “This would mandate an environmental impact “We look at the case from statement.” In pursuall sides. We look at good ing the case, facts and bad facts.” Guttman searched through — Reuben Guttman 85L copious documents for an environmental impact statement or a decision against assembling one. Neither could be found. “I filed suit in the U.S. District Court for the District of Columbia against the secretary of energy,” he says. “When I sought discovery in the case, the Department of Justice, representing the Department of Energy, argued that this was an action under the Administrative Procedures Act and therefore, while I was entitled to a record, I was not entitled to discovery.” Guttman argued successfully that because the government had failed to develop a record, he was entitled to the

emory lawyer

discovery necessary to develop one. He took depositions, including one from the assistant secretary of energy, and secured documents. “The judge ultimately found that the entire project was troublesome. A public interest group took out a quarterpage ad in The New York Times quoting the judge,” Guttman says. “There was even a ‘Boondocks’ comic on the subject of the case.” The secretary of energy canceled the project. Now director at Grant & Eisenhofer in D.C., Guttman heads the firm’s whistle-blower practice. He has served as counsel in some of the largest

Preserving the secret

The recipe for Coca-Cola is a heavily guarded secret, said to be stashed in a vault in the company’s Atlanta headquarters. Varner hasn’t cracked the code, but she did help defend the company in a class-action suit brought by more than 100 independent bottlers. The bottlers were challenging the price and composition of Coca-Cola syrup. Once a court certified the class, Varner’s team launched into 12 years of litigation that included three separate trials. “In the end, the trial court found that the bottlers had not suffered any actual damages,” she says. “The general counsel of The Coca-Cola Company observed that an adverse outcome would have irrevocably changed, and “Complex litigation requires teamwork, perhaps destroyed, dedicated personnel, clear procedures the Coca-Cola bottling system.” and safeguards, and a bright-line This is just one understanding of who does what.” of the bellwether, multistate cases that — Chilton Varner 76L Varner has tried during her 30-year recoveries under career in complex litigation. the Federal False In September 2011, she successfully defended drug comClaims Act, including U.S. ex rel. Johnson v. Shell Oil Co., pany Merck against allegations that the company’s osteo33 F. Supp. 2d 528 (ed Tex. 1999), which recovered more porosis drug, Fosamax, caused osteonecrosis of the jaw. than $300 million from the oil industry. He also repreAnd she has helped defeat certification of state and national sented one of the six main whistle-blowers who said Pfizer classes of Paxil consumers who sought to sue manufacturer Inc. tried to entice doctors to promote and prescribe drugs GlaxoSmithKline for fraud and personal injury. for unapproved uses. Pfizer settled in 2009 for $2.3 billion. “Much of my practice is in the area of tort liability for Even before filing a case, Guttman’s team engages in manufacturers — everything from automobiles to pharmaintense investigation, retains experts and prepares as if a ceuticals,” says Varner, a partner at King & Spalding in trial is imminent. Atlanta. “Many law students complain about civil proce“We look at the case from all sides. We look at dure being boring, but a deep familiarity with the civil rules good facts and bad facts. We assume the court will see and how they can be used to advantage is indispensable in the entirety of the case,” Guttman says in an article, complex litigation.” “Frontloading the Case: Theme & Theory in False Claims Varner credits her success in complex litigation to disciand Fraud Litigation.” “We develop theories for the case pline, organization and a true team effort. and a theme, which allows the decider of fact to ‘get it.’” “Pretrial administration of complex cases is an art in Guttman also uses social media and other web-based itself. Periodic team meetings and conference calls are resources to enhance his work. To that end, he founded essential, as are regular status reports and updates,” she whistleblowerlaws.com, which provides information says. about “qui tam” lawsuits that allow whistleblowers to seek As a result of her success as a litigator, Varner was damages on behalf of the government. He has a Listserv elected president of the American College of Trial Lawyers, of more than 200 lawyers who share information about a members-only group that recognizes leaders of the bar whistle-blower and civil rights cases. He also blogs for The who operate at the highest levels of professionalism, ethics Global Legal Post and uses Twitter and YouTube. and civility. One of her primary focuses as president is to Though his practice focuses on the most complicated of encourage young lawyers to pursue their work within a cases, Guttman can boil it all down to the simple idea that framework of high ethical standards. first piqued his interest in the field: Complex litigation can help people. Although their practice areas differ widely, all three attor“The ability to try a case in court levels the playing field neys agree that complex litigation cases require creativfor those without power or resources to vindicate their ity, organization, tenacity, ambition — and a whole lot of rights,” he says. patience. “The stakes are high,” says Varner.

spring 2013

Time Is of the Esse

emory lawyer

Emory Law’s new faculty member uses the past to illuminate the most pressing problems of our day. by Jennifer Bryon Owen and Susan Soper

nce

Mary L. Dudziak thinks that to get to the heart of a matter — in law and in

scholarship — it can be helpful to start at the edges. To understand domestic law, she looks to its global impact; to understand contemporary war, she looks to its past. It is often at the borders between inside and outside, past and present, that we can more fully see the nature of the core.

spring 2013

Dudziak’s career has proceeded a bit like her way of thinking. She didn’t follow a straight path to law school and academics, but instead wanted to be a writer. In order to write, she needed to learn about the world. A commitment to social justice led her to work in the disability rights movement. The movement’s effort at legal reform inspired her to go to law school. And then her law and graduate work led her right back to writing. Today, Dudziak (pronounced du-jäck) is a renowned legal historian and author. She seeks to have an impact on social policy in her writing, but her approach is to question the way problems are thought about. Her most engaging scholarship comes not simply from the conclusions she draws, but from reconceiving essential questions. Dudziak arrived at Emory last summer from the University of Southern California, where she was the Judge Edward J. and Ruey L. Guirado Professor of Law, History and Political Science. She is now Asa Griggs Candler Professor of Law and director of the newly created Project on War and Security in Law, Culture and Society. A graduate of Yale Law School with a PhD in American studies also from Yale, she clerked for Judge Sam J. Ervin III, of the 4th U.S. Circuit Court of Appeals, and began her teaching career as a professor of law at the University of Iowa. She has also served as the John Hope Franklin Visiting Professor of American Legal History at Duke Law School and as the William Nelson Cromwell Visiting Professor of Law at Harvard. “Mary is one of the leading legal historians in the United States today and perhaps the most preeminent of her generation,” says Robert Schapiro, dean and Asa Griggs Candler Professor of Law. “Her pathbreaking scholarship coupled with her strong devotion to teaching and engagement in vital matters of public concern make her a wonderful addition to our faculty. Her appointment builds on our existing strengths in international law and terrorism and in national security law, including our International Humanitarian Law Clinic.

“Also, she brings to the faculty an impressive and inspiring record of grant-funded research, including a fellowship from the Guggenheim Foundation. She offers an array of professional contacts through her leadership, scholarship, and energy to initiate new programs and interdisciplinary opportunities.” Dudziak’s scholarship has been supported also by fellowships from the American Council of Learned Societies; Membership in the School of Social Science, Institute for Advanced Study, Princeton; and the Law and Public Affairs Program at Princeton University. Her 2012 book, War∙Time: An Idea, Its History, Its Consequences, addresses a contemporary conundrum: Why do we think of war as temporary, confined to time-limited “wartimes,” when American military engagement is persistent? Dudziak’s starting point is to focus on time itself, since wartime, on its own terms, is a temporal concept. We tend to think that wartime is always followed by peacetime, and therefore an essential aspect of wartime is that it is temporary. The assumption of temporariness becomes an argument for exceptional policies, such as torture. She notes that those who cross the line during war sometimes argue “that circumstances deprive them of agency; their acts are driven or determined by time.” If wartime is actually normal rather than exceptional time, she says, “then law during war must be seen as the form of law we usually practice, rather than a suspension of an idealized understanding of law.” War·Time draws upon anthropology to show that ideas about time are specific to cultures, and not trans-historic. The book draws upon the numerous “small wars” in American history to show the way U.S. military engagement is continuous rather than episodic. Iconic wars like World War II often drive American thinking, but even World War II was not contained within tidy boundaries, as President Franklin Delano Roosevelt took action as commander in chief well before the Japanese attack on Pearl Harbor. There is a consequence to the prevalent idea that the American war experience is confined to limited “wartimes”:

“The American people, largely isolated from the impacts of war, are not politically engaged on this issue, but leave war to the experts. This enhances executive branch autonomy, leaving us without an effective political check on the war power.” — Mary Dudziak, War·Time 12

emory lawyer

“the American people, largely isolated from the impacts of war, are not politically engaged on this issue, but leave war to the experts. This enhances executive branch autonomy, leaving us without an effective political check on the war power.” Dudziak began considering the way historical study informs contemporary war politics because people asked her to. Her most difficult speaking invitation was in October 2001. The nation was reeling from the September 11 terrorist attacks, and a special panel was assembled at the American Studies Association annual meeting to reflect on it. Dudziak didn’t know what to say. But eventually, in the early hours the morning of the panel, the words simply came on their own. “Sometimes I think that September 11 is the longest day in American history,” she wrote. “Its sun arcs slowly across the sky, casting discordant shadows upon the earth. We long for this day to end. Then we might see a clearer pattern among the stars.” At the time, some argued that it would be decades before historians would have anything meaningful to say about September 11. Dudziak argued that this event and its impact were too important for scholars to stay on the sidelines. Her remarks became an essay, “The Duty of the Living,” and her call for scholars to engage the contemporary crisis became a motivation for her own work. Dudziak was born into a family of scientists — father a nuclear physicist, one sister a hydrogeologist, another a neuropsychologist. Turning away from science to the humanities and social sciences was her form of teenage rebellion. She called herself a feminist from the age of 16, participated in her first protest as a high school senior and wrote a column of political satire for the Dos Pueblos High School paper. At the same time, she was deeply engaged with the arts. She performed in children’s theater when growing up in Santa Barbara, Calif. At the University of California, Berkeley, Dudziak played a leading role in a musical comedy her senior year. And she is likely the only law professor today to have reprised the 1960s Philip Morris bellhop for a college production. But it was her interest in civil rights that landed her a summer internship at the American Council on Education in Washington, D.C. There, she worked on the implementation of Section 504 of the Rehabilitation Act of 1973, which extended civil rights to persons with disabilities in federally funded programs, including higher education. When she returned to Berkeley, she worked on the committee charged with implementing Section 504 on the campus. After Dudziak graduated with highest honors in sociology in 1978, her work on disability rights issues enabled her to get a job working for Judith Heumann, a leader in the disability rights movement. “I saw it all at the ground level when sit-ins and nonviolent direct action were in full swing,” she says. “I had one of the most fabulous jobs a young person could have.”

Project Finds Home

The Project on War and Security in Law, Culture and Society

ith such an interdisciplinary approach to her own education, Mary Dudziak saw Emory Law and its numerous resources within the law school and across campus as a fitting home for The Project on War and Security in Law, Culture and Society. This project stems from the premise that the study of law and war is necessarily an interdisciplinary inquiry. The project will unite scholars in law, political science, human rights and history, as well as other areas at Emory, to examine the issues from a larger perspective. The Project was launched in October with a lecture by John Fabian Witt, Allen H. Duffy Class of 1960 Professor of Law at Yale Law School. As a scholar, one of Dudziak’s key goals in creating the Project is to bring new work on war in political science, history, anthropology, cultural studies and other fields more directly to bear on the study of law and war. “If we are in the midst of a paradigm shift, Emory can be a place where fields converge to illuminate the way a new understanding of war and conflict affects law and policy,” says Dudziak. “Emory University as a whole is a terrific fit for this project due to significant interest in war in the political science department, as well as strength in human rights and the law of armed conflict in the law school, history department and other programs. While many American law schools have developed important programs focused on legal and policy issues related to war and national security, a full understanding of the intersection of law, war and security requires a broader canvas.” This will be done through the project’s deeply interdisciplinary workshop series and related courses and ongoing scholarly programs.

Because of her writing skills, she was asked to edit an amicus curiae brief in the first Section 504 case to be heard in the U.S. Supreme Court. The experience helped her understand how law could be a tool for social change. That’s when law school became her next step. Dudziak says Yale Law School offered the most expansive interdisciplinary curriculum, but she felt she needed more than that. Her work in the disability movement was often driven by immediate needs such as drastic funding cuts in services to disabled people when California voters passed Proposition 13, a limitation on property taxes. She felt that she needed to understand the big picture, the vision of justice underlying social change efforts. This was impossible when managing a crisis. And she felt that a legal education would not provide her with the broader

spring 2013

“I wanted to give legal history a more dynamic presence.” — Mary Dudziak

understanding she yearned for. So, even though putting herself through school, she applied to graduate school and eventually earned a PhD in American studies from Yale. It was a summer public interest law position that led to some of her early scholarship. As an intern at the American Civil Liberties Union national office, she was asked to do historical work for continuing litigation in the original desegregation case, Brown v. Board of Education. She became interested in the way Topeka, Kan., where the Brown case was filed, came to terms with its role in what was considered the American dilemma. “The history of desegregation in Topeka is fascinating and complicated,” says Dudziak. The local school board voted to desegregate before Brown because they thought segregation was not an American practice. “This was a curious statement, in part because it expressed an understanding of what was ‘American’ and defined a long-standing American practice as being outside the boundaries of American conduct.” After Brown, during the Cold War years when the House Un-American Activities Committee was investigating alleged subversives, the concept of un-Americanism used in the civil rights context played out on the broader political stage. This eventually led to a question for Dudziak that she was determined to answer: Why did Brown take place during the McCarthy Era? Why were some civil rights expanded at the same time that others were repressed? The U.S. Department of Justice amicus curiae brief in Brown provided a clue. It argued that U.S. race discrimination was criticized around the world and undermined U.S. relations, especially with nations emerging from colonialism. Her research ultimately led her to archival records of the State Department that document in detail the way American civil rights crises harmed the American global image and the way American presidents from Truman through Johnson believed that they needed to make progress on civil rights to win the Cold War. This research led to her first book, Cold War Civil Rights: Race and the Image of American Democracy, published in 2000 and widely assigned in college courses. Having studied the way American civil rights law was affected by its global impact, Dudziak turned next to the role of one American lawyer, Thurgood Marshall, in global constitutional development. Marshall was lead counsel in Brown and became the first African American Supreme Court justice. One of the highlights of his life was his role as constitutional advisor to Kenyans as they sought independence in the early 1960s. Dudziak uncovered the 14

emory lawyer

story through research in Kenya, England and the United States. Her book Exporting American Dreams: Thurgood Marshall’s African Journey was published in 2008. Dudziak also has published two edited collections: September 11 in History: A Watershed Moment? (2003) and Legal Borderlands: Law and the Construction of American Borders (2005), co-edited with Leti Volpp. She is also a blogger, creating the “Legal History Blog” in 2006, which is now the “go to” online site for legal history. “I wanted to give legal history a more dynamic presence. And I wanted to make the work of legal historians more accessible to people in other fields,” Dudziak says. She stepped down from the “Legal History Blog” in 2012 but continues as a contributor to the prominent constitutional law blog, “Balkanization.” This academic also finds her voice in the classroom, and asking her to choose a favorite between writing and teaching, she says, is like asking which child a parent loves more. Teaching, for her, is gratifying when she sees students grow, even though sometimes they are unhappy about having been pushed to do so. Last fall she taught a class in foreign relations law and this spring is teaching the first-year constitutional law class and a seminar and colloquium on War and Security in Law, Culture and Society. Although interdisciplinary in her scholarship, she likes teaching traditional “black letter law” classes, such as constitutional law, that relate to her scholarship. Dudziak’s next book is an account of the impact of war on American law and politics that explores war and militarization across time, rather than within discrete wartimes that often structure American histories. Under contract with Oxford University Press, the book’s working title is How War Made America: A Twentieth Century History. She hopes to change the way Americans think about war. Dudziak is passionate that the American people should be politically engaged with decisions about the uses of U.S. military force around the world. She sees this as the only effective check on presidential unilateralism. “Our constitution proceeds from ‘we the people,’ and we’re supposed to be the bedrock.” Many scholars complain that Congress has let its role in declaring war atrophy, leaving us without a political check on presidential power. But for Dudziak, the ultimate responsibility lies with the people themselves. “Congress won’t be engaged if the people aren’t engaged,” she insists. “And how can we act as a check if we aren’t actively involved?” www.law.emory.edu/faculty/faculty-profiles/mary-l-dudziak.html

War in All Its Aspects Emory Law becomes a pioneer in the practical study of the law of war. ranks, emphasizes the law of war throughIn 2009 Emory Law alumnus out the curriculum. John M. Dowd 65L invited his close friend Blank and her students conduct legal John F. Kelly, then a two-star general in the research for Marine Corps University and U.S. Marines, to visit his alma mater. Kelly help instructors incorporate the law of war delivered a couple of lectures, had coffee into course materials for Command and with faculty members, dined with students Staff College, the graduate program for and, at a gathering in the dean’s home, intermediate-level officers. Blank guest lecmet Laurie Blank, founder and director of tures at the university, which reciprocates Emory’s International Humanitarian Law by sending officers to Emory Law each Clinic. spring to spend a week in the International The meeting was transformative. Kelly Humanitarian Law Clinic. connected Blank with Marine Corps Blank is among the nation’s experts University in Washington, D.C., and Emory in this body of law, which has existed has become a pioneer in the practical study since earliest recorded history but largely of the law of war. This growing relationship provides research opportunities for Emory law students and faculty, gives the Marines a new perspective and helps inform the national understanding of the U.S. military. “Education is the key,” says Dowd, who served as a Marine captain in the Judge Advocate General’s Corps and now is a leading criminal litigator for Akin Gump in Washington, D.C. “The idea is to break down the wall of ignorance around the subject of warfare. Connecting these two great institutions — the American university and the U.S. Marine Corps — is enlightening, and it Laurie Blank, center, works with students in the increases the public’s confidence International Humanitarian Law Clinic. in the military.” “It’s beneficial on all sides,” escaped popular and academic attensays Blank. “If I want to write about a tion until after 9/11. Under her leaderbody of law, I need to talk with the people ship, Emory’s International Humanitarian making the decisions. For many in the Law Clinic partners with criminal tribumilitary, it’s helpful to talk with people who nals, the U.S. military, nongovernmental are coming from a different angle. This organizations including the International interchange makes for a much more robust Committee of the Red Cross, and law engagement with the law.” firms around the world. Only a few other In military circles, the law governing academic legal clinics do this kind of work, conduct during combat is known as the she says. law of war or the law of armed conflict. In The IHLC grew out of Blank’s work as academe, it’s called international humania research assistant to Professor Charles tarian law. Its purposes are to protect Shanor, who began teaching a seminar in civilians during war, prevent unnecescounterterrorism following 9/11. Blank sary suffering and help facilitate effective wanted to teach a class on international military operations. The Marine Corps humanitarian law, which is her area of University, the branch’s graduate-level war expertise, and he saw an opportunity college providing specialized education to to expand the law school’s offerings by prepare Marines for leadership at different

developing a clinic that would provide practical application to students’ coursework. Approved to operate on a trial basis for one semester, the clinic connected students with a law firm dealing with Guantanamo cases, with which Shanor had shared speaking engagements concerning Guantanamo Bay issues. He notes this as an example of the law school providing a welcoming place for a person such as Blank to do really good work that enhanced the law school’s overall enterprise. “Laurie is very capable and enterprising. It didn’t take long for her to think broadly in terms of law projects and opportunities,” says Shanor, whose book Counterterrorism Law was published in 2011. “War is really a template for looking at law and social values and organizations. It is a rich field.” He views the addition of Mary Dudziak, Asa Candler Professor of Law and founding director of The Project on War and Security in Law, Culture and Society, and her academic focus on war and its effects on law as enhancing the IHLC’s practical implementation of international norms concerning armed conflict and the rules of that conflict. A co-author of the “West Nutshell” titled National Security and Military Law, Shanor notes that several law school classes touch on war. For instance, this spring both he and Dudziak are teaching sections of the first-year constitutional law class that consider war-related issues. “Basically at Emory Law, we have three people, each with a very different focus, who engage with the issues of law and war,” says Shanor. While he is loath to compare Emory Law with other law schools that deal with issues surrounding war, he believes the school offers a unique perspective. “While we are among a small number of schools offering a course in counterterrorism law, we are unique in our focus on international humanitarian law through our clinic.” — Terri McIntosh and Jennifer Bryon Owen

spring 2013

Professionals Embrace Legal Education They come from health care, environmental health and safety, education, consulting, nonprofits and business. And they come to study the law. by Jennifer Bryon Owen

hat’s the point of the juris master program, Emory Law’s innovative program launched last fall for established professionals, those seeking a career change who believe an understanding of law would enhance their careers and qualified students seeking complementary degrees. The goal was to make a juris master individualized, flexible and rigorous. Doing so was not without its own challenges for Emory Law. As with any cutting-edge program — only a half dozen or so of the top law schools in the country have 16

emory lawyer

similar programs — certain risks are inherent. Is this in line with our mission? Is it viable? Is it necessary? Will people enroll? What will be the impact on faculty and current students? “Taking a good look at the rapidly changing world in which the law affects every business and everyone’s daily lives, Emory Law decided that a jm program could provide

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

spring 2013

An EPIC Responsibility

Emory Law’s student-run committee raises the profile of the legal profession. by Alison Law

t the intersection of a lawyer’s career interests and understanding of the law resides inherent responsibilities to his or her neighbor, community and society. One student-run organization at Emory Law provides deeper insight into this responsibility, connecting law students with the opportunities and resources to serve the public interest while preparing for their entry into the legal profession. Since 1989, the Emory Public Interest Committee (better known by the acronym epic) has been promoting awareness and increased understanding of public interest law. The committee encourages and facilitates the employment of Emory Law students in public interest legal positions and acknowledges the professional responsibility of lawyers and law students to make legal services more accessible to those in need of adequate representation. Throughout the year, epic hosts a series of events to raise awareness of public interest legal jobs that are available to law students. Students also play host and operate these events to raise funds for their fellow law students who want to pursue public interest internships. In 2012, epic raised more than $180,000 to help 36 epic grant recipients accept volunteer positions or clerkships in public interest organizations. “epic is a source of great pride for the law school,” says Robert Ahdieh, Emory Law’s vice dean. “The law clinics, public interest field placements and internships, a pro bono program and the Loan Repayment Assistance Program are examples of Emory Law’s commitment to public interest law.” epic’s largest fundraiser is the Inspiration Awards. Each year, epic recognizes three attorneys in the Atlanta area who have made significant contributions to public interest law. The 2013 honorees are Robert N. “Robbie” Dokson, shareholder at Ellis Funk pc; Jeffrey O. Bramlett, partner at Bondurant Mixson & Elmore llp; and Tamara Serwer Caldas, deputy director of the Atlanta Volunteer Lawyers Foundation. Dokson, who is the 2013 recipient of the Lifetime Commitment to Public Service award, says he is humbled to join the ranks of other public interest “heroes” who symbolize the work that epic supports. “Work in the public interest, in my opinion, ought to be a part of every lawyer’s dna,” says Dokson. “Having a group like epic functioning so effectively at the law school level, and run almost totally by law students, plants that seed early in a young lawyer’s 18

emory lawyer

career in a way that hopefully will last a lifetime.” Other epic-sponsored activities include used book sales, a lunch series that brings together public interest attorneys with law students in a casual lunch setting, fall service day and the annual epic conference. Stephen B. Bright, president and senior counsel at the Southern Center for Human Rights, was keynote speaker for this year’s epic conference. Bright previously served for more than 20 years as executive director of the center, which represents people facing the death penalty, challenges human rights violations in prisons and jails, and advocates for reforms of the criminal justice system in the southern United States. In addition to advocating for those disenfranchised by the To hear all of legal system, Bright teaches at Yale Bright’s EPIC address go to Law School and previously taught as an adjunct professor at Emory Law. He www.youtube.com /watch?v=ntu_ received an honorary Doctor of Laws NvxibFY&feature= from Emory University in 2006. youtube. epic conference organizers, Anam Ismail 14l and Steve Justus 14l, carefully developed and executed the conference theme, “And Justice for All? Criminal Justice in the South.” Ismail and Justus wanted to create a program that brought together the prosecution and the defense sides of the criminal justice system. This approach reflected the two students’ divergent tracks in public interest law: Ismail spent last summer working on criminal defense cases for the Georgia Innocence Project, and Justus interned for the Cobb County (Ga.) solicitor general’s office. “There is all too often a dividing wall in the criminal justice system,” Ismail says. “While we recognize this wall, we hope this conference showed that this wall is not insurmountable.” Ismail and Justus also wanted to shed light on a third side of the process: the perspective of the defendant. In that light, the conference structure allowed attendees to experience the process a criminal defendant goes through beginning with pretrial, advancing to trial and ending in post-conviction. “The topics, the themes, the focus of the epic conference each year really highlight subjects that all of us should be engaged with,” says Ahdieh. Public interest law, he adds, is at the core of what it means to be a legal professional, whether an attorney is in private practice at a large law firm or working in the public defender’s office.

Steve Justus 14L and Anam Ismail 14L organized the fall 2012 EPIC conference.

EPIC student board members

This year’s Inspiration Award winners Jeffrey O. Bramlett, Tamara Serwer Caldas and Robert N. “Robbie” Dokson pose with EPIC student president Lauren Simons 13L (center l.)

In his frank speech, Bright argued that society is less concerned with the criminal justice system because that system primarily addresses minorities and the poor. “The criminal justice system is the part of American society that has been the least affected by the Civil Rights Movement,” said Bright, “and that is just a polite way of saying the criminal courts are the most racist institution in our society today.” Lauren Simons 13l, president of the 2012 – 2013 epic Student Board, says Bright’s passion and convictions set a tone of candor for the conference. “It allowed us to have really honest conversations in an area that can be a little bit uncomfortable.” She also notes that having judges and sheriffs at the same event with criminal defense attorneys created a balanced conversation, with prosecutors and defense counsel contributing to the discourse.

Ashley Webb-Orenstein 13L and Anila Gunawardana 13L served as EPIC Inspiration Awards co-chairs.

Simons joined epic her first year at Emory Law because she knew she wanted to pursue a career in public interest law. Her involvement with epic connected her with spring break and summer internships at the Georgia Innocence Project and the Governor’s Office of Consumer Protection, where she now works as a part-time employee while completing her education. One Emory Law graduate who benefited from epic’s Loan Repayment Assistance Program is Haley Schwartz 05l, who now serves on epic’s advisory board. Schwartz says she and the other alumni advisors are really there only to provide assistance and backup to epic’s student leaders. “We marvel at these students,” Schwartz says. “Not only are they keenly aware of the law, but they bring such focus and passion to educating their fellow students and the community about public interest law.”

spring 2013

perspective

How to Win Friends, Open Up State Government and Make Your Case by Ralph Ellis

hen he took office, Georgia Attorney General you agree or disagree with them, than they are that you Sam Olens 83l saw the state’s Sunshine respond to them. People will agree to disagree, if you take Law — vague, poorly enforced and widely time to explain yourself.” ignored — as a key priority. He also knew that meaningful Olens, 55, was born in Florida but grew up in New change would not come, however, without broad support. Jersey. He earned his bachelor’s and master’s degrees from Olens assembled a group of people who usually disagree American University in Washington, D.C., and moved to about the meaning of open government — newspaper Atlanta after his older sister urged him to enroll at Emory editors, television news directors, leaders of key nonprofits, Law School. legislative leaders and the top brass from state agencies. With Olens quickly realized that he didn’t want to be the kind their collective input, Olens’ office prepared a bill that was of lawyer whose work is done mostly on paper. He liked readily approved in 2012 by the Georgia General Assembly. the give-and-take of the courtroom and excelled in Emory “Mr. Olens did a terrific job in gathering all the stakeLaw’s Kessler-Eidson Program for Trial Techniques, which holders in the arena of open government. He was an eager provided him an invaluable learn-by-doing experience. In listener, open to all viewpoints,” says Hollie Manheimer, the years since, Olens estimates that he has argued at least director of the Georgia First Amendment Foundation. 100 civil trials. The new law lowers the cost of records from 25 cents “I like being in the courtroom. You have to think on your to 10 cents per page and toughens the penalties for govfeet. You have to be prepared,” Olens says. “I think Emory ernment entities that break the law. It clarifies that local did a great job of preparing me for that task.” government boards must take final votes in public, even on Of course, he spends more time in the office than in the subjects discussed in executive session. On the flip side, the courtroom these days. Many politicians see the attorney genlaw authorizes government boards to meet by teleconfereral’s job as a stepping-stone to higher office, such as goverence in emergency situations. nor. Olens demurs when asked about his political future. The Sunshine Law is among Olens’ bipartisan accom“When folks start looking ahead in life they make plishments as attorney general. Another is his toughening mistakes,” he says. “If you work really hard at the job that of the penalties for sex trafficking. More hotly debated has you have, good things will happen to you.” been his leadership role in the legal challenge to President Barack Obama’s health care plan. In Sam Olens 83L (l.) the years ahead, Olens anticipates being part of chats with Sen. Sam further litigation around the Affordable Care Act, Nunn 62L before the Reunion Weekend as regulations are being implemented. panel discussion. A national figure, Olens appeared on primetime television at the Republican National Convention last August, teaming up with his counterpart in Florida to deliver a speech critical of “Obamacare.” “It was an awesome experience,” says Olens. “You know there are 20 million people or so watching you. You just hope that you don’t trip.” Olens has thrived in the Georgia spotlight for years. He held a seat on the Cobb County Commission from 1999 to 2010 and served as chair the last eight years. He raised his profile further by chairing the Atlanta Regional Commission from 2004 to 2009. In November 2010 he easily won statewide election to his current post, making him Georgia’s first Jewish attorney general. “It’s all about how you deal with people,” says Olens. “People are less concerned with whether 20

emory lawyer

Finding the Perfect Niche by Celeste Pennington

Fershtman and her horse Silver competed in Michigan’s 1992 American Quarter Horse show.

ulie I. Fershtman 83C 86L grew up admiring her father’s general law practice, which reflected his commitment to serve others. As she considered a career in law, however, she also thought she might want to be a veterinarian — a possibility that gained traction when she turned 10 and her father gave her a mare named Blackie. After spending her free time with Blackie, veterinary medicine began to look like the path for her. In more ways than one, Fershtman says, “With a horse, you can cover a lot of ground.” But a chance encounter turned things around. In the stable where Fershtman boarded Blackie, a horse suffered a leg injury. After applying a compress to the wound, the stable owner asked her to staunch the bleeding, while he contacted the vet. “The blood was gushing,” remembers Fershtman. “I almost passed out.” From then on, law became her focus. She majored in philosophy and political science at Emory College. She then enrolled at Emory Law, and earned the Ida and Benjamin Alpert Foundation Law School Scholarship. “Emory Law’s trial techniques program, in particular, was excellent,” says Fershtman. “I still use many of the lessons I learned.” Upon graduation, she became an associate for Miller Canfield in Detroit, focusing on commercial litigation and insurance law. Early in her tenure, she was asked to defend a stable owner being sued by a woman who was bitten by a horse. Another such case involved an otherwise promising colt that, at birth, had a retained testicle, an undesirable trait under breed association rules. Fershtman’s client nonetheless purchased the colt, with the condition that if the retained testicle did not drop within a year, she would owe the seller no additional money; if it did, she would owe the seller more. “Veterinary tests confirmed it would never drop,” explains Fershtman, “so my client had the colt gelded.” Shortly thereafter, the seller sued for the additional money, based on the buyer’s failure to wait the full year stipulated in the contract. “But we won,” said Fershtman, “based on the solid veterinary support we put in the record.” Similar cases followed, and Fershtman added equine law to her areas of practice. Today, as a shareholder with

the full-service firm of Foster Swift Collins & Smith in Michigan, she is among the most respected practitioners in the field. In 2008, she was thus recognized by her peers, who elected her a Fellow of the American College of Equine Attorneys. Fewer than 15 attorneys hold this honor. Fershtman has authored two books, Equine Law and Horse Sense and More Equine Law and Horse Sense, and co-authored an aba book, Litigating Animal Law Disputes: A Complete Guide for Lawyers. “Julie’s writing is highly respected in the industry, and when she speaks at our conference, she is usually the highest-rated speaker,” notes Kevin Bucknam, organizer of the country’s oldest and largest conference of its kind, the National Conference on Equine Law. Fershtman discusses legal issues surrounding horses at speaking engagements in 28 states and Canada as well as on her blog, www.equinelawblog.com. Upon completing her 2011 – 2012 term as president of the State Bar of Michigan, Fershtman, only the fifth woman to hold the position in that state, wrote on her personal presidential blog that she was “riding off into the sunset to join other past presidents. “Since I’m a horse lover who put riding on the back burner over the years while other pursuits consumed my time,” she wrote, “you might actually find me riding off into the sunset.”

spring 2013

perspective

Emory Law’s “Evangelist” Advisory board chair Allan Diamond 79L brings equal parts intellect, energy and enthusiasm to his role at Emory Law, his career in forensic law and his passion for collecting. by Maria M. Lameiras and Terri McIntosh

llan Diamond 79L likes to know the whole story. In his work as a business litigator and forensic lawyer handling massive bankruptcy cases, his involvement as chairman of the Emory Law Advisory Board and even his eclectic collection of sports memorabilia, Diamond wants the lowdown on it all. Since moving to Texas shortly after law school to practice with the Dallas firm of Hughes and Luce, Diamond has gained a reputation as an international expert on bankruptcy law, serving as lead counsel in several of the nation’s largest bankruptcy-related trials. 22

emory lawyer

He is like a crime scene investigator for the business world, meticulously examining a company’s records from a legal, financial and accounting perspective to answer the question “Who killed the company?” “We find out what happened to the money, how and who is responsible. Then we figure out where it went and how to recover it,” says Diamond, who is founding partner of Houston-based Diamond McCarthy. “About 90 percent of the time, I end up litigating cases in which there has been foul play and wrongdoing. We get involved in most of the major corporate bankruptcies

around the country, where there is some kind of fraud or wrongdoing by management or inside officers,” Diamond says. The firm also has delved into the insolvency side of its own industry. Because of his reputation and record in handling complex bankruptcy litigation, in late 2011 Diamond was appointed by the U.S. Department of Justice to oversee the bankruptcy of the Washington, D.C.-based Howrey law firm, which at the time of filing was the largest law firm bankruptcy in the United States. Although he can’t discuss specifics of cases in litigation, Diamond says all the major law firms that have filed for bankruptcy in the past five years have landed there because of aggressive, expansionist business plans that couldn’t stand up to the 2008 recession.

Drive to understand

Diamond’s drive to understand how things work — to uncover the stories behind them — has made for a highly successful career. It also is shaping his relationship with Emory. An active alumnus since graduation, he became involved with the Emory Law Advisory Board in the 1990s, in an effort to stay informed about the law school’s development. He was asked to serve as chair in September — a role that enables him to meet with alumni nationwide as he travels for work, collecting their stories, sharing his own and encouraging them to get involved with Emory Law. He is so enthusiastic about the value of the law school that Dean Robert Schapiro calls him a “law school evangelist.” Diamond says Emory Law is positioned to achieve a higher level of national prominence among law schools because of the leadership at the school, from the dean, the board and the administrative staff to the faculty and the students. In addition to giving his time and counsel, Diamond has made a five-year pledge of support to the unrestricted Law School Fund for Excellence as well as an unrestricted planned gift. As he visits fellow alumni, he inspires them to support Emory Law with their own financial gifts. “You have to ask yourself objectively and critically about what is important to the law school’s future. Are we doing all the things we think will shape society and turn out great lawyers and leaders?” he says. “If we truly do everything we can to take the law school to the next level, the rankings will come with it.” The role of alumni in the future of the law school is as important as the role of anyone, Diamond adds.

Recognizing value

“I’d like our alumni to better appreciate the value of their Emory degree. The more support we get from our alumni, the greater the benefit that comes back to each of our

alums,” he says. “Whether you put it on a wall or in a desk drawer, your degree matters. Whatever you do or wherever you go, people want to know where you went to school, and you want it to mean something.” In the little spare time he has, Diamond is always looking to add to his massive collection of sports memorabilia, which he loves as much for the stories behind the pieces as for the items themselves. While working with his first firm as a litigator, Diamond did sports agency work with the firm’s sports and entertainment group, representing both individuals and teams. Once he got to know more people in the sports industry, he began collecting in earnest. The collection soon outgrew his home — and his wife’s patience. He saw his firm’s office space as the ideal venue for display. “I have hundreds of pieces from 30 different sports,” he says. “I collect only pieces of iconic figures or unusual, rare or one-of-a-kind pieces. I’ve been interested in pieces that are more than just sports history, that are a part of American history as well.” Diamond’s office features four rooms with museumquality displays, complete with state-of-the art technology that plays audio and video clips of the historic moments associated with each piece. One example is a display of memorabilia from Secretariat’s 1973 Triple Crown win, all autographed by jockey Ron Turcotte. With the push of a button, the announcer’s voice calling the Belmont Stakes 39 years ago plays as footage of the race appears on a 65-inch lcd screen.

Admiring leaders

Diamond’s favorite piece is defined by the story behind it. The photo is of Olympic track champion Carl Lewis with his arms extended, breaking the tape at the finish line in the 4-by-100-meter relay at the 1992 Olympics in Barcelona, Spain. Below the photo is a replica of the baton passed in the race, which is signed by each member of the winning relay team. With seven Olympic gold medals under his belt, Lewis was considered past his prime. Asked to run the anchor leg for an injured teammate the day before the race, Lewis broke the world record and the American team won the gold. “I see that as a triumph of the human spirit. I love the fact that the guy was the fastest guy in the world, and they told him he was too old and too slow to run in the race. Then he went on to break his own record at 31 years old, one he’d set years before at age 23,” Diamond says. It’s Diamond’s favorite story — inspirational and extraordinary. It speaks volumes about perseverance, determination and resilience, characteristics Diamond shares with the Olympic hero. “The athletes I most admire, as with the people I most admire in life, share the traits of great leadership and role modeling. They are leaders, but always team players. They provide creativity of thought, inventiveness and integrity, and they earn the respect of their peers and others,” he says.

spring 2013

perspective

Building a 21st-Century Curriculum A consummate scholar and leader, Emory Law’s vice dean is committed to fostering student learning that leads to professional success. by Jennifer Bryon Owen

obert Ahdieh’s work as a scholar started sooner than most — and earlier than even he might have wished. Only days after completing his senior thesis, Ahdieh received an email from his advisor: “Enough relaxing. Time to get back to your carrel and turn your thesis into a book.” Two years later — at the end of his second year of law school — he sent his adviser the printed copy. This was just the first step toward Ahdieh’s success as a scholar. He has published nearly 25 articles and book chapters, including in some of the nation’s very top law reviews. Several are recognized as among the best in the field and have been translated and republished overseas. He is invited regularly to teach and speak at campuses across the country and around the world. At Emory Law, his command as a scholar has not gone unnoticed. Prior to being named vice dean, Ahdieh was associate dean of the faculty, a leadership position in faculty research and scholarship. From his earliest days on the faculty, though, he was active in the school’s decision-making and planning, making him the obvious choice to oversee the curriculum, a primary task in his role as vice dean. Ahdieh now focuses his attention on the educational experience of Emory Law students, making sure they have the best curriculum possible. For many scholars of his caliber, this would have been an impossible choice. But for Ahdieh, it came easily. “For those who don’t have the privilege to teach, it’s hard to convey the energy and excitement of the classroom,” says Ahdieh, who teaches first-year courses in contracts and in legislation and regulation, as well as upper-level classes in corporate law, emerging markets law and international trade law. “Obviously, we have an incredible scholarly community here at Emory, but when it comes to the enthusiasm to learn and engage new ideas, the students are my source of energy.” Taking the lead on curriculum design and working with the faculty’s Curriculum Committee, Ahdieh identified gaps and opportunities for enhancement in the curriculum and began developing strategies to address them. Also, as vice dean, Ahdieh has helped guide development of the law school’s non-jd programs, including the sjd, llm and innovative jm degrees, and played a leadership role 24

emory lawyer

in international studies, new program development, and marketing and communications. Along with Professor William Buzbee and Dean Robert Schapiro, he also co-directs Emory’s Center on Federalism and Intersystemic Governance. Curriculum changes are being made and will continue, as the Curriculum Committee and Ahdieh evaluate the school’s offerings. The increasing distinctiveness of Emory Law’s curriculum is best captured, he says, by contrast with the traditional model, which still prevails at most law schools: After students complete the first-year required curriculum, they are largely left on their own to determine the courses and credentials that will best situate them professionally. “At Emory,” says Ahdieh, “we’re developing curricular pathways that will give students much more robust insight into potential courses of study. Two years ago, we redesigned the curriculum, to introduce an elective into the spring semester that would help students begin thinking about their curricular and professional goals as early as their first year,” says Ahdieh. “Not to decide anything, but to begin to think about it.” Beyond that, as students start to consider different areas of law, Emory Law helps them identify the foundational and enrichment courses available in that area and determine the optimal course sequencing for advancing their professional development. While this approach is still a work in progress, its implementation promises to put Emory Law well ahead of the curve, says Ahdieh. “It situates our students to bring greater substance to the table and thus compete more effectively with students at other schools who don’t have the

benefit of this thoughtful approach to what they bring to an employer.” The challenge for Ahdieh is to continue thinking about today’s curriculum while also envisioning what it will look like five or ten years down the line. Only in this way can the law school remain ahead of the curve.

“When it comes to an enthusiasm to learn and engage new ideas, the students are my source of energy.” It was a very different set of interests — in the former Soviet Union — that brought Ahdieh to academia. “I became, by virtue of fortuitous timing, one of the world’s experts in Russian constitutional law,” says Ahdieh, whose scholarly interests also include transactional law, law and economics, international financial regulation, administrative law, and federalism. As an undergraduate in the late 1980s and early 1990s, he began writing papers on the political and economic transformation of the Soviet Union. But his primary focus was law. “The secondary sources on legal reform were limited, so most of my research consisted of interviews. I interviewed [Mikhail] Gorbachev and most of the members of parliament involved in drafting the new constitution,” says Ahdieh, who also worked for Gorbachev, writing speeches and conducting policy analysis. “It was largely because of this source material that I got the opportunity to turn my thesis into a book. For the first two years of law school, I was a student by day. And at night, I wrote.” In addition to Russian law, Ahdieh brought to academia a broad range of interests that included comparative and international law, emerging markets law, and contracts, which were the courses with which he began his teaching career. From these, Ahdieh’s interests have evolved in the direction of regulation and, more broadly, into the nature of government in modern, industrialized economy. Drawing on the insights of game theory, for example, his recent work calls for more systematic thinking about the origins of financial crises — and the implications for how these might better be prevented. These scholarly interests are never far from his mind. For now, though, Ahdieh finds satisfaction in bringing the scholar’s analytical skills to bear on developing a 21stcentury law school curriculum — and, in the process, seeing Emory Law students identify and pursue their own interests and success. www.law.emory.edu/faculty/faculty-profiles/robert-b-ahdieh.html

spring 2013

Class Notes

from the alumni president Dear Fellow Alumni, We are in the midst of an exciting academic year at Emory Law. If you’re not already in touch and involved, please find an early opportunity to reconnect. Everything we do to advance the law school and build the strength of the alumni network increases the value of our own degrees and our association with Emory.

This is my second year of service as your alumni president, and I’m delighted that Thad Kodish 00l has been nominated and confirmed by the board as your presidentelect. He will take office in September 2013. I have appreciated the opportunity to meet so many of you during the dean search process and at the Reunion Weeekends, Distinguished Alumni Awards, inaugural Eléonore Raoul Greene award and faculty retirement celebrations. We have an incredibly accomplished and engaged alumni community, and the message I hear

is clear: Emory Law alumni are excited to be involved with their law school. We continue to seek ways to support and increase the engagement of our alumni community as a vital professional network everywhere there are Emory Law graduates. Now more than ever, a committed alumni association is critical for career and referral networking as well as for professional development. In the coming months, the Emory Law Alumni Board will continue to support and engage the alumni community through enhanced programming and communications. Emory has just announced a partnership with the Princeton Club of New York, giving those of our alums who live in New York or travel there for business a place to gather. Our young alumni have been particularly active, and our national reach continues to broaden: Alumni groups in places such as New York City and Washington, D.C., are spreading the Emory message to all markets where our alumni practice, enhancing the demand for our excellent Emory Law graduates. An active alumni association is a key component in Dean Robert Schapiro’s plan for Emory Law’s success. Your involvement is needed and valued. Visit our volunteer page to learn more about opportunities to help shape the success of our school and become involved (or more involved) in the Emory Law Alumni Association. I also can be reached at della.wells@alston.com and look forward to hearing from you.

Della Wager Wells 86l President, Emory Law Alumni Association Partner, Alston & Bird LLP, Atlanta

Editor’s Note: Class Notes are submitted by alumni and are not verified by the editor. While we welcome alumni news, Emory Lawyer is not responsible for information contained in Class Notes.

emory lawyer

50s

G. Conley Ingram 49C 51L welcomed greatgrandson Emory Alexander Post on Aug. 1, 2012, in Birmingham.

Kenneth F. Murrah 55C 58L, an attorney with Murrah, Doyle & Wigle PA, was featured in the 125th anniversary celebration of the incorporation of the Town of Winter Park, Fla., last October.

60s

Stanley Harris Jr. 61L authored a book The Practice: What They Don’t Teach You in Law School, which was published in 2012. William Marvin Hardy III 61OX 63C 66L received the National Eagle Scout Association Outstanding Eagle Scout Award, which recognizes Eagle Scouts who have brought honor to the highest rank of the Boy Scouts of America through their personal and professional contributions at the local, state and regional levels.

70s Arn Rubinoff 75L was voted by undergraduate students at Georgia Institute of Technology as professor of the year in the College of Management, where the Atlanta attorney is an adjunct professor. Oscar Clark Carr III 76L, of Glankler Brown PLLC in Memphis, was selected by his peers for inclusion in The Best Lawyers in America 2013.

80s

James C. Huckaby Jr. 76L is included in the 2013 edition of The Best Lawyers in America and was selected as an Alabama Rising Star 2012 by Super Lawyers. He practices commercial, banking and finance, mass tort and personal injury litigation with Christian & Small in Birmingham. Phyllis Karasov 76L is now with Larkin Hoffman Daly & Lindgren Ltd. in Minneapolis. James B. Perry 77L has been listed in Michigan Super Lawyers for Employment & Labor. Perry is a member in Dickinson Wright PLLC’s office in Detroit, where he focuses on labor and employment.

Caleb Davies IV 80L has been named interim chief mediator for the 11th Circuit Court. Steven K. Leibel 80L is of counsel with Alexander and Associates in Atlanta and serves as a municipal court judge. He also writes expert columns for the 400 Edition magazine and the Southern Beverage Journal. Ruth Hearn 71B 81L has joined the firm of Hunter Maclean in Savannah, Ga. She worked previously for the U.S. Attorney’s Office. John H. Grasso 82L, a partner with Boscarino, Grasso & Twachtman LLP, retired from the Connecticut Army National Guard with the rank of colonel after 33 years active and reserve service, 30 of which were spent as a JAG Corps officer. Marc K. Sloane 82L has joined Miles & Stockbridge PC as counsel in the firm’s Labor & Employment Practice Group in its Baltimore office.

Virginia Taylor 77L was selected by Legal Media Group as a leader in trademark law to be included in the 2012 Guide to the World’s Leading Women in Business Law. She is a partner with Kilpatrick, Townsend & Stockton in Atlanta.

William G. Gisel Jr. 78L was elected to the board of directors of the John R. Oishei Foundation, which strives to be a catalyst for change to enhance the economic vitality and the quality of life for the Buffalo Niagara Region. Gisel is president and CEO of Rich Products Corporation.

Samuel S. Olens 83L, attorney general for Georgia, spoke at the 2012 Republican National Convention in Tampa last August. Drew Findling 84L, of The Findling Law Firm in Atlanta, has been re-elected to the board of directors of the National Association of Criminal Defense Lawyers and also was selected to serve on NACDL’s executive committee. Stephen R. Klorfein 78C 84L, of Chaiken Klorfein LLC in Atlanta, is presidentelect of the Atlanta Tax Forum, the oldest professional organization of tax practitioners serving metro Atlanta.

Gregory Hanthorn 85L was appointed to a second oneyear term as co-chair of the ethics and professionalism committee of the Litigation Section of the American Bar Association. He is also in the first of a two-year term as president of Emory Law’s Lamar Inn of Court, a society of leading judges and trial lawyers that mentors and engages law students interested in becoming trial lawyers. Michael A. Coval 87L is of counsel with Miller & Martin PLLC, where he has practiced for 25 years and focuses on ERISA, employee benefits and insurance. Andrea Doneff 84C 87L is an associate professor at John Marshall Law School in Atlanta. Allison Hunnicutt Hauser 89L was named a 2012 Florida Super Lawyer, the sixth year she has been selected to a listing that includes only 5 percent of the lawyers in Florida. She is a shareholder with Marks Gray PA. Gregory Parker Rogers 89L, of Taft Stettinius & Hollister LLP, was named a “Leader in His Field” in labor and employment in the 2012 edition of Chambers USA.

90s Howard E. Bogard 92L has been recognized as a 2012 Alabama Super Lawyer. He practices in the health care area in the Birmingham office of Burr & Forman LLP. Michelle Weisberg 92L now works with Ifrah PLLC in Washington, D.C. Anderson B. Scott 93L, an attorney and professional photographer, saw his book, Whistling Dixie, released last fall. Elizabeth “Lisa” Branch 94L, of Smith, Gambrell & Russell LLP, was appointed to the Georgia Court of Appeals by Gov. Nathan Deal in September. Samantha Brooks Weidenbaum 95L is a partner at Fragomen, Del Rey, Bernsen & Loewy LLP in Atlanta.

David M. Berger 98L has joined Advanced Discovery, a full-service electronic discovery provider with data centers in New York City, Kansas City, San Francisco and Los Angeles, as a hosting project manager. Mark P. Chalos 98L, a partner in the Nashville office of the firm Lieff, Cabraser, Heimann & Bernstein, recently co-authored a book, Litigating International Torts in U.S. Courts (Thomson Reuters West, 2012 ed.) Adam Freiman 98L and Dr. Kari Robyn Posner were married Sept. 29, 2012. He is a partner in the New York office of King & Spalding. Christopher R. Smith 98L was recognized as a Rising Star in the 2012 edition of New England Super Lawyers and Rising Stars, one of 45 attorneys with Verrill Dana LLP noted for excellence in their individual areas of practice. Located in Portland, Maine, Smith practices business/ corporate, mergers and acquisitions, and nonprofit law.

spring 2013

Class Notes Danny M. Awdeh 03L was promoted to partner in the Washington, D.C., office of Finnegan, Henderson, Farabow, Garrett & Dunner LLP, one of the largest intellectual property law firms in the world, where he focuses on trademark, unfair competition, false advertising, and copyright litigation and counseling.

David N. Dreyer 04L, of the Atlanta-based firm Chamberlain Hrdlicka, has been named to the Daily Report’s “On the Rise: 14 Attorneys Under 40” list for 2012. Dreyer is one of three Emory Law graduates on the list, more than from any other law school.

W. Allan Edmiston 03L has been promoted to partner in the Los Angeles office of Loeb & Loeb, where he is a business litigator and trial lawyer.

Sherry Boston 99L, DeKalb County solicitor general, was elected to serve on the board of governors of the 43,000-member State Bar of Georgia. She represents the Stone Mountain Judicial Circuit, Post 9 seat on the board, and she has been named to the Daily Report’s “On the Rise: 14 Attorneys Under 40” list for 2012. Boston is one of three Emory Law graduates on the list, more than from any other law school.

00s

S. Derek Bauer 00L has been named to the Daily Report’s “On the Rise: 14 Attorneys Under 40” list for 2012. Bauer is one of three Emory Law graduates on the list, more than from any other law school. He is a First Amendment and health-care law litigation partner at McKenna Long & Aldridge in Atlanta. Marcus Meeks 00L of Silver Spring, Md., is now employed with Fannie Mae. Nigamnarayan Acharya 01L is now with Seyfarth Shaw LLP in Atlanta.

Daniel Marti 99L, a partner in Kilpatrick Townsend & Stockton’s Washington, D.C., office, has been selected by Diversity & the Bar as one of the legal industry’s Rising Stars, one of only four Rising Stars selected from across the country. Leslie Rubenstein Paul 96C 99L, previously an attorney for the Internal Revenue Service, announces the opening of Leslie Paul Law PLLC located in Arlington, Va.

Scott T. Buser 01L was named partner in his firm, Mayer Brown LLP, where he focuses on real estate and real estate finance transactions. Matthew Gennaro 02L was promoted to senior counsel at Clyde & Co. US LLP in July 2012. Lara M. Pair 02L recently took over the legal department of Rödl & Partner GmbH in Switzerland.

emory lawyer

Daniel A. Fliman 03L has been promoted to partner in the New York office of Kasowitz, Benson, Torres & Freidman LLP, a national law firm focusing primarily on complex commercial litigation, where he handles creditors’ rights and bankruptcy. Laura Fahey Fritts 02L, formerly special counsel, has been promoted to partner in the Atlanta office of Kasowitz, Benson, Torres & Freidman LLP, a national law firm focusing primarily on complex commercial litigation, where she handles intellectual property litigation. Lindsay Couch 03L has taken her married name, Kilgore. She is employed in the regional operations of Saratech Inc. Thomas M. Kretchmar 08L is an associate in the corporate department of the global law firm Proskauer and a member of the Private Investments Funds Group. Jimmy R. Rock 03L 03T is assistant attorney general in the public advocacy section of the public interest division of the Office of the Attorney General for the District of Columbia. Jason E. Stach 03L was promoted to partner in the Atlanta office of Finnegan, Henderson, Farabow, Garrett & Dunner LLP, one of the largest intellectual property law firms in the world, where he practices all aspects of patent law.

Andrew G. Daugherty 05L has been named a partner with Hamilton, Westby, Antonowich & Anderson LLP in Atlanta, where he practices law in the areas of workers’ compensation defense, commercial and civil litigation as well as subrogation. Elizabeth L. Fite 05L, a litigation associate at Kutak Rock LLP in Atlanta, was elected to serve on the executive committee of the 43,000-member State Bar of Georgia during the organization’s annual meeting in June. She represents the Atlanta Judicial Circuit, Post 19, on the State Bar’s board of governors.

Blaine W. Lindsey 05PH 05L founded Capra Health, a comprehensive health care/life sciences reimbursement, regulatory and compliance consulting firm with offices in New Orleans and Atlanta serving hospitals, high-volume practices and other health care industry stakeholders across the country.

David A. Lester 06L was one of nine Jones, Walker, Waechter, Poitevent, Carrere & Denegre LLP attorneys named as a 2012 Alabama Super Lawyer by Law & Politics magazine. He focuses on business litigation and personal injury defense in their Birmingham office. Victoria Luxardo Jeffries 07L is now senior manager of government relations with Netflix. Previously, she was with the Federal Trade Commission’s Bureau of Competition, which oversaw merger reviews in the high-tech industry and of video rental services. Carlissa R. Carson 08L, an associate in the litigation practice group at Freeman, Mathis & Gary LLP in Atlanta, was named one of the 99 most influential foreign policy leaders under the age of 33 (“99 Under 33”) on behalf of the Diplomatic Courier Young Professional in Foreign Policy.

Isabella P. Lee 08B 08L is engaged to Louis R. Lou 11B. She is an attorney with the labor and employment law firm Ford & Harrison LLP in Atlanta. Elizabeth Diehl Newcamp 08L and her husband, Jeffrey, welcomed their son Henry John Newcamp on April 7, 2012. The family lives in Colorado Springs, where Jeff teaches engineering at the U.S. Air Force Academy.

Ryan M. Witkowski 08L was named a 2012 Virginia Rising Star by Super Lawyers magazine. He is a family law attorney at the Condo Law Group and lives in Arlington, Va. Hillary Gardner 09L and Brian Spielman 09L have relocated temporarily to the Republic of Palau, a tropical island nation in the South Pacific, where Gardner serves as assistant attorney general to the Republic of Palau and Spielman is court counsel to the Palau Supreme Court. Matthew L. Navarrete 09L, trial attorney, works in the Office of the Chief Counsel in the U.S. Department of Transportation with the Federal Railroad Administration. David Ross Werner 09L was named new deputy chief of staff for legislative and external affairs for the Office of Gov. Nathan Deal in August. He serves as the governor’s top liaison to federal, state and local officials.

10s Rhani Lott 10L, an associate at Hunton & Williams LLP, has been appointed to the board of directors of the Atlanta Council of Young Lawyers. Lott’s commercial litigation practice focuses on the representation of financial services industry clients and other companies in cases involving consumer matters, contract disputes and bankruptcy-related issues.

in memoriam Emory Law mourns the passing of the following alumni, whose deaths were reported to the school since the date of our last publication. Julie F. Montgomery 10L has joined the Philadelphiabased law firm Deeb Blum Murphy Frishberg & Markovich as an associate, where she practices in the areas of commercial litigation, business reorganization and bankruptcy. She previously served as a clerk in the New Jersey bankruptcy court working for the Honorable Judith H. Wizmur. Caitlin Murphy 10L joined the Washington, D.C., office of the law firm Loeb & Loeb as an associate, where her practice focuses on estate and business planning, taxation, and estate and trust administration. Esther Sara Neuwirth 06C 10L married Kristian Leibfarth on Aug. 11, 2012, in Avon, Conn.

30s

Carl V. Rauschenberg Sr. 37L of Atlanta and Dalton, Ga., on March 8, 2012

Benjamin Alexander May 12B 12L is an associate at Wells Fargo Securities. Jose R. Lopez-Sanchez 12L is account executive at Robert Half Legal in Chicago.

Edgar Lanier Jenkins 58L of Jasper, Ga., on Jan. 1, 2012

60s

Harry William “Bill” Ridley Jr. 49C 61L of Atlanta, Ga., on Sept. 28, 2012

Charles C. King 34OX 36C 38L of Covington, Ga., on June 9, 2012

William C. Haddon 62L of Marietta, Ga., on July 2, 2012

David V. Kerns 37C 39L of Tallahassee, Fla., on Aug. 11, 2012

Phillip L. Parsons 63L of Helena, Mont., in May 2012

40s

Duval M. Meier 40L of Douglasville, Ga., on Aug. 13, 2012

Leonard G. Anderson 49L of Richmond, Va., on March 18, 2012 Charles L. Ratterree 49L of College Park, Ga., on April 7, 2012

50s

Cecil C. Malone 41B 50L of Atlanta on June 1, 2012

Ryan M. Richards 11L has joined the Nashville firm of Harwell Howard Hyne Gabbert & Manner PC as an associate and is a member of the firm’s corporate and tax practice groups.

Carl J. Chrisope 58L of Marietta, Ga., on June 24, 2012

Harry J. Mehre 53L of Savannah, Ga., on May 25, 2012 H. Raiford Hodges 55C 55L of Decatur, Ga., on April 11, 2012 Charles Ralston Shaver 50B 55L of Atlanta on June 21, 2012 Robert L. Gilbreath Sr. 49C 57L of Louisville, Ky., on June 9 2012 W. Nolan Murrah Jr. 57L of Columbus, Ga., on Jan. 9, 2012 Clyde W. Carver 58L of Atlanta on Oct. 10, 2012

Alexander Cocalis 66L of Tallahassee, Fla., on Aug. 27, 2012 Edward R. Golden 67L of Atlanta, Ga., on Sept. 12, 2012 W. Marion Guess 66C 67L of Stone Mountain, Ga., on July 17, 2012 J. Michael Hayes 68L of South Tampa, Fla., on March 17, 2012

70s

Michael L. Brodsky 73L of Phoenix, Ariz., on August 1, 2012 W. Woodrow Stewart 75L of Atlanta on Jan. 9, 2012 Alice Caldwell Stewart 78L of Atlanta on April 15, 2012

80s 10s

Robert Edward Maxie Sr. 82L of Florida on Aug. 2012

Andrew N. Reams 12L of Canton, Ga., on June 2, 2012

spring 2013

faculty voices: letters to the president

Repair Democratic Deficit in Foreign Policy Promoting transparency and accountability

Dear President Obama: I have a “wish list” for your new team on a range of issues, including peace and security, human rights, the environment, and development assistance. I realize priorities have to be set and objectives pursued in both the short and long term. I would urge more sustainable leadership by the United States, by investing in strategic long-term collective and institutional action, instead of offering erratic responses from one crisis to another. As an African American Muslim, I have particular concerns about foreign policy regarding Africans and Muslims but I do not claim such concerns as superior to or inconsistent with other legitimate foreign policy objectives of the United States. My issue is more about the manner in which foreign policy objectives are framed and pursued. For instance, I strongly advise against taking the Middle East as normatively defined as being Muslim or as culturally representative of the global Muslim population. Arabs make up only about 12 percent of the total Muslim population of the world and are as diverse as the places they inhabit — as can be readily observed from Tunisia to Syria to Yemen. Moreover, far from living in small, closely knit traditional communities, Muslims today live in some of the world’s largest and most cosmopolitan cities, such as Cairo, Karachi, Jakarta and Istanbul. In those places, Muslims share more with their non-Muslim neighbors than they do with Muslims in other parts of the world. These realities strongly caution against notions of a single, monolithic global community of Muslims. There is also no Islamic “exceptionalism,” good or bad. Muslims everywhere are simply people striving to secure political stability and economic development for their communities and to uphold their human dignity and basic rights against violation by their states. But my most fundamental concern about American foreign policy is a certain species of “democratic 30

emory lawyer

deficit” — namely, the lack of public democratic engagement with foreign policy issues among the American electorate. This lack of democratic engagement persists despite the fastdiminishing distinction between domestic and foreign policy in this age of accelerating globalization. Whether in trade, finance, public health or security, the local and the global can hardly be distinguished. The consequences of foreign policy are too immediate and serious for domestic policy to leave it to the so-called experts. Yet there is hardly any democratic accountability for major foreign policy decisions. I realize that democratic accountability may delay decisive action, but that is better than rushing in the wrong direction. Assumptions of expediency and the efficiency of technocratic control of foreign policy, or the notion that democratic accountability will “complicate” the process without improving the outcome are overly simplistic. In fact, democratic accountability is necessary for the success of foreign policy initiatives, and a negative or indifferent domestic public opinion will probably undermine long-term funding commitment and reduce the legitimacy of outcomes. Regardless of what we think of such factors, however, we should promote transparency and accountability because of our commitment to democratic self-government by well-informed and engaged citizens. Citizens are unlikely to engage foreign policy issues if they feel that the administration is unlikely to take their views and concerns seriously. To redress the democratic deficit in foreign policy, the Obama administration should intensify its efforts to engage public opinion in developing foreign policy objectives, explain the choices the administration is making, and present an open accounting of the benefits and costs of existing and forthcoming initiatives.

Abdullahi A. An-Na`im Charles Howard Candler Professor of Law

Create Affordable Housing for All Past provides five lessons for future

Dear President Obama: As you were sworn in as president — amid the powerful symbolism of doing so on the national day of celebration of Martin Luther King Jr. — my thoughts turned to your leadership opportunities, Dr. King’s mission of equality for all and my concerns for housing for all. We’ve experienced the highest residential mortgage foreclosure rates in our lifetimes, but those rates have begun to drop, finally. We’ve seen more families displaced than at any point since the Great Depression, but loan modifications are making a difference, finally. We’ve seen home prices decline by 30 percent or more, but we are seeing prices stabilize and slowly rise, finally. We aren’t where we ought to be; we aren’t where we are going to be; but at least we aren’t where we used to be. As you lead this country forward, the key question concerning housing is whether we will learn the lessons from the past 15 years. This is the question of the American middle class; but it is also the core issue for all families, all children, all individuals. More than 60 years ago, Congress declared the goal of a “decent home and suitable living environment for every American family.” To move this from being a dream to becoming a reality, the recent past provides five lessons to be learned. First, housing and homeownership must be more than a speculative financial product. Yes, it has proven to be one of the best and safest investments over the decades that a family will make. But when it is only a short-term financial product that allows us to withdraw equity at atm machines or refinance every two years into new exotic mortgage products, our vision has been narrowed and we have become blind to the real value of housing. Second, for 50 years, America led the world in the stability provided by the long-term, fixed-rate, fully-amortizing mortgage. With the authority created by the DoddFrank Act —and this act should not be repealed — use the key concepts of the “qualified mortgage” and the “qualified residential mortgage (qrm)” as the opportunity to recreate

a gold standard for all residential mortgages. This would once again be a simple, predictable and uniform residential mortgage instrument. Third, mortgage markets are not rational, at least not when a highly fractured secondary mortgage market creates products so complex that no one understands them. For residential mortgages, insist on a simple, uniform and comprehensible loan product available to all homeowners — a safe harbor both for the owners and for the lenders. Fourth, as you and Congress consider restructuring government-sponsored enterprises, keep the focus on the goal — homeownership that is viable over time. It is precisely the gold standard of a simple mortgage product that should be the sole focus of the gses. The private market should remain free to create and sell such exotic mortgage products as commercial loans or jumbo residential loans, but don’t dilute the gses’ focus from the basic mission of housing and homeownership. Fifth, for the ordinary homeowner the key is simplicity in mortgage payments. Shy away from adjustable-rate mortgages for they will become real bears in the coming years as interest rates return to historical patterns. Add to the standard form qrm a due-on-encumbrance clause, just as the due-on-sale clause was added in 1980, as a way of discouraging home equity lines of credit from undercutting all equity. Consider federal legislation that would prohibit deficiency actions in all residential mortgages as a powerful statement to the mortgage industry that it must be realistic about property values now and in the future. Keep it simple, focus on what works and learn the lessons from the recent past. Housing is more than an atm machine. Housing is about creating homes and providing safe, decent and affordable shelter for all.

Frank S. Alexander Sam Nunn Chair in Ethics and Professionalism

spring 2013

giving back

Educational Justice Alumnus John Latham creates a scholarship for students in need

ttorney John Latham 79l worked his way National Moot Court through the University of Toledo, mostly Award. Because of his with construction jobs after school and on work with the journal weekends. Bound for a career in law, he majored in and the Moot Court political science and took courses in constitutional Society, he was given a law and civil liberties, but work and study left him key to the law library; time for little else. he remembers studying At Emory University School of Law, scholarby lamplight at 2 a.m. ship support gave him the freedom to write for the and using a flashlight to Emory Law Journal and participate in the Moot search the stacks. Court Society. Now a partner at Alston & Bird in Among his most influAtlanta, he is considered one of the nation’s top ential professors were securities litigation defense lawyers, and he has Donald Fyr, who taught created a scholarship to help other talented stucivil procedure, and dents gain access to an Emory Law education. William Agnor 36c 37l, “In a just society, it is important for all qualified who taught evidence. people to have access to a great education. This is Both men were passionhow we will move toward a true meritocracy in ate teachers beloved by “In a just society, it is important America,” he says. the student body. “They The Latham Law Scholarship will provide aid were extraordinary,” for all qualified people to have to admitted students with demonstrated financial Latham says. access to a great education.” need. The first scholarship will be awarded this Latham credits his — John Latham 79L winter. Latham says he hopes to make additional Emory Law education gifts to the endowment over time, and he encourwith giving him both the ages his classmates and other Emory Law alumni to create theoretical learning and the practical training to thrive in their own scholarships. his legal career. A frequent advisor to companies in criFinancial support helps diversify the student body, sis, he has successfully litigated more than $100 billion in which has been a long-standing commitment at Emory Law merger and acquisition transactions throughout the nation. and is a priority of Dean Robert Schapiro. “Emory Law gave me a great base for my practice,” he The son of an Ohio clothing salesman and an elemensays, “and good connections with lawyers who I still stay tary schoolteacher, Latham’s childhood heroes were Perry in touch with today.” Latham also has served on the Emory Mason and F. Lee Bailey, whose 1971 memoir The Defense Law Advisory Board, and he has been investing in the Never Rests fed his fascination with the inner workings of school and in the arts at Emory for many years. His wife, the legal system. Sheri, is an instructor in the Emory Dance Program. When Latham was an undergraduate, “the King of At Alston & Bird, Latham chairs the firmwide commitTorts” Melvin Belli argued a railway injury case in Toledo. tee on diversity tasked with ensuring that all of the firm’s The young student sat in the courtroom to watch the attorneys have the opportunity and skill development they famous attorney in action. Today, Latham has two promineed to advance, and he is a frequent panelist at seminars nent memories of that experience: the red silk lining of on increasing diversity in the legal profession. Belli’s fancy suit and, despite Belli’s formidable reputation, “It’s important to us at Alston & Bird that individuals the surprising realization that a career in law was within with the ability to succeed at the firm have that opportuhis own reach. nity,” he says. “There’s a business case for providing those “I felt that what Belli did in the courtroom was achievopportunities, but I’m less interested in that. Alston & Bird able. He was a great attorney, but he didn’t have to be does this because it’s the right thing to do.” Perry Mason. That made it seem possible for me to become To learn more about creating or supporting a scholara lawyer.” ship at Emory Law, contact Joella Hricik, associate dean At Emory Law, Latham was research editor of the for development and alumni relations, at 404.727.9172 or Emory Law Journal and a recipient of the Giles S. Rich joella.hricik@emory.edu. — Terri McIntosh 32

emory lawyer

AnnualGiving

E m o ry L aw u n d E r s ta n d s that there is much more to law school than classwork. Created

in 2011 and co-directed by Associate Dean Greg Riggs 79L, the school’s Center for Professional Development and Career Strategy helps students and young alumni chart a wise professional course, build a network, and position themselves for success in the field. Alumni and friends who make annual gifts to the Law School Fund sustain the center’s work. Make your annual gift to Emory Law today. Visit www.law.emory.edu/give-back.

Office of Marketing and Communications 1301 Clifton Road Atlanta, ga 30322-2770

Polar Opposites: The Challenges of Governing in a Time of Political Polarization Emory University President James Wagner (l. to r.) and Emory Law School Dean Robert Schapiro visit with Reunion Weekend panelists U.S. Rep. Sanford D. Bishop 71L, former U.S. Sen. Sam A. Nunn Jr. 62L, Judge M. Yvette Miller 88L, former U.S. Rep. Elliott H. Levitas 52C 56L, Georgia Attorney General Sam S. Olens 83L and Professor Tom S. Clark. See page 3.