Emory Lawyer | Summer 2009 by Emory University School of Law

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summer 2009

Opening Doors Two Emory Law alumni pave the way for private schools in Georgia to desegregate

Commencement 2009

wo hundred twenty-two graduates were honored May 11 during the Emory Law Hooding and Diploma Ceremony. Professor of Law Robert Schapiro received the Emory Williams Teaching Award. Emory Law’s Most Outstanding Professor Award was presented to Dorothy Brown, a recent senior faculty appointment whose expertise is in tax law and critical race theory. Robert W. Woodruff Professor of Law Martha L. A. Fineman received Emory University’s Scholar/Teacher Award. She is the third Emory Law professor to receive this award. Brent Douglas 09l was chosen as this year’s Most Outstanding Third-Year Student. Currey Hitchens 09l was the recipient of the A. James Elliott Community Service Award — a new award honoring the contributions of Emory Law Professor Jim Elliott 63c 66l. Terri Porter 09l received the Gloria Jean Fowler Angel Award, which recognizes a student who embodies the kindness and grace of former Emory Law employee Gloria Jean Fowler. Learn more about Commencement 2009 at www.law.emory.edu/ 09commencement. Photos from the Hooding and Diploma Ceremony are available at www.law.emory.edu/09diploma.

Associate Dean of Development and University Relations Susan Fitzgerald Carter, JD Senior Director of Marketing and Communications Timothy L. Hussey, APR Editor Wendy R. Cromwell Associate Director of Publications Contributors Liz Chilla, Assistant Manager of Communications Holly Cline Nathaniel Gozansky, Professor of Law Lori Johnston Phyllis Mahoney Ginger Pyron Art Direction/Design Winnie Hulme Design Office Photographers American Red Cross Lowcountry Chapter Patricia Thrower Barmeyer Tony Benner Birmingham (Ala.) News Liz Chilla Wendy Cromwell Corky Gallo Christian Gant Georgia State University School of Law Florida Coastal School of Law Jaffe Associates Caroline Joe LPK Agency Gary Meek Leslie Powell Rich Foods Roger Williams University Samford University Mike Strawn United Theological Seminary of the Twin Cities University of Louisville University of Miami About the cover The cover illustration was created by Brian Stauffer. About Emory Lawyer Emory Lawyer is published biannually by Emory University School of Law and is distributed free to alumni and friends. It is produced by the Office of Marketing and Communications. Send letters to the editor and other correspondence to Wendy R. Cromwell, Emory University School of Law, 1301 Clifton Road, Atlanta, GA 30322; wendy.cromwell@emory.edu; or 404.712.5384. © 2009 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

summer 2009 FEATURES

Opening Doors BY WENDY R. CROMWELL

wo Emory Law alumni pave the way for private schools in Georgia, T including Emory University, to desegregate.

Leaving Billable Hours and the Courtroom Behind BY PHYLLIS MAHONEY

Whether in teaching, business, government or matchmaking, law degrees come in handy.

Yes We Did BY LIZ CHILLA

mory Law students brave freezing temperatures to witness historic E swearing-in of first African American president of United States.

Living the Legacy BY GINGER PYRON

rofessor and students document — and honor — the high standards P of Judge Richard S. Arnold.

Teaching That Comes Naturally BY HOLLY CLINE

Emory Law alumni make their mark at law schools nationwide.

Preaching What They Practiced BY LORI JOHNSTON

S even professors — and alums — bring their real-world experience to Emory’s classrooms.

PERSPECTIVE

urner Students Argue Against Plant Expansion T BY LIZ CHILLA

Sparring Outside the Classroom BY WENDY R. CROMWELL

Advice to Simplify Proves Key BY WENDY R. CROMWELL

Securing a ‘Better Deal’ BY WENDY R. CROMWELL

Offering Hope BY PHYLLIS MAHONEY

Dean’s View

World Events Shape Clinic Experience BY WENDY R. CROMWELL

In Brief

Faculty Voices

CLOSING

Patricia Collins Butler 31l Leaves Rich Legacy

Margaret Thrower Enriches Law Community

DEPARTMENTS

Class Notes

In Memoriam

Giving Back

Deanâ&#x20AC;&#x2122;s View

The Shoulders of Giants

early 50 years ago, two Emory Law alumni pursued a court case that would change the face of Emory University and private education in Georgia forever.

The case was Emory v. Nash, and the men in question were Henry L. Bowden 32c 34l 59h and Ben F. Johnson Jr. 36c 40l 05h. The conflicting tax code issue at the heart of the case would rise to the Georgia Supreme Court, and in offering possible solutions, Bowden and Johnson would provide the court an opportunity to quietly integrate private education in Georgia. It is a powerful example of how the law can lead to social change. Following the decision, African American students were allowed to enroll and graduate from Emory University. Not content with the victory, Johnson, dean of Emory Law at the time, worked with former professor Michael DeVito to begin the Pre-Start program. Pre-Start offered African American students the opportunity to attend Emory Law classes over the summer and if successful, enroll in the fall. Read more about this historic case and the men who argued it on page 8. Last fall, the Counsel for Legal Education Opportunity honored Emory Law and Professor Nat Gozansky for efforts to save the organization that grew out of the Pre-Start program. Through the work of Dean Johnson, Professor Gozansky and former Professor DeVito, Emory Law has a distinguished national reputation for helping change the face of legal education and the profession. It is a powerful legacy, and one that today, we are proud to continue. Emory Law consistently ranks among the most diverse law schools in the country. Nearly one third of our student body is made up of students from under represented groups. Two years ago, Emory Law created the Office of Diversity and Community Initiatives and appointed our first chief diversity officer. Today, we continue to help our students build community and embrace the strength of their differences, and explore how those

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differences can bridge divides among races, nationalities, sexual orientation and financial circumstances. As dean, I am proud of the history and tradition left to us by these insightful and courageous leaders. As the legal market continues to adapt to the challenges of this new economy, our students face uncertain prospects. We must prepare them for more than practice; we must prepare them to graduate and make an immediate impact in whatever career path they choose. We must ensure that an outstanding Emory legal education is attainable for all qualified students; that we continue to recruit an outstanding and diverse class each year and that we give our students the tools they need to become successful lawyers. This is the enduring legacy of Henry L. Bowden and Dean Ben Johnson Jr., and it is our challenge today.

David F. Partlett Dean and Asa Griggs Candler Professor of Law

In Brief Emory Law Student Examines Sixth Amendment and the Georgia Supreme Court

mory Law student Daniel Levitas 10l published an op-ed in the Daily Report examining the Georgia Supreme Court’s ruling in Presley v. State. Levitas argues the decision in Presley violates the Sixth Amendment right to a public trial. (Read the full op-ed at www.law.emory. edu/Levitas_op-ed.) He drafted the piece using research from his student Comment, “Scaling Waller: How Courts Have Eroded the Sixth Amendment Public Trial Right,” which was accepted in Volume 59 of the Emory Law Journal. Levitas serves as an executive managing editor of the Emory Law Journal. His 2002 book, The Terrorist Next Door: The Militia Movement and the Radical Right, was nominated for a Pulitzer Prize and a National Book Award. Levitas held a field placement internship with Georgia Supreme Court Presiding Justice Carol W. Hunstein in 2008, though he did not work on Presley v. State.

Rev. Robinson Delivers Currie Lecture on Gay Civil Rights The Right Rev. V. Gene Robinson, bishop of the Episcopal Diocese of New Hampshire, addressed nearly 700 at the Center for the Study of Law and Religion’s annual Currie Lecture in Law and Religion. Robinson discussed being the first openly gay bishop in a mainline Christian denomination in “Why Religion Matters in the Quest for Gay Civil Rights.” “We are talking about the way we change our minds — as a culture, a nation and religious communities — about something we’ve been very sure about for thousands of years. I believe it will take religious voices and religious people to undo the harm and devastation.”

Emory Law Announces New Faculty for Fall 2009

mory Law has hired three full-time faculty members, Timothy R. Holbrook, Alexander “Sasha” Volokh and Barbara Bennett Woodhouse, this fall. Holbrook was an associate professor of law and director of the Program in Intellectual Property Law at ChicagoKent College of Law. His scholarship focuses on issues of patent law. Volokh was a visiting professor at Georgetown University Law Center and the University of Houston Law Center. Holbrook

His research interests include law and economics, administrative law and the regulatory process, environmental law and policy, and legal history. Woodhouse of the University of Florida Levin College of Law specializes in children’s rights, family law and constitutional law. At Florida, Woodhouse was founder and director of the Center on Children and Families and co-director of the Institute for Child and Adolescent Woodhouse Research and Evaluation.

Students Participate in Summer Research Projects EMORY LAW’S NEW GLOBAL HEALTH LAW & POLICY PROJECT is funding five

student summer research projects through an Emory Global Health Institute grant. The five students are (first row, from left) Jeannine W. Privat 10L, who will conduct research in an effort to reolve the waste management crisis in Liberia through a network approach; Courtney O’Donnell 10L, who will serve as a special assistant to the chief prosecutor of the Sexual and Gender-Based Violence Crimes; and Tara

Ramanathan 10L, who will work with the World Health Organization in Switzerland to examine how the implementation of the Framework Convention on Tobacco Control is affecting global health; (second row, from left) Daniel A Hougendobler 11L, who will investigate the effects of the President’s Emergency Plan for AIDS Relief in Rwanda, and Simeon Niles 11L, who will work with Ramanathan. Learn more at www.law.emory.edu/GHLPPstudents.

summer 2009

In Brief Barton Clinic Pushes for Change in Georgia Legislation

Class of 2009 Raises More than $50,000 at 3L Spaghetti Dinner Dean David F. Partlett (right) competes against JD Costa 09L (from left) and Travis Santos 09L in a bow-tie tying contest during the annual 3L Spaghetti Dinner on March 18. The Class of 2009 held a friendly competition in which students “placed bets” as faculty members challenged them and one another to contests. The class raised more than $50,000 in gifts and pledges at the dinner and $73,560 overall to fund an annual Spring 3L Career Fair with small to midsize law firms and to help furnish the “Top Shelf” patio on the west side of Grambrell Hall. Learn more at www.law.emory.edu/09spaghettidinner.

n April 2, the Child Protection and Public Safety Act — a bill to rewrite Georgia’s juvenile code — was introduced in the Georgia General Assembly by Sen. Bill Hamrick, R-Carrolton. The proposed legislation, drafted under the leadership of Emory Law’s Barton Child Law and Policy Clinic’s Policy and Advocacy Director Beth Reimels 01L, includes more than 20 sponsors from both parties in the Georgia Senate. The Barton Clinic continues to assist victims of commercial sexual exploitation of children through education and policy work. Barton Clinic faculty and students have provided testimony and research in response to specific legislative requests from Georgia’s Joint Commission on the Sexual Exploitation of Minors. As a result, the commission plans to introduce legislation to change the mandatory reporting law to require reporting if a child is suspected of being prostituted by anyone, not just by a parent or caretaker.

An-Na’im Named 2009 Slieper Leads New Global Health Law Program at Emory Carnegie Scholar

had F. Slieper 05l became program director of Emory Law’s new Global Health Law and Policy Project in November. The project funded by the Emory Global Health Institute, provides a forum for learning, training and debate about global health issues from a legal and policy perspective. It involves a number of Emory schools and departments, including the Rollins School of Public Health, the Department of Economics, the Roberto C. Goizueta Business School, the School of Medicine and the Nell Hodgson Woodruff School of Nursing. “With the expertise of Emory Law’s faculty and the talent of our students, we have a real opportunity to become a vital part of Emory’s Global Health Initiative as a leader in addressing the legal and policy issues that underlie global health solutions,” Slieper says. Slieper previously worked as a clinical ethicist at the University of Texas M.D. Anderson Cancer Center and brings experience in health care, biotechnology and bioethics, as well as the planning and development of educational events and programs related to these issues. 4

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harles Howard Candler Professor of Law Abdullahi Ahmed An-Na’im has been named a 2009 Carnegie Scholar by the Carnegie Corp. of New York. An-Na’im was selected for his compelling ideas and commitment to enriching the quality of the public dialogue on Islam. His project, “Enhancing Citizenship: American Muslims and American Secularism,” will investigate the theoretical and practical underpinnings of American secularism as the basis for encouraging American Muslims to participate more actively in civic life. “This project is what I call, ‘scholarship for social change,’ and it’s also personal for my family and grandchildren,” An-Na’im says. An-Na’im is one of 24 awardees, who will receive twoyear grants of up to $100,000. The 2009 scholars are the fifth class to focus on Islam since the program began in 2000.

In Brief McClure and Alexander Win Good Apple Award

Emory Law Before the U.S. Supreme Court Dean David F. Partlett and Professor Robert Schapiro helped celebrate as nine Emory Law alumni were sworn into the U.S. Supreme Court Bar on April 27. The nine are: (first row; from left) James Cooper 89L, Laurent Badoux 97L, Renata Cooper 89L, Lee Miller 82L, Jackie Pampel 02L and David Hamilton 75L with Professor Schapiro and (second row, from left) Ethan Rosenzweig 02L, Della Wells 86L, David Grimes 87L with Dean Partlett and Sean Loughran 01L. As members of the Court’s Bar, these alumni may argue before the Court and receive special access to the Court’s facilities and arguments.

Alumni Provide Practical Advice in Practice Rounds THIS SPRING, the Office of Career Services introduced Practice Rounds, a program to help to prepare students as they enter the legal job market by connecting them with local lawyers. “Practice Rounds was developed in response to student feedback requesting more small and midsize firm networking and information gathering opportunities,” says Supria Kuppuswamy, associate director. Practice Rounds consisted of roundtable discussions lead by Emory Law alumni and friends in various stages of their legal careers. Fifteen metro Atlanta law firms were represented. Discussions covered five popular practice areas: civil litigation; corporate transactions; bankruptcy/foreclosures/ creditors and debtors rights; real estate transactions; and labor and employment.

mory Law alumna Teri Plummer McClure 88l and Professor Frank S. Alexander and are the recipients of the 2009 Good Apple Award from the Georgia Appleseed Center for Law and Justice. Alexander The Good Apple Award recognizes distinguished pro bono leadership that exemplifies the values and goals of Georgia Appleseed, addresses social justice problems and advocates for children, the McClure poor and the marginalized. Learn more at www. law.emory.edu/appleaward.

Emory Law Student To Be Published in Peer-Reviewed Bankruptcy Law Journal

student comment by Chelsey Tulis 10L has been selected for publication in the peer-reviewed American Bankruptcy Law Journal by the National Conference of Bankruptcy Judges. “Get Real: Reframing the Debate Over How to Calculate Projected Disposable Income in §1325(b)” addresses how courts should calculate payment plans for chapter 13 consumer debtors. Tulis examines whether §1325(b) dictates the use of the formulaic means test as a substitute for judicial discretion, or whether courts can consider sources beyond the means test when calculating a debtor’s payment plan. She argues §1325(b) does not support the use of judicial discretion. “This problem is prevalent in bankruptcy courts and a significant issue for consumer debtors,” she says. Tulis is an incoming executive managing editor of the Emory Bankruptcy Developments Journal. Emory Law visiting professor Laura Spitz served as her comment adviser. summer 2009

In Brief

Van der Vyver Celebrates 50 Years of Teaching

Moot Court Society Celebrates Recent Successes

mory Law’s National Moot Court Society team of Kelly Frey 09l, Steve Merritt 09l and Mike Stacy 09l (pictured), competed in the National Moot Court Competition on Feb. 2 – 5 in New York. The team, coached by Ivan Mihailov 09l and Hilary Gardner 09l (pictured), qualified for nationals after going undefeated in oral arguments at the Southeast regional competition in Atlanta. The international law moot court team of Jason Esteves 10l, Nicole Bisbane 10l, Meghan McIntee 10l and Matthew Olinzock 10l competed in the semifinals of the Super Regional Competition of the Philip C. Jessup International Moot Court Competition after going undefeated in the preliminary rounds. The Jessup Competition is the world’s largest, featuring more than 500 law schools from more than 80 countries. Brisbane and McIntee received Best Oralist awards. The Intellectual Property Moot Court Team of Sherry Akande 10l, Jenna Bowen 10l, Katie Lamb-Balthrop 10l and Peter Querubin 10l competed in the finals of the Saul Lefkowitz Intellectual Property Competition, winning the Best Oralist Team award for the Southern region.

Professor Victoria F. Nourse Featured In Book on Equal Rights with Ginsburg L.Q.C. LAMAR PROFESSOR OF LAW Victoria F. Nourse is featured with U.S. Supreme Court Justice Ruth Bader Ginsburg in Fred Stebeigh’s new book, Equal: Women Reshape American Law, which recounts the transformation of the legal field to recognize the equal rights of women by those who lead the charge. The book was published this winter. Nourse was included for her work as special 6

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counsel for the Senate Judiciary Committee in drafting the Violence Against Women Act during the early 1990s. “I like to tell my students ‘I was there at the creation,’” says Nourse, who specializes in criminal and constitutional law and worked with thenSen. Joseph Biden on the act. “You would not believe how shocking the debates were.” Nourse helped lead the effort to draft and pass the act, which faced opposition from the judicial branch. The Violence Against Women Act was first passed in 1994.

ohan D. van der Vyver, I.T. Cohen Professor of International Law and Human Rights, has completed his 50th year of law teaching. He says he’s just getting started and has his best work ahead of him. His colleagues think that he is, as usual, being too modest. “We have had a legal giant quietly walking amongst us, and it’s time to take his full measure,” says Professor John Witte Jr. Van der Vyver has lectured throughout the world and published 15 books, 300 articles and hundreds of shorter essays. But, van der Vyver is best known as the “doyen” of human rights in his native South Africa. He was fired from his professorship at the University of Pochefstroom for his criticisms of the government’s apartheid policy. Thereafter, he launched a campaign of human rights and constitutional reform. He organized the first human rights conference in Cape Town in 1979 and delivered a series of award-winning lectures on human rights that are anchor texts for the new South Africa. He is finishing a major threevolume work on the international criminal court. GO FIGURE

No. 20

Emory Law is No. 20 in the 2010 U.S. News & World Report graduate school rankings, up two spots from last year. We are tied with University of Minnesota and Boston University.

Faculty Voices

Opening the Legal Profession to Minorities by Nat Gozansky

Just as Emory Law continues to lead in making diversity a reality, it also continues to lead in skills training.

of the poor. I was successful by funding the any in academia do not get the program through Mary Holmes Junior College opportunity to participate in thus eliminating the governor’s power to veto groundbreaking experiments that the grant. contribute to the advancement of our society. The following two summers I directed I am grateful to Emory Law for giving me the Emory’s Pre-Start program. My Office of Legal opportunity to participate in opening the legal Services and Pre-Start experience resulted in profession to underrepresented members of my being recruited as cleo’s academic direcsociety. tor in 1970. For two years, I negotiated sites In the 1960s segregation was the norm. for summer institutes and helped develop After overturning the state law that barred private schools from integrating without losing an ever more sophisticated — at least we their tax exemption in 1962, Emory University thought — curriculum. I also found myself confronted with an School of Law Dean Ben F. Johnson Jr. 36c unanticipated challenge. President Nixon 40l 05h began recruiting African American directed a fellow, Donald Rumsfeld, to disstudents. mantle the Office of Economic Opportunity. In 1966, Johnson received a Field For cleo to survive, it had to be based in a Foundation grant for Pre-Start, a summer different federal agency. program led by Professor Michael DeVito That agency was the Department of that recruited African Americans. After two Education. Suffice it to say, we succeeded successful summers that added more than 20 in getting the transfer and then relocatblack students to the law school, the Emory ing the cleo headquarters from Atlanta to concept became the model for a national Washington, D.C. It was clear that if you are program, the Council on Legal Education funded by the government, you best have easy Opportunity. In 1968, Emory hosted one of access to the funding agency. four regional cleo institutes. Today at Emory Law, nearly a third of the I joined the faculty in 1967. Among the students are men and women from underrepmany attributes that drew me from Vanderbilt resented groups — African American, Asian University were Emory’s neighborhood law offices. These offices were funded by the Office and Hispanic. Nearly half the student body is women. National statistics on minority enrollof Economic Opportunity’s Office of Legal Services and provided civil legal services to the ment are not quite as good as Emory — but close. And, cleo celebrated its 40th anniverarea’s poor. From a teaching perspective, this gave me a sary in 2008. Just as Emory Law continues to lead in resource to experiment with teaching law stumaking diversity a reality, it also continues dents interviewing and counseling techniques. to lead in skills training. Our Kessler-Eidson With client permission, we videotaped student Program for Trial Techniques and our transaclawyers interviewing clients. Just as Emory tion skills curriculum are and will be copied Law helped lead desegregating the student by law schools throughout the country and population, it took a leadership role in skills abroad. training. In 1968, I became interim director of the Nathaniel Gozansky is a professor of law at Office of Legal Services’ Southeast Regional Emory where he specializes in contracts and family Office, which processed the grant funding for law. Gozansky served as the associate director of our neighborhood law offices. While I saw to academics of CLEO in 1970. In December, he it that ours and other grants were processed, received one of CLEO’s Pioneer in Diversity awards for his efforts to save the program during the Nixon much of my energy was spent thwarting the Administration. Mississippi governor’s effort to terminate the Mississippi Rural Legal Services program. Learn more about the integration of Emory and The crown jewel in the national legal serEmory Law, pages 8 –14. vices program, the Mississippi program had many suits pending against the state on behalf summer 2009

Two Emory Law alumni pave the way for private schools in Georgia, including Emory University, to desegregate by Wendy R. Cromwell

Opening Doors

here was nothing about either man that indicated a rebellious nature. Henry L. Bowden 32c 34l 59h and Ben F. Johnson Jr. 36c 40l 05h were products of the Depression, World Wars and the segregated South. They shared a love of the law and of Emory University. Yet, as co-counselors in Emory v. Nash, Bowden and Johnson would challenge segregation and ensure all students had an equal opportunity to study at private schools in Georgia, and at Emory in particular.

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summer 2009

TWO YEARS BEFORE THE CIVIL RIGHTS ACT OF 1964 out-

lawed Jim Crow laws, Emory peacefully paved the way for the integration of private schools in Georgia with a quiet tax law case. “Emory was ingrained in Dad,” says Henry L. Bowden Jr. 74l of his father. “He loved that school and felt like it was under attack. There was a financial stake with the court’s decision. He was protecting his school.”

“EMORY WAS INGRAINED IN DAD. HE LOVED THAT SCHOOL AND FELT LIKE IT WAS UNDER ATTACK. THERE WAS A FINANCIAL STAKE WITH THE COURT’S DECISION. HE WAS PROTECTING HIS SCHOOL.” — Henry L. Bowden Jr. 74L about his father, Henry L. Bowden 32C 34L 59H

“My father was convinced the South would not flourish with segregation and that Emory would never achieve a great university or law school if it didn’t fight against segregated society,” says Ben F. Johnson iii 64c, chair of Emory’s Board of Trustees.

appealed to the Georgia Supreme Court. The University presented legislative history that argued harmonized the two statutory provisos in such a way that the statute was upheld, but, as applied to Emory, the University would be allowed to integrate without losing its tax exemptions. “Dad and Ben Johnson presented the easiest way for the court to rule in Emory’s favor,” Bowden Jr. says. “They were determined to save the tax exemption.” Alternatively, Emory wanted the Supreme Court to reverse the trial cort’s ruling that proviso two, if properly construed as being unconstitutional, was “unseverable” and “invalidated” the private college tax exemptions. Emory argued that proviso two if construed to be unconstitutional was severable from the statute so that the tax exemptions granted to the private colleges survived. The Supreme Court decided the case on the basis of statutory construction, striking both provisos as being in “irreconcilable conflict,” and ruled the statutory exemptions survived. The court held that, “Emory, as a private school, can accept colored students without jeopardizing its tax exemptions.” (Emory University v. Nash, 218 ga. 317, 322-323) In September 1962, there were no protests on campus after the Supreme Court decided Emory and other private schools could integrate. On Oct. 1, 1962, the court denied DeKalb County’s request to reconsider its decision. “They got the job done when it needed to be done,” Bowden Jr. says of the legal team. “It was a progressive ruling.”

Working together Although the Board of Trustees wanted to integrate, its hands were tied until the tax exemption issue could be resolved. When Bowden, the board chair and University general counsel, began preparing Emory v. Nash, he turned to one of the state’s tax experts to help him — the new dean of Emory Law. “It was a smart thing to bring Ben Johnson into the case,” says Bowden Jr., an Emory trustee. “Ben Johnson believed in integration. He was the state and local tax expert. It’s what he taught. This was a state tax issue.” “Mr. Bowden wanted him because Dad was someone known around the state,” Johnson iii says. “He worked for Emory and had the tax expertise needed.” The two attorneys took the emotion out of the case by framing it as a tax code question focusing on statutory construction. “Bear in mind, the co-counselors weren’t taking a favorable ruling for granted,” says Jeanne Henry L. Bowden 32C 34L 59H was determined to protect his school, Emory University, while paving the way for integration. Johnson Bowden 77l, Bowden’s daughterin-law. “They were mindful of their duty to the University and didn’t want the case adversely to affect The first full-time African American students enrolled in Emory or other private schools. Emory did invite the other Nell Hodgson Woodruff School of Nursing. private schools to join the lawsuit, but they declined.” “One of my father’s favorite sayings was, ‘I’m here to After losing in DeKalb County Superior Court, Emory protect the integrity of your aspirations,’ ” Johnson iii says. 10

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“He knew he needed to be testing limits to preserve those aspirations. “Dad and Mr. Bowden were friends,” Johnson iii says. “I know my father probably told him at times he was ‘here to protect the integrity of your aspirations.’” “They obviously made a great team and carried the day,” Bowden Jr. says. Henry L. Bowden 32C 34L 59H Bowden grew up during the Depression in the segregated South. A principled man, he wanted the best for Emory University and for Emory to be the best. Integration was a hurdle. A pragmatist, Bowden was determined Emory would not lose its tax exemption status. “He was steeped in Emory tradition,” Bowden Jr. says. “After he graduated from Emory Law, he worked for a copyright attorney and traveled around Georgia, Alabama and Florida. He would send back reports on Emory graduates in the cities he visited — ‘man-on-the-road’ accounts.” Bowden grew up near the University, and his father attended Emory. “My father was not a Phi Beta Kappa student,” says Bowden Jr. “But he was an all-round student. He was an athlete, belonged to a fraternity, was editor of The Wheel and worked in the gym.” Bowden would serve as chair of the Board of Trustees from 1958 to 1979. “He went from being the youngest board member to being the oldest,” says his son. When Emory’s general counsel unexpectedly died, Bowden became general counsel, in addition to serving as city attorney for Atlanta from 1960 to 1978 and having a successful law firm, Lokey and Bowden, from 1937 to 1995.

“HE WAS A PRAGMATIST, A HUMORIST AND A SMART GUY. HE WAS NOT AN IDEOLOGUE. HE BELIEVED IN GOD, HIS CHURCH AND EMORY.” — Henry L. Bowden Jr. 74L about his father, Henry L. Bowden 32C 34L 59H

“Daddy’s life was intertwined with Emory,” Bowden Jr. says. “He was an unusual kind of guy. He was a pragmatist, a humorist and a smart guy. He was not an ideologue. He believed in God, his church and Emory.” Bowden also was friends with Atlanta’s captains of industry and recruited them to serve on Emory’s Board of Trustees. Bowden wanted trustees who would work and be good stewards of Emory’s growing endowment. “Remember, Atlanta was the city ‘too busy to hate,’” Bowden Jr. says. “At this time, Robert Woodruff, Ivan Allen, Ben Johnson Jr., my father and others — all

Emory v. Nash After the 1954 Brown v. Board of Education mandated the integration of public schools and universities across the South, private schools in Georgia were believed to be required by law to remain segregated or lose their tax exemption status. The state constitution and tax code granted tax exemptions subject to the requirements that private schools are open to the general public and “that all endowments to institutions established for white people shall be limited to white people, and all endowments to institutions established for colored people shall be limited to colored people.” Nov. 3, 1961 The Emory University Board of Trustees publicly declares the University will accept all qualified persons without regard to race, color or creed when it could do so without jeopardizing its tax exemption privileges that are essential to its survival. March 21, 1962 On behalf of a qualified African American applicant, the University sues Fulton County and state tax officials asking that the second tax proviso not be applied to Emory, or if found unconstitutional be severed from the exemption statute. The case is dismissed because of improper venue. May 1962 Emory files suit in DeKalb County on the same grounds. Emory argues though it has never accepted African Americans, the University’s charter does not limit it as a school for “white people.” Emory argues the provisos can be harmonized under the statute’s legislative history to allow the University’s integration. If the second proviso does apply to Emory, the University argues it is unconstitutional under the 14th Amendment’s Equal Protection Clause and according to Georgia law precedent should be severed from the statute in such a way to preserve the tax exemptions for private schools. June 13, 1962 DeKalb County Superior Court Judge Frank Guess rules Emory will lose its tax exemption if it integrates. Emory immediately appeals. July 10, 1962 Oral arguments take place before the Georgia Supreme Court. Sept. 14, 1962 Georgia Supreme Court issues a unanimous ruling for Emory. The court holds the University can accept African Americans without jeopardizing its tax exemptions and that the trial court erred in its ruling and in refusing to grant the injunction Emory sought. Oct. 1, 1962 Georgia Supreme Court denies DeKalb County’s motion for a rehearing. January 1963 Two African American students, Verdelle Bellamy and Allie Frances Saxon, enroll in Emory’s Nell Hodgson Woodruff School of Nursing and become the first regular full-time African American students. Fall 1965 Marvin Arrington and Clarence Cooper transfer from Howard University School of Law and integrate Emory Law’s day program. [Desegregation Documentation Collection] Manuscript, Archives and Rare Book Library, Emory University.

summer 2009

Leading the Way in Finding Qualified Minority Students ONCE EMORY UNIVERSITY could integrate, Dean Ben F. Johnson Jr. 36C 40L 05H focused on finding capable minority students for the law school. “He knew the deck was stacked against black students getting into white law schools because of the low LSAT scores,” says Ben F. Johnson III 65C of his father. “He was determined to find out if they could do the work. Were they able to do the legal work sufficiently to earn an Emory Law diploma?” “Their actual performance on the test was not a good predictor,” says Michael DeVito, a former Emory Law professor who served on the LSAT board for 20 years. Dean Johnson and DeVito developed a format — Pre-Start — that offered students with low LSATs from historically black colleges the opportunity to prove themselves during the summer. The program was funded by the Field Foundation. “The first one in 1966 had one course, torts, which I taught,” DeVito says. “I had other faculty members grade the exams as well to make sure the students could meet the standards of Emory University.” Pre-Start differed from Harvard University’s program in that students

took three law exams and had to average a 70 in the class which would be applied toward their degree. “If we passed, we were admitted into the fall class and our expenses were taken care of through a stipend for the first year,” says Atlanta attorney Antonio Thomas 69L. “I had no idea what a law school exam would be like,” says classmate Perry Little 69L, a retired senior judge for the Florida Circuit Court. “I had never seen or read one. It was definitely helpful.” Of the 12 students in the 1966 program, nine were admitted. Eight graduated. “The program was absolutely a good predictor of those who could do the work,” DeVito says. “It had a remarkable graduation rate. We only lost one student for academic reasons.” In 1967, Johnson and DeVito expanded Pre-Start to three courses with three professors, believing that “the combined judgment of three people would be a better predictor than the judgment of one,” DeVito says. “We didn’t have a special program for African Americans once they were admitted,” DeVito says. “We didn’t pay special attention to them. They had

progressive— were working to benefit Atlanta.” A trustee at Clark College, now Clark-Atlanta University, and Wesleyan College, Bowden would later lead the way in integrating the Atlanta City Attorney’s office. “Dad was a right-thinking guy,” Bowden Jr. says. “Among my dad’s strengths were his good judgment and a strong sense of ethics. As a result, while he was not always right, he generally came out on the right side of things.” For his leadership in integrating the school, the American Association of University Professors awarded him its prestigious national award for academic freedom, the Alexander Meikeljohn Award, in 1963. Dean Ben F. Johnson Jr. 36C 40L 05H “There was not a lot to distinguish him,” Johnson iii says. “He was a product of the South and of segregated society. Father grew up in Atlanta and never really had any exposure outside Atlanta until World War ii. “Before World War ii, he worked at Sutherland, Tuttle & Brennan under Elbert Tuttle, who would become the chief judge of the old 5th Circuit and one of the great heroes of the Civil Rights Movement,” Johnson iii says. “My father 12

emory lawyer

to meet the same standards as other students.” Emory Law suspended the program in 1968 when it participated in the first Council for Legal Education Opportunity (CLEO) program, based in part on PreStart. The program resumed in 1969. The Field Foundation ended its funding in 1971.

“The legacy of Pre-Start is that it allowed us to consider a profession that we might not have thought about,” Little says. “You look back now and say wow. We didn’t have time to think of ourselves as being pioneers. We just took it day by day.” “The program’s legacy is CLEO and its graduates,” Thomas says. “There may have been a CLEO later on. Maybe others would have been as creative. But, Emory was the first and you can’t take that away. I don’t think many people realize the impact it has had.”

“MY FATHER WAS CONVINCED THE SOUTH WOULD NOT FLOURISH WITH SEGREGATION AND THAT EMORY WOULD NEVER ACHIEVE A GREAT UNIVERSITY OR LAW SCHOOL IF IT DIDN’T FIGHT AGAINST SEGREGATED SOCIETY.” — Ben F. Johnson III 64C about his father, Ben F. Johnson Jr. 36C 40L 05H

was affected tremendously by Tuttle and World War ii.” Dean Johnson sought to raise Emory Law’s prominence and defend the rule of law. His biggest obstacle was segregation. His tools were an intricate knowledge of Georgia tax law and a willingness to ask “why not?” According to his son, Dean Johnson “wanted the law to do its job.

was just trying to make his point and do what was right. Clearly, the integration of Emory Law is one of his greatest achievements. He never sought any credit for anything he ever did.”

Dean Ben F. Johnson Jr. 36C 40L 05H (right) was determined to raise Emory Law’s prominence. His hurdle was segregation.

“I remember he used to invite leading lawyers to speak to students for Law Day,” Johnson iii says. “One year, he invited Earl Warren, then a U.S. Supreme Court justice. This was after Brown v. Board of Education. Warren drove in from the airport past billboards demanding his impeachment. “He wanted his students to see what doing right meant,” Johnson iii says, “He wanted to develop a conscience in his students about the law. How can you be a lawyer and ignore the law of the land?” Dean Johnson realized the law was not going to be respected if there were no African American attorneys. “Blacks felt disenfranchised from the legal system because there weren’t any black attorneys or judges,” Johnson iii says. “They needed role models. For the law to be enforced, we needed an effective legal system, which meant we needed black lawyers. “To integrate the legal profession, you had to integrate legal education,” Johnson iii says. “My father decided Emory Law was the law school to stand up for the law. It would be the champion of the rule of law.” Dean Johnson did not stop at integrating Emory University. After opening the doors to all, he and Professor Michael DeVito created Pre-Start to find qualified African American students when the lsat failed to do so at the time. Forty years later, Emory Law would receive the Council for Legal Education Opportunity’s Pioneer in Diversity Award for helping create cleo and its summer institutes. “He wasn’t trying to get credit,” Johnson iii says. “He

Integrating Emory Law The first African American students in Emory Law’s day program transferred from Howard University in 1965, three years after Emory v. Nash. At the time, Emory also had a night program, which had one African American student. The Hon. Marvin Arrington 67l and the Hon. Clarence Cooper 67l had an auspicious beginning to their Emory Law careers. “On the first day of class, our car — Marvin’s old Renault — broke down,” says Cooper, a federal judge for the Northern District of Georgia. “We missed our first class. When we arrived, our classmates were outside the building waiting on us. I know they were wondering what had happened to us.” Arrington, now a Fulton County Superior Court judge, was not happy at Howard. He returned home for the summer to work at the Post Office. That summer, he visited Emory Law, then in Carlos Hall. “I went into the building with its façade of Georgia marble and elegant central staircase,” says Arrington in his book, Making My Mark. “… An older gentleman stopped and asked if he could help me. I told him I was a student at Howard Law School. He introduced himself as Dean Johnson and invited me to his office.

“HE WANTED HIS STUDENTS TO SEE WHAT DOING RIGHT MEANT. HE WANTED TO DEVELOP A CONSCIENCE IN HIS STUDENTS ABOUT THE LAW. HOW CAN YOU BE A LAWYER AND IGNORE THE LAW OF THE LAND?” — Ben F. Johnson III 64C about his father, Ben F. Johnson Jr. 36C 40L 05H

“We had a constructive conversation, in which he got out of me my grade average at Howard was 76,” Arrington writes. “Within a few minutes, he asked me if I would consider coming to Emory.” “Marvin wanted to transfer and kept me abreast of what was happening,” Cooper says. “I wished him well, but I had a scholarship and was going to be on the law review at Howard. Marvin kept telling me he didn’t want to do it by himself. Mother told me to go out there and talk to the dean.” Cooper met with Dean Johnson, who persuaded him to transfer by alleviating his concerns. summer 2009

“I thought it was too late to transfer,” Cooper says. “He treated everyone the same. said he had heard about my grades and not to worry. He “We didn’t feel like pioneers at the time,” Cooper says. said he would help with tuition. I felt good about him as a “We did pave the way for others, but at the time you do it, person and made the decision during the interview to do it. you don’t feel that way. “I don’t regret transferring to Emory Law,” Cooper says. “I had never attended an integrated school before,” “I was asked to do it and felt I had an obligation to fulfill. Cooper says. “My high school was segregated. It was a My number was called.” great experience.” He and Arrington were well received by other students, Though the dean and other professors would play an Cooper says. “Everyone was friendly and cordial. It was important role in his legal training, Cooper did not know almost perfect. I think they welcomed us.” of Johnson’s and Bowden’s contributions to integrating In his book, Arrington concurs saying almost everyone Emory. worked to help them succeed though there were incidents “I was a classmate of Ellen Bowden [Bowden’s daughduring their two years. ter 62c 67l], but I never knew about her father or Dean “Dean Johnson did a great thing,” Cooper says. “A Johnson leading the way in integrating Emory,” Cooper person could really talk to him. He was open and recepsays. “We never discussed that. tive. He would lend a helping hand, and he set the tone. He “I like knowing they were true trailblazers.”

CLEO Honors Gozansky and Emory Law FOR ITS 40TH ANNIVERSARY, the Council on Legal Education Opportunity honored Emory Law and Professor Nathaniel Gozansky for their efforts in providing law school opportunities to African American students. “Lawyers are social engineers,” Gozansky says. “To change society, we needed to change the mix of advocates. That’s what CLEO did.” CLEO’s focus was to open legal education to all. Emory Law, through its Pre-Start Program, had lead the way in identifying qualified African American students who did not fare well on the LSAT. “The LSAT is the best indicator we have, but it’s not perfect,” says Michael DeVito, founding director of PreStart and the first associate director of academics for CLEO. “There are good students who don’t predict well on the exam.” Modeled in part on Emory’s PreStart, CLEO held four summer institutes in 1968. If students did well, they would be admitted by participating law schools. The first institutes were at Emory, Harvard University, the University of California at Los Angeles and the University of Denver. “Pre-Start and CLEO gave the most effective program to diversify legal education and thereby the legal profession,” DeVito says. “It was a labor intensive way, but it was the only way until the LSAT could better identify more capable minority students.” “CLEO was excellent preparation

emory lawyer

been dead,” Gozansky says. “We saved that program. Not for the fanfare, but just because it needed to be done. We were in the right place at the right time.” Today, CLEO is far different from the original summer institutes. Its main focus is providing scholarships to minority students, DeVito says. “The program has matured nicely,” Gozansky says. “They have adjusted the program to continue to meet the needs of today’s students. Now, CLEO gives minority students the support they need to maximize their success. CLEO has broadened its approach without any increase in federal Professor Nat Gozansky (center) accepts his CLEO funding, drawing the award in December at the 40th anniversary reception. majority of its funding from private donors, Gozansky says. CLEO summer program,” he says. “ I “One could argue that CLEO has it had some reservations initially about easy,” Gozansky says. “But, it’s a simple law school itself, but discovered that I task to get the doors open. It takes more was as well or better prepared as my creativity to keep them open.” classmates.” “CLEO has a tremendous legacy,” Gozansky, who replaced DeVito as Bishop says. “Look at tremendous progassociate director for academics after ress in cultural values and equal opporthe first year, was honored for his work tunity that have been made, but we still to save CLEO after President Nixon have work to do. CLEO was an affirmamoved to abolish the Office of Economic tive action program that worked.” Opportunity, which funded CLEO. “If we hadn’t been able to transLearn more about Gozansky’s efforts to fer the funding to the Department of save CLEO, page 7. Education, the program would have for my law experience,” says Georgia Congressman Sanford Bishop Jr. 71L. A Morehouse College graduate, Bishop attended the Emory institute and chose Emory because he wanted to practice law in Georgia. “I remember taking torts in the

Leaving Billable Hours and the Courtroom Behind

Whether in teaching, business, government or matchmaking, JDs come in handy By Phyllis Mahoney

hough he no longer practices law, Rich Products President and ceo Bill Gisel 78l relies on his law degree daily. “I often tell people my legal education was the most valuable part of all my education, including business school,” Gisel said, noting effective

communication and the ability to distill complex scenarios into essential elements are critical in business. Gisel is not alone in leaving billable hours and the courtroom behind. Emory Law graduates have gone into teaching, nonprofit development work, brand design, public relations, elected office and matchmaking. All agree their jds are invaluable.

Becoming a CEO

Gisel left a large Buffalo, N.Y., law firm in 1982 to work as the first in-house legal counsel at Rich, a family owned frozen foods maker in Buffalo. From the start, he was clear about wanting to move into management and soon left legal work behind. Over the years, he worked with the company’s minor league baseball division and started an international division. In 2006, he became ceo. For Gisel, private law practice sometimes felt “hollow” because he rarely was involved in an initiative from start to finish. “I really enjoy the sense of progress and sense of growth that you can achieve in the business world.”

“I really enjoy the sense of progress and sense of growth that you can achieve in the business world.” — Bill Gisel 78L Representing Law Firms

Gisel

Lizabeth Bard Lindley 93l found the two and a half years she practiced matrimonial law disheartening. “I realized I didn’t love it. I found what I loved a bit more was getting new business into the firm.” summer 2009

Lindley took a New York University course in marketing for professional services firms. She began representing lawyers and law schools at Edelman Public Relations Worldwide in New York, where her “successes came far more quickly.” Having practiced law, she understood her clients’ needs. Lindley She discovered pr required many skills she learned at Emory, including speaking and writing persuasively and quickly getting to the heart of the matter. Now, she works from her New Jersey home as senior vice president of public relations and marketing consulting at Jaffe Associates, an entirely virtual public relations firm that exclusively represents lawyers and law firms, helping fellow attorneys develop new business and achieve greater media visibility. Lindley uses videoconferencing and other technology to connect with colleagues and clients throughout the country. As a working mother, she enjoys her job’s flexibility. “It can’t be beat.”

said, ‘Why don’t you? You’d be great at this.’” Months later in April 2008, she quit her job and launched Sunday at Noon in Manhattan. She interviews clients and sets them up for Sunday brunches, not the usual drinks or dinner. Her business also hosts social events and “is growing in the worst economy ever.” The interviewing, assessment and writing skills honed during her legal career are handy, as are her knowledge of contracts and negotiations and ability to handle stress. While she’s had to rein in her spending since parting with her legal salary, Gallison advises others to do what they love. “I think a lot of lawyers don’t go after their dreams because of fear.”

Helping the Red Cross

Gordon “Trip” Robertson iii 93l’s jd brings him credibility. “There’s an awareness that when one earns a degree from a school like Emory, he or she has demonstrated the ability to think in a linear fashion, approach problems in a creative fashion and think on your feet,” said Robertson, regional development officer for the American Red Cross Carolina Lowcountry Chapter.

“I think a lot of lawyers don’t go after their dreams because of fear.” — Marni J. Gallison 98L Matchmaking in New York

Marni J. Gallison 98l practiced law for nearly 10 years and was on a partnership track at her New York firm when she chatted with a friend about dating services. “I said to him, ‘I should start my own business. I can improve upon everything out there.’ He looked at me and

Robertson

Robertson spent four years as a public defender in the Seattle area before opting for more rewarding work. He moved to the Charleston, S.C., area 12 years ago and taught at private schools, eventually becoming a headmaster. His next move was to Communities In Schools, a nonprofit focused on preventing school dropouts. Last year, he joined the Red Cross. He loves the challenge of making the case for why it deserves support. “The only time I look back with regret is when I look at my student loans I have yet to pay off,” he said chuckling.

Developing brands

Gallison

emory lawyer

Michael Bergman 03l started law school knowing he didn’t want to practice law. Bergman thought a lawyer’s skill set would complement his business degree from Washington University in St. Louis, where he caught the entrepreneurial bug and launched an apparel business. His next success came in law

then went to an Atlanta firm. Washburn returned to the classroom more than five years ago where she shares her legal skills, teaching students to fashion arguments, evaluate the importance of facts and manipulate language. “I love the energy and the process, watching the kids uncover and discover what they’re able to do.”

Public service in Clayton County

Bergman

“It’s very rewarding to see something you’ve worked on come to the shelf.” — MIchael Bergman 03L

Clayton County, Ga., Sheriff Kem Kimbrough 00l said a legal background helps when you’re charged with executing the law. Kimbrough, who took office in January, served as a deputy sheriff during law school. He learned the administrative side of the job after graduation as the first in-house counsel for the office. A few years after leaving the department, he decided the county’s problems required “a different person in the seat” and ran for office. As sheriff, he finds his law experience gives him an edge. “I don’t have to play 21 questions with my counsel,” he said. “I’m kind of a two for one.”

school, when he licensed Numbskull, an sat prep board game. Later, he wrote two student guidebooks and developed a deck of Advanced Placement U.S. history flash cards. “It’s very rewarding to see something you’ve worked on come to the shelf,” Bergman said. Looking for a new challenge a year ago, Bergman became a project leader with Cincinnati-based brand design agency lpk, where he works to build brands like Kraft. He still relies on his legal skills “always trying to think a step or two ahead.”

Teaching writing

If all educators went to law school, there would be better writing teachers, Emily Miller Washburn 01l said. “It’s hard to teach writing,” said Washburn, an English literature teacher at Woodward Academy in College Park, Ga. “There are a lot of people who do it and a lot of people who don’t do it terribly well.” Washburn went to law school after getting her master’s in education and teaching briefly. She loved teaching but felt she “needed to do something more grand.” She clerked a year for U.S. Judge Stan Birch 70l 76l of the 11th Circuit Washburn Court of Appeals

Kimbrough

“I don’t have to play 21 questions with my counsel. I’m kind of a two for one.” — Kem Kinbrough 00L Kimbrough said it is crucial that good lawyers consider government service and advised others to follow their hearts, not their credit reports. “Good Emory lawyers are changing the world.” Phyllis Mahoney is a freelance writer living in Indianapolis.

summer 2009

Perspective

Turner Clinic Students Argue Against Georgia Nuclear Plant Expansion by Liz Chilla

t a March hearing before the Atomic Safety and threatened species of mussels living in the river. Licensing Board, two Emory Law students working The students spent much of the spring preparing for with the Turner Environmental Law Clinic had a what was essentially “a paper proceeding,” Porter says. rare opportunity to deliver opening arguments. “The only part that attorneys actually speak is when they’re Terri Porter 09l and Stephen Johnson 09l argued doing opening statements and when they are moving eviagainst Southern Nuclear Operating Co. and the Nuclear dence into the record.” Regulatory Commission, challenging the issuance of an early site permit for the construction of two nuclear reactors at Plant Vogtle in Augusta, Ga. “It was so exciting to see experienced attorneys doing the same thing on the other side, and we’re two third-year law students giving opening statements,” Porter says. “This is what I assumed law school would be like,” — LARRY SANDERS Johnson says. “Making arguments on behalf of groups who are disadvantaged and easily exploited.” In their opening statements, the students exposed inaccu“The direct testimony, the cross examination questions, racies in the commission’s environmental impact statement. the rebuttal testimony all have to be submitted in advance As required by the National Environmental Policy Act, the to the judges,” Johnson says. statement spells out the environmental effects of a proposed Porter also drafted the letter to the licensing board askagency action — in this case, the building of the two reactors. ing permission for law students to give opening arguments. “Our argument is that these studies are not enough,” “We had to finagle around some third-year practice rule Porter says. “The agency has to take a hard look at the limitations,” Porter says. “It was neat to be part of it from environmental impacts of its actions, and this doesn’t conthe beginning.” stitute a hard look.” The Turner Clinic has been working on the Plant Vogtle case since 2006, representing several environmental organizations and concerned individuals, including the Southern Alliance for Clean Energy, the Savannah Riverkeeper and the Center for a Sustainable Coast. The team includes Johnson and Porter, Elizabeth Hogg 10l, Shijuade Kadree 09l, Russell Ross 10l, Jimmy Terpening 09l, Erica Tritt 10l and Devon Winkles 10l. “We knew we were heading into this big hearing, so this school year we’ve been working on the Plant Vogtle matter almost exclusively,” Sanders says. “Nuclear licensing is among the most demanding areas of legal practice, yet our students are holding their own against the nrc staff counsel and the large law firms representing Southern Nuclear.” The next step is to wait for the licensing board’s deciLarry Sanders, (from left) acting director of the Turner Clinic, sion. Although the chances of success may be small, with Terri Porter 09L and Stephen Johnson 09L wait for opening Johnson hopes their efforts will help build a “foundation of arguments before the Atomic Safety and Licensing Board. compliance” for the next permit applicants. Porter addressed the dredging that will take place as the “This is the farthest any environmental group has gone,” nuclear reactors are barged down the Savannah River. Johnson says. “There’s never been an early site permit “The Savannah River hasn’t been dredged since 1979,” hearing.” says Larry Sanders, acting director of the Turner Clinic. The Turner Clinic was honored by the Alliance for “The Army Corps of Engineers has been allowing the Nuclear Accountability, a network of organizations river to restore itself and regain a more natural river bed. addressing issues of nuclear weapons production and waste cleanup, in April and by the Georgia chapter of Women’s Dredging would reverse whatever recovery had taken place” and could stir up contaminated sediment and impact Action for New Directions in May.

“Nuclear licensing is among the most demanding areas of legal practice, yet our students are holding their own.”

emory lawyer

Perspective

Sparring Outside the Classroom Emory Law Boxing Club formed to work out and relieve stress

Emory Law Boxing Club members spar with Xavier Biggs (center) in the ring at the Decatur Boxing Gym. The club formed this spring with Professor Paul Zwier’s help.

high-pitched bell sounds. Members of the Emory Law Boxing Club stop warming up and put on their gloves. Some take their place inside the 20x20 ring. Fourteen members work on their “time to fly” moves with Xavier Biggs, younger brother of 1984 Olympic champion Tyrell Biggs.

law. This creates a great way to get to know these kids. Of course, they notice when I don’t show.” Inside the ring, students dance in and out of a circle with Biggs pulling them out one by one to correct pivots and technique. “Be light. Quick on your feet.” Students joke until it’s their turn to work with Biggs — then they begin throwing punches in a controlled manner. Another high-pitched bell sounds. Club members change places. Those outside the ring take their place with — SHANIA STAHL 09L Biggs. He pulls Zwier out to work the pads. The bell sounds again. Students take Controlled chaos prevails in the gym on New Street in Decatur, Ga. off their gloves and start cooling down. Music blares. “We were promised if we trained Professor Paul Zwier and forthat we would become ultimate mer visiting student and Fellow human weapons,” says Shania Stahl 09l, one of five female club members. Alex Barney 08l with the Center for “It’s a great way to have fun and stay Advocacy and Dispute Resolution formed the club in January as a way to in shape. Besides we’re learning a great skill.” work out and reduce stress. A few members, like Barney, Lynsey “Alex sent out an email saying I was starting the club,” says Zwier, Barron 09l, Eric Retter 10l and JD with sweat dripping. “It is harder Costa 09l, have boxing experience. and harder to find times to hang out Barron wanted to lose the baby fat with the students and not talk about from her recent pregnancy. “Nothing

“It’s a great way to have fun and stay in shape.”

really motivates me like this!” Alyssa Parson 10l joined to get outside Gambrell Hall and have fun with fellow students and professors. “I wanted to punch Zwier in the face,” says Michael Karamat 10l. And no, he hasn’t punched the professor —“yet.” For Pamela Rosen 10l, a jd/mph joint-degree student, the club is the highlight of her week. “It beats sitting in the law library!” Jason Esteves 10l agrees, “It’s a creative, innovative way to get in shape and relieve stress.” Barney conceived of the club after joining the Decatur Boxing Gym. He talked Biggs into forming the coed class — the only one at the gym. “I took a year off from law school and worked in Liberia,” Barney says. “While there I worked with the Liberian Olympic boxing coach. When I got back, I wanted to keep going. It’s a great stress relief, and I knew the students would enjoy it. “Last night was the Barrister’s Ball,” Barney says. “Half these guys were up until three in the morning and they’re still out here today.” If you are interested in joining the club, contact Barney at abarney@ emory.edu for more information. — Wendy R. Cromwell Emory Law Boxing Club Members JD Costa 09L Lynsey Barron 09L Matthew Reichstein 09L Shaina Stahl 09L Zack Atkins 09L Daniel Maland 10L Patricia Cordero 10L Jason Esteves 10L Mike Rosenblum 10L Adam Balthrop 10L Eric Retter 10L Pamela Rosen 10L Michael Karamat 10L Alyssa Parsons 10L Professor Paul Zwier Fellow Alex Barney 08L

summer 2009

Perspective

Advice to Simplify Proves Key Emory moot court helps Bederman get ready for U.S. Supreme Court

eing fully prepared is paramount Trusted by both the U.S. and Iranian when you argue before the U.S. governments, Bederman received a Supreme Court. special license to try the case from the David J. Bederman, K.H. Gyr Treasury Department. Professor in Private International Law, Bederman’s students, Lauren represented the ministry in Ministry Crisman 10l, Jennifer Fairbairn 09l, of Defense and Support for the Armed Brian Spielman 09l, Robert Carroll Forces of The Islamic Republic of Iran 04c 09l and Michael Eber 09l took v. Dariush Elahi. The Court considpart in the moot court and helped ered whether terrorism victims could prepare briefs. collect damages by attaching Iranian “It [the moot assets at issue before the Iranian-U.S. court] was one Claims Tribunal at The Hague. opportunity we, as To prepare, Bederman held moot students, have to courts at Emory and the Supreme aggressively ask Court Institute of Georgetown School questions of a profesof Law before oral arguments sor,” Eber says. “I Jan. 12. “Until you do something was looking forward like this, you don’t appreciate your to challenging his argument’s strengths and weaknesses,” answers and even cutting him off, if Bederman says. “You don’t know necessary. That was what he wanted. where your logic is flawed.” We were to take on the role of the jusBederman was asked to represent tices and be demanding. I did my best.” the ministry because of his appellate Emory Law professors William W. experience and tenure as legal adviser Buzbee, Charles A. Shanor, and Robert to the Iran-U.S. Claims Tribunal. Shapiro along with Thomas C. Arthur, L.Q.C. Lamar Professor of Law, quickly pounced on Bederman’s focus on what “at issue” meant in reference to the Iran’s Cubic judgment, a $2.8 million judgment against California-based Cubic Defense Systems after the contractor did not deliver an arms system following the Iranian Revolution in 1979. “I would have to say about 75 percent of the justices’ questions were anticipated by the Emory moot court,” Bederman says. “The other 25 percent were covered by the Georgetown moot court.” “I was amazed to see how many of the questions were asked, in very similar form, by the Supreme Court David J. Bederman, K.H. Gyr Professor in Private justices,” says Crisman, who International Law

attended the Emory moot court and oral arguments. On April 21, the Court ruled 6 –3 that Elahi waived his right to the Cubic judgment because he had accepted $2.3 million from the United States under the Victims of Trafficking and Violence Protection Act of 2000 and the Terrorism Risk Insurance Act of 2002.

“Until you do something like this, you don’t appreciate your argument’s strengths and weaknesses.” — DAVID J. BEDERMAN

emory lawyer

The advice to simplify the Ministry’s legal submissions at oral argument was key, Bederman says. “My job as an effective advocate was to condense the case and get the court to focus on the statutory implications. Simplifying the case took the drama out of it.” The Georgetown moot court insisted Bederman provide a proposed rule for handling such cases for the Court. “It proved to be a crucial question for the justices,” Bederman says. “One of the justices — Chief Justice [John] Roberts — clearly asked what rule would I propose for determining whether ‘particular assets are at issue.’ ” Although not a blockbuster, Bederman took the case because all the “elements of advocacy you look for — a fascinating puzzle of statutory interpretation, significant background issues of international law, and strong litigation positions — were present.” “I think we all learned a few valuable lessons,” Fairbairn says. “As an attorney, you’re likely to have clients who are unpopular. However, it is your job to do the best job you can for that client within the bounds of the law.” — Wendy R. Cromwell

Perspective

Securing a ‘Better Deal’ Fight for equal pay goes from Supreme Court to the White House

hen Lilly Ledbetter lost her U.S. Supreme Court appeal in her 2003 pay discrimination case, she could have walked away. The Court’s ruling upheld an 11th Circuit Court of Appeals decision to overturn her $3.8 million verdict against Goodyear Tire & Rubber Co., effectively setting a 180-day statute of limitations for filing wage discrimination charges. Instead of accepting defeat, Ledbetter and her attorney, Jon C. Goldfarb 89l, decided to work toward a better future for the next generation. “Fixing the law became more important than the verdict,” says Goldfarb, a shareholder with Wiggins, Lilly Ledbetter (right) and her attorney Jon Goldfarb 89L hold a news conference on Childs, Quinn & Pantazis llc in Feb. 2 to honor Ms. Ledbetter after the passage of the Lilly Ledbetter Fair Pay Act. Birmingham, Ala., who represented Ledbetter for 10 years. “That’s what makes this fight worth fighting,” Ledbetter “…Mrs. Ledbetter realized at some level that this was says. “That’s what made this fight one we had to win. With not just about her, but about fairness, and that led her to this win we will make a big difference in the real world.” keep pushing to make the American workplace a better Goldfarb concurs. “I like cases like this. You really have place for her children and grandchildren,” he says. to stick to it and work hard. I like doing these cases for my two daughters and two sons. I like making a difference in peoples lives.” Jon C. Goldfarb 89L Because the case was lost on appeal, Goldfarb and his • Shareholder, Wiggins, Childs, Quinn & Pantazis LLC firm received nothing. “At most, we would have received • Education: BS in broadcast journalism, Arizona State about $500,000 for the case had the verdict been upheld. University, 1986; JD, Emory University School of Law, “We never expected her to get the full amount because 1989; MA in film, American University, 1990 the verdict was capped,” Goldfarb says. “At most, Mrs. • Family: Wife, Melina, and four children, ages 6 to 14 Ledbetter would have received about $360,000. Instead, she • Career: A chance meeting with Bob Childs, one of the got a bill for $3,000 to $4,000 from Goodyear for legal fees. firm’s shareholders, in 1992, prompted Goldfarb to resume “Unfortunately, although Congress and the president his legal career. “I thought I would like law school, but can fix the law, they can’t give that jury award back to discovered it was not for me,” says Goldfarb. “When I graduated I went to film school and worked as a filmmaker Mrs. Ledbetter,” said Goldfarb during a February press for three years. I had clerked for Bob in law school. He conference. asked if I would return to work on one large case with him. He is working with Ledbetter to vet book and movie I said I would try it for one year. I’m still at it.” offers. “We’re still trying to figure out who the ghost writer will be for her book. I’m helping her with the negotiations. The Lilly Ledbetter Fair Pay Act, signed by President Hopefully she will get something from that.” Obama on Jan. 29, amends the Civil Rights Act of 1964 For Goldfarb, the biggest reward is “getting to know and nullifies the Supreme Court decision setting the 180Mrs. Ledbetter, though sitting at the counsel table before day statute of limitations. The new law applies to all cases the Supreme Court was pretty amazing to me. Having a bill from the day the Supreme Court ruled against Ledbetter. with your client’s name on it is incredible too. “… I will never see a cent from my case,” said Ledbetter “I got to go the White House and meet the president, at the bill’s signing. “But with the passage and president’s Mrs. Obama, and Vice President Joe Biden,” Goldfarb says. signature today, I have an even richer reward. I know that “I’m waiting on the photograph of me and the Ledbetter my daughter and granddaughters, and your daughters and family with the president, Mrs. Obama and Biden.” your granddaughters, will have a better deal. — Wendy R. Cromwell summer 2009

Perspective

Offering Hope EPIC award winners do what ‘needs to be done’ to help others Burge soon took a staff position at the Legal Aid Society and spent seven of her 32 years there doing full-time client representation. Lester never set out to be a public service lawyer, but once he started, he never looked back. “I think I was good at it, enjoyed it, and got a lot out of it, so I continued to do it.” After a stint as a Navy Judge Advocate General following law school, he joined Sutherland in 1970. He soon became involved with the Atlanta Legal Aid Society, eventually serving as president. Through the years, Lester served on the Georgia Legal Services board and as president of the State Bar of Georgia and Lawyers Club of Atlanta. Most recently, he became involved with the Lawyers’ Committee for Civil Rights Under Law. He was named an Emory Law Distinguished Alumnus in 2004. “I got to be doing so much public service Charles T. Lester 64C 67L, (left) a retired pro bono partner at Sutherland in work that ultimately the firm decided I ought to Atlanta, and Marian Burge 75L were honored by the Emory Committee for be doing it full time,” Lester says. Public Interest for their commitment to public service. For Lester, the opportunities that public service work provides are part of the appeal. In the n many ways, we, legal services lawyers, are sort of past four to five years, he helped write five amicus briefs the last hope for a lot of people,” says Charles T. filed with the U.S. Supreme Court, three in civil rights and Lester 64c 67l, a retired pro bono partner at Atlanta’s two relating to individual rights of Guantanamo detainees. Sutherland law firm, who received the epic Lifetime For Burge, the biggest appeal was the amazing mix of Commitment to Public Service award Feb. 10. people and work. Marian Burge 75l, retired deputy director of the “I think it’s the remarkable staff that really keeps people. Atlanta Legal Aid Society and recipient of the epic Unsung Devotion to Those Most in Need award, says sometimes those she helped ended up helping her. One woman whose mobile home Burge helped save in — MARIAN BURGE 75L a five-year dispute with a lender invited Burge to her home after the case was settled. “She served me champagne. … She was one of the most optimistic and kind and loving … There are firebrands in that organization, but there are people I have ever met. I’ll never forget that woman.” folks that just plug, just show up and do it,” she says. Public service was always the plan for Burge, who Since Burge’s retirement in August 2008, she has worked went into law school knowing she wanted to help people. on political campaigns and taken classes at Emory. But, she Witnessing the civil rights struggle as a child in Atlanta, doesn’t see herself staying away from social justice work long. seeing her parents’ sense of social conscience and working “At some point, I’ll have to make myself a creative at Atlanta’s public Grady Memorial Hospital influenced her troublemaker,” she says. decision. Lester retired in 2007, but keeps an office at Sutherland. In 1976, she became a volunteer at the Atlanta Legal He is winding up a few cases and working on several projects. Aid Society through the national Volunteer in Service to “My wife asked, ‘Why are you doing that when you America program, receiving a $2,000 stipend and food don’t get paid?’” Lester says. “I said, ‘Well, it just needs to stamps for her first year. be done.’” While a lawyer on food stamps is rare, Burge says expe— Phyllis Mahoney riencing the bureaucracy firsthand was invaluable. “You Phyllis Mahoney is a freelance writer based in Indianapolis. need empathy to be a good advocate.”

“I

“You need empathy to be a good advocate.”

emory lawyer

Perspective

World Events Shape Clinic Experience Students learn to think creatively while researching ongoing legal issues “Sometimes the legal principles we are researching haven’t been established so we have to be creative and apply things that have never been applied in this manner before,” Sleemi says.

Brian Green 01Ox, 03C 10L 10T (left) debates the recently released Bush Administration torture memos with Laurie Blank (right), acting director.

orld events — President Obama’s Guantanamo Bay decision, the Israeli offensive in Gaza and European Union torture cases — helped shape International Humanitarian Law Clinic assignments for 10 students this spring. The clinic on the law of warfare pairs students with organizations to represent detainees, raise awareness of atrocities and ensure the protection of civilians in world conflicts. “They learn what it means to do real work in the field, and the organizations get much needed help,” says Laurie Blank, acting director. “The clinic provides us with actual hands-on work in addition to reading cases,” says Stefanie Winston 10l, who worked with Amnesty International and Alston & Bird. “We’re seeing how the law applies to people’s lives.”

Katie Geraghty, Irish exchange student European Center for Constitutional and Human Rights Geraghty is researching whether information obtained through torture of a witness in another country can be used against a defendant. “There is no definitive statement,” Geraghty says. “All say torture is wrong, but not 100 percent will say no to evidence obtained through torture. There is that gray area for that one case where you do want to use it.”

Carmel Mushin 10L Gisha: Legal Center for Freedom of Movement “Israel sees everything through the security lens,” says Mushin, who is fluent in Hebrew. “It’s interesting to go there. You legitimately feel its security is at stake.” Mushin is looking at past and ongoing legal arguments for Gisha, an Israeli human rights organization. She is examining cases of Palestinian students with Fulbright scholarships facing tough procedural requirements for their visas, such as having a foreign national escort them from Gaza to an embassy and back. “This may be beyond the scope of international law.” Brian Green 01OX 03C 10L 10T Special Court for Sierra Leone “I’m working on creating a best practices manual for special courts,” Green says. “These ad hoc courts reinvent the wheel each time because there is no guidebook or compiled procedural record of what the other courts did in similar situations.” Green is documenting the rules established by the Sierra Leone Court and then comparing them to what the court did in practice. “Right now, I find a rule, see what it says and see what the court actually does,” Green says. “I then go to other special courts —Rwanda, Yugoslavia — and annotate what those courts did in similar situations.”

Usmaan Sleemi 09L and Justin Wiseman 10L Center for Constitutional Rights Sarit Barhen 10L and Ruth Gallagher, Irish exchange student Sutherland, Asbill & Brennan Stefanie Winston 10L Alston & Bird Sleemi, Barhen and Gallagher agree that recent Obama Administration decisions on the Guantánamo Bay Detention Camp affected their work. “One problem with the closing of Guantánamo is that no one is telling what the administration will do — will the prisoners be moved a camp in a different country? Will they be freed?” says Sleemi, who works with Wiseman. The IHL Clinic was asked to participate in the Global They are learning to think creatively. Constitutional Justice Project to help constitutional courts “We’ll get an assignment to research the chain of custody, in Central and Eastern Europe promote the rule of law but no details,” Behan says. “We’ll develop 15 strategies to and human rights in that region. Blank has been asked to look at all the issues and then prepare a report. The lawyers speak at the start-up conference in June at the University of will then read the report and say pursue this one.” Utrecht in the Netherlands. summer 2009

Yes We Did Michael Eber 09L (from left), his wife, Alison, Leslie Powell 09L, Professor Frank Alexander and his wife, Joan, attend the inaugural concert at the Lincoln Memorial.

Christian Gant 10L (not pictured) gets a photo of the audience at President Obama’s speech in Baltimore.

Emory Law students brave freezing temperatures to witness historic swearing-in of first African American president of United States by Liz Chilla 24

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“YOU DIDN’T KNOW IF YOUR SHIVERS were because it

was a historical moment, or if you were just cold,” says Jay Haider 10l of watching President Barack Obama’s swearing in among the thousands on the National Mall. Haider was one of several Emory Law students who traveled to Washington, D.C., for Inauguration Day. “I felt like I had to,” Haider says. “I was talking to my mother about it, and she had gone to Woodstock. When I was wavering, she said, ‘This your generation’s Woodstock. You have to go.’”

Haider became an Obama supporter during Sen. John Kerry’s campaign. “I looked at him and thought ‘that’s the guy who should be our next president.’” As president of Emory Law’s American Constitution Society, Haider joined several students volunteering for the nonpartisan election protection effort on Election Day. “I felt it was my obligation not to get directly involved in the political side because ACS is a policy organization, not a political organization,” he says. While in D.C., Haider braved the crowds — and the cold — to see President Obama’s swearing in in-person. “When it became official, when Justice Roberts and President Obama shook hands,” Haider recalls, “the cold instantly just went away and this warmth came up from my feet and took over.” LESLIE POWELL 09L HAS BEEN ACTIVELY VOLUNTEERING with the Democratic Party since Kerry’s 2004 presidential campaign. She worked in Denver for the 2008 Democratic National Convention, attended the October town hall debates in Nashville and spent election night in Grant Park in Chicago. Attending the inauguration, she says, “kind of rounded out the season. “Seeing him in the debates and feeling the momentum getting stronger, and then being in Grant Park on election night and being around that joy,” Powell says, “was just amazing to be able to cap it all off by being present for his swearing in.” Powell watched President Obama take the oath from the steps of a monument in front of the U.S. Capitol. “We had tickets to the inauguration ceremony, but by 11 a.m., we realized we wouldn’t be able to get in,” she says. “No one cared that you weren’t as close as you expected to be. I remember hearing Yo-Yo Ma play and turning around and seeing all the thousands of people on the Mall behind me — all calm and just happy to be there. Probably my favorite moment of the entire day.” As a volunteer with the Presidential Inauguration Committee, Powell spent much of her time in D.C. working — sometimes 20 hours a day — to distribute security credentials for official events. Despite the long hours, the job did come with perks. Powell, along with Emory Law Professor Frank Alexander, Michael Eber 09l and their wives, used her credentials to score seats at the free inaugural concert at the Lincoln Memorial. After looking at her pass, the security guard said, “she can go wherever she wants,” Powell says. The group was waived through every security line until they were seated on the steps of the Lincoln Memorial. “I think the only people with better seats were the Obamas,” Powell says. “We were sitting by John Kerry, next to Tom Hanks. We were closer than David Axelrod.” Powell also provided friends with tickets to official

inaugural balls, including the Neighborhood Inaugural Ball. “I think one of the highlights for me was seeing the Obamas do their first dance,” Eber says. “To see it in person, to be part of it in a small way makes it more meaningful when I think about it 20 years from now.” “Being able to do something like that for the people you care about,” Powell says, “knowing that you were able to provide them with a memory they’ll never forget makes it all worth it.” CHRISTIAN GANT 10L ALSO WAS INVOLVED with the

presidential campaign, volunteering with voter registration efforts. “It was kind of like a labor of love working on this campaign,” says Gant, who will serve as the 2009 – 2010 president of the Emory Law Democrats. For him, attending inauguration was “the ultimate payoff. “The fact that he’s the first African African American president is very significant to significant to me,” Gant says. “I didn’t think it would be think it would be in 2008. I honestly didn’t know it would know it would

Leslie Powell 09L (from left), Danielle Friedman 10L, Tara Ramanathan 10L and Pam Rosen 10L join Professor Frank Alexander (center) at the Neighborhood Ball.

a happen this soon. I think it’s a country.” turning point for our country.” Gant saw Obama speak in Before arriving in D.C., Gant saw Obama speak in the president-elect’s train Baltimore — one of the stops on the president-elect’s train ride from Philadelphia. On Inauguration Day, he joined the thousands on the Mall. “I got to the Metro station at 3 a.m., and there was already a line,” he says. “I didn’t have tickets, so we just found some space and parked in front of the JumboTron. “Years from now, I want to be able to say I was there. Even though it was cold, and my fingers and toes were freezing, I was there. I saw it.” summer 2009

Living the Legacy Professor and students document — and honor — the high standards of Judge Richard S. Arnold by Ginger Pyron

he photo itself does him justice. Professor of Law and Associate Dean of Faculty Polly J. Price 86c, who clerked for Judge Richard S. Arnold after graduating from Harvard Law School, knows that look well. “I often saw the judge that way,” she says, “especially when he was listening to arguments in court. He would turn his head slightly to the side, and focus intently on what the person was saying, giving his undivided attention.” Her firsthand experience of Arnold’s undisputed legacy— his focus, discernment and clean-edged fairness — led Price to write the story of this revered federal judge and his work on the 8th U.S. Circuit Court of Appeals. While retracing Arnold’s life and his judicial decisions for Judge Richard S. Arnold: A Legacy of Justice on the Federal Bench (Prometheus Books, 2009), Price also shared his legacy with several Emory Law students, including Nicholas Bedford 09l and Brandon Goldberg 10l. Each spent a full summer learning just how much attentiveness and discernment legal research requires. Like most research that lawyers do, the students’ tasks were largely clerical. Bedford remembers, “Professor Price wanted me to research Judge 26

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Arnold’s cases on habeas corpus death penalty petitions, looking for trends. I was still a first-year law student, so habeas corpus was a whole new area for me to learn.” Goldberg’s assignments, also in his first year, helped with a later stage of the book. He tracked down facts, analyzed Arnold’s views on particular topics and painstakingly converted footnotes from legal format to a style used for general readers. “Specialized topics such as habeas corpus appeals are complicated even for practicing lawyers, so I always recheck students’ research. My strategy is trust, but verify,” Price says. “Brandon and Nicholas both did tremendously useful work. Our process was a lot like my own experience as a clerk, writing up opinions for

Judge Arnold. He and I would talk, I’d write a draft — and often very little of my draft would survive. It might come back completely rewritten, but the judge always said, just as I do now, ‘It was helpful to have a starting point.’” Price recalls, “The judge thought his clerks’ time was better spent talking with him about cases than writing up memos for him to read. He honestly wanted to know what we thought, and he took time to explain complex jurisdictional issues, to help us improve as lawyers and thinkers. That’s partly what made me decide to go into teaching.” Arnold’s encouraging approach, now continued by Price, evidently works: both Bedford and Goldberg award her high marks as a mentor. The job of research assistant for Price’s

Polly J. Price 86C, professor of law and associate dean of the faculty (center), talks with two of her student assistants, Brandon Goldberg 10L (left) and Nicholas Bedford 09L. Goldberg and Bedford were among nine students who helped Price with her new book.

book has given the two students not above pat categories like activist, cononly a dedication to detail and a more servative and liberal. Instead of forcing impressive resume, but a new appreany ideology, he considered each situaciation of federal courts and judges, tion and applied a good interpretation particularly of Arnold himself. of the law. If I’m ever lucky enough to The final chapter in Price’s book become a judge, I hope to act in that emphasizes Arnold’s view of judges as same manner.” public servants — a point that Bedford, Price’s new book, Goldberg who mentors middle-schoolers believes, offers hope for all readers: interested in studying law, takes to “In profiling a judge who ruled sepaheart. “I believe that my education rately from any political influence, it doesn’t just belong to me,” he says. “It shows people what a judge should be belongs to the people I can help.” like — and that such judges do exist.” Goldberg, too, sees Arnold as Ginger Pyron is a freelance writer based someone worth emulating: “He rose in Atlanta.

Polly Price’s Student Assistants Yahia Noor Abdel-Samed 02Ox 04C 07L Nicholas Bedford 09L Andrew Fedder 08L Alexandra Gallo-Zelaya 07L Brandon Goldberg 10L Joseph Gordon 06L Rachel Elizabeth Green 08L Michaela Kendall 07L Vincent Russo 06L

Recent Faculty Books William W. Buzbee, editor Professor of Law Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question. Cambridge University Press, 2009 The federal government can preempt state power, and in some circumstances it probably should — but typically it doesn’t, opting for concurrent power instead. Recent years, however, have seen more aggressive leanings toward federal preemption, and now the question looms: Preemption: appropriate or not? Within a sweeping context of history, doctrine and current heated issues such as climate-change law and product design, 15 leading scholars present a balanced analysis of the debate, emphasizing why the political and judicial norm — the choice against preemption — deserves to prevail. Michael J. Perry Robert W. Woodruff Professor of Law Constitutional Rights, Moral Controversy, and the Supreme Court, Cambridge University Press, 2009 Capital punishment, abortion, same-sex unions: These hotbeds of moral controversy, involving constitutionally entrenched human rights, have generated the highest-profile cases of our time. Perry sheds new light via a tactic celebrated in myth and story: posing an unexpected question. What if the Supreme Court, rather than asking “Do we, the members of this court, think this law is unconstitutional?” were to say, instead, “The lawmakers have judged that this law is constitutional. Whether or not we agree with them, is their judgment reasonable?” This more deferential question, says Perry, receives too little consideration — and he’s asking us to think about it. Robert A. Schapiro Professor of Law Polyphonic Federalism: Toward the Protection of Fundamental Rights, University of Chicago Press, 2009 Federalism, Schapiro observes, once emphasized the separation of state and federal authority, to protect the states from the national government. Now a new interaction is evolving, one in which

state and federal law overlap. This progression from “either/or” to “both/and” brings a burst of possibility: Multiple perspectives. No single locus of power. Different ways of doing things. Schapiro proposes a fresh state/national relationship that he calls “polyphonic federalism,” a model of governance more complex than the older approach, yet potentially both more protective of liberty and more efficient. Additional Faculty Authors & Books • Howard E. Abrams and Richard L. Doernberg, Federal Income Taxation of Corporations and Partnerships, Boston: Aspen Publishers, 2008. • Frank S. Alexander and John Witte Jr., Christianity and Law: An Introduction, Cambridge, Mass.: Cambridge University Press, 2008. • An-Na’im, Abdullahi Ahmed, Kua Wen Hua de Ren Quan Guan Dian (Human Rights in Cross-Cultural Perspectives). Tai Bei Xian Yong He Shi: Wei bow en hua guo ji, 2008. • David J. Bederman, The Classical Foundations of the American Constitution: Prevailing Wisdom, Cambridge, Mass.: Cambridge University Press, 2008. • David J. Bederman, Globalization and International Law, Basingstoke: Palgrave Macmillan, 2008. • Laurie R. Blank, Law of War Training: Resources for Military and Civilian Leaders, Washington, D.C.: United States Institute of Peace, 2008. • Ricard D. Freer, Civil Procedure: Cases, Materials and Questions, Newark, N.J.: LexisNexis Matthew Bender, 2008. • Victoria F. Nourse, In Reckless Hands: Skinner V. Oklahoma and the Near Triumph of American Eugenics, New York: W.W. Norton & Co., 2008. • Paul H. Rubin, editor, Economics, Law and Individual Rights, New York, Routledge, 2008. • John Witte Jr., Jiyu to kazoku no hoteki kiso (Faith, Freedom and the Family), Tokyo: Seigakuin University Press, 2008. • John Witte Jr., Vom Sakrament zum Vertag: Ehe, Religion und Recht in der abendländischen Tradition (From Sacrament to Contract: Marriage, Religion, and Law in the Western Tradition) Gütersloh: Verl.-Haus, 2008.

summer 2009

“Teaching is the only major occupation of man for which we have not yet developed tools that make an average person capable of competence and performance. In teaching we rely on the ‘naturals,’ the ones who somehow know how to teach.” — Peter F. Drucker, writer

Teaching That Comes Naturally M

any students come to Emory Law with one goal in mind — to become practicing attorneys. Nearly all achieve their goal, but a few return to the classroom. Some knew they would become professors. Others balked at the idea. One thing they have in common is that they were influenced by their professors, the naturals, who inspired them. For Andrew R. Klein 88L, Professor Donald Fyr was that inspiration. “There have been several former and current teachers who supported my transition into academics. My mentor, Donald Fyr, definitely influenced my decision...” After practicing law until 1992, Klein joined the faculty at Samford University’s Klein Cumberland School of Law. Today, he teaches courses in tort law, environmental law and federal jurisdiction at the Indiana University School of Law—Indianapolis. “One of the fun things about being a professor is you have a lot of control over what you do, what you focus on and what you write about. Your agenda is not driven by clients’ problems,” Klein says. “I also like the classroom and the interaction with students. “ The students like him, as well. Klein has won eight student teaching awards during his career, including the Black Cane Award, which is voted on by the student body.

“I like the balance of things—the research, the writing, the student interaction. But the truth of the matter is that it’s not about getting on a podium and telling war stories. You need a research agenda.” — Andrew R. Klein 88L 28

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By Holly Cline

Klein is one of several classmates who became professors. In fact, Debra R. Cohen 88L, decided to begin teaching after their five-year reunion. “Professor Richard Freer predicted I would teach even though my plan was to be a corporate transaction lawyer in New York, which I did,” she Cohen says. Cohen teaches at the Southern New England School of Law. “I chose to teach because I decided I could make a much bigger difference teaching than I could practicing. It’s a wonderful profession, and I’m lucky to be in it.” Emory professors pass the torch Like Cohen, Luke Milligan 02L began his teaching career as a visiting assistant professor at Emory Law. “Without the support of the Emory community, I never would have cracked into teaching law.” During his lectures at the University of Louisville, Milligan regularly draws on his Emory years. “I like to serve up a big opening, which I tend to associate with Robert Schapiro,” he says. “And when I hit a rough stretch, I’ll channel any number of my old Emory professors — be it Frank Alexander, Bill Mayton, Marc Miller or Charlie Shanor. Conditions vary, and you never know, in any given lecture, whom you’ll emulate to get out of a jam or motivate a complacent student.” Anne S. Emanuel 75L also credits her decision to teach Milligan

to her Emory Law professors. “Most of the faculty clearly loved what they were doing and worked very hard at doing it well,” she says. “I think that my students benefit from what I learned from my professors.” Before joining the faculty at Georgia State University College of Law, Emanuel clerked for Judge Elbert Tuttle of the 5th Emanuel Circuit Court of Appeals, practiced law in Atlanta and clerked for former Chief Justice Harold Hill of the Georgia Supreme Court. She believes her varied legal experience enhances her curriculum. “Everything one understands about the law informs and enriches teaching.”

taught me. Long live the law and religion department.” Elizabeth Colt 85L didn’t have teaching in mind when she was a student at Emory, either. However after practicing law for 10 years and having two children, she accepted the opportunity to teach as an adjunct professor at Roger Williams University School of Law. The director of legal writing has never looked back. “Teaching provides me with the luxury of studying and analyzing areas of law that are of particular interest to me,” Colt says. “I work with a great group of colleagues and enjoy very much being with and among young people.” Colt

“I start every semester with the question, ‘Who wants to hire a mediocre lawyer?’ I love the challenge of making sure my students aren’t mediocre. I do this because I want to help create great lawyers.” — Debra R. Cohen 88L

Leaving lasting impressions When René Sacasas 76L left Emory Law, Professor William Ferguson stopped him in the hall and said, “I hear you’re going to Miami. Don’t embarrass us.” He didn’t, and much to Sacasas’ surprise Ferguson ended up helping shape the professor he now is. “My classmates would peg me as the last person to become a professor,” Sacasas says. “I wanted to do things and change things. I realized that’s more possible to do academically.” In 1985, after practicing as a civil litigator and then for his firm, Sacasas joined the University of Miami and now is the department chair and professor of business law. “The classroom is probably the most magical place anyone could be in because you get to exchange ideas and watch the light bulbs go off in these stuSacasas dents,” Sacasas says. When Sacasas sat in Ferguson’s class he just wanted to go to work and be a lawyer, but he ended up getting an unexpected bonus. “Emory prepared me to practice law and instilled in me a need and desire [to make a difference] that was unfulfilled until I started to teach.” The students sitting in these alumni’s classrooms may not be thinking about becoming professors today; but some will realize they also are “naturals.” And, they will have one of these Emory alumni professors to thank.

John Knechtle 86L also believes practicing law helps further engage his students. “Practice experience can invigorate the classroom,” the Florida Coastal School of Law professor says. “Students like to hear from someone who is practicing international and constitutional law, which is what they want to do.” Knechtle Knechtle started teaching in 1997, but continues to advise foreign governments on a range of issues from constitutional questions to the organization of the bar. Claiming to have been “robbed at birth of Richard Freer’s wit,” Knechtle hopes to emulate Professors John Witte and Frank Alexander’s path of love for the students. Witte and Alexander also left an impression on Sharon Tan 91L 91T 03G. After clerking for the 11th Circuit and practicing general business litigation, she considered switching to teaching and consulted her former professors. “I did not think I’d be a professor, but my experience in law school and as a lawyer has certainly influenced what I am doing now,” says the associate professor of Christian ethics at the United Theological Seminary of the Twin Cities. “I am grateful for what my Emory professors Tan

Holly Cline is a freelancer writer based in Atlanta.

If you’re interested in becoming a professor, Cohen wrote an essay “Matchmaker. Matchmaker. Make Me a Match,” www.law.emory.edu/Matchmaker, that provides insights into the law faculty hiring process.

summer 2009

Preaching What They Practiced

By Lori Johnston

Seven professors — and alums — bring their real-world experience to Emory’s classrooms

one envisioned returning to Emory Law. But for seven alumni, teaching here has become an enjoyable second career. Associate Dean A. James Elliott 63c 66l acknowledges he’s in a unique group of practicing lawyers who take pay cuts to teach. “I thoroughly enjoyed private practice and taught 10 years as an adjunct,” he says. “It is such a slow pace when you contrast it with private practice. The working conditions, there’s substantially less pressure.” Elliott and his colleagues share why they teach.

A. James Elliott 63C 66L Elliott practiced at Alston & Bird for 28 years and became associate dean about 15 years ago. His professional experience gives him credibility with his students, and he adds Emory Law does an excellent job in emphasizing professionalism. “You really do feel like you have an opportunity of strengthening the moral comElliott pass they come to school with to begin with,” Elliott says. “I tell them I will be personally offended if any of them get disbarred.” Anne M. Rector 87L Rector practiced at Rogers & Hardin before joining Emory in 1994 as an administrative professor for legal writing, director of academic assistance and assistant director of Legal Writing, Research and Advocacy Program. She also directs the Technological Innovation: Generating Economic Results, or ti:ger, program and teaches a corporate practice workshop. 30

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“I was helping people who had a lot of money make more money because I was a corporate lawyer,” Rector says. “It didn’t drive me.” Rector helps her students think more broadly than being a lawyer. “I think they’re best served being able to experience a high Rector level of intellectual discourse in the law school setting and to be able to take that and see how it applies to real world client problems,” Rector says.

“Having been a student here fairly recently, I know what they’re going through.” — Chad F. Slieper 05L Chad F. Slieper 05L Slieper was a faculty member at The University of Texas M.D. Anderson Cancer Center before joining Emory in November as program director of the Global Health Law & Policy Project. “As a student here, I was interested in health issues, and we really didn’t have a large program in health care at that point in time,” Slieper says. “So, I was really excited to see the school developing

Slieper

programs in that arena.” Slieper helps students develop proposals to pursue summer work and research opportunities through the project’s Summer Scholar Awards and offers local contacts for job opportunities. “I think that having been a student here fairly recently I know what they’re going through,” he says. “It’s nice for them to get the perspective of people who went to school here, got to know Atlanta as a student and to come back and help our students make those connections in the community.”

“It’s really wonderful when they have that ‘aha’ moment.” — Nancy Daspit 95L Nancy Daspit 95L Previously, Daspit was a clerk in Fulton County Superior Court, and engineer for at&t and Lucent Technologies. After working as an adjunct professor while an associate with Hishon Firm llc, a full-time opportunity in the Legal Writing, Research and Advocacy Program opened in 2000. “It was fun and challenging Daspit and interesting to be with the students and hear different perspectives,” she says. She draws on her practical experience in designing course materials, finding satisfaction when students discover that class exercises they questioned prepared them for the real world. “It’s really wonderful when they have that ‘aha’ moment.” Karen Worthington 94L Before returning to Emory in 2000 to help create the Barton Child Law and Policy Clinic, Worthington was director of program development for Fulton County Juvenile Court. In addition to directing the multidisciplinary public policy clinic, she is a senior fellow with the Center for the Study of Law and Religion. Worthington brought a network of state and national child advocacy contacts to Emory. “Students understand the value of connections and appreciate the expertise of those who have been out in the field,” she says. Worthington

The students bring energy and new ideas to the clinic, which Worthington says helps make a difference in the lives of children. Elizabeth Reimels 01L Reimels, who joined Emory in 2004 as managing attorney of the Barton Clinic and is now director of policy and advocacy, previously worked for the Atlanta Legal Aid Society. She returned to Emory because the clinic had a “profound influence” on her as a student, making her consider public policy. Reimels understands how students feel when learning about child issues, from excitement to confusion to “healthy outrage.” Reimels believes her work experience gives students a Reimels broad perspective of the child welfare system while they cause her to be reflective and communicate better about her child advocacy efforts. “The students teach me things every day,” she says. Rep. Mary Margaret Oliver 72L Rep. Oliver has served in the Georgia General Assembly for 18 years. For seven years, she has been a visiting professor in the Barton Clinic and now serves the clinic in an advisory role. She also taught at Emory in the 1980s. Oliver, who has practiced law privately for 25 years, enjoys showing students the political world. “There’s a rich opportunity to share the practice of law, particularly the ethical challenges, with students,” Oliver says. Lori Johnston is a freelance writer based in Athens, Ga.

Oliver

“There’s a rich opportunity to share the practice of law, particularly the ethical challenges, with students.” — Rep. Mary Margaret Oliver 72L

summer 2009

Class Notes A Letter from the Alumni President Dear Fellow Alumni: Greetings from the Emory Law Alumni Association! Emory Law celebrated numerous achievements this spring: • We admitted our strongest applicant pool in the history of Emory Law; • We were recognized as a top 20 law school by U.S. News & World Report; • We celebrated Professor David J. Bederman’s recent victory at the U.S. Supreme Court in Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi. Along with these achievements, the Alumni Association has been busy organizing a new Emory Law Alumni Board to serve our community strategically and effectively during these turbulent economic times. Under Dean David F. Partlett’s direction, I convened a group of alumni to review the board’s governance structure and recommend changes in our leadership format. With Associate Dean Greg Riggs 79l, Rob Kaufman 75l, Judge Leo Gordon 77l, Della Wells 86l, Thad Kodish 00l, Alison Elko 03l and Mark Rogers 04l, we are ready to hold our first board meeting this summer. I will report on our activities more regularly in this publication as well as through electronic communications. It is clear that one of the most critical services we can provide is partnering with Emory Law on career development and services for students and fellow alumni. One of the first projects for our Programming Work Group is to develop a series of programs for alumni in the job search. The group also will work with the Office of Career Services to assist in expanding opportunities and informing our students of legal opportunities through our strong alumni community. It is my pleasure to lead the Alumni Association in such a dynamic time in our history. As always, if you have suggestions, questions or concerns, do not hesitate to contact me at hcohn@kslaw.com.

Halli Cohn 90l

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

50s

Jarvin Levison 48C 51L was featured in his daughter’s new cookbook, Souper Jenny Cooks, with his legendary turkey chili recipe.

60s Oscar N. Persons 67L joined Burr & Forman as senior counsel after a 41-year legal career at Alston & Bird. David B. Poythress 62Ox 64C 67L, Georgia adjutant general, announced he will seek the Democratic nomination for Georgia governor. Robert E. Whitley 68L was appointed to the board of the Lake Lanier Islands Development Authority by Gov. Sonny Perdue. He also is chair of the board of Northside Hospital in Atlanta and practices corporate and international law.

70s

Anne Alden 70L is a Kabbalah meditative healer in Washington, D.C.

The Hon. Stanley F. Birch 70L 76L and the Hon. T. Jackson Bedford 73L received the Atlanta Bar Association Leadership Awards in November. The judges were honored as two who “inspire by their example, challenge by their deeds, and remind us all of our debt to our profession and our community.” Arch Y. Stokes 67C 70L, chair and shareholder at Shea Stokes Roberts & Wagner in College Park, Ga., was elected chair of the National Advisory Board of Harrah College of Hotel Administration at the University of Nevada in Las Vegas. Eric Holzapfel 71L, a partner at Drew & Ward in Cincinnati, was named a 2009 Ohio Super Lawyer.

F. Kytle Frye III 72L, a partner at Fisher & Phillips, has been named a Georgia Super Lawyer for 2009. Ralph Lorberbaum 73L, founding partner at Zipperer, Lorberbaum & Beauvais in Savannah, Ga., has been named a Georgia Super Lawyer for 2009.

William C. Turner 69L was selected by Super Lawyers West as one of the outstanding mediators and arbitrators in Nevada.

Michael V. Elsberry 69C 74L, partner at Lowndes, Drosdick, Doster, Kantor & Reed PA in Orlando, Fla., has been selected by The Best Lawyers in America 2009 for commercial litigation and corporate law.

emory lawyer

Class Notes William Henry McClain 78C 81L was sworn in as Superior Court judge in Douglas County, Ga., in January.

C. John Holmquist 75L joined the Detroit office of Foley & Mansfield, a national litigation firm known for its toxic tort and mass litigation practice. The Hon. Cynthia Diane Stephens 76L, a Wayne County Circuit Court judge, was appointed to the Michigan Court of Appeals in December by Gov. Jennifer M. Granholm.

Bennet D. Alsher 78L, a partner at Ford & Harrison LLP, was appointed to the National Commission of the Anti-Defamation League.

B. Gail Reese 78L was chosen as one of the 2008 Mid-South Super Lawyers by Law & Politics. Thurbert E. Baker 79L, Georgia attorney general, announced he will seek the Democratic nomination for Georgia governor.

80s

Allen Reid 80L is a senior trust office and vice president in the trust department of First Guaranty Bank in Jacksonville, Fla.

Alan J. Rothman 81L presented “Considering Alternative Career Paths: Combining Legal Training and Experience with Technology Skills” at New York Law School in fall 2008. He is a project manager in the knowledge management department of Cleary Gottlieb in New York.

John Hamburger 82L has been promoted to president of Broder & Sachse Real Estate Services Inc., an office, retail, and multifamily property management and development company in Birmingham, Mich.

Teri Plummer McClure 88L, senior vice president and general counsel for UPS, is a recipient of the 2009 Good Apple Award from the Georgia Appleseed Center for Law and Justice for her work to improve Georgia’s legal system statewide.

90s Amy Levin Weil 81L opened a law firm in Atlanta specializing in appellate practice. Weil was chief of the Appellate Division of the U.S. Attorney’s Office in Atlanta from 1990 – 2008, served from 1998 – 2007 on the 11th Circuit Lawyers Advisory Committee, and is chair-elect of the Appellate Practice Section of the State Bar of Georgia.

Sharon Gay 82L, a partner at McKenna Long & Aldridge LLP in Atlanta, was named by Georgia Trend magazine as one of “100 Most Influential Georgians” for her legal work in land use and economic development and her lead role in crafting and obtaining passage of a constitutional amendment to allow school boards to participate in tax allocation districts to provide tax increment financing for redevelopment projects.

Debra Schwartz 82L opened The Law Offices of Debra E. Schwartz LLC, which specializes in employment matters. She also has been named one for the top 50 Female Lawyers in Georgia for the fifth consecutive year. Gary W. Marsh 85L, a partner at McKenna Long & Aldridge LLP in Atlanta and chair of its bankruptcy and creditors rights practice, was selected as a Georgia Super Lawyer in 2009. Kathy Thorne Barlow 87L presented on “Climate Change for Business” session at the Assoication of Corporate Counsel Annual Conference in October in Seattle. Colin Lindsay 88L, a partner in the Louisville office of Dinsmore and Shohl LLP, has been inducted as the 2009 president of the Louisville Bar.

Liz Bard Lindley 93L was promoted to senior vice president of public relations and marketing services for Jaffe Associates Inc. Bruce P. Frohen 93L was an editor for the recently published Rethinking Rights: Historical, Political, and Philosophical Perspectives, with the University of Missouri Press.

Steve Rosenberg 90L has been appointed associate general counsel and special assistant attorney general at the University of Virginia.

Michelle W. Cohen 92L, a partner at Thompson Hine LLP in Washington, D.C., received Certified Information Privacy Professional certifications, as designated by the International Association of Privacy Professionals. Douglas J. MacGinnitie 92L, a Sandy Springs city councilman, has filed papers to run for Georgia secretary of state.

Joseph S. Asher 94L, president of Speechworks, published his third book, How to Win a Pitch: the Five Fundamentals That Will Distinguish You from the Competition. He is also a regular contributor to the Fulton County Daily Report. Kristina Renee Scott 95L was appointed the executive director of the Alabama Poverty Project in Birmingham, Ala. Julia L. Belian 96L is an associate professor of law at the University of DetroitMercy. Stuart C. Carter 96L and Amie Peele Carter 96L celebrated the birth of Lily Frances on Oct. 4. Gayle Bacon Murray 96L, a DeKalb County public defender, and Karon Murray were married on Nov. 15.

Tony Turner 92L was named to Worth magazine’s list of the Top 100 Attorneys for 2008 Turner specializes in estate planning.

Michael Alan Morse 97L was selected as a Super Lawyers Rising Star for 2008 and also spoke at the Allegheny County Bar Association on whistleblower cases under the Federal False Claims Act.

summer 2009

Class Notes David M. Chaiken 01L and his wife, Susan DeSimone Chaiken 01L, celebrated the birth of Dean Michael Chaiken on Jan. 30.

Steven R. Press 97L has been elected a shareholder in the Atlanta office of Baker, Donelson, Bearman, Caldwell & Berkowitz PC. He practices in commercial, business and intellectual property litigation. Christian F. Garnett Torgrimson 97L, partner at Pursley Lowery Meeks LLP in Atlanta, was sworn in as president of the Georgia Association for Women Lawyers in May 2008.

The Hon. Yvette Miller 98L was appointed chief judge of the Georgia Court of Appeals. Jonathan R. Granade 99L became a shareholder in Casey Gilson PC in Atlanta. He focuses on business and personal injury litigation. He and his wife, Samantha Granade, celebrated the birth of Riley Elizabeth on Oct. 2.

00s

Scott Alberino 00L was promoted to partner at Akin Gump in Washington, D.C. Alberino is a member of the firm’s financial restructuring practice. Elvin J. Sutton 00L is a new assistant general counsel with Wal-Mart Stores Inc. Penny Brady 01L married Brian Erbis on Oct. 4 in Lake Tahoe. Brady is an assistant district attorney in the Manhattan District Attorney’s Office handling child abuse and homicide cases.

emory lawyer

Haley Schwartz 05L received the national Lane Adams Quality of Life Award from the American Cancer Society for providing outstanding service to persons with cancer and demonstrating innovative and collaborative approaches to enhancing the quality of life for cancer patients and their families.

Stephen F. Fusco 98C 01L has started a law firm, Fusco and Associates LLC in Atlanta. Youshea A. Berry 02L received the 2008 ABA National Outstanding Young Lawyer Award. She is the managing attorney of a small law practice in downtown Washington, D.C.

Chad F. Slieper 05L became the program director of the newly created Global Health Law & Policy Project at Emory University School of Law in November. Igor A. Birman 06L has been appointed chief of staff for Rep. Tom McClintock of California’s 4th Congressional District.

Tiffani Hiudt Casey 02L, an associate at Fisher & Phillips LLP, has been named a Georgia Rising Star for 2009 by Georgia Super Lawyers. Rachel King Powell 02L, associate at Smith, Gambrell & Russell LLP, and Bryan Powell, gave birth to Robert Phillip on July 18, 2008.

Naeha Dixit 07L is an associate in the environmental department of Honigman Miller Schwartz and Cohn LLP in Detroit.

David Rosemberg 02L, an associate at Broad and Cassel in Miami, has served as a commentator and legal expert for Fox Business News, the Wall Street Journal and several Florida papers during the Madoff scandal.

Jeffrey G. Granillo 07L is an associate at Chambliss, Bahner & Stophel P.C. in Chattanooga, Tenn.

Laurie Steinberg Kaufman 03L and her husband, Joshua Kaufman, gave birth to Abigail Mackenzie Kaufman on April 16, 2008. Paula G. Shakelton 03L joined the litigation department of Ulmer & Berne LLP in its Cleveland office.

Daniel N. Adams 08L is an associate in the bankruptcy, reorganization and commercial department of Honigman Miller Schwartz and Cohn LLP in Detroit.

Jonathan R. Benator 08L, an associate at Weinstock & Scavo P.C., has been answering property law questions for the Atlanta Journal-Constitution’s Sunday Metro section. Christina Bodewig 08L is an associate at Stites & Harbison’s environmental, natural resources and energy service group in Nashville, Tenn. Daniel Epstein 08L serves as counsel for oversight and investigations for the U.S. House of Representatives Committee on Oversight and Government Reform for the 111th Congress.

From the Director of Alumni Relations Dear Fellow Alumni: On May 11, Emory Law graduated 222 lawyers, connecting them to a network of almost 10,000 Emory lawyers worldwide. Now, more than ever, it is our alumni community — you — that is so critical to these young graduates as they enter the legal profession. Whether you assist with career advice, employment prospects or general networking opportunities, we need you! Getting involved with Emory Law is easy. Simply visit www.law.emory.edu/alumni to explore how to share your gifts of time and experience with fellow lawyers and students. Please make sure we have your current email address, at www.law.emory.edu/keepintouch, to ensure you receive all our community news and events. Enjoy reading about our alumni achievements in Class Notes and Emory Lawyer. As always, I am proud to be a fellow alumnus. Keep in touch,

Ethan Rosenzweig 02l Director of Alumni Relations erosenz@emory.edu 404.727.6857

In Memoriam Emory Law mourns the passing of the following alumni, whose deaths were reported to the school since the date of our last alumni publication.

30s

Patricia Collins Butler 31L of La Jolla, Calif., on May 27. Learn more about Butler on page 39. Luther Rosser Shelton 35C 36L of Atlanta on March 12

50s

Louis Franklin McDonald 50L, an Atlanta attorney and great-great grandson of a Georgia governor, died Nov. 28. He was 83. After graduating from Emory Law, McDonald served 12 years as an assistant attorney general for Georgia before entering private practice. A World War II Navy veteran, he took part in the Navy’s nuclear testing exercises, “Operation Crossroads.” McDonald was the great-great grandson of Georgia Gov. Charles James McDonald. He was a member of the Civil War Round Table, the Atlanta, Cobb, White County and Georgia Historical societies and a member of Saint Luke’s Episcopal Church. Survivors include his wife, Elizabeth Williams McDonald, sons, Louis Franklin McDonald Jr. and James Mitchell McDonald, daughter Sara McDonald Massey and three grandchildren. James C. Merkle 57L of Waynesville, N.C., on Sept. 24

60s John Harvey Bedford III 63C 65L died March 20. He was 67. After graduating magna cum laude from Emory University, Bedford earned his JD from Emory Law. He served in the Army’s Staff Judge Advocate Office for two years in Vietnam and was awarded the Bronze Star. After the war, Bedford served in the federal government as an attorney until his retirement. “He was just a good friend to many people,” said his twin sister, Ruth Ann Bedford Lacey. Survivors include his twin sister, a niece and nephew, four grandnieces and nephews, one greatgrandniece and a cousin. James Edward Goodman 67L of Decatur, Ga., on Jan. 20 James Carr Jr. 68L of Atlanta died March 26. He was 65 years old. After graduating from the University of Georgia, Carr earned a law degree at Emory Law. He clerked for Fulton County Superior Court Judge Jeptha Tanksley 49L and then worked for three years for the Fulton County public defender’s office, where he won a record four acquittals in one week. Later, he helped form the law firm of Carr Chason and Fitzgerald. Carr played football at Northside High School and was a member of the schools 1958 championship team and captain for the 1960 team. Survivors include his wife, Taylor Carr, three daughters, Ellen Gann, Julie Carr and Elizabeth Schaefer, two brothers, Jody Carr and Jerry Carr, and a sister, Jan Carr 76C.

Jerry Tom Hinson 68L of Atlanta died Dec. 5. He was 66. Hinson earned a mechanical engineering degree at Georgia Institute of Technology before earning a JD at Emory Law. After graduation, he worked as a real estate developer. Later, Hinson became president of the National Automobile Association, a position he held until his death. An avid Georgia Tech fan, he attended the Master’s Tournament every year since 1964. Survivors include two sons, William Hinson and James Hinson, and one granddaughter. William F.C. Skinner 68L of Doraville, Ga.

70s 80s Janice J. Christian 74L of Atlanta, in December

Larry James Eaton 85L of Fayetteville, Ga., died Nov. 29 after a long illness. He was 53. In 1972, Eaton broke his neck in a diving accident. He beat the 5 percent survival odds for quadriplegics at that time and graduated with his class at Jonesboro High School in 1973. He then earned his bachelor’s at Georgia State University before graduating from Emory Law. While at Emory Law, Eaton participated in Moot Court, worked on the law review and assisted the Emory administration in making the campus accessible for people with disabilities. He served on the Governor’s Developmental Disabilities Council with former Sen. Max Cleland 68G. He is survived by his wife, Jane Fanslow 83C, his mother, Nancy Allgood, his sisters, Cindy Albitus, Roselyn Leo, one niece and one nephew.

Spencer M. Smith 85L of Hilton Head Island, S.C., on Sept. 13, 2006 Angela Collins Hardage 87L died in April. She was 45. Hardage entered Tulane University as a 17-year-old and graduated summa cum laude in 1984. She earned her JD from Emory Law in 1987. “Angela was hungry for knowledge,” says her mother, Dr. Nell Hardage. “She would store it up and recall it instantly. Her eyes would just sparkle when she would find something new.” In 1997, Hardage volunteered as a docent at the Margaret Mitchell House and Museum. She would enthrall visitors with her narrative, enlivened with riveting details of the famed author’s life. After leaving her legal career because of Hodgkin’s disease and Guillain-Barre syndrome, Hardage become deputy director and in-house counsel for the Margaret Mitchell House, where she handled day-to-day operations and issues related to insurance, copyright, trademarks, employment and property law. “Her happiest professional time was at the Margaret Mitchell House,” her mother says. “It combined all things she liked—research, history, her passion for the drama and the law.” Known for her sense of humor, Hardage kept inflatable figures of Rhett Butler and Scarlett O’Hara in her office at the Margaret Mitchell House. Hardage is survived by her mother, Dr. Nell Hardage.

00s Lynn Heidi von Westernhagen 06L of Farmers Branch, Texas, died June 16, 2006. She was 25. Westernhagen graduated from the University of Texas at Austin in 2003. While a sophomore at the Texas, she attended LaSorbonne in Paris for one year. She graduated from Emory Law in 2006.

Elaine C. Cribbs 88L of Presto, Pa., on Jan. 29

90s Sharon R. Levine 94L of Houston on Dec. 28

summer 2009

Giving Back

Why We Give Whether it’s for 40 years or five years, Emory Law alumni give faithfully

Judge Brenda Hill Cole 77L Giving: 24 consecutive years

Timothy L. Goodwin 90L Giving: 10 consecutive years

“I give because I’m in the position I am because of the “I was from a small town in Connecticut looking for an education I received at Emory,” says Judge Brenda Hill opportunity,” says Timothy L. Goodwin 90l, a commercial Cole 77l of the Fulton County State Court. real estate attorney with King & Spalding. “Emory gave me She also gives in honor of the friends she made at Emory a chance, and I took advantage of it. Law, as well as the exceptional students now attending the “My principal reason for giving is that Emory gave to school. me,” he says. “It’s only fair that I give back.” “I am so grateful for the outstanding leaders that Goodwin enjoyed the small sections in his first year, Emory produces, and I want to support that,” says though his favorite memory remains the quality of the faculty. the judge, who entered Emory Law after working as a “There are so many great professors at Emory Law,” he librarian. says. “It was true back in the late ’80s and still is. You “I was part of the class that Emory decided to take a could tell that the professors really cared about their stuchance on women looking at second careers or homemakdents. You didn’t get the feeling that faculty members were ers returning to the job market,” Cole says. “I wasn’t alone just churning through students.” and found some wonderful friends. We call ourselves the In this manner, Goodwin feels Emory stands out. “I’ve Emory Stars though we haven’t met in a while.” heard different tales from my colleagues about some other Cole started Emory Law while her two children were in law schools,” he says. “They had massive classes and the primary school. Those children are now grown with careers feeling was more impersonal.” of their own. Goodwin stays involved with Emory Law by serving as “I was a little late in finding myself,” Cole says. “That I the law school recruiter for King & Spalding for the last 10 was even admitted was quite a joy for me.” years. She juggled her class assignments with motherhood by “Students today are more savvy about how to execute taping lectures and listening to them while doing the launlegal research and analysis,” he says of recent Emory Law dry or household chores. students. “The technological advances have made them “Another student and I would coordinate our carpool quicker and able to give more complete answers for better schedules because our kids went to the same school,” Cole client service.” says. “We were just there for each other and kept each Goodwin gives high marks to the Center for other going.” Transactional Law and Practice/Transactional Law Certificate Program. “It is such an important program,” he says. “It would have been great to have had that program when I was in law school. Of course, Emory Law leads on a lot of things like that.”

emory lawyer

Giving Back

The Hon. Ezra Cohen 69L Giving: 29 consecutive years

Cheryl F. Turner 94C 99L

Giving: Four consecutive years

“I shall always be grateful that the dean of admissions had “The changes being made are exciting,” says Cheryl F. confidence in me,” says the Hon. Ezra H. Cohen 69l. Turner 94c 99l. “Emory Law is taking a more comprehen“My favorite memory is from my first week, in first-year sive approach to training young lawyers. orientation,” he said. “We studied 18th-century English Counsel at The Coca-Cola Company, Turner gives to cases, and they were absolutely fascinating.” Emory Law and Emory College for two reasons. Cohen, a former U.S. bankruptcy judge, is senior coun “I owe Emory for investing in me, and I believe in the sel with Troutman Sanders llp in Atlanta. He joined the development of law students,” says Turner, a Woodruff precursor to the firm in 1969 when he graduated. “Except Scholar at Emory Law. for the three and a half years when I was a bankruptcy “Going to law school is an expensive proposition,” she judge, I’ve been here.” said. “If I can help someone else achieve his or her goals, Cohen graduated from the old building, Carlos Hall. He it’s worth it. I can’t pay for a full scholarship, but hopefully and his wife, Katherine Meyers Cohen, donated a room in my contributions can make it a little easier.” the Hugh F. MacMillan Law Library to commemorate his Turner also supports the school by mentoring Emory mother. Law students at Coca-Cola through the externship program “I give out of gratitude,” Cohen says. “Thanks to Emory, and staying active in the Black Law Students Association I have an excellent legal education and rewarding profesAdvisory Board. sion. Also, I give out of nostalgia, remembering myself and “In law school, you learn the principles, but it’s not classmates when we were young. always easy to see how it applies in practice,” says Turner. “Finally, I give because I want to be a part of Emory “The transition from the classroom to the profession is and a part of its future,” he says. “I tell potential students much easier with the changes that are being made,” Turner that Emory Law will prepare them excellently and that its says. “Emory is preparing lawyers to practice in today’s degree will be well respected throughout the country.” world.” At Troutman Sanders, Cohen helps mentor the many Emory Law graduates who join the firm after graduation. “The Emory Law graduates are very talented.”

summer 2009

Giving Back

William E. Shanks Jr. 76L

The Hon. Arthur W. Fudger 67L

Giving is a small way for alumni to help Emory University School of Law, says William E. Shanks Jr. 76l. “It is good for us to contribute,” Shanks says. “It helps us professionally if the school has a good standing. It’s beneficial for all of us to have Emory Law in the top 25 schools.” Shanks, a partner with Balch & Bingham llp in Birmingham, Ala., enjoyed the academic competition while at Emory Law. “I remember the faculty being excellent,” says Shanks, who graduated cum laude from Harvard University in 1972. “It was intensely competitive, and I was impressed with the caliber of my fellow students. “It was a quirk that I applied,” he says. “A high school friend who was a 1l was in town for a wedding and persuaded me to apply at the last minute. Emory offered me a full scholarship after I turned it down for nyu. My parents persuaded me to accept the scholarship because my sisters were in college.” Shanks and his classmates were the first ones to spend all three years in Gambrell Hall. His classmates included former U.S. Supreme Court Justice Harry A. Blackmun’s daughter, Sally. “She and I were co-editors for research for the Emory Law Journal,” Shanks says. “We kept tying in the elections so they made us co-editors. “It was an exciting time — Justice Blackmun wrote the majority opinion in Roe V. Wade in 1973 and he spoke to our class at commencement,” Shanks says. “One of our classmates was one of the plaintiffs in that suit. The Vietnam War ended and the Watergate hearings took place.”

“I’m quite proud of the fact that I graduated from Georgia Tech and Emory Law,” says retired Senior Judge Arthur W. Fudger 67l. “I thought I needed to give something back.” For 41 years, Emory Law has benefited from his gratitude. “It’s not much, but I felt the need,” he says. “When people hear that I graduated from Georgia Institute of Technology and Emory Law, they think more of me than they did before,” says Fudger, who graduated from Georgia Tech in 1958 and worked for four years with an insurance company in New York. Fudger was first appointed to the state Superior Court bench in 1977 by Gov. George Busbee. Fudger then ran for election to the same position a year later. In 1998 when Fudger retired, Gov. Zell Miller appointed him a senior judge for life. “Now, I hold court when needed,” Fudger says. “I just go down to the courthouse to make sure everything is ok. I will have my own office when the new courthouse is finished this year.” Fudger graduated from the old law school building, Carlos Hall, in the old night program that ended in the late 60’s. “I loved the caliber of education I received at Emory Law,” Fudger says. “My favorite professor was William H. Agnor. He was the greatest teacher I had at any level. He loved to lecture. He used plain language when he spoke. You didn’t need to ask questions. I really enjoyed his lectures.” — Wendy R. Cromwell

Giving: 13 consecutive years

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Giving: 41 consecutive years

Closing

Blazing a Trail Patricia Collins Butler 31L leaves a rich legacy of breaking barriers and creating opportunities for future Emory lawyers

“W

hen I started, women weren’t supposed to be lawyers,” said Patricia Collins Butler 31l during a campus visit in 2008. “My poor mother was kind of apologetic. My father pushed me into it. He would say, ‘Paddy? She’s a lawyer you know?’” Butler died May 27 at her home in La Jolla, Calif. She was 101 and leaves behind a trailblazing legacy as a female attorney for the U.S. government in the 1930s. A faithful friend to Emory Law, Butler also leaves a $1 million bequest for scholarships to the school. “Pat’s generosity through her gift to Emory Law creates a lasting legacy for our students,” said Dean David F. Partlett. “Through her scholarship, she has helped make it possible for our students to pursue their goals, regardless of their chosen career paths.” Patricia Collins Butler 31L was a founding trustee Butler graduated of the Supreme Court Historical Society. from Agnes Scott College in Decatur, Ga., in 1928 and enrolled at Emory Law — the only woman in a class of 30. She finished second in her class. “Discussions were foreign to me. Then it just happened,” Butler said. “I made friends and it got better. My dad let me have a car, and I started giving the guys rides into Atlanta — then I started studying with them.” After struggling to find a position with a local firm, Butler was hired to establish the antitrust library for the Department of Justice. She would go on to work for 16 attorneys general, including Robert Kennedy. In 1949, she joined the ranks of the first

female lawyers to argue a case, Johnson v. Shaughnessy, before the U.S. Supreme Court. Although she took over the case in an emergency, Butler won. For years, Butler had few female colleagues at the Justice Department. Janet Reno, the only female U.S. attorney general, has called Butler a “pioneer among women” at the department. During her time at the attorney general’s office, she became friends with Chief Justice Warren Burger. That friendship led to the founding of the Supreme Court Historical Society in 1974. Butler also was the founding secretary of the American Bar Association’s section on administrative law and the founding editor of what is now the Federal Register. “The legal community has lost a great treasure in Pat,” Dean Partlett said. “Through her determination and love for the law, she proved to the students who followed her that there are no barriers to success that cannot be overcome. She truly was a pioneer and a wonderful friend to Emory Law.” She was named a Distinguished Alumna by Emory Law in 1997 and awarded the Emory Medal, the highest honor for an alumnus, in 2000.

“The legal community has lost a great treasure in Pat. Through her determination and love for the law, she proved to the students who followed her that there are no barriers to success that cannot be overcome.” — Dean David F. Partlett

Born Dec. 23, 1907, to Philip and Mary Collins in New York, Butler grew up in Atlanta. Married and widowed three times, Butler had no children. A memorial service is scheduled for 2 p.m. Tuesday, July 21, in La Jolla with a reception to follow.

—Wendy R. Cromwell

summer 2009

Closing

Enriching the Intellectual Community Margaret Thrower, wife of Randolph Thrower 34C 37L, led the way in creating the Thrower Symposium at Emory Law to honor her husband

argaret Thrower, 93, died Feb. 17 at the William Breman Jewish Home, where she was rehabilitating from complications following a fall and a broken hip suffered in January. She was the wife of Randolph Thrower 34c 37l. Twenty-six years ago, Margaret Thrower was asked to contribute money for books for the law library in honor of her husband. “She responded, ‘we can do better than that,’” says daughter Patricia Thrower Barmeyer. “She wanted us to make a gift that would have an impact on the life of the law school — something that would be enriching for the intellectual community,” Barmeyer says. “It was a Christmas present for Dad. We surprised him. “At first, it was a visiting professor in residence,” Barmeyer says. “Later, it was elevated into a symposium when students took responMargaret Thrower dances with her husband, Randolph Thrower 34C 37L. sibility for it. My mother attended every lecture and symposium except 2002, when she and my father were out of the country, and this year.” The Thrower Symposium is the “highlight of Emory’s scholarly year each year,” Professor of Law Bill Buzbee says. Symposium papers and lectures are published each year in the Emory Law Journal, which presents the event. A graduate of Wesleyan College in Macon, Thrower served on the symposium committee and offered suggestions for topics and speakers, her daughter says. “Her favorite symposium was on genetics and the human genome and the issues 40

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surrounding it,” Barmeyer says. “She encouraged us to do the program on immigration as well as the science symposium last year, which included global warming.”

“They were wonderful together, so romantic and supportive. He loved her passionately, and she loved him too. She was always involved in whatever he was doing.” —Patricia Thrower Barmeyer, daughter of Margaret and Randolph Thrower 34C 37L

“The Thrower Symposium stands as a lasting tribute to the life of Margaret Thrower,” says David F. Partlett, Dean and Asa Griggs Candler Professor of Law. “Her commitment to enriching the intellectual life of the school each year is a testament to her family’s support for Emory Law.” Barmeyer says her mother was an avid gardener, world traveler and artist, though she never sold her paintings. “When she showed in exhibits, Daddy would insist that she put red dots on her paintings,” Barmeyer says. “He didn’t want any to get away, so she didn’t sell her paintings. She painted her farm, places she’d been, people she loved, always things that meant something to her.” Barmeyer describes her parents’ 70 years together as one of the world’s great romances. Born in Quincy, Fla., Margaret Logan Munroe married Randolph Thrower in 1939. “They were wonderful together,” Barmeyer says, “so romantic and supportive. He loved her passionately, and she loved him too. She was always involved in whatever he was doing. “They were magical as a couple.” — Wendy R. Cromwell

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Emory Law Salutes Henry L. Bowden Jr. 74L The Emory Alumni Association has named Henry L. Bowden Jr. 74l one of the 2009 Emory Medal recipients for his work to promote Emory’s best interests since his arrival at Emory Law nearly 40 years ago. The Emory Medal is the highest University award given to alumni. A well-respected attorney, Bowden is the founder of Bowden Law Firm, recently renamed Bowden Spratt Law Firm, focusing on estate planning and administration, charitable gift planning, and the representation of taxexempt organizations. He has made Emory the beneficiary of his expertise in a number of ways, whether through direct work for the University or enabling clients to realize their charitable inclinations by making generous gifts to Emory. In addition, Bowden was president of the Emory Law Alumni Association in 1986 – 87, has been a lifetime trustee on the Emory Board of Trustees since 1986 and was selected as an Emory Law Distinguished Alumnus in 2005. Learn more at www.law. emory.edu/09EmoryMedal.