Dallas Bar Association
HEADNOTES
Focus Real Estate/Environmental Law
April 2011 Volume 36 Number 4
The Revival of American Patriotism: A Celebration of the Legacy of John Adams Keynote Speaker Chief U.S. District Judge Sidney A. Fitzwater petition team. Judge Fitzwater has achieved a “Employed in the service of my remarkable career. Upon graduacountry abroad…, I first saw the tion from Baylor Law School, he Constitution of the United States joined Vinson & Elkins, LLP as an in a foreign country. I read it with associate in the Houston office. In great satisfaction, as the result of 1978, he relocated to Dallas and good heads prompted by good hearts, joined Rain Harrell Emery Young as an experiment better adapted to & Doke. In 1982, Judge Fitzwater the genius, character, situation and was appointed to the 298th Judirelations of this nation and country cial District in Dallas County and than any which had ever been pro- remained in that position until posed or suggested.” 1986. President RonJohn Adams expressed ald Reagan appointed his devotion to the Judge Fitzwater to the Constitution and its Northern District of everlasting principles Texas in 1986. At the of freedom and jusage of 32, Judge Fitztice in his inaugural water garnered disaddress before the cititinction as the youngzens of Philadelphia est federal judge. He on March 4, 1797. is still the youngAlthough American est life-tenured fedsociety has dramatieral judge. In 1997, cally evolved since Baylor Law School Adams’s presidency, awarded Judge Fitzwathe principles upon ter the Price Daniel which citizens derive Judge Sidney Fitzwater Distinguished Public and exercise their Service Award. This rights are the same. award is presented to an individual The 2011 American Bar Asso- who “exemplifies the spirit of selfciation Law Day theme—The Leg- less dedication to public service acy of John Adams, From Boston represented by the life and career to Guantanamo—celebrates the of the late Governor Price Daniel impact of Adams’s roles of politi- and reflects the true meaning of cal activist, philosopher, lawyer Baylor’s official motto, ‘Pro Eccleand president on the creation of sia, Pro Texana’ (For Church, For the American government and the State).” protection of American society. The DBA’s Law Day activities The American Bar Association has not only honor our judiciary, but highlighted Adams’s defense of a also strengthen community outBritish officer and soldiers allegedly reach efforts with local schools. responsible for civilian deaths in These activities include art and the notorious “Boston Massacre.” essay contests for elementary and Adams’s legal prowess has been middle school students, and mock regarded as “a lawyerly exemplar voire dire observation for high of adherence to the rule of law and school students. The 2011 Law defense of the rights of the accused, Day is certain to be a unique and even in cases when advocates may rewarding experience for all parrepresent unpopular clients and ticipants. become involved in matters that The Dallas Bar Association celgenerate public controversy.” ebrates John Adams’s legacy on May The Dallas Bar Association is 13. The luncheon will begin at noon pleased to celebrate the 2011 Law at the Belo Mansion. Tickets are $35 Day Luncheon Honoring the Judi- per person and parking is available ciary and welcome the keynote for in the Belo Mansion garage. For speaker, the Honorable Sidney more information, or to purchase A. Fitzwater, Chief Judge of the tickets, please contact Michelle Northern District of Texas. Judge Dilda at mdilda@dallasbar.org or Fitzwater received his law degree (214) 220-7474. HN from Baylor University in 1976. While in law school, Judge Fitz- Michelle A. Koledi is a civil litigator licensed in both New water was Associate Editor of the York and Texas state and federal jurisdictions, and a memBaylor Law Review and a member ber of the Dallas Bar Association Publications Committee. of the 1976 state moot court com- She can be reached at michellekoledi@yahoo.com. By Michelle A. Koledi
Don Glendenning—the 2011 Justinian Award Winner Carol is out to see it.” Over the years they have rubbed off on one another sufficiently that Don is When accused of being “modest,” Locke a less poor sport about traveling, and Carol has a Lord’s Dallas Office Managing Partner Don whole host of her own charitable involvements, Glendenning, whom the Dallas Lawyers Auxil- in addition to those she inherits from Don. Don currently serves as Co-Chair of the Camiary has named as its 2011 Justinian Award recipient, usually invokes a personalized version of paign for the New Parkland, Chair of ThanksGiving Square Foundation, Presithe classic Churchill quip by affirmdent of Scenic Texas and Scenic ing, “I have so much to be modest Dallas and is on the boards of the about.” Dallas Chamber of Commerce, the Growing up as the eldest of five Dallas Holocaust Museum, KERA, children in a long-time Celina, Parkland Foundation, TACA, Texas farming family of exceptional Texas Trees Foundation and the athletes, Don confesses that he was Tocqueville Cabinet of the United a considerable embarrassment to his Way. He is a Past Chairman of the family from the outset, with little Dallas Zoological Society, Past Presaffinity for farming and, tragically, ident of Human Rights Initiative of even less athletic ability. Worse North Texas, Past President of the still, he was “bookish.” So his family Rice University DFW Alumni, and resigned themselves to Don’s desire a former director of the National to attend Rice University and then Tree Trust. Stanford Law School, where he He is a recipient of the Antiserved on the law review. Don Glendenning Defamation League of Dallas He very nearly redeemed himself by marrying his fellow Stanford law student, Schoenbrun Jurisprudence Award, the Dallas Carol—a match that Don’s family all agreed was Zoological Society Good Egg Award, the Human far better than they ever thought he could do, Rights Initiative of North Texas Angel of Freewith which sentiment Don fully concurs. Carol dom and Distinguished Lifetime Service Awards and Don made Dallas their home immediately and the Legal Aid of NorthWest Texas Pro Bono after graduation from law school over 31 years Award. Don takes particular pleasure in the canago, and both still practice corporate law in the same firms they joined in 1979. Carol now serves do spirit that characterizes the Dallas business and philanthropic communities. Favorite civic as Chair of Strasburger & Price. While they have no children of their own, involvements have included participation in they have attracted a large family of official and the earliest years of the Human Rights Initiaunofficial godchildren. At one point, when Carol tive of North Texas’ creation of a new agency to realized that she and Don were designated in the secure asylum for the victims of torture, which wills of various friends to be the legal guard- soon came to be one of the most highly regarded ians for more than two dozen minor children, such organizations in the nation, and his over she began to impose parameters. Don concedes two decades of work toward the public-private that when it comes to friends, clients and causes, partnership for the Dallas Zoo, which was completed during his chairmanship. Currently, Don parameters do not come naturally to him. Carol and Don’s “personal elevator speech” Continued on Page 10 has been that “Don is out to save the world, and by Mary Blake Meadows
Patient Wishes Illuminated Through Advance Directives by Kimberly Wilson
The January 8, 2011, shootings near Tucson, Arizona, reminded many that the end of life can come sooner than expected. The events of that Saturday morning were likely followed by the struggles of family and friends of the deceased to determine the deceased’s wishes regarding funeral arrangements and other important decisions. Though each individual’s situation is unique, promoting end-of-life planning through dialogue and legal documentation can assist all involved in ensuring that the individual’s wishes are carried out in the final stages
Inside 5
Environmental Tax Incentives Applicable to Real Estate
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EPA Asserts Fracking Contaminated Water Wells
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Environmental Disclosures in Commercial Real Estate Sales
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JT TEN Accounts and Texas Community Property
of life and beyond. The Fourth Annual National Healthcare Decisions Day is April 16, 2011. This day seeks to educate the public and medical providers on the importance of advance care planning, and inspire and empower them to act. End-oflife planning includes preparation of advance directives, consideration of power of attorney documentation, financial planning and funeral and burial planning. In Chapter 166 of the Health and Safety Code, Texas law provides for advance direcContinued on Page 10
Dallas Minority Attorney Program Friday, April 1 ~ 9:00 a.m. to 5 p.m. • (6.75 MCLE, including Ethics 1.00) ~ At the Belo Mansion ~ Reception immediately following program ~ * Business Development * Marketing * Office Management * Technology * Guardian Ad Litem & Other Court Appointments * Two Judges Panels In its 14th year, this FREE program is focused on business development for solo and small firm and minority lawyers. DMAP has been recognized by the ABA as an exceptional partnership program. (The only charge is for parking and lunch.) RSVP to AHernandez@dallasbar.org.