Mercer Lawyer

Lawyer M E R C E R

SU

L a w

09

o f

shat tered ceilings

S c h o o l

Y vette Miller ’80

INSIDE

W a l t e r

F.

G e o r g e

first African American woman chief judge of the Georgia Court of Appeals | p. 16

Special Section: Remembering Judge Gr i f f i n B . B e l l ’ 4 8 p. 2 4

Pr o f e ss o r Cr e s w e l l o n Animal Law p. 1 4

Defeating Harvard Law… p r i c e l e ss p. 3 2

What nominating Sotomayor says about Obama’s legal impact p. 3 6

Scene from Macon

Š Mark Strozier

The turret from the CS Armory, now fully refurbished and known as the Armory Ballroom. Completed in 1885, the Armory Building was the first permanent home of the Macon Volunteers, a volunteer military unit that doubled as a civic organization founded in 1825. It’s located in the heart of downtown Macon across from City Hall.

Contents f ea t u r es

SU 09

o f

L a w

COVE R S TO R Y

16 Dance with Destiny

24 Judge Bell: ‘the cat’s meow’ The death of Judge Griffin B. Bell was America’s loss, yet his life and legacy are America’s great fortune. In a unique interview

M. Yvette Miller thinks with reverence

with his son and a Q & A with three people who knew him

about the events of Sept. 23, 1957, the

well — grandson Griffin Bell III ’02, Doc Schneider ’81 and

day when nine African American teens,

John P. Cole ’91 — a deeply personal side of Judge Bell emerges.

flanked by police escorts, desegregated

S c h o o l

Central High School in Little Rock, Ark. She never imagined that her life would also be one of crossing barriers and shattering glass ceilings. On Jan. 6, 2009, Miller added another first to her list of historical accomplishments: first African

G e o r g e

American woman chief judge of the Georgia Court of Appeals.

44 1968 graduate H. Terrell Griffin caps his 38-year career as a civil litigator with a

W a l t e r

F.

new career as a successful novelist. The publishing of his fourth book solidifies his career as a mystery/suspense writer.

32 Sound Arguments Defeating Harvard on the road to first place in the ABA’s trial advocacy competition punctuated the point: Mercer Law School is a leader in moot court and mock trial advocacy. Ranked among the nation’s Top 16 advocacy law schools in 2008, read how the stellar season unfolded.

President William D. Underwood

de p a r t men t s

Dean Daisy Hurst Floyd Paul Clement, 43rd U.S. Solicitor General, speaks during 2009 Law Day, p. 10

5 6

From the Dean On the Docket Highlights from the 2008-09 academic year

14 Legal Matters

Professor Richard Creswell writes on animal law.

36 Faculty Essay

So what are the legal implications of the Obama presidency?

Professor David Oedel offers his projections.

39 Faculty News and Scholarship

Editor David N. Hefner Senior Associate Vice President Gloria O. Marshall Design Firm Cooperworks, Inc. Photographers Roger Idenden Erik S. Lesser Mark Strozier Contributing Writers Professor Richard Creswell Professor David Oedel Send change of address to: updates@law.mercer.edu

42 In Print

Spotlight on recent works by professors David Hricik and Linda Jellum

44 Alumni News

} Alumni Profile: H. Terrell Griffin ’68, lawyer and novelist } Class Notes

50 In Memoriam

4

Mercer Lawyer | Summer 2009

Mercer Lawyer is published biannually for the alumni and friends of Mercer University’s Walter F. George School of Law. News submissions, including Class Notes, are welcome and should be addressed to the Editor, Mercer Lawyer, 1021 Georgia Ave., Macon, GA 31207 or e-mail: LawyerNews@law.mercer.edu.

Message From the Dean This past academic year was nothing short of remarkable, both inside and outside the walls of Mercer Law School.

The world has experienced an unexpected financial crisis. We have witnessed the collapse of staple American brands and the loss of jobs and job prospects of countless Americans. Alumni and recent graduates have not been immune. The economic conditions have forced us to think differently about our educational preparation and profession. During the same period, the world watched as Americans elected their first African American president after a historical primary and general election season.

These and other significant events are signs of a changing America — indeed a changing world — and Mercer Law School and its alumni are responding. This issue of Mercer Lawyer debuts a totally new design and editorial direction, one that effectively communicates the vibrancy and energy of Mercer Law School alumni, faculty and students.

Appropriately, our cover story features the Honorable Judge M. Yvette Miller ’80, who made history on Jan. 6 as Georgia’s first African American woman chief judge of the Georgia Court of Appeals. We feature a story on our highly successful 2008-09 moot court and mock trial season in which Mercer law students captured two national championships, three regional championships and three individual student awards. We profile alumnus H. Terrell Griffin ’68, who, after 38 years of practicing law, has retired and is now a successful novelist. Other remarkable accomplishments this past academic year are enumerated in the “On The Docket” section.

And as a special tribute, we honor our most noteworthy graduate, Judge Griffin B. Bell ’48, the 72nd Attorney General of the United States of America. Judge Bell was the quintessential public servant who epitomized the greatest attributes of our profession. As we look back on this memorable year to inform our promising future, we all benefit from the life and legacy of Judge Bell.

Best,

Daisy Hurst Floyd Dean, Mercer Law School

Mercer Lawyer | Summer 2009

5

p

on the docket

H i ghl i ghts f r om th e 2008-09 academic year October 2008

Mercer ranked No. 6 among public interest law schools PreLaw magazine ranked Mercer Law School No. 6 in the country on its list of “Best Public Interest Law Schools.” The ranking is based on information reported in E-Guide to Public Interest Law Schools, including student involvement, curriculum and financial factors.

The top 10 law schools included: Northeastern University School of Law; Loyola Law School (Los Angeles); Lewis and Clark School of Law; American University Washington College of Law; Stanford Law School; Mercer Law School; University of Maryland School of Law; University of Washington School of Law; University of North Carolina School of Law and City University of New York School of Law. The publication noted the schools in its top 10 excelled in many areas, including the strength of clinical programs, loan-assistance programs, pro bono requirements, and the percentage of graduates entering the field.

j The link to the article is: http://www.nxtbook.com/nxtbooks/cypress/prelaw-fall-08/#/28.

October 2008

Graduates pass state bar exam in record margin More than 95 percent of Mercer Law School graduates who took the Georgia Bar Examination for the first time in July 2008 passed, according to the annual report released Nov. 3 by the Georgia Office of Bar Admissions.

2008 pass rate exceedS 95%

6

Mercer Lawyer | Summer 2009

The first-time pass rate of 95.8 percent for Mercer Law School graduates is the highest first-time pass rate at the law school this decade. Since 2001, Mercer’s first-time pass rate has been as high as 94.2 percent. “This year’s score is a testament to dedicated faculty and extraordinary law school students who are trained at Mercer,” said Dean Daisy Hurst Floyd.

“I am enormously proud of how our graduates performed this year on the state bar examination,” Dean Floyd said. “I am equally proud of our faculty, administration and staff who work tirelessly each day to help our students become exemplary lawyers who will join the legal profession with excellent skills, integrity, and a commitment to service. The fact that our graduates performed so well on the state bar exam is yet another confirmation of the quality of legal education provided at Mercer Law School.”

december 2008

Mercer Law professors

editors of new law, rhetoric e-journal

Berger

Mercer Law professors Linda Berger and Jack Sammons are editors of a new electronic journal that features selected abstracts of scholarly works probing the threads that connect law and rhetoric.

The e-journal, released online in December by Social Science Research Network, represents a return to the law’s origins in rhetoric during a time in which the law is threatened by contemporary politics and other disciplines such as economics.

To help guide future development of the e-journal, Berger and Sammons compiled a 13-member advisory board consisting of experts in law and rhetoric.

“This journal, we hope, will eventually help create a community of scholars well-versed in and committed to the quality of the legal conversation in all its forms,” said Sammons, who holds the Griffin B. Bell Professor of Law endowed professorship at Mercer Law School.

“If we are to hold on to the unique elements of this conversation — elements that translate persuasion into justice — then we need to understand them.”

© Getty Images

Sammons

January 2009

Law students SHARE THOUGHTS ON historical inauguration “Today is a true milestone in American history,” student says The goose bumps on her arms emerged just minutes before President Barack Obama took the oath of office, said Mercer Law School student Kelley Pierce, sitting amid dozens of colleagues in the law school student lounge.

“This is a moment we will all remember,” continued Pierce, 25, a second-year student from Columbus, Ga. “The first African American president of the United States … it’s a pretty momentous feeling.”

Minutes after President Obama took the oath and completed his inauguration speech, first-year law student Antoine Bostic, 23, said, “Growing up, I never thought this would happen.” Sitting next to Bostic, first-year law student Lanicia Williams said, “A change has occurred. I just think this opens the doors to everyone.”

For Chong Pak, 38, a first-year law student from Duluth, Ga., the event “is a true milestone in American history.”

“This says a lot about us as a nation of people,” Pak said. “It shows us how far we have come, and how far we have to go. … We need vision and inspiration.”

j (See Professor David Oedel’s essay on the possible legal implications of the

Obama administration.)

Mercer Lawyer | Summer 2009

7

p

on the docket

H i ghl i ghts f r om th e 2008-09 academic year february 2009

Legal Writing Institute renews contract with Mercer Law School Mercer Law School will remain the host school for the Legal Writing Institute until 2016, renewing a previous five-year contract

January 2009

Sanders named

President of Alumni Association Board of Directors

that began in 2003.

With close to 2,000 members representing all ABA-accredited law schools in the United States, the Legal Writing Institute (LWI) is a nonprofit corporation that exchanges ideas about legal writing and provides a forum for research and scholarship in legal writing and legal analysis.

Dennis C. Sanders, ’69, was elected to serve as 2009-10 president of the Mercer Law School Alumni Association Board of Directors.

Sanders, an attorney in the Toombs Judicial Circuit District Attorney’s Office in Thomson, Ga., succeeds outgoing President Chip Barger, ’88. This past year, Sanders served as vice president of the Board of Directors.

“We think this is an exciting time for Mercer, and my primary goal is to follow up on what Chip has done because we feel excited about getting young students opportunities to continue on to be Mercerians,” said Sanders, referring to the BOD’s goal to increase alumni giving in support of scholarships.

Mercer Law School is ranked the nation’s No. 2 legal writing program among all ABA-accredited law schools, according to U.S. News & World Report’s ranking of “America’s Best Graduate Schools.” The seven-year contract renewal means Mercer Law School will continue to host LWI until at least 2016.

“We’re delighted that the connection between the LWI and Mercer Law School will continue,” said Mercer law professor Linda Berger, founder and current editor of the peer-reviewed journal of the Association of Legal Writing Directors. Berger is also the law school’s representative to the LWI board.

“It’s an honor to support the institute’s work in strengthening legal education by “We’re going to call upon the pride of alumni to remember their great days and fellowship and friendship they made at Mercer Law School. And we want to give to these young lawyers some help during these tough economic times so they can share the same pride that we share. What our outgoing president has done is on the right track, and we’re simply going to continue in his path.”

8

Mercer Lawyer | Summer 2009

supporting the development of legal-writing teaching and scholarship.”

In addition to Berger, Legal Writing faculty members at Mercer Law School include professors Sue Painter-Thorne, David Ritchie, Jennifer Sheppard and Karen Sneddon.

The law school’s Yonna Shaw provides administrative support for LWI, including maintaining membership lists, organizing records, overseeing election procedures, and working closely with LWI incoming presidents and treasurers for logistical support.

february 2009

‘ETHOS’ event supports law students seeking to serve the public ethos: Extending The Hands Of Service

Dean Daisy Hurst Floyd poses with Mercer Law’s 2009 ETHOS Award recipients Amy Bell ’04 (left photo) and James “Phil” Bond ’83.

Mercer Law School, in conjunction with the Mercer University Law & Public Service Program, hosted its second annual fund-raising event to support Mercer law students seeking unpaid summer internships in critical areas of public service.

The Second Annual Celebration of ETHOS, an acronym that stands for “Extending The Hands Of Service,” was held Feb. 19 at The Armory Ballroom in Macon. The event helped raise about $8,000, which supported two student internships this summer.

Law school alumni and Macon attorneys James ‘Phil’ Bond ’83 and Amy Bell ’04 were awarded the 2009 ETHOS awards for public service. Bond is the managing attorney in the Macon office

february 2009

Mercer Law School names 2009-10 Law Review Editorial Board The 2009-10 Mercer Law Review Editorial Board members are: Ryan Ingram, editor in chief; Nick Pavlov, senior managing editor; Tiffany Gardner, managing editor; Joe Stephens, managing editor; Sarah Smith, student writing editor; Michael Coots, Georgia survey editor; Brittany Flowe, lead articles editor; Val Leppert, articles editor; Jaime Richards, 11th Circuit survey editor; and Erica Hickey, administrative editor.

of the Georgia Legal Services Program, and Bell is an assistant public defender and head of the Property Division in the Office of the Macon Judicial Circuit Public Defender.

Last year, proceeds from the fund-raiser supported three outstanding Mercer law students who were each awarded $4,000 stipends.

PreLaw magazine recently ranked Mercer Law School No. 6 nationally in public interest law.

The rating is based on student involvement in public service and pro bono activities, the strength of public service curriculum offerings, and financial factors such as public service scholarships and summer stipends for public service work. (See page 6)

Former presidential candidate upholds civil liberties Bob Barr, former U.S. Congressman, federal attorney and 2008 Libertarian Party nominee for president of the United States, told a group of Mercer Law School students that they should “look at what government is doing, not just on the surface.”

At the invitation of the law school’s Federalist Society, Barr spoke on Feb. 24 on the topic “Is Big Brother Watching?” Barr’s address focused on his views on what he called the “diminution” of civil liberties in the United States.

Mercer Lawyer | Summer 2009

9

p

on the docket

H i ghl i ghts f r om th e 2008-09 academic year

march 2009

february 2009

Mercer Law student organization awards high school scholarship A Bibb County 10th grader is the recipient of the first scholarship award given by the Mercer University Black Law Students Association (BLSA) in recognition of a high school student interested in pursuing a legal career.

Members of BLSA presented the $500 award to Bryanna Christine Smalls, 15, a student at William S. Hutchings Career Center, during the organization’s Empowerment Dinner on Feb. 21 at the Ramada Plaza hotel in Macon.

Bryanna Christine (top) In makes her application, Smalls acceptance speech

characterized herself as a during the Mercer Empower“positive, hardworking, BLSA ment Dinner on determined teen who really Feb. 21. Above,

wants to do something with she poses with her (second her life.” The Bibb County teen mother from right) and nearly came to tears when she (l-r) Allison Monyei, president, was named the scholarship BLSA Amanda Heath,

recipient. “The award is given BLSA vice presito a Bibb County high school dent, and Dean Hurst Floyd student who plans on attending Daisy (far right). college and pursuing a legal

career,” said BLSA President Allison Monyei.

“We wanted to reach out by providing role models and mentors for high school students as well as financially investing in our community,” said Monyei, a rising third-year law student.

“It’s all about giving back.”

10

Mercer Lawyer | Summer 2009

43rd Solicitor General urges students to ‘make a difference’ Former U.S. Solicitor General Paul Clement lectured to a packed crowd of mostly first-year Mercer law students on March 6 during Law Day at Mercer’s Walter F. George School of Law. He told the group that arguing cases before the U.S. Supreme Court is just the “tip of the iceberg” of the solicitor general’s duties.

Clement urged Mercer Law School students to seek areas in the legal profession that allow them “to make a difference in professional life.”

“A single individual with a law degree has a tremendous ability to make a difference,” Clement said later during his keynote luncheon address, referencing icons like former U.S. Supreme Court Justice Thurgood Marshall and current Justice Ruth Bader Ginsburg.

A graduate of Harvard Law School, Clement was nominated as solicitor general

by President George W. Bush on March 14, 2005. He served as the 43rd U.S. Solicitor General from June 2005 until June 2008. Prior to his confirmation as solicitor general, he served as acting solicitor general for nearly a year and as principal deputy solicitor general for over three years. He has argued 49 cases before the U.S. Supreme Court, including McConnell v. FEC, Tennessee v. Lane, Rumsfield v. Padilla, and the United States v. Booker.

Clement graduated summa cum laude with a bachelor’s degree from the Georgetown University School of Foreign Service and obtained a master’s degree in economics from Cambridge University. Following graduation from Harvard Law School, where he was the Supreme Court editor of the Harvard Law Review, Clement clerked for Associate Justice Antonin Scalia of the U.S. Supreme Court.

march 2009

AWLS auction raises more than $11,000 for charities Three organizations that provide critical help to children in need, including one of the leading children’s research centers in the country, were the beneficiaries of the more than $11,000 recently raised at an annual auction sponsored by the Association of Women Law Students at the Mercer University Walter F. George School of Law. The three organizations — the local Sunshine House, Ronald McDonald House, and St. Jude Children’s Research Hospital in Memphis, Tenn. — received proceeds from the 11th Annual AWLS Auction held March 19 in Macon. The event raised an estimated $11,218. In its 11 years, the auction has raised more than $110,000.

The Association of Women Law Students is in its 11th year of fundraising.

The Sunshine House Children’s Advocacy Center is a local center where abused children can be examined and, if necessary, testify in a safe and child-friendly environment. The local Ronald McDonald House, affiliated with the national nonprofit organization, helps families of hospitalized children have a place to live close to their loved ones. St. Jude Children’s Research Hospital is one of the most respected cancer research centers in the United States.

First-year student Steele wins annual Hugh Lawson award winner of the King & Spalding Cup

major Renovation under way

Fourth floor renovation

Christopher Steele, 2009 Hugh Lawson Moot Court competition winner, with Dwight Davis ’82, a partner with King & Spalding

First-year Mercer law student Christopher Steele recently won the Hugh Lawson Moot Court competition at Mercer’s Walter F. George School of Law. The annual competition, held on March 6 during Law Day, is awarded to a first-year student who most effectively argues before a panel of Mercer Law School alumni judges and the third-year student who formerly received the award. The judges this year included Dwight Davis ’82, a partner at King & Spalding in Atlanta; W. Louis Sands ’74, a U.S. District Court judge in the Middle District of Georgia; John Carbo ’79, a state court judge in Clayton County, Ga.; and third-year law student Katie Powers. Steele was awarded $500 and the King & Spalding Cup, a trophy provided by the Atlanta law firm and kept at the law school. Steele’s name will be engraved on the trophy.

Mercer Law School is currently undergoing a 14,000-square-foot renovation project to enhance and expand its library, faculty offices and conference space to support instructional priorities.

The renovation plans include the creation of seven new faculty offices and a general-purpose conference room to support the growing number of faculty and staff. In addition, the fourthfloor renovation will include new space for 29,000 volumes held by the law library. The fourth floor will also house registrar records, archived Law Review publications and faculty materials.

In an effort to enhance student gathering spaces and common areas, renovation has begun on the law school’s 4,000-square-foot student lounge, located on the first floor of the law school building and home of the Side Bar Café. The goal of the renovation is to create a comfortable space for students to eat, socialize and study. Along with a new and improved food and dining concept, the renovation plans include a quiet area for meeting and studying and a lounge for socializing and watching television. The multiuse environment is expected to have a coffee-shop atmosphere. The projected completion date is Aug. 1, and the total estimated cost is $975,000.

Mercer Lawyer | Summer 2009

11

p

H i ghl i ghts f r om th e 2008-09 academic year

on the docket

april 2009

Students elect new SBA president at Mercer Law School Palmares first Asian American woman to hold coveted student post Rizza Palmares, far right, with her family in Alaska

Rizza Charmaine Palmares, a rising third-year law student from Savannah, Ga., was elected president of the Student Bar Association at Mercer University’s Walter F. George School of Law. Palmares, whose parents are from the Philippines, is the first Asian American woman elected as SBA president at Mercer Law School. Among other important functions, the SBA acts as the voice of the student body at the law school.

“I’m thrilled to be in such a respected position that allows me to make a difference at Mercer Law School during what I believe to be transformative years in its storied history,” said Palmares, a 2007 Mercer University graduate who served as president of both her freshman and sophomore undergraduate classes. “The SBA will continue to ensure that our reputation increases positively in the eyes of

12

prospective students, those in the legal field, and others in the professional community. In addition, the SBA will continue to bring services, events and programs that will work toward the betterment of Mercer Law and the community.”

Palmares said her parents came to the United States 25 years ago “for the sole purpose of providing a better life for their future family.”

Palmares is the oldest of three siblings. In high school at Calvary Day School, she was president of the senior class, the National Honor Society, and the French Club. She was also vice president of the Chatham County Youth Commission, which allowed her to travel across the nation speaking about issues affecting youth.

A business management major at Mercer University, Palmares spent her junior year abroad at Britain’s prestigious University of

Mercer Lawyer | Summer 2009

Oxford, studying European politics, communications and culture, British literature and world religions.

After receiving her bachelor’s degree, she entered Mercer Law School and has subsequently interned at a Savannah firm specializing in real estate, trademark, and corporate law. This summer, Palmares is interning at Savannah-based firm Savage, Turner, Pinson & Karsman.

“My heritage is really important to me,” Palmares said. “I really want to return to Savannah, because I would be the only Filipino lawyer, and there is a really large Filipino community in Savannah.”

Mary Donovan, assistant dean of students at Mercer Law School, said Palmares’ prior leadership experiences are a definite advantage.

“Ms. Palmares is a proven leader and is respected by

the students, faculty, and the administration at Mercer Law School,” Donovan said.

“I look forward to working with her and the other members of our Student Bar Association next year.”

Other officers of the Mercer Law School 2009-2010 SBA include: John Franklin, vice president; Rachel Wilson, treasurer; Blade Thompson, secretary; Barclay Taylor, third-year (3L) representative; Spencer Freeman, 3L representative; Charlie Grimsley, 3L representative; Christopher Steele, second-year (2L) representative; Lucie Hartman, 2L representative; T.J. Evans, 2L representative; Brittany Flowe, ABA chair; Leigh Anne Landis, ABA vice chair; Bethany Whetzel, 3L concerns committee; Chase Swanson, intramurals chair; Jennifer Sutton, social committee chair; and Michael Rivera, social committee vice chair.

commencement

2009

More than 150 Mercer law students graduated May 16, 2009, in Mercer University’s University Center. The Honorable Judge Edward Johnson, pictured in the bottom left photograph, offered the keynote address. Invoking the names of great literary and legal giants such as Ralph Waldo Emerson, Walt Whitman and U.S. Supreme Court Justice Oliver Wendell Holmes, Judge Johnson offered a powerful message to the 2009 Mercer Law School graduates: “… pursue truth … and above all, seek justice,” he said. In closing, Johnson urged the graduates to remember four things: “You’re part of a noble profession; “The U.S. judicial system is worth defending and preserving”; “Strive to find balance in your life”; and “Treat your clients with respect, compassion and a sense of humanity.”

Mercer Lawyer | Summer 2009

13

b

legal matters

Animal Law: What it is and why I teach it Alumni who ask what I teach are often surprised B y R i c h a r d W. C r e s w e l l when my answer includes “Animal Law.� For the past five years, I have offered an animal law course, a recent addition to the curriculum at about one-third of American law schools. In its simplest and broadest sense, animal law is a study of statutes, regulations and decisional law in which the sentient nature of non-human animals is an important factor.

The subject of animal law, as I conceive it and teach it, is not synonymous with the animal rights movement, or with any particular political, moral or ethical agenda. It is, nonetheless, a subject of growing importance partly because of animal-welfare advocacy groups with such agendas.

h

Laws regulating the interaction of humans and animals are of ancient origin and in America date from 1641, when the legal code governing the Massachusetts Bay Colony addressed cruelty and neglect in the use of animals. The chartering of the American Society for the Prevention of Cruelty to Animals in New York in 1866 was a watershed for the development of American animal welfare law. Legislation adopted contemporaneously with the founding of the ASPCA focused on preventing the

14

Mercer Lawyer | Summer 2009

It is not the practice of killing animals for food, but the conditions in which and methods by which some farmed animals are raised on “factory farms” that have met with resounding disapproval …

mistreatment of animals for the sake of the animals — rather than for the benefit of their owners — and provided an enforcement mechanism independent of criminal prosecutions. Although there are a few federal statutes protecting animal welfare in particular contexts, this field remains primarily a matter of state law.

Americans have well-established empathetic relationships with pet animals, and it is not surprising that the law has been most active in protecting the welfare of species kept as pets.

More than one-third of all U.S. households own a dog and another one-third own at least one cat. Half of all American pet owners consider their pets family.

In 2007, we spent over $41 billion on pets. In recent years, state legislatures have toughened penalties for animal cruelty and responded to public outrage against the practice of dog fighting. Local governments have also responded to public concern for pet welfare with provisions such as anti-tethering ordinances that condemn as inhumane some long-standing customs.

Far more difficult issues of animal welfare involve the 10 billion farmed animals killed each year for food in the United States. It is not the practice of killing animals for food, but the conditions in which and methods by which some farmed animals are raised on “factory farms” that have met with resounding disapproval whenever they have been brought to the attention of the public. Many animals in modern agriculture live in intensive indoor confinement, rather than the bucolic, pastoral scene most people imagine. Ballot initiatives in Florida, Arizona and now California have banned the common practice of confining breeding sows to narrow gestation crates.

Publicity generated by advocacy-group campaigns and by an ill-conceived defamation suit brought by a fast-food restaurant chain against animal welfare advocates has led

agri-business industry groups to respond to public opinion by declaring their intention to move away voluntarily from some of the most egregious practices. Such consumer-driven market forces are more likely, in my opinion, to produce real change in farmed-animal welfare than challenges based on criminal anti-cruelty provisions or regulation by state or federal agencies.

State regulation, however, is likely to follow market-driven changes in customary farming practices to standardize animal welfare practices in the U.S., much as it is doing in the European Union.

In 1976, I offered the first environmental law course ever taught at Mercer Law School. Environmental law was then in its infancy. Working with students in that subject area was an exciting way to be part of the emerging American consensus that our relationship with the environment is worthy of carefully developed state and national policy embodied in statutes and administrative regulations. Accompanying the growth of environmental law, there was a growing public awareness and acceptance that the environmental impact of human activities is an important national concern.

The situation is much the same today with animal law.

Students tell me they take the course out of their personal concern or curiosity about animal welfare, and their motivation results in an unusual investment of their time and energy, even during their last semester of law school. I have no doubt that their investment will be worthwhile as animal law continues to grow and develop its coherence and efficacy as an embodiment of emerging American public policy.

Richard W. Creswell is a professor of law at Mercer Law School.

Mercer Lawyer | Summer 2009

15

cover story

A destiny of shattering ceilings Written by D a v i d N. H e f n e r Photos by E r i k S. L e s s e r

T

he glass door to Chief Judge M. Yvette Miller’s chambers

at the Georgia Court of Appeals is a fitting symbol of

her life’s journey. That journey began with a little girl

born to an extraordinary family in a racially divided

South. At that time, proverbial glass ceilings, upheld by

segregation laws, restricted the opportunities of African Americans and little girls like Judge Miller. Against the

odds, she persevered and even became a trailblazer, opening

doors through which others now walk.

The glass fragments littering the path that Miller has traveled are a testament to the ceilings that she has broken. From integrating Macon’s public school system in 1967 to being appointed in 1992 by Georgia Gov. Zell Miller as the first woman, first African American and youngest director/judge of the Appellate Division of the State Board of Workers’ Compensation, Miller has truly overcome.

And now, at the other side of this glass door adorned with her name, sits the 1980 Mercer Law School graduate who is Georgia’s first African American woman chief judge of the Georgia Court of Appeals.

How did she get here? An extraordinary upbringing, relentless determination, sound legal training, mentors and grace.

16

Mercer Lawyer | Summer 2009

Mercer Lawyer | Summer 2009

17

“The climb has been steep, but it’s been steady,” said Miller, sitting in her downtown office on the fourth floor of the Judicial Building in the epicenter of Georgia’s legal district.

“And I would say the climb began back when I was a student at St. Peter Claver in Macon. When I was in the second grade, I can remember during the summers that my mother made me read 25 books every summer, and I would have to write a book report and be prepared to explain to her what those books were about.

“I can remember discussing with my father, when I was in the third grade, what I wanted to do with my life,” she continued. “I remember telling him that I thought I would like to be a flight attendant or a dancer. He said that those were very nice jobs, but I should concentrate on something serious like becoming a doctor or a lawyer. And then finally, in about the sixth grade, he said: “Well, Yvette, what are you going to be when you grow up, a doctor or a lawyer?”

“Well, daddy,” I said, “I would like to be a lawyer because I enjoy reading and because I want to help people, and I think I can make a difference in this world.”

“Then that’s what you need to focus on being,” he said. “Find out what lawyers do and what it takes to be a lawyer and you need to start doing that right now.”

That’s precisely what Miller did.

“In my opinion, based on the many years I have been a lawyer and judge, I have never met a person, male or female, who has a quicker mind as to the understanding of the law than Judge Miller does,” said Senior Judge James W. Oxendine of the Superior Court of Gwinnett County. Oxendine was the chief judge of the Appellate Division of the State Board of Workers’ Compensation when Miller became the board’s administrative law judge in 1989. He recommended her for appointments to the State Court of Fulton County and the Georgia Court of Appeals.

“I gladly recommended her for the position she holds today at the Court of Appeals. She is an outstanding young woman, a brilliant lawyer and an understanding jurist.”

‘Up to the task’ On Jan. 6, 2009, in the House chamber of the Georgia State Capitol amid a sea of state dignitaries, family, friends and media, Miller was sworn in as chief judge of the Georgia Court of Appeals.

& "Life Times 18

Mercer Lawyer | Summer 2009

As chief judge of one of the busiest appellate courts in the United States, she is responsible for the administration of the court and acts as the head of the court for ceremonial purposes and for all communications.

“Yvette, your way has been made easier by those who came before you,” former Gov. Roy Barnes said at the investiture ceremony. Gov. Barnes first appointed Miller to the state Court of Appeals in 1999. Since then, she has been re-elected statewide, without opposition, for two six-year terms.

“It’s been a long journey, but you, Madam Chief Judge, are up to the task,” Barnes said.

The state constitution provides that the Georgia Court of Appeals exercises statewide appellate jurisdiction “in all cases not reserved to the Supreme Court or conferred on other courts by law.” The list of cases reserved to the state Supreme Court is limited, including, for example, cases involving the constitutionality of a law or cases in which the death penalty could be imposed. That leaves the Georgia Court of Appeals with very broad jurisdiction over all manner of criminal and civil cases.

The state Court of Appeals may certify legal questions to the state Supreme Court.

The intermediate appellate court hears about 86 percent of all appeals filed in Georgia, Miller said. Last year, she said, there were some 3,300 appeals filed before the state appellate court.

Of the cases the court hears, 90 percent of the rulings are final judgments, she said.

The nation’s economic collapse has hit state courts particularly hard. Last year, the Georgia Court of Appeals’ budget of $14.7 million was shaved by more than $1 million, causing the previous chief judge to lay off 10 employees, including a number of the court’s central staff attorneys. Miller therefore finds herself charged with leading a court with fewer personnel and even less financial resources than it had in the past. She has said that her philosophy is to try to do more with less.

During her investiture, she acknowledged that “these are challenging times, and I plan to rise to the occasion.”

In accepting the oath as chief judge, Miller said she will focus her efforts on three areas: strengthening relationships between the three branches of state government and within the appellate court itself; maintaining the functional viability of the court

1950s

Yvette as an infant (6–8 months old) with her mother, and with her father years later on the steps of her childhood home.

Judge Miller is sworn in on Jan. 6, 2009, as chief judge of the Georgia Court of Appeals as her niece, Kira Yvette Miller, stands by her side.

“In my opinion, based on the many years I have been a lawyer and judge, I have never met a person, male or female, who has a quicker mind as to the understanding of the law than Judge Miller does.”

– Senior Judge James W. Oxendine Superior Court of Gwinnett County (Ga.)

1968

13 years old attending an event at Peter G. Appling High School (part of Northeast High School).

1977

Yvette at age 22 at Mercer University when she was senior class president.

Mercer Lawyer | Summer 2009

19

She never imagined that her life would be one of crossing barriers and shattering glass ceilings.

20

Mercer Lawyer | Summer 2009

amid tough economic times; and establishing an electronic filing system for the state Court of Appeals.

“I think it’s important for all appellate courts to work together in a collegial way because that’s the heart and soul of what we do,” Miller said. “We have to decide cases, and in order to decide cases, in panels of three, we have to be able to get along and discuss the cases and put out the work on behalf of the people.

I also think it’s important for the executive and legislative branches to get along with the judicial branches. So I’m focusing on collegiality on all levels.”

On the historic day of Miller’s swearing in as chief judge, Georgia Attorney General Thurbert Baker basked in the moment.

“This is an absolutely wonderful day,” Baker said. “This is a historical moment.”

Michael Bowers, former state attorney general under Gov. Zell Miller, urged Judge Miller to be fearless.

“Work hard, tell the truth and do your best,” he said. “Trust God and fear nothing.”

A time for courage Miller thinks with reverence about the events of Sept. 23, 1957, the day when nine African American teens, flanked by police escorts, desegregated Central High School in Little Rock, Ark. She never imagined that her life would also be one of crossing barriers and shattering glass ceilings. Affixed on the wall of Miller’s office is a painting of one of the six teenage girls who was in the Little Rock Nine, depicted in a white dress, carrying books and wearing dark sun glasses.

“I respect the Little Rock Nine, and the courage that little girl had,” Miller said.

“Brown v. Board of Education means everything to me. I know that education is the key to success. It really means the difference between living a full and meaningful life and contributing to the greater community, and not having those opportunities. I think this landmark case is one of the finest decisions that ever came out of the United States Supreme Court.”

After being a star student and receiving a sound education at St. Peter Claver Catholic School, Miller and her mother, Patricia Miller, a Bibb County school teacher, desegregated Macon public schools. When Miller was entering the seventh grade, her mother was assigned to Walter P. Jones Middle School as the first and

1979

Crowned as Macon’s first African American “Miss Macon”

Chief Judge Miller listens to oral arguments during a recent hearing.

only black teacher there. Accompanying her mother, Miller enrolled in the school as its first and only black student. The only other blacks in the school were the janitor and the cafeteria cook, Judge Miller said “In Macon, Georgia, the superintendent proposed that they send African American teachers in two’s,” Patricia Miller said.

“However, I was the only one they sent to Walter P. Jones Middle School. I was there for three years, by myself, as the first and only African American teacher.

“When Yvette enrolled in the school in the seventh grade, I told her that she was going to be only African American student there, but I told her that she was there to get an education — just like she did at the Catholic school. I told her to ignore what the other people might say. She was there to learn. My job was to see that Yvette got a good education, and that no harm came to her.”

Growing up in the Miller home, the warm cocoon of her parents, particularly her father, Conrad N. Miller, sheltered his daughter and her brother, Dr. Conrad Miller Jr., from the harshness of racism. In order to spare his children from the indignity of segregation, the elder Conrad Miller often did not allow them to go to segregated places or sit in segregated areas. On trips to the pediatrician’s office, the elder Miller did not want Judge Miller to sit in the segregated waiting room, so he would have her wait in the car until the doctor was ready to see her, and the nurse would then summon her through the white waiting room and into the doctor’s front office.

1986

Graduate student at Emory University, where she received her LL.M.

Mercer Lawyer | Summer 2009

21

held a special ceremony for Miller at the law school, where she was formally crowned Miss Macon.

“All of these firsts were really exciting because it showed me that sometimes the underdog becomes the winner,” Miller said. “Being crowned Miss Macon gave me an opportunity to meet lawyers and earn much-needed scholarship money. It also led to my desire to pursue public service so that the underdog could have a say.”

Miller graduated from Mercer Law School in 1980. She later earned an LL.M. degree in litigation from Emory University School of Law in 1988 and an LL.M. degree in judicial process from the University of Virginia School of Law in 2004.

The Georgia Court of Appeals’ motto that hangs over the courtroom bench is an ever-present guide After beginning her career as an for Chief Judge Miller.

attorney with the federal Department of Housing and Urban Development and serving as a law clerk “My father did a very good job protecting us from overt segrefor Fulton County State Court Judge William Alexander, Miller gation,” said Conrad Jr., who is 10 years younger than his sister. joined the Fulton County District Attorney’s Office, where she “I was more aware of the relics of segregation from a historical was one of its first female trial prosecutors. As a prosecutor, she sense than one of actual experience. On the other hand, my sister primarily handled serious felony rape and murder cases. She went had to have been aware of a different level of service in departon to represent the Metropolitan Atlanta Rapid Transit Authority ment stores and shops in downtown Macon.”

(MARTA) as senior in-house litigation counsel and was responsible After middle school, Judge Miller was one of the few African for handling one-third of the agency’s civil litigation in the courts.

Americans at her high school.

Miller began acquiring judicial experience through her service “High school was just a little weird,” she said. “For the first time, I was in a large class of diverse students. It seemed like there as a part-time judge in the Magistrate Court of Fulton County from 1985 to 1989. In 1989, she began her tenure as an adminwas a lot of confusion with the school administration about racial istrative law judge with the State Board of Workers’ Compenissues during the advent of integration. It was occasionally sation. In 1992, Gov. Zell Miller appointed Miller to serve as problematic.” Miller said she “went into a shell because I didn’t director/judge of the Appellate Division of the State Board of want to be bothered with those problems.”

Workers’ Compensation. Four years later, Gov. Miller appointed By the time she reached college, things had changed someher to the state court of Fulton County, and she was re-elected what and Miller was able to emerge from her shell. As a freshas a State Court judge without opposition in 1998. That was man at Mercer University, an overwhelmingly white student followed by her appointment to the Georgia Court of Appeals. body elected her the first African American woman freshman Miller believes that the essential qualities of a judge include class president. Four years later, they elected her the first African American woman senior class president. She was a leader throughout leadership, knowledge of the law, collegiality and courage.

“To be an effective judge you must always follow the rule of her college career. law,” Miller said.

In 1977, she received her bachelor’s degree cum laude and enrolled in Mercer Law School. In her second year of law school, The Georgia Court of Appeals’ motto that hangs over the she was crowned Miss Macon, becoming the first African Ameri- courtroom bench is an ever-present guide for Miller. Its simple message sums up Miller’s personal and professional rise: “Upon can to hold that title. For her talent segment, she performed a the integrity wisdom and independence of the judiciary depend dramatic monologue inspired by a case in her criminal law class. the sacred rights of free men and women.” j The Miss Macon Pageant Association and Dean Bruce Jacob

22

Mercer Lawyer | Summer 2009

Doyle joins mercer law alumni

on the state court of appeals Chief Judge Miller is not the only Mercer Law School alumna on the 12-member Georgia Court of Appeals.

Judge Sara Doyle ’94 joined Miller on the court in January when she defeated lawyer Mike Sheffield in a highly contested December 2008 runoff election.

Judge A. Harris Adams, a 1971 Mercer Law School graduate, is also on the state appellate court.

On Nov. 4, Doyle, a former partner with Holland & Knight, led a seven-candidate field with 22 percent of the vote, followed by Sheffield’s 20.9 percent. In the runoff election, Doyle garnered the necessary 51 percent margin to clinch the victory, becoming one of four women on the state appellate court.

Doyle succeeded Judge John H. Ruffin Jr., who retired.

“I always knew I wanted to pursue a position on the judiciary,” Doyle said.

“I was actually in shock when I won. It was obviously the ultimate goal to be successful, but then I realized I actually had three-and-a-half weeks to shut down a law practice, hire staff and get ready to start on Jan. 2.”

After a little more than a month on the bench, Doyle had found satisfaction in her new role. “I love it. It’s a great job. Every day is something new. It’s high volume and lots of work.”

Doyle attributed her success to her legal writing training at Mercer.

“Going to Mercer was the key to my success,” Doyle said.

“The heavy emphasis Mercer Law School puts on the legal writing program, which is what they do in the court of appeals, is highly valuable. It prepares you to be a great lawyer and a great judge.”

In April, Mercer Law School’s Fish chapter of Phi Alpha Delta initiated Doyle as a member.

Doyle is married to James Russell Doyle ’94 and their daughter, Mary Donovan, was born May 31, 2007. j

Mercer Lawyer | Summer 2009

23

Trial

lawyer .

adviser .

Federal

S enior

judge .

partner .

A uthor . L egal

Father. Grandfather. Great many attributes of

School’s

U.S. Attorney General. Presidential scholar .

grandfather .

Griffin Boyette Bell,

H usband .

Mentor. Friend. The

one of

Mercer Law

most distinguished graduates, are only part of his

tremendous story, dating back to his 1918 birth in rural

Georgia.

And that was just the beginning‌

24

Mercer Lawyer | Summer 2009

Mercer Lawyer | Summer 2009

25

Bell: ‘The Cat’s Meow’

G

Judge Griffin B. Bell ’48 with his first wife, Mary, and son Griffin Bell Jr.

riffin Bell Jr., the only child of the late Judge Griffin B. Bell ’48, was six years out of law school when President Jimmy Carter tapped his father to serve as the 72nd U.S. Attorney General in 1976. Having served two years in the Vietnam War, Bell Jr. recalls the days leading up to his father’s nomination.

“President Carter’s people had asked Dad and others to review possible candidates for the job,” Bell Jr. remembered.

“So they checked it out and did an investigation, but people around the country who were in the know — leaders in the judiciary and lawyers — said the best person was right there in President Carter’s backyard, which was Dad. So he chose Dad.

26

Mercer Lawyer | Summer 2009

“He was known as the superintendent of Mississippi. He desegregated over 100 school districts in Mississippi, and he did it in a peaceable way.”

– Griffin Bell Jr.

Bell being sworn in as a judge on the Fifth Circuit Court of Appeals.

“And then, after he was nominated, I remember sitting in the den after he had decided to do it and there were certain things Dad wanted to do as attorney general. For example, he was the father of mediation, which happens now in almost every case but back in 1976 that wasn’t the case. Somebody else had thought about it, but it took Dad as attorney general to get it going. And mediation is a really big deal today. That’s one of the things I remember him talking about that day in the den.”

The death of Judge Bell was America’s loss, but his life and legacy are America’s great fortune. In a unique interview with his son and a Q&A with three people who knew him well — grandson Griffin Bell III ’02, King & Spalding partner Doc Schneider ’81 and book editor John P. Cole ’91 — a deeply personal side of Judge Bell emerges.

“What I remember most is that I liked him immediately, that he was the cat’s meow and that if I could hang around him, I was bound to have fun,” Schneider recalls in the Q &A.

A Defining Time Griffin Bell Jr. said his father cherished his days as a Circuit Court judge most because of his service to the nation during the tumultuous Civil Rights era, one of America’s defining time periods. Appointed in 1961 by President John F. Kennedy to the United States Fifth Circuit Court of Appeals, Judge Bell’s southern jurisdiction placed him at ground zero in such legal battles as upholding Brown v. Board of Education.

“Those were some tough times,” Bell Jr. said.

“Judges were enforcing the law and were unpopular with a lot of people. Today, judges have body guards, but in those days, they didn’t. It’s like being on the front lines. He was known as the superintendent of Mississippi. He desegregated over 100 school districts in Mississippi, and he did it in a peaceable way.

“He simply tried to be fair and apply the law,” Bell Jr. continued.

“He was raised in that kind of family. … He said people have to obey the law, and this change [desegregation] is coming, and this is a fair thing to do and we’re gonna do it. He was very practical.”

Bell was a senior partner at King & Spalding, keeping office hours there long after his retirement.

Bell shaking hands with President John F. Kennedy, who in 1961 appointed him to the Fifth Circuit Court of Appeals.

Bell with President George H.W. Bush, a close friend and confidante. Judge Bell was appointed by President Bush as vice chairman of the President’s Commission on Federal Ethics Law Reform.

Mercer Lawyer | Summer 2009

27

Q&A

with three men who knew judge bell best and among those who loved him most

Griffin B. Bell III ’02 Grandson

“He always wore a coat and tie, unless sleeping or golfing.”

28

Q: What was it like growing up having the name of your grandfather?

A: It was like always being in a small town, regardless of whether I was in Los Angeles, San Francisco, New York or Cuthbert.

Most people knew his name and that reputation followed me around. This was almost always a good thing. Although I didn’t want the attention, it was much more benefit than burden.

Q: At what point did the epiphany really hit you: the enormity of who your grandfather was and what he meant to so many people?

A: It was neither enormity nor epiphany, but I could tell it was a big deal when he was appointed U.S. Attorney General, although I was only seven or eight years old at the time. Going to Washington, the limousines, and the mega office reinforced that.

When I was 12, we were at the ABA meeting in Honolulu and

Mercer Lawyer | Summer 2009

the two of us swam out to a floating dock well offshore. As we stood on the dock, a man swam out there and introduced himself and shook hands, all the time treading water. He was breathless in his effort, and I thought he might drown. Food went cold at restaurant tables from the constant introductions.

Invitations were extended to kiss elderly mothers at adjacent tables.

A new level came many years later when I would stay with him at the beach. He would talk on the phone in the kitchen, which was really the family room, so that was one of the few places I ever was able to observe him working. One time my Grandmother was sick, and he was making a BLT for her at the same time he was very forcefully telling the White House counsel’s office how to handle a case for George W. Bush. Another time, I was making my way in there for breakfast, having just awoken,

and he flew by me for the back door saying “ … just got off the phone with the President, I’m going to New York and I’ll be back this evening, and we’ll go to the Beach Club at 6:30.” Things of that nature were frequent.

Q: People on the outside know Judge Griffin Bell the attorney and statesman, but tell us about Griffin Bell the grandfather.

A: When I was a child, I was his sidekick (many can say this), and he’d take me to the golf course. He and my grandmother used to take my sister and me on adventures: The World of Sid and Marty Krofft, Six Flags, New Zealand. He always wore a coat and tie, unless sleeping or golfing. I was terrified on a roller coaster once and turned to look at Granddad, and there he was looking straight ahead, stoic, in a dark suit, black rimmed glasses, tie flapping over his shoulder.

He started taking me quail hunting when I was nine, and his Buick would pull up in the driveway around 6 a.m. and we’d drive down to South Georgia.

When I was 15, he’d have me drive back, and we’d talk about whatever granddads and grandsons talk about at that age: school, God, government, plans. He’d fall asleep. He would frequently fall asleep reading, sometimes during a lull in the conversation.

When I was with him, he wasn’t a big shot, and we might as well have been in a Model T, or a wagon, driving up a Sumter County road with his ancestors.

The day before he’d be in Washington with the Secretary of Defense, and the next day he’d fly to Switzerland to sit as an arbitrator in an international case and wouldn’t even spend the night.

When I was in town he used to lend me his Buick. He got a new black one every three years.

One time, home from California, he lent it to me although he had to catch a flight to Washington or New York, so I resisted. “It’s okay,” he said, “I’ll take MARTA [subway], it goes right to the airport.” And he did.

He wrote me a lot, beginning when I went off to college and through my days in California.

He pressed careers on me: doctor, foreign service, UPS driver, just as long as it didn’t involve long hair and rock bands. He sent me a postcard from Ephesus, Turkey, which read, “This is the spot where St. Paul preached to the Ephesians”. I didn’t know who St. Paul or the Ephesians were, but I heard him tell the joke, a hundred times, about Paul’s letters to the Ephesians: the drunk who knocked on the minister’s door at 3 a.m., wanting to know if the Ephesians ever wrote back.

He sent me countless magazine articles and books, and always

made sure I had a subscription to a news magazine. He once copied me on his philosophy of life, handwritten to a reporter, and it hung on my wall for years: (1) focus; (2) stay in shape, mind and body; (3) read widely, including the news, and in depth; (4) be an optimist, things will work out and most problems fix themselves; and (5) have an attitude of trust with others.

integration, doing his part in the war, and giving thousands of thousands of hours to the betterment of communities, schools, foundations, institutions — the social fabric. He was a patriot and wanted everything improved for the good of the country. He wasn’t looking for reward, but he wanted results.

Q: Both your father and you followed your grandfather’s footsteps and became lawyers. Why? A: For me it was a split second alternative to an MBA. I wanted to do corporate law in the credit card business but soon realized what a huge world law opened up. I didn’t fully connect to the essence of being a lawyer, and making sense of those roots in my Granddad, until later. So I kind of backed into it.

Q: What is your sense of how your grandfather saw his legacy as a public servant?

A: Granddad was a very ambitious man who enjoyed, and valued greatly, moving up through the stations in life. He once told me that he had been accused, when he went to Washington, of being part of the “Establishment.” He said, “I don’t know if I am or not, but I’ve spent my whole career trying to get into it.”

Despite that kind of swagger, I don’t think the money, power, and fame sustained him. His modest headstone reads: “Citizen, soldier, federal jurist, attorney general, and trial lawyer.”

His proudest accomplishments were through those stations: defending the wrongfully accused, making a better justice system, helping society stay intact during

Doc Schneider ’81 Friend and understudy Q: What was your first encounter with Judge Bell, and what were your impressions?

A: My first encounter was as a first-year associate right after graduating from Mercer Law School. Judge Bell called me down to his office to meet him.

He brandished our internal firm newsletter that announced that I graduated from Mercer Law summa cum laude.

He said, “You know some of us who graduated before you were pretty smart.”

“Yes, Judge,” I said staring at my toes.

“I hope you don’t think you are the cat’s meow.” He acted as

if I had planted the article.

“Yes, Judge,” I said, “I mean no, Judge, I am not the cat’s meow.” I did not know what the cat’s meow was, but I was certain I was not it.

“Welcome aboard,” he said laughing and extending his hand.

What I remember most is that I liked him immediately, that he was the cat’s meow and that if I could hang around him, I was bound to have fun. I was right on all three.

Q: To have a mentor like Judge Bell must have been thrilling. As a young lawyer, how did you

Mercer Lawyer | Summer 2009

29

initially process the fact that you had a unique opportunity to learn from such a man as Judge Bell?

A: I felt like Lou Gehrig. If I had been in a stadium, and I had a microphone with lots of reverb, I would have said from the beginning, “Today, I consider myself the luckiest man on the face of the earth.”

Q: Professionally and personally, what was the most important thing you learned from him?

A: Professionally, I learned that the lawyer the client loves the most is the one who finds a solution. I also learned the importance of loving lawyers — treasuring them, building friendships. Judge Bell made you what you should be — proud to be a lawyer. Personally, I learned that if you have any sway, any charisma, any talent, you should use it to build up your colleagues — and you should do it all deeply in love with your family and your community.

Of course, I loved Judge Bell’s sense of humor, but I have never sorted out whether I love laughing during the practice of law because I am irreverent to the core or because I am a soldier in Judge Bell’s army.

Q: People know about Judge Bell the U.S. Attorney General, judge, lawyer and senior partner, but what do you think people do not know about Judge Bell the person?

A: Judge Bell’s best feature was how ordinary he was — while being extraordinary. He loved a good single-malt scotch. He loved golf, hunting, history, novels, Mary Bell, Nancy Kinnebrew.

He loved nachos at Joe T. Garcia’s in Fort Worth, Texas, zingy jalapenos with perfect jack

30

Mercer Lawyer | Summer 2009

cheese. He loved The Jefferson Hotel, a good omelet or scrambled eggs with a dash of Tabasco. He was a man among giants, he was a giant among men. He loved Lincoln and Jefferson and Washington and John Marshall and Bush I and Kennedy as if they were his school chums.

Q: In your opinion, how can young lawyers today bring Judge Bell’s legacy to life?

A: A young lawyer has to cherish excellence, the right answer, hard work, his fellow lawyers, our Constitution, our privilege to be lawyers. He or she must have a vision that this is a noble profession, that we can help people, all people, that we can serve our nation, that we can live up to the American DNA, and we can

do it all while being normal, not pompous, not arrogant, not vain — with humor, affection for our colleagues, devotion to our families and our partners.

There was in the American story a remarkable lawyer from Americus. It was my good fortune to fall into his gravitational field and never shake loose. May every lawyer strive to be Griffin Bell. He would tell you that you can do it — and perhaps most remarkable of all, he was right, he is right. For if Griffin Bell can be Griffin Bell, so can you — mint your own legend. Be unforgettable, and solve problems for your client. There may be better ways to spend your days, but I don’t know what they are.

John P. Cole ’91

Editor of Judge Bell’s last book, Footnotes to History Q: Describe your relationship with Judge Bell.

A: We met in 1994 on my first day of work at Mercer. Over the years, we stayed acquainted by

way of trustee meetings and law school events. Working on the book gave me the opportunity to work one-on-one with Judge Bell on a project he cherished.

Q: How did you receive the honor of editing his book, “Footnotes to History: A Primer on the American Political Character”?

A: I was driving Judge Bell from his Atlanta office to a meeting, and during the trip he was working on a speech he was to give to “The Ten.” We talked about his subject, with whom I was familiar, the life of service of Justice Oliver Wendell Holmes.

The judge mentioned that he had always wanted to collect these speeches into a book he would title Footnotes to History. We agreed that I would edit the papers and prepare them for publication.

Q: How long did you all work on the book?

A: Two years or so, with the project taking on urgency in 2008 with his medical diagnosis.

Q: Describe how those working sessions unfolded.

A: Mostly by mail. Judge Bell’s top-notch assistant, Beth Kroger, compiled a notebook of the papers he wanted to consider for the book, and from there we worked on a theme and layout.

Judge Bell continued to pen some speeches and papers, some of which became material for Footnotes.

Q: In your opinion, having spent time with Judge Bell on this book, why did he feel compelled to write it?

A: Judge Bell expressly wanted his book to draw attention to what he saw as bedrock principles of the American system.

He saw this book as a call to public service. Judge Bell wanted Americans to be fully informed about our Constitution and to appreciate how remarkable the American experiment has been and continues to be.

Q: In what way did your experiences with Judge Bell impact your understanding of the law and the role of lawyers in society?

A: Judge Bell valued work for the greater good, and he rightly saw lawyers as public servants.

He also believed that practical experience — especially military service — was an important credential for judges and lawyers.

Finally, in almost all of Judge Bell’s writings and speeches, he stressed the paramount importance of lawyers to American life.

Q: What was your most memorable moment with Judge Bell?

A: More than any single encounter, what I remember is the constant breadth of Judge Bell’s mind. Judge Bell never forgot his roots in Sumter County, recalling neighbors and events from his childhood even as he held forth on current national events. He continued to read and research and write, even as he told stories about his own remarkable achievements. Judge Bell never flagged in his devotion to his country, even though he had contributed to America beyond the call to duty.

Judge Bell was optimistic about our prospects as a nation, and he worked as a positive force until the very end. j

Posing in front of his portrait at the dedication of the Griffin B. Bell Board Room in 2004 are Judge Bell with his wife, Nancy (far left), and fellow Mercer Trustee David Hudson and his wife, Janet.

A caricature of Judge Bell, commissioned by his colleagues at King & Spalding on the occasion of his 80th birthday

Judge Bell authored numerous works, including his latest book titled Footnotes to History: A Primer on the American Political Character.

Mercer Lawyer | Summer 2009

31

Sound arguments

Mercer Law’s Frederick Douglass Moot Court team prepares for nationals

It started at an early age in reverse. As a child, recent Mercer Law graduate April Holloway was shy and reserved. The daughter of a military father, Holloway spent her early years in Japan, attending elementary school through the second grade.

“I was really a quiet kid,” said Holloway, who graduated in May. “I remember my fourth-grade teacher telling my parents, ‘April is probably a really smart kid, but she really never talks so I don’t know.’

I had that whisper talk going on.”

32

Mercer Lawyer | Summer 2009

Summary: m 2 national championships (one in

moot court, and one in mock trial)

m 2 national finalists (second place

in national competitions)

m 3 regional championships m 3 individual student awards m Top 16 Moot Court Program in

the nation (2007-08 competition)

Much has changed about Holloway since those early years. This past academic year, she and fellow 2009 law school graduate Katie Powers were the face of Mercer’s successful 2008-09 national moot court and mock trial advocacy programs.

Powers and Holloway served as chair and vice chair respectively of the Moot Court Board. They led a season that netted two national championships, three regional championships, two national second-place awards, and three individual student awards.

But in an extraordinary kicker to an already stellar moot court season, in April, Powers’ mock trial team captured first place in the American Bar Association’s National Criminal Justice Trial Advocacy Competition, defeating Harvard and the University of Houston law schools in the semifinals and finals respectively. Powers was named the competition’s “Best Advocate” and “Best Cross-Examiner,” resulting in Mercer Law School bringing home the competition’s three most coveted awards. The contest was Mercer’s first time competing in mock trial competitions in several years.

“They beat some of the true powerhouses in mock trial advocacy,” said coach Rudjard Hayes, a seasoned trial lawyer practicing in Atlanta. “At times, it was like David and Goliath. So this victory speaks volumes to the caliber of Mercer Law School and its students. Mercer can compete on a national level in any advocacy program.”

Committed to advocacy The moot court and mock trial seasons are arduous commitments in an already dense academic school year. In all, Mercer Law School faculty prepared 16 teams of law students who traveled from New York to California, from Delaware to the Carolinas.

In total, more than 30 students competed this year, spending countless hours per week preparing for contests involving dozens of law schools across the nation. The hard work paid off. According to the University of Houston Law Center, which tracks law school moot court programs, Mercer Law School was among the Top 16 moot court programs in the nation in 2008.

Moot Court and mock trial season highlights Competition break down

Emory Civil Rights Moot Court Competition (Oct. 9–11) 1st and 3rd place Winning team: April Holloway and Lyndsey Hurst 3d place team — Kristin Bloodworth and Eric Littlefield Faculty Coach: Tim Floyd National Moot Court Competition (Nov. 21–22) 1st Place in Regionals (fourth consecutive regional championship) Team: Katie Powers and Stacey Furgason Best Oralist — Katie Powers Faculty Coach: Reynold Kosek ABA Client Counseling Competition (Feb. 7) 2nd Place in Regionals Team: Cayce Myers and Anne Carroll Faculty Coach: David Oedel American Association for Justice Student Trial Advocacy Competition (Feb. 27–March 1) 2nd Place in Regionals Team: Cayce Myers, Neil Edwards, Michael Lyles, and Leslie Erwin Coach: Rudjard Hayes Frederick Douglass Moot Court Competition (Feb. 5–8) 1st Place in Regionals Team: Hahnah Williams and Janeen Williams Faculty Coach: Anthony Baldwin Ruby Vale Corporate Law Moot Court Competition (March 12–15) 1st Place in Regionals 2nd Place in Nationals Team: Brittany Flowe, Jessica Morgan and Katie Willett Faculty Coach: D. Chris Wells University at Buffalo Herbert Wechsler Criminal Law Moot Court Competition (March 28) 2nd Place Team: Jennifer Friend and Sarah Smith Faculty Coach: Tim Floyd John Marshall/ABA National Criminal Trial Advocacy Competition (April 2–4) 1st Place in Nationals Team: Katie Powers, Cayce Myers, Michael Lyles and Joan McCallum Best Advocate and Best Cross-Examiner: Katie Powers Coach: Rudjard Hayes Faculty Adviser to Moot Court Program: Tim Floyd Chair of 2008–09 Moot Court Board: Katie Powers

Mercer Lawyer | Summer 2009

33

“It feels good to know that all our hard work paid off,” said Holloway, referring to the Frederick Douglas Moot Court team’s three-times-a-week practices for four weeks. The Douglas team, which Holloway coached, won the regional championship in February, defeating the University of Miami School of Law in the finals. The southern region is home to over 1,500 members from 44 law schools in Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee and Puerto Rico.

Testing students’ mastery of brief writing and oral advocacy, moot court competitions are critical components of Mercer Law School’s training of future lawyers who can “hit the ground running,” an oft-mentioned attribute of Mercer Law graduates. And its national success is due to Mercer’s talented faculty and leading legal writing program.

“Mercer succeeds in moot court competitions because of the total commitment of our community,” said Professor Reynold J. Kosek, faculty coach of the regional championship team that competed in the National Moot Court Competition.

“Dean Floyd encourages and supports the development of our program. Faculty, staff, students and alumni give generously of their time and wisdom to assist our competitors. Most importantly, our students work tirelessly to develop the skills needed to win the competitions.”

Professor D. Chris Wells, coach of Mercer’s Vale team, said: “We were all proud to represent Mercer Law School. It demonstrates, once again, the quality of the country’s pre-eminent legal writing program.”

Students on the Vale team competed in the Vale Corporate Competition in Wilmington, Del. For the fifth time in six years, the team won second place in the elite competition, outperforming teams from 22 other law schools, including Emory, Florida State, Wake Forest, Brooklyn, Georgetown, Wisconsin, Tulane, Oregon and Miami.

Mock trial comeback Faced with a fictitious trial involving a case of a judge accused of driving under the influence, Mercer defeated St. John’s, John Marshall, and the University of Maryland law schools before facing Harvard Law School in the semifinals of the ABA National Criminal Justice Trial Advocacy Competition.

In a three-out-of-four ballot vote, Mercer defeated Harvard and then faced the University of Houston in the finals. Arguing for the defense, Mercer triumphed over Houston in another three-out-of-four vote. The

“Moot court competitions are critical components of Mercer Law School’s training of future lawyers who can ‘hit the ground running.’”

Katie Powers, top, argues during the ABA National Criminal Justice Trial Advocacy Competition.

Along with Mercer Law winning first place, Powers won “Best Advocate” and “Best Cross-Examiner” awards.

April Holloway, second from left in middle picture, prepares the Frederick Douglass team for nationals.

The team captured the regional championship.

Holloway was on the winning team that won nationals at the Emory Civil Rights Moot Court Competition.

34

Mercer Lawyer | Summer 2009

championship win earned Mercer Law School an automatic invitation to next year’s competition.

“It felt great,” Powers said of the team victory. “We were all kind of shocked at first. It was a long three days, and we are honored that they decided to name us the winners. It further establishes how dominant Mercer Law School can be.”

The remarkable ABA mock trial championship victory in April further solidified Mercer Law School’s strong academic program in trial advocacy under the direction of Professor Deryl Dantzler, who holds the Tommy Malone Distinguished Chair in Trial Advocacy. For more than 20 years, Mercer Law School has trained criminal defense lawyers in trial advocacy skills as the home of the National Criminal Defense College.

A recent $1 million gift to Mercer Law School by alumnus Tommy Malone established the distinguished chair that bears his name and helps support Mercer’s mock trial advocacy program. Malone, founder of Malone Law Office in Atlanta and listed among the “Best Lawyers in America,” is a member of Mercer University’s Board of Trustees.

“The victory was a wonderful recognition of Mercer’s commitment to preparing students for the advocacy skills of a lawyer,” said Mercer Law School Dean Daisy Hurst Floyd. “Winning the ABA competition was a product of the hard work, talent, and commitment of our students and faculty.

I am tremendously proud of all of our teams, coaches and everyone at Mercer Law School who helped prepare them.”

Stay

Connected

Numbers to remember Your main contacts at mercer Law school www.law.mercer.edu

Dean’s Office

Financial Services

Academic Dean

Law Review

Administration/Finance

Law School Development

Admissions

Library

Alumni Affairs

Marketing/PR

Career Services

Registrar

Continuing Legal Education

Student Affairs

Karen Batts Assistant to Dean Daisy Floyd 478.301.2602 batts_ka@law.mercer.edu Steve Johnson Associate Dean 478.301.2192 johnson_s@law.mercer.edu Michael Dean Assistant Dean 478.301.2607 dean_ms@law.mercer.edu

Marilyn Sutton Assistant Dean 478.301.2429 sutton_me@law.mercer.edu Gloria Marshall Senior Associate Vice President 478.301.2173 marshall_go@law.mercer.edu Jenia Bacote Assistant Director 478.301.2914 bacote_j@law.mercer.edu Nancy Terrill Coordinator 478.301.2204 terrill_n@law.mercer.edu

Stephanie Powell Director 478.3012621 powell_sd@law.mercer.edu Yonna Shaw Advisor 478.301.2622 shaw_yw@law.mercer.edu Mike Mattox Director 478.301.2232 mattox_mw@law.mercer.edu Suzanne Cassidy Director 478.301.2665 cassidy_sl@law.mercer.edu David Hefner Director 478.301.5000 hefner_dn@law.mercer.edu Patsy Crammer Director 478.301.2621 crammer_pb@law.mercer.edu Mary Donovan Assistant Dean 478.301.2586 donovan_m@law.mercer.edu

Mercer Lawyer | Summer 2009

35

Š Getty Images/ Alex Wong

36

Mercer Lawyer | Summer 2009

Mercer Lawyer | Summer 2009

37

a s s e y t l u c

Another case raising some eyebrows involves the late Bushadministration decision to permit the carrying of concealed weapons by visitors to national parks. After the new regulation took effect on Jan. 9, critics moved to enjoin the rule’s operation.

In an early legal decision, the Obama administration followed the Bush administration’s lead by arguing against granting the injunction.

Later President Obama signed a law ensuring the result.

Although the Obama administration has shown caution in switching course abruptly in a number of areas, there are some signs of noticeable change. In the case of New Jersey v. EPA, an appellate court had struck down a Bush administration proposal for a cap-and-trade system for regulating mercury emissions from power plants. Although the Bush administration petitioned the Supreme Court for certiorari in the case, the Obama administration withdrew the petition, saying that it would craft new regulations complying with the lower court decision and the Clean Air Act. In addition to directing the government’s role as a party or amicus in prominent litigation, the president also affects the legal system in at least three other ways: in his general direction of the Justice Department for federal prosecutions; in his use of the Office of Legal Counsel to help define the nature and limits of presidential authority; and, in his power to appoint federal judges. In these more institutional areas, President Obama has made early moves suggesting that significant changes are under way.

The Justice Department under Attorney General Eric Holder is something of a salvage job from the point of view of department insiders and close onlookers. Morale has been unusually low while political maneuvering at the helm seemed to predominate. Former Attorney General Alberto Gonzales, for instance, resigned under a cloud involving allegations that he encouraged politically sensitive prosecutions, fired politically

y

G. O e d e l

a

When Barack Obama took office this year, the United States, through the Solicitor General, had already taken positions as a litigant in more than 20 cases pending at the U.S. Supreme Court, while taking positions as an amicus in almost as many more pending Supreme Court cases. Moreover, at the change of administrations, the United States was a party in more than 7,000 other appellate cases nationwide in which it had already staked out countless positions. In the complex currents of such a massive volume of ongoing litigation, it’s hard to switch course quickly, even if one wanted to do so. President Obama has so far been noticeably cautious about making abrupt changes.

The new administration has even followed the Bush administration’s lead in some controversial matters. For instance, in a case from Alaska in which a prosecutor declined to turn over DNA samples that could have exonerated a defendant of a rape conviction, new Deputy Solicitor General Neal Katyal sided with Alaska before the Supreme Court in March. He argued against the idea that the Constitution requires that criminal defendants be given access to such evidence for testing.

In another case, a Boeing subsidiary is fighting liability for its involvement in “extraordinary rendition” of detainees who claim they were flown about for clandestine off-shore torture at the direction of the government. The Bush position was that the case should be dismissed out of concern for the risk of revealing state secrets. In February, an attorney for the government renewed that argument for dismissal to the apparent surprise of the judges on a panel of the Ninth Circuit Court of Appeals, who seemed to expect that the new administration would seek a change of position in the case. The lawyer claimed that he had thoroughly vetted the issue with the appropriate officials in the new administration, who had decided on a steady course.

avid

f

New Administration Turns the h B y D Legal Ship Slowly

© Getty Images/ Win McNamee U.S. Supreme Court nominee Sonia Sotomayor

non-responsive prosecutors and may have lied to Congress.

Even under the interim leadership of Attorney General Michael Mukasey, career prosecutors felt slighted in deference to more politically attuned concerns.

For instance, in the federal murder case against a San Francisco gang member, local prosecutors had urged a plea bargain.

However, Mukasey vetoed the plea deal, forcing a death-penalty trial quite rare for San Francisco.

With the trial already under way, new Attorney General Holder reversed course and permitted local prosecutors to accept essentially the same deal that Mukasey had earlier refused to permit them to accept. The case signaled new deference to the local and career insiders at the Justice Department — seen as a refreshing change by many in the department.

The Office of Legal Counsel was the source of many of the most controversial legal opinions issued during the Bush administration, such as on waterboarding not amounting to torture, the ability of the president to nullify aspects of legislation in signing statements, and the assertion of inherent power to conduct illegal wiretapping. In a sure sign of significant change, Dawn Johnsen, one of the fiercest critics of the office under Bush, was nominated by President Obama to lead the office. Johnsen has vowed to make its operations more transparent and less political.

Finally, in the appointment of federal judges, with the exception of the quick and widely reported nomination of Sonia Sotomayor, President Obama has gone slowly so far, having

38

Mercer Lawyer | Summer 2009

nominated few despite a backlog of about 60 vacancies. In his selection of Sotomayor, President Obama showed considerable caution, picking the least controversial, most-centrist of the candidates who were reported to have been on the short list.

Likewise, President Obama’s first selection for an open Court of Appeals position was of a long-sitting, careful and highly intelligent district court judge from Indiana, David Hamilton, who carries a lengthy, competent and largely non-controversial judicial record.

The arena of judicial selection may ultimately result in some of the most significant and lasting impacts that President Obama will make on American law. He is expected to be able to appoint well over 100 judges to lifetime appointments in his first term. So far, however, defying some predictions, President Obama’s main initiative may not be to steer a strongly leftward course, but instead primarily to de-escalate the judicial selection wars of recent times by picking relatively centrist judicial craftspeople with impeccable credentials and reputations. Of course, it remains to be seen whether such an early trend will continue.

As a general proposition, though, considering appointments as well as the positions taken on specific legal issues pending, it seems fair to report that the great majority of the Obama administration’s early forays into the legal thicket have been more cautious than polemically adventuresome.

David G. Oedel is a professor of law at Mercer Law School.

Fa c u l t y N e w s and Scholarship

Anthony Baldwin Professor

Recent Publications: “Law Touches The Hearts of Children: A Generation Remembers Brown v. Board of Education,” in the book Brown v. Board of Education Indirect and Substantial Effect, (Richard J. Bonnie & Mildred W. Robinson, eds.), published February by Vanderbilt University Press.

Activities: Keynote speaker in April at the third-annual meeting of Law School Diversity Professionals in Minneapolis, Minn.

Linda Berger Professor

Ted Blumoff Professor

Recent Publications: “On the Nature of the Action-Omission Network” published in the Georgia State Law Review.

Recent Publications: Co-authored, “Abraham Lincoln on Professionalism” published by the Atlanta Bar Association.

Work in Progress: “The Problems with Blaming” in Law, Mind and Brain, published by Ashgate Publishing (2009) and edited

by Michael Freeman and Oliver Goodenough.

Presentations: Co-presented paper titled, “Externships and the Formation of Professional Identity Proposal,” at the Association of American Law Schools Conference on Clinical Legal Education in Cleveland, Ohio.

Activities: Gave lecture at Vanderbilt University Law School titled, “The Brain Sciences and Criminal Law Norms,” as part of the 11th Scholarship Conference of the Society for Evolutionary Analysis in Law. Participated in the annual meeting of the Gruter Institute of Law and Behavioral Research in Squaw Valley, Calif., from May 17-22.

Recent Publications: Editor of E-Journal of Law and Rhetoric Abstracts on the Social Science Research Network.

Work in Progress: “How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis of Metaphor, Narrative, and Imagination in Child Custody Disputes.”

Activities: Organized the “Law and Rhetoric: Legal Writing through a Rhetorical Lens” workshop held in San Diego, Calif., in January 2009 in conjunction with the Association of American Law Schools.

Tim Floyd Professor

Jim Fleissner Professor

Recent Publications: “A Rescue Plan for the Justice Department,” published in the January-February 2009 edition of Judicature.

Activities: Panelist at the Mississippi College Law Review Symposium titled, “The Intersection Between Attorney Speech, Personal Morality, Religion, and the Rules of Ethics,” held February 2009.

Spoke on the topic “The Law and Procedure for a Death Penalty Case in Georgia” at the Georgia Council for Restorative Justice, Defense-Initiated Victim Outreach Training.

In September, helped plan and moderated at “A National Conference on Religious Faith, Torture, and Our National Soul,” held at Mercer’s Atlanta campus.

Sarah Gerwig-Moore Associate Professor

New Appointments: Named vice chair of the Macon-Bibb County Planning and Zoning Commission in January 2009. She has been a commissioner since November 2007.

Oren Griffin Assistant Professor

Work in Progress: “Constructing a Legal and Managerial Paradigm Applicable to the Modern-Day Safety and Security Challenge at Colleges and Universities,” accepted by Saint Louis University Law Journal.

David Hricik Professor

New Book: Patent Ethics: Prosecution, published June 2009

by Oxford University Press.

Recent Publications: Co-authored “Writing Matters,” published by Georgia Bar Journal.

Co-authored “Metadata: Are You in Danger of an Ethics Violation,” in the ABA Young Lawyer.

Mercer Lawyer | Summer 2009

39

Fa c u l t y N e w s and Scholarship

Co-authored “Metadata: The Ghosts Haunting e-Documents,” 26 Computer Internet Lawyer 35.

“The Two-Pile Method to Legal Research and Writing” published on TheCompleteLawyer.com.

“Combining Prosecution with Other Forms of Representation,” published

by BNA books. The chapter is published in the book Drafting Patents for Litigation and Licensing.

“Infinite Combinations – The Many Forms of Conflicts of Interest in Patent Litigation,” 26 Del. Lawyer 14 (2009).

Presentations: Panelist examining cyberspace law and ethics at the 132nd International Trademark Association’s annual meeting in Seattle, Wash.

Panelist discussing ethical issues in patent prosecution and litigation with leading Atlanta IP lawyers at the Georgia State Bar IP Section’s annual SpringPosium meeting May 8 in Adairsville, Ga. Live, interactive teleconference on ethical issues arising from technology for the Virginia Bar Association.

Presented, “How to Manage Risk in a Challenging Economy,” a series of CLEs to attorneys in Rhode Island.

Other presentations include: (1) “Oops, I did it again! What Britney Spears Can Teach Us About Ethics and Technology” at the America Bar Association meeting in Atlanta (April 30); (2) Legal ethics at the joint meeting of the Washington and Oregon Intellectual Property Law associations in Woodinville,

40

Wash. (April 24); (3) “Docketing and Risk Management in Patent Prosecution” at the ARMA International annual meeting in Las Vegas, Nev. (Oct. 18); (4) “Professionalism in Trademark and Patent Practice” at Georgia State University’s Corporate IP Institute in Atlanta, Ga. (Oct. 29); (5) “Ethical Issues in Patent Prosecution” at the University of Texas School of Law’s Advanced Patent Law Institute in Austin, Texas (Oct. 31); and (6) “Conflicts of Interest in Patent Practice” to the Minneapolis Intellectual Property Law Association in Minneapolis, Minn.

decisions at a joint meeting of the Atlanta and Georgia Bar Labor & Employment Law Sections in Atlanta, Ga.

Stephen Johnson Associate Dean

Recent Publications: “Is Religion the Environment’s Last Best Hope?” published in the Journal of Environmental Law and Litigation.

Mark L. Jones Professor Linda Jellum Associate Professor

New Book: Mastering Statutory Interpretation published by Carolina Academic Press.

Recent Publications: “Which is to be Master: the Legislature or the Judiciary? When Statutory Directives Violate Separation of Powers” in UCLA Law Review.

New Appointments: Co-chair of the American Bar Association Section on Administrative Law’s Judicial Review Committee; Secretary for the American Association of Law School’s New Law Professor Section.

Mercer Lawyer | Summer 2009

Activities: Co-organized Mercer’s Professionalism and Vocation Across the Professions symposium, titled “Practical Wisdom: The Character of the Professions,” on Oct. 30-31 at Mercer Law School.

The symposium was the third in a series exploring the civic dimensions of the professions and the values that underlie professional practice.

Harold Lewis Jr. Professor

Recent Publications: Co-authored, “The Contours of a New FRCP, Rule 68.1: A Proposed TwoWay Offer of Settlement Provision for Federal Fee-Shifting Cases,” published at 252 Federal Rules Decisions 551 (2008). The article appeared in January among the Top 10 downloaded civil litigation pieces on SSRN. It was also the first selection in the Southeast Association of Law Schools’ 2009 “Call for Papers” competition.

Presentations: Review in December 2008 of recent Eleventh Circuit

Recent Honors: Recently submitted a paper to the Federal Rules Decisions publication that was selected the best paper in the Southeast Association of American Law Schools’ “Call for papers” program.

Dave Oedel Professor

Recent Publications: Personal remembrance of Judge Griffin Bell ’48 in the National Law Journal on Jan. 12.

Suzianne D. Painter-Thorne Associate Professor

Recent Publications: Co-authored, “The Seven Virtues of Appellate Brief Writing: An Update From The Bench,” published in the Southwestern Law Review; “Craft Careful Analogies — And Become A Better Legal Writer” and “A Matter of Style,” published in September/October issue of The Complete Lawyer.

David Ritchie Associate Professor

Jack L. Sammons Griffin B. Bell Professor of Law

Activities: Program chair for the 2009 Law and Humanities Section program, titled “Legal Outsiders in American Film,” held in January at the Association of American Law School’s annual meeting in San Diego, Calif. The proceedings from the Law and Humanities panel will be published in the Suffolk University Law Review.

“Censoring Samba: An Aesthetic Justification for The Protection of Free Speech,” published in the Stetson Law Review.

New Appointments: Chair of the Law and Humanities Section of the Association of American Law Schools for 2009.

Moderated a panel in San Diego, Calif., at the Mercer-sponsored program on Law and Rhetoric.

Michael Sabbath Professor and the Southeastern Bankruptcy Law Institute/ Walter Homer Drake, Jr. Endowed Chair in Bankruptcy Law

Recent Publications: “A Lawyer’s Moral Obligation to Write Well,” published in the February edition of The Complete Lawyer.

Work in Progress: “A Rhetorician’s Perspective on Religious Speech in Democratic Conversation,” Seattle Law Review.

“Justice as a Play,” University of Virginia Journal of Literary History.

Presentations: “Rhetoric’s Making Strange” at the Legal Writing Institute’s Law and Rhetoric Workshop in San Diego, Calif., in January.

“Bonhoffer without Sin: State and Church” as part of the Mercer University Worship Series on Bonhoffer. The presentation will be published in a collection of speeches by Mercer University Press.

Jennifer Sheppard Assistant Professor

Recent Publications: “The ‘Write’ Way: A Judicial Clerk’s Guide to Writing for the Court,” published in the University of Baltimore Law Review.

Karen Sneddon Associate Professor

Recent Publications: “Beyond the Personal Representative: The Potential of Succession Without Administration,” published in the South Texas Law Review.

Activities: Co-chair of the Legal Writing Institute’s Development Committee for 2008-2010.

Presentations: “Student Loans in Chapter 7 and Chapter 13” at the 15th Annual Mid-South Conference on Bankruptcy Law in Tunica, Miss., on Feb. 6.

Mercer Lawyer | Summer 2009

41

spot l ig h t

Collateral Consequences of Arrest and Convictions: Policy and Law in Georgia

Patent Ethics: Prosecution

By David Hricik, professor, Mercer Law School, and Mercedes Meyer Oxford University Press By providing relevant rules and case law, Patent Ethics: s

problems before they arise and teaches them how to address

k

them when they do. David Hricik and Mercedes Meyer have

o

Prosecution offers practitioners the ability to identify ethical

created a first-of-its-kind treatise, combining the United

By H. Lane Dennard Jr., Mercer Law School visiting professor, and Patrick C. DiCarlo Mercer Law School (publisher) This book examines the legal barriers facing people with criminal records in the state of Georgia. The two major objectives of the book are: (1) to provide the legal background and authorities for representation of clients by the Georgia Justice Project (an Atlanta-based nonprofit group of lawyers, social workers and job staff that represents indigent clients), and (2) to develop strategies for legislative and administrative change in Georgia. The study was supported by a grant from the Georgia Bar Foundation.

o

mentary, distilling their experience and expertise in patent

b

State Patent and Trademark Office (PTO) rules with comprosecution into effective practice strategies. A companion

i

available from Oxford University Press. “David Hricik is the

n

nation’s leading expert on patent ethics,” said Mark Lemley,

m

volume, Patent Ethics: Litigation, written by Hricik, is also

the William H. Neukom professor of law at Stanford Law

u

School. “This is an important book on an important topic.”

a

l

(Source: Oxford University Press Web site)

About the Author d

Professor Hricik teaches ethics and patent law at Mercer

n

Intellectual Property Law Association as well as the IP

a

and has chaired the ethics committees of both the American Section of the ABA. Hricik is also an extremely popular and frequent speaker to bar associations on the subject of

y

intellectual property and ethics.

The Law of Cooperatives Charles T. Autry and Roland F. Hall ’94, Business Law Section of the American Bar Association This new book provides an introduction to cooperative law and an overview of the primary issues that differentiate cooperative law from other areas of business law. This practical guide provides: • the history and a discussion of cooperative form of business • a comparison of the cooperative entity with other business entities • guidelines as to when to use the cooperative form of business • a discussion of the different types of cooperatives and cooperative structures • an outline of the operation and governance of cooperatives, including members, directors, and officers • the tax implications of a cooperative.

(Source: American Bar Association Web store)

Remember Your ABCs: Quotes and ideas that will empower you to live the life you want to lead

a

c

u

l

t

Wilson L. Trivino and C. David Trivino ’09 Aura Free Press The ABC concept captures the best ideas that allow everyone to refocus.

By spelling out our dreams and creating a road map, we will more likely reach our destination, rather than simply being lost in motion. The three forces that will empower your destiny center around your Attitude, Beliefs, and Commitment. … This book should be used as a reference and used daily.

f

(Source: Remember Your ABCs)

42

Mercer Lawyer | Summer 2009

s p otli gh t

Mastering Statutory Interpretation

By Linda Jellum, associate professor Mercer Law School Carolina Academic Press

Blood Island

most important material.

By H. Terrell Griffin ’68 Oceanview Publishing When his ex-wife asks for help in tracking down her stepdaughter, last seen in Matt Royal’s hometown of Longboat Key, Matt agrees to do a little searching. But what looks like the case of one missing girl turns out to be something much bigger — and much more dangerous. Enlisting the aid of his buddies, Jock Algren and Logan Hamilton, Matt launches a full-speed-ahead search that leads from Longboat Key to Key West to an ominous strip of land called Blood Island. But this is no island paradise. Blood Island is home base to a cult of religious zealots. And they’re making devastating plans that could change the world forever.

(Source: Amazon.com’s “Editorial Reviews”)

(Source: Oceanview Publishing Web site)

Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based.

Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Each chapter provides a concise roadmap and summary to introduce and encapsulate the

About the Author Professor Jellum teaches administrative and statutory law, as well as properties and business drafting, at Mercer Law School. She recently received the rank of tenure, effective July 2009. She is the newly appointed co-chair of the American Bar Association Section on Administrative Law’s Judicial Review Committee, and secretary for the American Association of Law School’s New Law Professor Section. Her most recent article, “Which is to be Master: the Legislature or the Judiciary? When Statutory Directives Violate Separation of Powers,” is forthcoming in the UCLA Law Review.

oth e r m e r c e r law a u t h o r s you m i g h t wan t to r ea d

Footnotes to History: A Primer on the American Political Character

By Griffin G. Bell ’48 and edited by John P. Cole ’91 Mercer University Press With the assistance of lawyer John P. Cole, Bell offers the reader lessons in character — what contemporary citizens can learn from the contributions of historical patriots. The volume is a compilation of Bell’s lectures delivered to a dinner club, perhaps what we might call a salon, “devoted to intellectual conversation,” and each chapter is footnoted with the date and place of delivery of the subject lecture.

(This review is an excerpt taken from a review by Hollie Manheimer, which originally appeared in the February 2009 edition of the Georgia Bar Journal, Volume 14, Number 5.)

Steve Berry, Class of 1980, The Charlemagne Pursuit (2008) and six other novels since 2003 • Nancy Grace, Class of 1984, Objection!: How High-Priced Defense Attorneys, Celebrity Defendants, and a 24/7 Media Have Hijacked Our Criminal Justice System (2005) • Richard Jay Hutto, Class of 1984, Crowning Glory: American Wives of Princes and Dukes (2007) • Brainerd Currie, Class of 1935, Quidsome Balm: The Collected Nonsense of Brainerd Currie (2000) • Jennifer Lewis Roberts, Class of 2002, Agnor’s Georgia Evidence (2008) • Jay Alan Sekulow, Class of 1980, Witnessing Their Faith: Religious Influence on Supreme Court Justices and Their Opinions (2006)

Mercer Lawyer | Summer 2009

43

alumni news

Alumni Profile

Griffin finds second career as award-winning novelist from civil litigator to published author As fate would have it, a 38-year career as a civil litigator provided the foundation upon which H. Terrell “Terry” Griffin’s career as a mystery novelist took root.

Three years ago, the 1968 Mercer Law graduate retired and exchanged his days in the courtroom with clients, jurors and judges to new days in his suburban Orlando, Fla., home behind a desk churning out novels that John Grisham would appreciate.

In the last five years, Griffin has written four novels, including his most recent release, Blood Island, which has been named an awardwinning finalist in the mystery/suspense category of the 2009 Indie Excellence® Awards.

“My lifelong dream was to write,” Griffin said. “I was a trial lawyer my whole career. It is necessary for the trial lawyer to marshal his facts and synthesize them into a story that the jury can understand. In a sense, the writing of mystery fiction is the same. The writer has to make sure that the facts he presents to the reader support the tale he is telling.

44

Mercer Lawyer | Summer 2009

“So when I decided to close out my law practice and retire, I had a four-year period of gradually disentangling myself from the law. I found that I had more and more time, and finally decided that if I was ever going to try writing, now was the time.”

Griffin wrote and published his first novel, Longboat Blues, in 2005, a year before he retired and began decompressing from a long litigation career. His second novel, Murder Key, was published less than two years later. Blood Island, his third and most recent release featuring leading protagonist Matt Royal, a Florida lawyer, came out this year. His fourth novel, Wyatt’s Revenge, is complete and scheduled for release this fall.

Griffin is currently writing his fifth book.

“Blood Island is Florida Deco fiction at its best, and stakes out a solid chunk of literary beachfront for author H. Terrell Griffin,” said Randy Wayne White, the New York Times best-selling author of Black Widow.

“The dialogue, sparse and mature, is Hemingwayesque. His insights into the quirky beast that is Florida will delight John D. MacDonald fans. Mr. Griffin’s knowledge of law, and his sense of story, rival Grisham’s best.”

In addition to the Indie Excellence® Awards, Blood Island is a finalist in the mystery categories of USA Book News’ “Best Book of the Year” and Foreword Magazine’s “Best Book of the Year.” The novel was a runner-up for the “Best Book of the Year,” mystery category, in the prestigious Benjamin Franklin Award, given each May by the Independent Book Publishers Association. In December 2008, the first month the book was in circulation, Blood Island made the American Booksellers Association’s national best-seller list.

“I’ve long been fascinated with the twisted version of religion that some fanatics adhere to,” said Griffin, alluding to a central subject explored in Blood Island.

“I wanted to explore that a little bit, but not make too big a deal of it.

After all, the book is supposed to be a fun read, not some dark philosophical tome.

“I have been humbled by the award nominations that came from the book,” Griffin continued. “I certainly was not expecting it to rank so high in so many awards. It’s kind of humbling.”

When asked what advice he had for young lawyers today finishing Mercer Law School, the lawyer-turned-novelist simply said: “Don’t take yourself too seriously. Nobody else does.”

Other Books by Griffin

Murder Key and Longboat Blues

Both books are available in paperback on Amazon.com or at www.hterrellgriffin.com

Stay Board of Visitors

Alumni Board

Connected

Name

Year City, State Email

M. Tyus Butler Jr.

1974

Savannah, Ga.

mtbutler@bouhan.com

Benjamin M. Garland (chair)

1969

Macon, Ga.

bengarland@hbgm.com

The Hon. Frank J. Jordan Jr.

1972

Columbus, Ga.

Jordan@gajudges.org

Mary Mendel Katz

1979

Macon, Ga.

Mkatz@chrkglaw.com

The Hon. John T. Laney III

1966

Columbus, Ga.

K4bai@worldnet.att.net

J. David Parrish

1971

Winter Park, Fla.

jdp@parrish_smejkal.com

S. Catherine Phelps (vice chair)

1991

Atlanta, Ga.

kphelps@mindspring.com

Paul Quiros

1982

Atlanta, Ga.

pquiros@kslaw.com

William C. Sanders

1975

Thomasville, Ga.

wsanders@alexandervann.com

Williams B. Shearer Jr. (sec.)

1967

Atlanta, Ga.

wshearer@pogolaw.com

The Hon. Wendy L. Shoob

1977

Atlanta, Ga.

Wendy.shoob@fultoncountyga.gov

Charles G. Barger Jr.

1988

Merritt Island, Fla.

chip@nancelaw.com

Thomas P. Bishop

1985

Cartersville, Ga.

tpbishop@southernco.com

Pamela L. Coleman

2003

Macon, Ga.

pamlcoleman@cox.net

Kate Sievert Cook

2002

Upatoi, Ga.

kate@butlerwooten.com

Theresa Light Critchfield

2005

Ooltewah, Tenn.

tlcritchfield@cbslawfirm.com

Richard Gerakitis (sec.)

1981

Atlanta, Ga.

richard.gerakitis@troutmansanders.com

Deron R. Hicks

1993

Warm Springs, Ga.

dhicks@hbag.org

Lynn Talley Johnson

1980

Cohutta, Ga.

johnsonlt@appeals.courts.state.ga.us

Kermit N. McManus

1980

Cohutta, Ga.

kmcmanus@whitfieldcounty.ga.com

Renay Bloom Montreuil

2001

Macon, Ga.

rbmontreuil@cox.net

Dennis C. Sanders (president)

1972

Thomson, Ga.

dsanders@datjc.com

William B. Shearer III (V. P.)

1999

Atlanta, Ga.

wshearer@uniteddistinc.com

D. Kent Shelton

1992

Powder Springs, Ga.

kent@kentsheltonlaw.net

Mercer Lawyer | Summer 2009

45

alumni news

Class Notes

George Williams, 1969

James Rollins, 1987

1939

1981

portrait of him presiding from the bench in the third-floor courtroom at the Thomas County Courthouse. Lilly turned 90 in May. He was sworn in as a Superior Court judge in the Southern Judicial Circuit in 1979, took senior status in 1994 and remained on the bench until early 2008.

on Aug. 26, 2008, after 27 years as a prosecutor.

The Honorable Judge Roy M. Lilly was recently honored with a

1968

H. Terrell Griffin authored the book, Blood Island, published by Oceanview Printing and released in December 2008. The book is an award-winning finalist in the mystery/suspense category of the 2009 Indie Excellence® Awards.

Joe F. Grammer III was elected Bay County (Panama City, Fla.) judge

1982

Dwight J. Davis is a senior partner with the firm of King & Spalding and was inducted as a fellow in the American College of Trial Lawyers in March 2008.

Jim Elliot resigned as Warner Robins city attorney after nearly 24 years in that position in order to go into private practice.

The Honorable Curtis S. Jenkins was elected to the board of

1969

Lawrence C. Collins was re-elected to his fourth term as mayor of the City of Byron. His terms include the years 1976–1984 and 2004-2012.

George Williams recently joined the firm of Lowndes, Drosdick, Doster, Kantor & Reed as a counsel attorney. Williams’ practice focuses on international business transactions, restaurant development and finance, and mergers and acquisitions. Williams, former editor-in-chief of the Mercer Law Review, retired from Darden Restaurants Inc. after a 35-year career.

1970

Gerald Edenfield was recently named the 2008 “Business Leader of

directors of the National Rifle Association, previously serving 16 years as a member of the Georgia House of Representatives.

1983

W. Dwight Payne recently returned from a mission trip traveling Canada’s ice roads. An article about the trip was published in an issue of The Baptist Horizon, the official magazine of the Canadian Convention of Southern Baptists.

1984

Michael G. Roberts has been named managing shareholder of the Turner Padget Graham & Laney PA’s Charleston office. His practice is concentrated in the areas of taxation, estate planning, business transactions and health care law.

the Year” by the Statesboro-Bulloch County Chamber of Commerce.

Edenfield, who operates a large farm in Stilson, is managing partner of Edenfield, Cox, Bruce & Classens.

1985

1979

ern District of Virginia on May 17, 2008.

Dewey H. Hayes Jr. is serving as district governor for the Lions of Georgia organization, covering 43 counties of Southeast Georgia.

1980

The Honorable Judge M. Yvette Miller became the first African American woman chief judge of the Georgia Court of Appeals in January 2009. Judge Miller has been re-elected statewide, without opposition, for two six-year terms.

Wright W. Smith has been elected chairman of the board of directors of Citizens First Bank. Smith’s tenure with the financial institution spans more than 20 years, after joining as director in 1987. Smith, a Rome, Ga., native, is a partner with Brinson, Askey, Berry, Seigler, Richardson & Davis, LLP.

46 Mercer Lawyer

Brian Wilson, 1987

| Summer 2009

Julia C. Dudley became acting United States Attorney for the WestJohann R. “Chip” Manning Jr. joined Central Parking System in Nashville, Tenn., as senior vice president and general counsel.

The Honorable Judge Gary Mikell was recently named 2009 “Kiwanian of the Year” by the Statesboro Kiwanis Club. The award is granted by Kiwanis International based on club membership, activity and dedication. Judge Mikell was elected Bulloch County State Court solicitor in 1996 and the Bulloch County State Court judge in 2000.

Darcee S. Siegel was recognized by the American Bar Association Tort Trial and Insurance Practice Section with the Kirsten Christophe Memorial Award for Excellence in Tort Trial and Insurance Law for demonstrating expertise in the areas of insurance law and trial practice.

Class of 1969 Reunion

Althea Buafo, 1987

L to R (front row) Jerry Harrell, Jimmy Wootan, Larry Collins, Beck Clapp, Bob Hershner, George Sparrow, (second row) Hylton Dupree, A. J. Welch, Rusty Simpson, Quillian Baldwin, Dixon Nash, Ben Garland, Wendell Bowden, (third row) Bill Keith, Guerry Moore, George Williams, Ed Varner, David Greer

Sara Doyle, 1994

1986

1993

attend U.S. Army War College during the 2008-2009 academic year.

erty County, Ga. Darrisaw is a former prosecutor for the Dougherty District Attorney’s Office and former law clerk for U.S. District Judge W. Louis Sands ’74.

Lt. Col. Fred P. Taylor was selected as one of four Army lawyers to

1987

Althea Buafo was recently inducted into the American College of Trial Lawyers. Buafo has managed her Macon law firm for several years.

Christine E. Lamia was appointed chair of the Litigation Practice Group at Bryant, Miller & Olive.

James R. Rollins Jr. was named a Georgia Super Lawyer 2009. Georgia’s

Victoria S. Darrisaw recently became a magistrate judge in Dough-

Joseph R. Neal Jr. passed the South Carolina Bar Examination in July 2008 and was admitted to practice before the South Carolina Supreme Court on Nov. 17, 2008. Neal is the principal and founder of Neal Law Office.

1994

The Honorable Judge Sara L. Doyle was elected to the Georgia

top lawyers are chosen by their peers and through the independent research of Law & Politics magazine. The top five percent of Georgia attorneys are chosen as Super Lawyers. Atlanta magazine and Georgia Super Lawyers publish the list annually in March.

Court of Appeals in December 2008 and she was initiated into the Mercer Law School’s Fish chapter of Phi Alpha Delta in April 2009.

On May 31, 2007, Doyle and her husband, James Russell Doyle, ’94, announced the birth of their daughter, Mary Donovan.

Kathryn M. Schrader was appointed by Georgia Gov. Sonny Perdue to

Roland Hall recently authored a book titled Law of the Cooperatives.

the Governor’s Office for Children and Families Advisory Board. Schrader has her own practice and is cofounder of a mediation and arbitration firm, Resolution Matters.

Lynne Moore Nelson announced her marriage to James Eric Nelson

Ray S. Smith III was appointed by Georgia Gov. Sonny Perdue to the

1996

Judicial Nominating Commission.

Brian T. Wilson was reappointed to the statewide Federal Judicial Nominating Commission. Wilson is a partner at the law firm of Dellecker, Wilson, King, McKenna & Ruffier, LLP, in Florida. He was first appointed to the commission in October 2005 by U.S. Senator Mel Martinez. The commission provides recommendations for potential nominees to the Florida Federal District Courts.

on Oct. 3, 2008.

Christian Hardigree is an assistant to the president and chief of staff at the University of Nevada, Las Vegas.

Denise McCurry is the vice president for legal and risk management matters at the MGM/Mirage in Las Vegas, Nev.

Mark E. Powell was named among the nation’s top estate planning

attorneys by Worth magazine. Powell is a partner at Albrecht in Irvine, Calif.

1989

Michael T. Hurd took office as a Commonwealth of Virginia attorney in January 2008, serving as president of Middle Peninsula Bar Association 2006-2008. Hurd and his wife, Beth, announced the birth of their son, Carter Hurd, in December 2007.

1991

Adam S. Poppell III was appointed by Georgia Gov. Sonny Perdue to the Governor’s Office for Children and Families Advisory Board.

1992

Margaret “Meg” Heap recently joined Georgia’s Chatham County District Attorney’s Office as the chief assistant district attorney. In this position, she oversees prosecutors in Chatham County Superior Court felony cases including murder, armed robbery and burglary.

Class of 1974 Reunion L to R, (front to back) Richard Epps, Cliff Ables, Chip Barron, Ray Kelley, Rick Palmer, Bill Boyd, Ben Mitcham, Greg Leonard, Randy Aderhold, Charlie Newberry, Horace McSwain, Lamar Sizemore, Allen Wallace, Ty Butler, Bill Doll, Walter Matthews, Reg Bellury, Steve Cotter, Tom Mathews, Professor Joe Claxton, Louis Sands

Mercer Lawyer | Summer 2009

47

alumni news

Class Notes

Class of 1989 Reunion

L to R (front row) Lisa Carlton, Karen Valente, Ellen Golden, Lisa Ritchey Craig (second row) John McCaffery, Jerri Collins, Nancy Mau (third row) Rob Robinson (4th row) Paul Mason, Marc Hardesty (5th row) Everett Gee, Phil Valente (6th row) Chris Clark

1997

Maria Mateo Odom was awarded the Georgia Hispanic Business “Woman of the Year” by the Georgia Hispanic Chamber of Commerce.

Elizabeth M. Wheeler and her husband, Bobby, announced the birth of their son, Ethan Samuel Wheeler, on April 3, 2008.

1999

Veronica Brinson was selected by the State Bar of Georgia–Women & Minorities in the Profession Committee to receive the Commitment to Equality Award on Jan. 7 at the State Bar of Georgia’s headquarters in Atlanta. She was formerly municipal court judge with the City of Macon and now owns her own practice.

Thomas W. Huyck was made a partner in the law firm of James, Bates, Pope & Spivey, LLP in Macon.

Amy Woo Weber and husband, Mike, announced the birth of their

2003

Angela Villanueva Miller joined Lowndes, Drosdick, Doster, Kantor & Reed, the largest law firm in central Florida.

2004

Charles A. Dorminy received an LL.M. in health law from the University of Houston in May 2007.

2005

Andrew Boyd Bowman was wed to Sarah Marks Bowman ’07

second daughter, Ella Jeanne, Jan. 11, 2008.

on Nov. 15, 2008, in Augusta, Ga. The couple honeymooned in Puerto Morelos, Mexico. They live in Charlotte, N.C.

2000

Matthew Eric Purcell and Jennifer Erin Wright were married on

Erick W. Erickson was elected to the Macon City Council in Nov. 2007 for a four-year term. Erickson was designated editor of RedState. com and listed as the 69th most influential conservative in America by the London Telegraph. He was profiled in the Nov. 24, 2008, edition of Newsweek magazine as one of the new voices among American conservatives.

Jay Ferguson was recently named partner in the Employment & Immigration Practice Group at Duane Morris LLP. Ferguson practices in the area of commercial litigation, with a particular emphasis on employment litigation.

Jessica Okon Fette and her husband, Daniel Fette, announced the birth of their daughter, Emilia Marie Fette, on June 18, 2008. The family resides in Benton Harbor, Mich.

Luanne Bryant Smith and Christopher D. Hall, ’02, recently opened, Smith & Hall, LLP, in Valdosta, Ga., where they specialize in civil litigation, domestic relations and real estate.

Oct. 3, 2008, at Wolf Mountain Vineyards in Dahlonega. The couple resides in Cartersville, Ga.

2006

Tera A. Edwards and her husband, John Daniel Edwards, announced the birth of their daughter, Abigail Ophelia Edwards, on Dec. 27, 2007.

2007

Kathryn Elmore Thomson and Russell Ryan Thomson ’05, were married June 14, 2008, at Bethesda United Methodist Church in Salisbury, Md.

2008

John C. Fleming and Dallas J. Roper have joined the team of Reynolds, Horne & Survant.

2001

Jody Varnadore La and her husband, Kirk La, adopted a son, Payton Spencer La, in December 2007.

2002

George S. Greer was selected as a Rising Star by Super Lawyers of Georgia. Greer is an attorney at James, Bates, Pope & Spivey.

Class of 2004 Reunion

48

Mercer Lawyer | Summer 2009

calendar august 2009

10–11 Minority Orientation

february 2010

11–14 First-Year Orientation 13–14 The Law Review Orientation

12 Legal Writing Certificate Program 10th Anniversary Reunion

september 2009

19 3rd Annual Ethos Awards for Public Service

26 Continuing Legal Education

14-25 Brazilian Intercultural

Seminar: Georgia Trial Lawyers Association

Judicial Education Program

18 Continuing Legal Education Seminar: Agriculture Law

25 Continuing Legal Education

m ay 2010

Seminar: Georgia Law of Torts

o c to b e r 2 0 09 de ce mber 2 009

9 Continuing Legal Education Seminar: Mental Health Issues and Criminal Law

4 Continuing Legal Education

1 2010 Commencement 10 a.m., University Center

j une 2010

Seminar: Professionalism and Ethics Update

november 2 0 09

6 Law Review Symposium, Titled “The Legal Writing Institute: Celebrating 25 Years of Teaching and Scholarship” 13 Continuing Legal Education Seminar: Issues in Domestic Relations Law

11 Continuing Legal Education Seminar: Tax Law Update

january 2 010

22 Law Preview Day

13–26 National Criminal Defense

College

j uly 2010

18–31 National Criminal Defense

College

Mercer Lawyer | Summer 2009

49

in memoriam

1940s

1960s

1980s

The Honorable Griffin B. Bell, ’48, died Jan. 5, 2009 (See p. 24)

John C. Cork, ’66, died Feb. 25, 2008

Thomas A. Ellis, ’82, died Sept. 25, 2008

Warner S. Olds, ’67, died March 6, 2008

Charles P. Taylor, ’83, died June 15, 2008

Thomas C. Sanders, died Oct. 31, 2008

Tammy L. Bowen, ’84, died June 10, 2008

L. Thomas McLane, ’48, died Feb. 26, 2008 The Honorable C. Cloud Morgan, ’48, retired Superior Court judge in Macon and former city attorney, died March 16, 2009.

He was 92. Morgan entered law school at Mercer in 1941 but enlisted in the Naval Reserve following the attack on Pearl Harbor.

He returned to Macon after the war and graduated cum laude from Mercer Law School in 1948 and became Macon city attorney in 1953. In 1966, he was elected as Superior Court Judge of the Macon Judicial District, where he served until retiring in 1990.

1950s Robert E. Lanyon, ’50, died Jan. 7, 2009 Walter E. Leggett, ’51, died March 6, 2008 The Honorable James B. O’Connor, ’51, died April 29, 2009 The Honorable Howell C. Raven, ’51, died April 2, 2008 Eugene L. Heinrich, ’56, died March 16, 2009 John J. Holley, ’59, died Jan. 5, 2009

50

Mercer Lawyer | Summer 2009

1970s Susan St. John Steger, ’70, died at her Macon, Ga., home May 27, 2009. In 1974, Steger was influential in establishing the Women’s Crisis Center of Macon-Bibb County that provided services for female victims of rape. She served as president for several years.

James D. Carter Jr., ’86, died Sept. 10, 2008 Jacquelyn “Jacki” Davis Sanders, ’86, died April 21, 2009. Sanders was an attorney with Jones, Hilburn, Claxton & Sanders for several years before opening her own private law practice in Dublin, Ga. She previously served as Dublin’s city attorney.

S. Davis Laney, ’70, died Sept. 12, 2008

1990s

Henry M. Kellum, ’71, died Aug. 25, 2008

Leigh Lawson Reeves, ’91, died May 15, 2009

The Honorable Stephan L. Jackson, ’74, died Jan. 24, 2008

Karen M. Tanner, ’98, died Aug. 26, 2008

Milton M. Ferrell Jr., ’75, died Nov. 17, 2008 James K. Lange, ’76, died Feb. 26, 2008 W. Lee Burge, ’78 (honorary), died Sept. 3, 2008

j Editor’s note: Mercer Law School lost a friend and supporter when the Lord Gordon Slynn of Hadley passed away. Lord Slynn served with distinction as a member of the John E. James lecture committee for eight years and was responsible for engaging lecturers of high quality during this period. Because of the death of Lord Slynn, the John E. James lecture committee has decided it will not hold the lecture in the fall of 2009 and is exploring options for the future.

Lord Gordon Slynn (1930–2009)

The Lord Gordon Slynn of Hadley, the former Law Lord who died on April 7 at age 79, had earlier been Britain’s advocate-general at the European Court of Justice in Luxembourg from 1981 to 1988 and a judge of the court for four years after that.

A lawyer of uncommon intellectual ability, Slynn was renowned for his vast reserves of energy and his gregarious, willing nature – no cocktail party was trivial, no conference too dull – and these qualities combined to make a big impression at the ECJ. He was particularly influential in importing English common law principles of procedural fairness, and helped to establish the right to be heard of an individual or nation about which the court was taking a decision. Like all the Luxembourg judges, Slynn was a staunch pro-European, and would firmly remind the government, whenever a disagreeable European Community directive was questioned, that the supremacy of EC law over national law was “as plain as a pikestaff.”

Slynn was among those who supported calls for the incorporation of the European Convention of Human Rights into English law, and remarked in 1989 that he had become “appalled” at the number of British cases going to the Commission and Court of Human Rights at Strasbourg.

A tall, slim, good-looking man with a mass of hair which tended to go a bit wild when not held in check by a wig, Slynn was probably more widely known internationally than any British judge since Lord Denning, and he had a prodigious memory for other people’s faces and names.

Gordon Slynn was born on February 17, 1930, and educated at Sandbach School, Cheshire, Goldsmith’s College, London, and Trinity College, Cambridge, where as a senior scholar he took an M.A. and LL.M. and became president of the university law society.

Called to the Bar by Gray’s Inn in 1956, Slynn became Roger Parker’s pupil in HAP Fisher’s chambers at 1 Hare Court, was duly taken on and began practicing in heavy commercial work. His exceptional ability was soon noticed. In 1967 he was appointed junior counsel to the Ministry of Labor, and made an impressive showing in difficult employment tax cases in the Divisional Court. His unaggressive assertiveness and sense of humor went down well with judges, and on several occasions he turned the court in cases which had been running strongly against him.

[This excerpt was reprinted from The (London) Telegraph newspaper.]

Mercer Lawyer | Summer 2009

51

Lawyer

honors Griffin boyet te bell 1918–2009

special tribute section inside P. 24

W a l t e r

F .

G e o r g e

S c h o o l

o f

L a w

M E R C E R

SU 09

NONPROFIT ORGANIZATION U.S. POSTAGE PAID MACON, GA PERMIT NO. 13

1021 Georgia Avenue | Macon, Georgia 31207 | www.law.mercer.edu