Advocate Magazine 2015

Vol. 49, 2015

Meet Dean Rutledge

INSIDE:

• Alumna confirmed as U.S. deputy attorney general • Law school receives $3.4 million from the Sanders estate • U.S. senator speaks on international trade • The post-postcolonial woman or child

ALUMNI/ALUMNAE EVENTS JOIN US FOR THE

25th Annual

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GRAB YOUR FAMILY AND FRIENDS!

SATURDAY, OCT. 17, 2015

HERT Y FIELD 2.5 hours before kickoff Ticket sales are offered beginning July 11 and will end Oct. 2, 2015, at 5:00 p.m.

TICKET SALES BEGIN JULY 11!

To learn more about the annual Law Dawg BBQ or to register to attend, please visit www.law.uga.edu/upcoming-alumni-events.

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From the dean …

Investing in Excellence at Georgia Law

I

t is an honor to serve as the 13th dean of your law school. This first semester of service has offered many occasions to connect with you. Keith Mason (J.D.’85) kicked things off with a lovely reception during the State Bar Midyear Meeting. Recently, at our graduation ceremony, President Jere Morehead (J.D.’80) personally conferred degrees on the Class of 2015, and the Honorable Steve Jones (J.D.’85) from the U.S. District Court for the Northern District of Georgia delivered an inspiring address about a lawyer’s obligation to serve.

I’ve been crisscrossing the country, listening to your ideas and developing a strategy for continuing the tradition of excellence at Georgia Law. To do so, we must provide first-rate legal training and produce world-class scholarship, in service to state and nation, all at a good value.

First-Rate Legal Training: Our students will continue to develop the tools necessary to serve the changing demands of the job market. New courses aiding this effort include: Compliance, Internal Investigations, Document Drafting and Advanced Legal Writing for Judicial Clerks, among others. This spring we began a comprehensive re-examination of our writing curriculum and inaugurated two new writing prizes in order to build writing skills in our rising second-year students under the close supervision of faculty members.

Our new “Georgia Law in Atlanta” semester will enable students to take classes in Atlanta while working in externships, thus enhancing their employment opportunities. Georgia Law students have seen success with this model in our Washington, D.C., Semester in Practice Program. I am excited to see the results in our own state.

World-Class Scholarship: Our faculty, among the most talented in the country, shape policy discussions on state, national and international platforms. In February, professors participated in the Working in the Public Interest Conference where Attorney General Sam Olens spoke about his efforts to combat sex trafficking. In March, Associate Dean for Faculty Development Usha Rodrigues and Professor Mehrsa Baradaran assisted the Georgia Law Review in hosting a nationally recognized symposium, featuring the president of the Federal Reserve Bank of Atlanta, Dennis Lockhart, and U.S. Securities and Exchange Commissioner Luis Aguilar (J.D.’79). In May, Professor Elizabeth Chamblee Burch received the Young Scholars Medal from the American Law Institute – the nation’s highest honor for law professors. Next spring, under the leadership of Professor Harlan Cohen and the new Associate Dean for International Programs and Strategic Initiatives, Woodruff Chair Diane Marie Amann, the Georgia Journal of International and Comparative Law will host an expert conference with the International Committee of the Red Cross in order to inaugurate and evaluate the ICRC’s new Commentaries on the Geneva Conventions – the first such update in over a century.

Service to State and Nation: Service is a top priority for the law school. Under the leadership of the new Associate Dean for Clinical Programs and Experiential Learning, Erica Hashimoto, our programs help to fulfill the university’s mission as a land-grant and sea-grant institution. For example, the Appellate Litigation Clinic recently scored several major victories on behalf of clients in cases before the federal appellate courts in fields such as criminal law, immigration law and www.law.uga.edu

franchise law. Additionally, the school’s newly created Community Health Law Partnership Clinic, under the guidance of Professor Jason Cade, helped to address the unmet legal needs of Georgia’s most vulnerable citizens.

Our alumni and alumnae reflect this strong tradition of service. The recent confirmation of Sally Quillian Yates (J.D.’86) as deputy attorney general serves as a reminder that those educated here rank among the nation’s leading legal policymakers. Class Notes details the other amazing achievements of your fellow alums.

The judiciary plays an especially important role in this tradition. In January, Georgia’s Superior Court judges joined us at a reception hosted by the outgoing Law School Association President, Jen Jordan (J.D.’01).

This spring, the Honorable Leigh Martin May (J.D.’98) and R. Stan Baker (J.D.’05) joined the ranks of alums on the federal bench. In May, I visited with the justices of the Georgia Supreme Court to discuss how the law school and the state judiciary can partner more closely. This fall, recent graduates from the law school will fan out across the state and country to serve as law clerks.

At a Good Value: The law school is near the top in rankings among state law schools nationwide, while at the same time its tuition is low compared to many peer schools. However, as law school applications have plummeted nationally to levels not seen since the 1970s, competition to recruit an academically talented and diverse class is fiercer than ever. Many law schools have responded to these trends by “discounting” their tuition by 50 percent or more. It is not unusual to hear about private schools guaranteeing to “match Georgia’s offer.”

The law school as a state institution cannot make such offers, and we do not want to. Instead, the scholarships that we offer – and will continue to offer – are authentic ones. True private support, from actual donors, stands behind every dollar of aid, including the recent gift from the late Governor Carl Sanders (J.D.’48), which will begin to provide $80,000 in scholarship support starting in 2016.

To remain competitive and to continue on the path toward excellence, we must build on Governor Sanders’ legacy. To begin, let’s double the annual fund in a single year. To do so, a small group of anonymous donors has created a $500,000 fund that will match all new or increased contributions to the Annual Fund during the 2015–16 year. Be sure to read more about this important and exciting initiative in Anne Moser’s column (page 44). Every dollar raised will support these authentic scholarships, and achieving this goal will underwrite over 30 new halfscholarships, or 60 new quarter-scholarships, for applicants in 2016.

A single letter can only convey so much information. For the latest updates, check the law school’s website and follow us on Twitter and Facebook. Be on the lookout for regional alumni/alumnae events in the coming year. Make plans to join us for Homecoming on October 17, 2015, and our 2nd Annual Alumni/Alumnae Weekend on March 18–19, 2016. This is your law school, and together we will continue to invest in its excellence.

Sincerely,

Peter B. “Bo” Rutledge Dean and Herman E. Talmadge Chair of Law Advocate 2015

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Introducing Dean Bo Rutledge

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Associate Dean & Meigs Professor Hashimoto

The post-postcolonial woman or child 7

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www.law.uga.edu www.law.uga.edu www.law.uga.edu

The University of Georgia Foundation is registered to solicit in every state and provides state specific registration information at www.ugafoundation.org/charity.

Associate Dean for International Programs and Strategic Initiatives Diane Marie Amann examines who is the post-postcolonial woman or child and how international law should protect and empower her.

It’s time for postal banking

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Associate Professor Mehrsa Baradaran explores the possibility of the U.S. Postal Service offering banking services to the unbanked population.

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Is a tech audit in your future?

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Information Technology Librarian Jason Tubinis explains how the Legal Tech Audit can give lawyers a competitive boost.

Follow us on Twitter @UGASchoolofLaw

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Connect with Admissions on Facebook www.facebook.com/UGALawSchool

contents 20

Burch receives one of the legal academy’s highest honors

Justice Thomas teaches at Georgia Law

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/BQPMJUBOP NBLFT B DBTF for public service 27 Janet Napolitano, University of California System president and former U.S. secretary for the Department of Homeland Security, presented “Anatomy of a Legal Decision� as Georgia Law’s 112th Sibley Lecturer.

Commencement )JSTDI )BMM )JHIMJHIUT

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Faculty Accomplishments

Key events and institutional briefs.

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Top news from Georgia Law.

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#

Promote your law school by using #GeorgiaLaw

Keynote presentations at the spring conference “Financial Regulation: Reections and Projectionsâ€? were delivered by Dennis Lockhart, the president and CEO of the Federal Reserve Bank of Atlanta, and Luis Aguilar (J.D.’79), a commissioner with the U.S. Securities and Exchange Commission.

ICC Prosecutor Fatou Bensouda spoke at a Georgia Law conference titled “Children and International Criminal Justice� in the fall.

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Student activities, accomplishments and proďŹ les.

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Alumni/Alumnae news, events and proďŹ les.

Announcing the Challenge Fund

International Criminal Court prosecutor speaks on crimess against children in times of conflict 25

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The latest on faculty scholarship and achievements.

44

The law school establishes a Challenge Fund that will match, dollar for dollar, all new and increased gifts to the Law School Fund.

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www.law.uga.edu

Bo Rutledge

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0O +BOVBSZ (FPSHJB -BX XFMDPNFE JUT UI EFBO o Peter B. “Bo” Rutledge. As is customary, whenever there is a new leader of the law school, the editor of the Advocate will sit down with the dean to provide readers some insight as to where he or she plans to direct the school, the challenges he or she will face and the opportunities that lie ahead. )PX JNQPSUBOU JT UIF MBX TDIPPM T SPMF XJUIJO UIF PWFSBMM VOJWFSTJUZ )PX EPFT JU DPOUSJCVUF The law school is an important partner to the university’s mission. It helps to train some of the state’s future leaders. Its scholarship helps advance the university’s research goals and, at times, can build bridges with other units on campus.

In your communications thus far, you have emphasized the school’s need to provide firstrate legal training and produce world-class scholarship in service to both our state and nation. Can you elaborate on this statement?

These are some of the pillars that make our law school special. First-rate legal training comes in forms such as the law school’s clinics and its nationally renowned advocacy programs.

World-class scholarship comes from our professors whose work helps inform decisions by judges and policymakers. And service is a quality built into many of our students when they are here and manifested when they go on to serve as judges, lawmakers, civil servants or in other public service capacities.

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Advocate 2015

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To be a good return on investment for students. Recall that students applying to law school already have had an undergraduate experience. So, by applying, they are committing themselves to additional years of schooling and a profession. Law schools constantly need to be sure that they are providing programs designed to help students achieve their professional goals.

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It is a community where professors get to know their students and many alumni and alumnae feel a close connection to the place even after they graduate.

)PX IBT CFJOH EFBO CFFO EJòFSFOU UIBO XIBU ZPV BOUJDJQBUFE There are always surprises. What’s been most heartening has been to see the sense of loyalty among the law school’s alumni and alumnae base.

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I vacillated between being a lawyer (especially after reading To Kill a Mockingbird) and a professor (near the end of my years in college). Eventually, I learned there was a vocation out there that allowed me to combine both passions.

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My wife – she is the best teacher I know and a pillar in our relationship.

8IBU BEWJDF EP ZPV IBWF GPS DVSSFOU MBX TUVEFOUT Use your resources. Approach your professional training proactively. Some of you may have a plan upon entering law school – invest your time in pursuit of that plan. Others may not. I was that way. In that case, be sure to seek out advice and guidance from faculty, alums and others who can help you make the most of your time here.

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The people are unfailingly friendly.

Collaborative. I try to meet with the various units within the school to formulate goals and to discuss how to realize them. We have a tremendous team here, and they are an important part of the process of developing those goals.

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Spending time with my family – whether reading with them, playing board games or a quick pick-up sport in the backyard.

I was once hypnotized in front of a crowd at a state fair and made to believe I was Miss Piggy from “The Muppets.�

If you could travel back in time and give the younger you one piece of advice, what would it be?

Never pass up an opportunity to learn.

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www.law.uga.edu

Advocate 2015

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Rutledge Highlights

Rutledge led a class outdoors on Herty Field during the fall of 2011.

PROFESSIONAL EXPERIENCE

PUBLICATIONS

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Author of Arbitration and the Constitution and co-author of International Civil Litigation in United States Courts, and author of more than 10 book chapters and more than 25 articles in a diverse array of journals such as The University of Chicago Law Review, the Vanderbilt Law Review and the Journal of International Arbitration.

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COURSES TAUGHT AT GEORGIA LAW

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At the 1L Weekend Reception held in February, Rutledge listened intently to an attendee.

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EDUCATION

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Advocate 2015

www.law.uga.edu

The Post-Postcolonial Woman or Child

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By Diane Marie Amann, the associate dean for international programs and strategic initiatives and the IPMEFS PG UIF 8PPESVò $IBJS JO *OUFSOBUJPOBM -BX BU UIF MBX TDIPPM 4IF JT BMTP UIF TQFDJBM BEWJTFS UP the International Criminal Court prosecutor on children in and BòFDUFE CZ BSNFE DPOøJDU 5IJT FTTBZ is written in her personal capacity.

et the child be excused by his age, the woman by her sex,’ says Seneca in the treatise in which he vents his anger upon anger.� So wrote Hugo Grotius in his 1625 masterwork titled The Law of War and Peace. With that quotation, Grotius traced to the writings of an ancient Roman philosopher the injunction against harming women and children in time of war.

Grotius’ reiteration of Seneca’s words tacitly admitted that as late as 1625, armies still were violating the injunction. Sadly, the same is true 390 years later. Today, neither women nor children are excused from wartime assaults, violence and upheaval.

In Syria alone, four years of conict have left well over 220,000 persons dead, and many more in dire need. Women and children are included in those statistics; indeed, of the 12.5 million Syrians now requiring humanitarian assistance, 5.6 million are children.

Conicts elsewhere generate similarly grim numbers.

Author’s Note: This essay is based on the text of the talk I gave as the Distinguished Discussant for the 16th Annual Grotius Lecture delivered on April 9, 2014, in Washington, D.C., at the joint meeting of the American Society of International Law and the International Law Association. Delivering the principal lecture was Radhika Coomaraswamy, then a Global Professor of Law at the New York University School of Law and formerly the special representative of the U.N. secretary-general on children & armed conict and the U.N. special rapporteur on violence against women. Her lecture and my response are reprinted in volume 30 of the American University International Law Review (2015), pp. 1–52, and also will appear in a forthcoming volume of ASIL Proceedings.

www.law.uga.edu

Advocate 2015

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Legal discussions of such crises frequently turn on the Such interrelations of subjugation and independence, of discourse of human rights, according to which every person isolation and cooperation, of the internal and the international, enjoys upon birth certain fundamental rights, and the violation pervade our world. Relationships of this sort may be found of those rights demands a remedy. The discourse is deservedly a to some degree in and among all member states of the United cornerstone of post-World War II legal thinking.

Nations. They pertain as well to nonmember entities, such as But the current human rights regime incurs criticism, as Taiwan, Kosovo and Palestine.

Radhika Coomaraswamy pointed out in the talk that gave rise It is in our efforts to restitch the remnants of colonization – to this essay. I will examine some reasons for that criticism and maybe, in places like Crimea, to confront a new colonial with the aim of imagining a possible future – that of the postpatchwork – that we, the members of the global community, postcolonial child. are revealed as postcolonials.

Coomaraswamy, a Sri Lankan lawyer who has served as a This is especially the case with regard to international law.

U.N. under-secretary-general, referred in particular to certain International law is said to have forefathers: a few Spanish postcolonial scholars from the global south. These scholars, priests and the luminary quoted at the outset of this essay, she said, “reject the human rights framework as part of the Grotius. The periods of colonization in which these men lived ‘liberal’ ‘imperialist’ project especially when it comes to shaped their writings; in turn, their writings shaped, even cultural practices,” and they further “reject the dominance of justified, the colonial project. the European Enlightenment and the sacredness of the power Grotius was, among many other things, a lawyer for the of reason.”

Dutch East India Company. His position in the colonial era is My own response to such rejections might raise hackles evident in his espousal of jus praedae, the law of prize. It also among some of those scholars, for it begins with surfaces in his acceptance of slavery as a fact of the this claim: We are all postcolonials now. law of nations – albeit a fact “contrary to nature,” a Legal discussions By way of example, both of my own countries practice that better nations would do well to avoid. ... frequently turn of citizenship are postcolonial states.

Our own international legal system operates in on the discourse of reaction to that colonial era. In the last half-century the One is Ireland. This is the eighth decade since the adoption of the Irish Constitution, norm of sovereign equality empowered new states as human rights ... a postcolonial charter from which India later they emerged out of eroded empires. This dispersion of borrowed. Yet as demonstrated by the first-ever authority is apparent in one member-one vote bodies visit to England by an Irish President – in 2014 – remnants of like the U.N. General Assembly. eight centuries of colonization still litter both islands.

Yet significant power still resides exclusively in certain states; My other country is, of course, the United States. Here, most notably, the U.N. Security Council’s five permanent the structure of government rests upon the postcolonial members. Each of those so-called P-5 members has, at various intuitions of the men who wrote its Constitution. Having times, shown an imperialist streak. Vestiges of colonialism won a revolution, these framers professed to borrow the best remain hallmarks of our postcolonial epoch. and to reject the worst from their colonial past. The choices We are thus in need of post-postcolonialism. To paraphrase they made two hundred years ago – admirable choices like the Can the Subaltern Speak?, an oft-quoted 1988 writing by checking of power and shameful ones like slavery – influence Columbia Literature Professor Gayatri Spivak: Not only must U.S. policy to this day. the subaltern be permitted to speak, but when she does, others To this day, moreover, Americans see themselves as having must listen, must admit her as an equal to their ongoing repulsed foreign tyranny and invented a superior form of conversation, and must, eventually, adjust their behavior to sovereignty. The American identity thus remains postcolonial accommodate her place in their world.

– also, perhaps, preimperial. This self-perception contributes Tulane Law Professor Adeno Addis aptly has labeled this to seemingly contradictory impulses that have coexisted for process “dialogic pluralism.”1 much of American history; to be specific, the U.S. affinity for intervention overseas and the U.S. aversion to scrutiny from abroad.

1 Adeno Addis, Individualism, Communitarianism, and the Rights of Ethnic Minorities, 67 Notre Dame L. Rev. 615 (1992).

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www.law.uga.edu

“Menwomenandchildren” is not a single word; discrete attention must be paid to the many different hues of human experience. Victimization may be an aspect of that experience, but it is not the only one.

Efforts toward this end may be found in the 1989 Convention on the Rights of the Child and the 1979 Convention on the Elimination of All Forms of Discrimination against Women. Each of these treaties enjoys wide membership among the countries of the world (the United States, however, belongs to neither). Each includes provisions aimed at increasing participation by, and breaking down stereotypes about, women or children.

Nevertheless, the influence even of adult women remains circumscribed. As theorists like Collège de France Professor Mireille Delmas-Marty have stressed, moreover, the process of pluralistic dialogue must alter the structures of social and economic inequality within which the seeds of armed violence germinate.2 What did Grotius, our putative forefather of international law, have to say about women and children? His historical account afforded little relief for either. “[I]ncluded in the law of war,” he stated, was a “right to inflict injury” that extended to “the slaughter even of infants and of women ... with impunity.”

Yet his very mention of women and children hinted at a preferred rule, one that he soon made explicit. “Children should always be spared,” Grotius wrote, and so too most women. Among his most plaintive examples in support of this injunction is this quotation of another ancient Roman, Lucan: “‘For what crime could little ones have deserved death?’”

Grotius typically portrayed women, no less than children, as “innocents” who should be exempted from the ravages of war. Notably, he included within this exemption a ban on sexual assault. Grotius acknowledged that “many” writers had maintained “that the raping of women in time of war is permissible.” He disagreed: A better conclusion has been reached by others, who have taken into consideration not only the injury but the unrestrained lust of the act; also, the fact that such acts do not contribute to safety

or to punishment, and should consequently not go unpunished in war any more than in peace.

That conclusion was “the law not of all nations, but of the better ones,” Grotius wrote. He then insisted that among “Christians” this view “shall be enforced, not only as a part of military discipline, but also as a part of the law of nations; that is, whoever forcibly violates chastity, even in war, should everywhere be subject to punishment.”

The quoted passages depict women and children as bystanders, beings not fully conscious of the world around them – not actors, but rather objects, in the tableau of the battlefield.

They are to be protected, rescued even, in service of the actors’ notions of honor. A social scientist would say they have no agency. They are, first and last, victims.

The depiction rings familiar almost four centuries later. Law professors like Mark Drumbl of Washington and Lee University, Fionnuala Ní Aoláin of the universities of Minnesota and of Ulster, and Dianne Otto of the University of Melbourne are just a few of the many scholars demonstrating that the discourse of victimhood continues both to motivate and to justify global action on behalf of persons perceived as victims.3 Here too, then, remnants of a colonialist power dynamic persist in what is supposed to be a postcolonial era.

What is to be done? Makers of post-postcolonial international law should aspire to deploy the tools of motivation and action in a way that avoids reviving outdated notions of societal honor, and instead honors the actual humans who endure violence amid war.

“Menwomenandchildren” is not a single word; discrete attention must be paid to the many different hues of human experience. Victimization may be an aspect of that experience, but it is not the only one.

Consider this sentence from the story of someone who survived World War II: “Children, even relatively young children, learn to be cunning or street-smart when

2 Mireille Delmas-Marty, Global Law: A Triple Challenge (Naomi Norberg trans. 2003).

3 Mark Drumbl, Reimagining Child Soldiers in International Law and Policy (2012); Fionnuala Ní Aoláin, Situating Women in Counterterrorism Discourses: Undulating Masculinities and Luminal Femininities, 93 B.U. L. Rev. 1085 (2013); Dianne Otto, Power and Danger: Feminist Engagement with International Law through the UN Security Council, Australian Feminist L.J. 97 (2010).

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So where does this leave us? If not victim, who is our postpostcolonial child or woman, and how should international law both protect and empower her?

circumstances demand, and they are fast learners when they have to be in order to live another day.” The author of this passage, occurring in a 2009 book titled A Lucky Child: A Memoir of Surviving Auschwitz as a Young Boy, is George Washington University Law Professor Thomas Buergenthal, whose career has included service as a judge on the International Court of Justice.

Another backward glance reveals glimpses of Buergenthal’s insight in Grotius’ time, and not only because Grotius himself began the practice of law at the ripe old age of 17. Was there, in that time, any foremother of international law?

In his introduction to a 1925 reissue of Grotius’ work, an early president of the American Society of International Law, James Brown Scott, praised “that noble woman who preserved him” – that is, Grotius – “for us and for international law.”

That woman was Grotius’ wife, Maria de Groot.

When Dutch authorities detained the couple as political dissidents, she and a maidservant stuffed Grotius in a trunk and smuggled him to France. There he completed The Law of War and Peace. As long ago as the 17th century, Maria and her maid flouted the stereotype of passive womanhood.

The same is surely true of two other women of that era.

One is the Spanish queen who commissioned the voyage of Columbus; the other, the queen who waged war in England’s first colony and built a global navy whose power encroached upon the Grotian tenet of mare liberum, freedom of the seas.

These two monarchs contributed mightily to colonialism, the practice that Grotius and the Spanish priests theorized.

If Grotius is a forefather, therefore, Isabella and Elizabeth are foremothers of international law. Perhaps it is in recognition of their ruthless reigns that Grotius stopped short of advocating a blanket exemption for women. To the contrary, he maintained that wartime violence could be wreaked against women who “have committed a crime which ought to be punished in a special manner” – women who “take the place of men.”

This and other Grotian references to punishment direct me to a final consideration, accountability.

On this, Coomaraswamy’s talk was rather more sanguine than am I. She cited with optimism developments aimed at improving

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the lot of women and of children – initiatives by nation-states and by the United Nations, as well as Security Council resolutions and International Criminal Court prosecutions.

A pessimist, however, would be pained to point out that the Security Council’s Working Group on Children and Armed Conflict seldom has acted on a years-old proposal to sanction persistent perpetrators of grave violations like recruiting or using child soldiers.

And although the ICC broke ground by convicting a militia leader of those very war crimes, it also must be noted that two subsequent verdicts acquitted other leaders of similar charges, despite judges’ findings that child soldiers were everywhere during the conflict under review. What is more, not one ICC verdict yet has resulted in conviction on charges of sexual violence.

Considered in light of developments at the Security Council, legal technicalities that explain the ICC verdicts ought to be put to one side in order to examine the possibility that the international community may have entered a new era of soft (some would say no) accountability.

So where does this leave us? If not victim, who is our postpostcolonial child or woman, and how should international law both protect and empower her?

Initially, we must accept that she may not be a she. This is an insight gaining currency in the last couple years, as global actors start to address sexual violence and other wartime harms done to boys and, yes, even to adult men.

Furthermore, there is much to be gleaned from the recent scholarship of Emory Law Professor Martha Albertson Fineman.4 That scholarship posits that what warrants protection is not sex, not age, but vulnerability. It thus refocuses analysis away from a singular identity as “man” or “woman” or “child” and toward the varied ways that all persons, on account of some traits but not others, at some periods in their lives but not others, may be vulnerable.

It is to those moments of vulnerability that Fineman would direct the making and implementation of law. Her focus brings into view an image that transcends both colonial and postcolonial assumptions of societal strata and personal predilections. It thus bears promise for the envisaging of a postpostcolonial future.

Who knows? Maybe a global culture cognizant that everyone at times is weak will prove less eager to initiate armed violence, less apt to tolerate the violence done by structural inequalities and more willing to construct a just and enduring peace.

4 E.g., Martha Albertson Fineman, The Vulnerable Subject and the Responsive State, 60 Emory L.J. 251 (2010–2011).

www.law.uga.edu

IT’S TIME FOR

POSTAL BANKING The USPS should help extend banking services to the unbanked population.

BY ASSOCIATE PROFESSOR MEHRSA BARADARAN

O

ne of the biggest problems in banking today is the large and ever-increasing population of the unbanked – those who are not gaining the benefits of the regulated banking system and must rely on high-cost fringe lenders to do simple transactions like cash their paychecks. The Federal Deposit Insurance Corporation and the Consumer Financial Protection Bureau have listed this problem as a top agenda item.1 After decades of unsuccessful regulatory proposals, the solution may finally be at hand.

On January 27, 2014, the Office of the Inspector General of the U.S. Postal Service (USPS) released a white paper that proposed that the USPS consider offering financial services to the underbanked.2 Senator Elizabeth Warren has also publicly expressed support for the idea.3

The proposal was immediately criticized by the banking industry as “the worst idea since the Edsel.”4 The main stated concern is that the Post Office lacks the institutional capacity to provide financial services.5 But anticompetitive concerns – namely that a large, well-funded competitor will cut into banks’ business – likely play a role too, as they did in 2005 when Walmart attempted to obtain a banking charter.6 As I have written previously,7 and banking-industry concerns notwithstanding, the USPS is in a unique position to provide much-needed financial services for the large population of unbanked or underbanked Americans.8 First, the Post Office can offer credit at lower rates than fringe lenders by taking advantage of economies of scale as well as its position in the federal bureaucracy. Second, it already has branches in many low-income neighborhoods that have been long deserted by commercial banks. And third, people at every level of society, including the unbanked, have a level of familiarity and comfort with the

Editor’s Note: This piece was reprinted with permission from the Harvard Law Review Forum.

The article’s citation is 127 Harv. L. Rev. F. 165 (2014). Baradaran also has a book titled How the Other Half Banks by Harvard University Press that will be published this fall. www.law.uga.edu

Post Office that they do not have with more formal banking institutions.

This essay moves one step further by demonstrating why government support and even subsidies to enable postal banking in the United States are appropriate and justifiable.

First, banking-related subsidies are grounded in historical practice, as demonstrated by government support for credit unions, savings and loans, and student loan associations. Postal banking derives from these longstanding practices, but broadens the scope to include the poor, not just the middle class.

Further, state support of banking throughout U.S. history has operated much like a social contract: the state supports the banking system in a variety of ways and, in return, banks serve as credit intermediaries, providing the populace with access to loans and financial services. Thus, subsidies for banking have been justified because they provide a benefit to all citizens.

Mainstream banks have met part of their obligation, but a large portion of the population, namely the poor, has been left out. It is time, then, for the government itself to meet the demand for credit.

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I. How the Post OfďŹ ce Can Bank the Unbanked

38%

The unbanked and underbanked population in the United States is signiďŹ cant, with far-reaching consequences.

Approximately 88 million people in the United States, 38% of the population, are unbanked or underbanked.9 Indeed, nearly half of U.S. adults could not access $2000 within thirty days to respond to an emergency.10 To meet their short-term credit needs, these individuals and families must rely on payday lenders, check cashers, or other fringe banking institutions. These lenders are often usurious, sometimes predatory, and almost always much worse for lowincome individuals than the services offered by traditional banks to their customers.

For instance, the average annual income for an unbanked family is $25,500, and about 10% of that income, or $2412, goes to the fees and interest paid to access credit or other ďŹ nancial services – services that those with bank accounts often get for free.11 Cutting down these payments would help many avoid bankruptcy; those who ďŹ led for bankruptcy in 2012 were, on average, just $26 per month short of meeting their expenses.12 The Post OfďŹ ce can address this problem and lower these credit costs for the three reasons outlined below.

USPS white paper claims that the Post OfďŹ ce could offer a $375 loan with interest and fees totaling $48, as opposed to $520 for the average payday loan for that amount.14 This discount is possible because the Post OfďŹ ce is able to operate with less overhead than fringe lenders and because it can beneďŹ t from economies of scale. It could reduce costs by using its existing infrastructure and clientele.

In addition, its collection costs could be lower because it may be able to enlist the help of the IRS and other federal enforcement mechanisms that can easily garnish wages or tax returns.15 It can also offer smaller individual loans that yield smaller margins by doing so at a greater volume.

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B. PROXIMITY

There are economic justiďŹ cations for charging higher interest rates to those with lower incomes. The poor pay more for credit than the middle class because they are more likely to default and lenders must be compensated for assuming this risk. In other words, those least likely to be able to pay their debts are charged a premium for that inability.

But even assuming that the risk presented by low-income borrowers is accurately priced by fringe lenders (a proposition that the available data does not strongly support13), the Post OfďŹ ce can still provide these services at a lower price. In fact, the

Moreover, the Post OfďŹ ce is uniquely positioned to solve the problems of credit access for the poor because Post OfďŹ ces remain in the low-income neighborhoods that banks abandoned.

The banking industry underwent a signiďŹ cant transformation during the 1970s and 1980s as mainstream commercial banks faced increased competition from other ďŹ nancial institutions. This market pressure on traditional banks was a result of technological advances coupled with swift deregulation.16 Forced to compete, banks shed their less-proďŹ table products, namely small loans to lower income communities. The

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are unbanked or underbanked. poor may need banks, but the reverse is certainly not true.

Many mainstream banks hold the position that “[p]roviding ďŹ nancial services to the poor is fundamentally unproďŹ table.â€?17 Assuming the same risk of default, it costs a bank roughly the same amount of overhead and transactional costs to lend $1000 as it does $100,000, with the latter yielding a greater proďŹ t.

In pursuit of higher proďŹ t margins, banks closed branches in lower-income neighborhoods en masse. And once they did, the fringe lenders moved in.18 Thus, a signiďŹ cant barrier to banking the poor is the dearth of bank branches in lowincome areas.

Chartered banks are regulated by state and federal laws and therefore have usury limits, or interest rate caps, on the loans they can offer. Fringe lenders do not. Once the regulated banks left these communities, so did reasonable interest rates.

For decades, banking regulators and advocacy groups have been trying to lure mainstream banks back to these neighborhoods through legislation and agency action, using both carrots and sticks.19 These efforts have not succeeded and have faced signiďŹ cant industry opposition.

Post OfďŹ ces, on the other hand, have always been a part of nearly every zip code across the country. This fact, above others, makes postal banking a uniquely appealing idea. www.law.uga.edu

$ ̓'".*-*"3*5: "/% $0.'035 The third major advantage of postal banking is that Post OfďŹ ces provide a more welcoming atmosphere, overcoming many cultural barriers that lead the poor to avoid banks. Analyzing the demographics of the unbanked while controlling for income reveals that there are racial and cultural barriers that keep many people away from banking.

For example, more blacks and Hispanics are unbanked than whites, as are more women than men.20 Many of the unbanked report being more comfortable in fringe banking institutions than in banks.21 Payday lenders deal behind a facade of informality. They operate in cash, in the direct vicinity of their customers, and usually in their language. This business model seems to be in direct contrast to banks with their rigid hours, requirements, and procedures.

While the Post OfďŹ ce will not be able to overcome all of these barriers, its branches are more accessible places than commercial banks because of their presence in low-income neighborhoods and their informality. The Post OfďŹ ce is not an intimidating institution; the poor know its location and understand its processes.

For all the Post OfďŹ ce’s aws, rich and poor across the country are familiar with its locations and often even the postal employees behind the counter.22 To be sure, there are private institutions with similar capacities, but they are not likely to provide a solution anytime soon.

Walmart, for example, recently started offering simple ďŹ nancial services, such as check cashing and prepaid cards, at a discount to its customers.23 However, the retail giant, having been deďŹ nitively denied a banking charter, cannot offer credit – the most-needed ďŹ nancial product.

The postal system, in contrast, is well positioned to overcome most of the hurdles to banking the poor due to its ability to take advantage of economies of scale, its presence in poorer neighborhoods, and its long-standing relationship of trust with all of America’s communities. www.law.uga.edu

II. Why the U.S. Government Should Support Postal Banking The opposition to postal banking is likely to center on the idea that this service functions as an inappropriate federal subsidy to the poor. But any direct or indirect subsidy of banking access for the poor is supported both historically and theoretically.

" ̓)*4503*$"- 4611035 Postal banking is not unprecedented in the United States. In 1873, President Grant’s Postmaster General proposed a governmentsponsored savings program, modeled after one started in Britain.24 In 1910, President Taft responded to growing populist proposals to establish a government-backed savings system for recent immigrants and the poor.25 The Postal Savings System was created to enable the poor to save money with the assurance of a government guarantee that their deposits were protected.26 This program was created and geared to recent immigrants and the unbanked poor, and was wildly successful: at the end of the ďŹ rst year, there was a total of $20 million in deposits, “most of which had been coaxed out of hiding.â€?27 The director of postal savings, Carter Keene, declared in 1913 that the postal savings system was not meant to yield a proďŹ t: “Its aim is inďŹ nitely higher and more important. Its mission is to encourage thrift and economy among all classes of citizens. It stands for good citizenship and tends to diminish crime. It places savings facilities at the very doors of those living in remote sections, and it also affords opportunity for safeguarding the savings of thousands who have absolute conďŹ dence in the Government and will trust no other institution.â€?28 Throughout American history, there have been various state-supported attempts to meet the banking needs of the poor – both for depositary services and credit. Policymakers have largely recognized that access to ďŹ nancial services and credit

is a signiďŹ cant step toward individual economic advancement.29 Credit gives the poor the ability to absorb ďŹ nancial reversals, the means to start or expand a small business, and the capacity to build a ďŹ nancial cushion to withstand individual economic shocks.30 Several studies have demonstrated that when poor communities are provided access to credit and other banking services, they thrive economically.31 Studies also show that small-scale credit leads to increased income and savings among borrowers.32 The converse is also true: barriers to credit signiďŹ cantly hamper the economic development of poor communities and individuals.33 For most of this country’s history, the credit needs of the poor and middle class were met by banking institutions speciďŹ cally created and designed to appeal to them, such as credit unions, savings and loan associations, and the smaller Morris Banks.34 Credit unions were a populist innovation designed as cooperatives not only to provide access to credit, but also to provide federal insurance to protect investments.35 Savings and loan associations (S&Ls) were formally created in the 1930s to offer affordable mortgage loans to lower- and middle-class people.36 These institutions began as cooperatives with shared ownership, a structure that led to the forbearance of proďŹ t.37 In contrast, the little-known Morris Bank was a for-proďŹ t banking venture aimed at the “democratization of credit,â€? created to give the poor increased access to credit.38

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2 000

$ ,

WI TH I N 3 0 DAYS in order to respond to an emergency.

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Credit unions, S&Ls, and Morris Banks were alternatives to mainstream banks, but they were all supported and subsidized by the federal government through targeted regulation and deposit insurance protection.39 As described above, banking forms homogenized in the 1970s and 1980s, leaving little room for variation in institutional or regulatory design.40 Eventually, each of these institutions drifted from their initial mission of serving the poor and began to look more like commercial banks, even competing with them for ever-shrinking proďŹ t margins.

The result now is essentially two forms of banks: regulated mainstream banks that seek maximum proďŹ t for their shareholders by serving the needs of the wealthy and middle class, and unregulated fringe banks that seek maximum proďŹ ts for their shareholders by serving the banking and credit needs of the poor.

What is missing from the American banking landscape for the ďŹ rst time in almost a century is a government-sponsored bank whose main purpose is to meet the needs of the poor. Rather than relegating the poor to fringe banks, policymakers should carve out a place for banks that serve the poor and enable them to survive and thrive. This charge has deep historic roots in U.S. banking.

# ̓5)& /03."5*7& $"4& As I have written elsewhere, the state has always had a social contract with its banks, which at times has been explicit and at times implicit, but always with the same understanding: the state provides banks with public trust (through insurance and implicit bailouts) – trust that is necessary for their survival; in return, banks provide much-needed credit, savings, and ďŹ nancial intermediation services for individuals and institutions.41

Income disparity is greater in the 6OJUFE 4UBUFT UIBO FWFS CFGPSF

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Currently, a few large and powerful banks, who continue to beneďŹ t from trillions of dollars of federal government subsidies, control the majority of assets in the banking sector and also the majority of credit.42 And this credit is not reaching the poor.43 If the banking system is to be supported by the government, the entire citizenry should be able to access its services.

Insofar as a heavily subsidized banking sector is the status quo and that sector does not beneďŹ t the entire population, a government subsidy to lend to the poor simply provides another mechanism for reaching the same policy goals. And if the banks beneďŹ ting from subsidies are no longer taking up the task, the government should do so directly.

The federal government subsidizes other credit products to achieve important policy goals but, thus far, these programs have been primarily designed for the middle class.

The government sponsors and underwrites private student loans. A student borrower who qualiďŹ es for such a loan receives credit at a below-market interest rate and remains indebted to the government until the loan is paid off. The government supports such loans because they facilitate an important public objective – educating the population.

The government also creates and supports a secondary mortgage market to promote the policy goal of increased home ownership.44 Enabling the poor to escape poverty is no less important a public concern. Offering good credit to the poor would enable economic mobility, which has lagged signiďŹ cantly in the United States in recent years, and solve a variety of other public problems linked to entrenched poverty.

Given the recent debacles of federally funded institutions such as Fannie Mae and Freddie Mac,45 the federal government would have to be cautious in taking on risks associated with lending to the poor. However, these services do not entail the scope of risks

associated with home mortgages. Cashing a check for a small fee or offering a payday loan often involve much less risk.

After the recent global ďŹ nancial crisis, any call for easing credit of any kind is suspect because of the widespread, yet inaccurate, belief that the ďŹ nancial crisis was precipitated by an overabundance of consumer access to mortgage credit.46 Therefore, the case for increasing consumer access to credit is a politically difďŹ cult one to make.

However, the status quo is not sustainable as onerous interest rates make it much more difďŹ cult for individuals to escape poverty and growing income disparity has various negative economic effects.47 Bank credit not only allows the economy to grow wealth, but also allows individual families to do so. Any difference in credit access undermines the justiďŹ cations for state support of banks.

Insofar as economic mobility is a social good, and credit is a necessary tool for economic advancement, government policies should be aimed at enhancing access for all individuals and communities. Access to safe credit is crucial in allowing the poor to escape poverty.

$ ̓" $"4& '03 $"65*0/ One thing that could undermine postal banking would be inappropriate proďŹ t-seeking. Attempts to regulate the private market have demonstrated that institutions with an eye toward proďŹ t maximization have been unable or unwilling to meet the credit needs of the poor.48 In February 2008, the FDIC began the “Small-Dollar Loan Pilot Program,â€? a two-year campaign to enlist mainstream banks to lend to the poor.49 The project was described as “a case study designed to illustrate how banks can proďŹ tably offer affordable small-dollar loans as an alternative to high-cost credit products, such as payday loans and feebased overdraft protection.â€?50 The program, which enlisted twentyeight volunteer banks, was a failure. A congressional review committee noted that banks were charging the maximum rates www.law.uga.edu

allowed in the program – 36% APR and 20% charges on cashed checks, which were not much better than payday loans.51 The main reason this program failed is that mainstream banks do not have the incentive to sacrifice profits to meet the needs of the poor. They must survive and stay profitable in a competitive banking market, and when they offer low-cost loans to the poor, they lose their competitive position and hurt their bottom line.

Policymakers misunderstand the nature of mainstream banks if they are relying on them to adequately meet the needs of the poor.

At best, banks can be incentivized to meet the poor’s banking needs merely to appease regulators. The products the banks offer are not innovative fruits of market research about what the poor really need – the banks offer the bare minimum so that they can maintain profitability while fulfilling a regulatory mandate.52 Forcing banks, whose purpose is to maximize profits, to make loans to the poor will inevitably lead to inadequate loans and disgruntled bankers.

Credit unions, S&Ls, and Morris Banks, in contrast, were able to successfully reach the poor because doing so was their primary goal. And so it must be with the Post Office.

There is a troubling statement in the USPS white paper on this front. The paper states that providing these services “could result in major new revenue for the Postal Service.”53 This motive cannot be the driving force behind this endeavor or else, as the pilot program example proved, it is unlikely to reach the goal of offering the poor the credit that they need.

This is not to say that the venture will not be a major new revenue source for the USPS. And the competition provided by the government entering this sector could possibly drive prices down in the private fringe banking sector to more accurately reflect the risks of lending to the poor. www.law.uga.edu

III. Conclusion Income disparity is greater in the United States than ever before, and the banking industry is more heavily subsidized than at any point in U.S. history. The result should be an increase in credit to those who most need it.

Unfortunately, the reverse is happening – the poor have been excluded from the credit flowing from the subsidized banking sector. Any efforts at forcing that sector to provide credit to the poor have failed because they are institutionally designed to maximize profits and lending to the poor is not conducive to profit maximization.

It is time for the government to step in and solve this market mismatch. The USPS is far from the most efficient or successful government agency, but it may just be the perfect institution to accomplish the monumental undertaking of providing the credit the poor need to escape poverty.

END NOTES 1 See Advisory Committee on Economic Inclusion, Fed. Deposit Ins. Corp., www.fdic.gov/about/comein (last updated Feb. 14, 2014) (outlining the Committee’s ongoing initiatives to expand access to underserved populations); Kelly Thompson Cochran, Fall 2013 Rulemaking Agenda, Consumer Fin. Protection Bureau (Dec. 3, 2013), www.consumerfinance.gov/blog/ category/rulemaking/.

2 U.S. Postal Service, Providing Non-Bank Financial Services for the Underserved (2014), available at www.uspsoig.gov/sites/default/files/document-libraryfiles/2014/rarc-wp-14-007.pdf.

3 Sen. Elizabeth Warren, Coming to a Post Office Near You: Loans You Can Trust, Huffington Post (Feb. 1, 2014), www.huffingtonpost.com/elizabeth-warren/ coming-to-a-post-office-n_b_4709485.html.

4 Rachel Witkowski & Kevin Wack, Post Office Offering Loans Is ‘Worst Idea Since the Edsel’: Banks, Am. Banker (Jan. 27, 2014, 4:57 PM), www. americanbanker.com/issues/179_18/post-officeoffering-loans-is-worst-idea-since-the-edselbanks-1065231-1.html. The Edsel was a famous Ford marketing disaster.

5 Id.

6 Michael Barbaro, Bankers Oppose Wal-Mart as Rival, N.Y. Times (Oct. 15, 2005), www.nytimes. com/2005/10/15/business/15walmart.html.

7 Mehrsa Baradaran, How the Poor Got Cut Out of Banking, 62 Emory L.J. 483 (2013).

8 The term “unbanked” refers to individuals who have no formal relationship with a bank; the “underbanked” are individuals who may have a formal relationship with a mainstream bank, but primarily rely on fringe banking institutions for their banking or credit needs. See KPMG, Serving the Underserved Market 2–3 (2011), available at www.kpmg.com/US/en/ IssuesAndInsights/ArticlesPublications/Documents/ serving-underserved-market.pdf.

9 See id. at 1.

10 See An Examination of the Availability of Credit for Consumers: Hearing Before the Subcomm. on Fin. Insts. & Consumer Credit of the H. Comm. on Fin. Servs., 112th Cong. 141 n.1 (2011) (prepared statement of Robert W. Mooney, Deputy Director, Consumer Protection and Consumer Affairs), available at www. gpo.gov/fdsys/pkg/CHRG-112hhrg72606/pdf/ CHRG-112hhrg72606.pdf; see also Annamaria Lusardi et al., The Brookings Institution, Financially Fragile

Advocate 2015

15

Households: Evidence and Implications 1 (2011), available at www.brookings.edu/~/media/Projects/ BPEA/Spring%202011/2011a_bpea_lusardi.pdf.

11 U.S. Postal Service, supra note 2, at 2.

12 Id. at ii, 14.

13 Mark Flannery & Katherine Samolyk, Payday Lending: Do the Costs Justify the Price? 18 (FDIC Ctr. for Fin. Research, Working Paper No. 2005-09, 2005).

14 See U.S. Postal Service, supra note 2, at 13.

15 See id. at 14.

16 See Arthur E. Wilmarth, Jr., The Transformation of the U.S. Financial Services Industry, 1975–2000: Competition, Consolidation, and Increased Risks, 2002 U. Ill. L. Rev. 215 (explaining the shifts in banking during this time).

17 Sow Hup Chan, An Exploratory Study of Using Micro-Credit to Encourage the Setting Up of Small Businesses in the Rural Sector of Malaysia, 4 Asian Bus. & Mgmt. 455, 456 (2005). But see David Malmquist et al., The Economics of Low-Income Mortgage Lending, 11 J. Fin. Servs. Res. 169, 182 (1997) (“[L]ow-income lending is no more and no less profitable than nonlow-income lending . . . .”).

18 John Caskey, Fringe Banking: Check-Cashing Outlets, Pawnshops, and the Poor 7 (1994).

19 See, e.g., Jonathan R. Macey & Geoffrey P. Miller, Banking Law and Regulation 328 (2d ed. 1997).

20 Fed. Deposit Ins. Corp., 2011 FDIC National Survey of Unbanked and Underbanked Households 17–18 (2012), available at www.fdic.gov/ householdsurvey/2012_unbankedreport.pdf.

(finding households without bank accounts fortythree percent less likely to have positive holdings of net financial assets); Lawrence H. Summers, Sec’y of the Treasury, Remarks at the U.S. Conference of Mayors (Jan. 28, 2000) (describing individual access to financial services, specifically bank accounts, as the “basic passport to the broader economy”), available at www.treasury.gov/ press-center/press-releases/Pages/ls356.aspx.

30 See Regina Austin, Of Predatory Lending and the Democratization of Credit: Preserving the Social Safety Net of Informality in Small-Loan Transactions, 53 Am. U. L. Rev. 1217, 1227 (2004) (“Access to credit assures access to basic necessities for debtors who, because of un- or under-employment, lack an adequate income to pay for essentials like food, shelter, and medicine.”).

31 See The World Bank, Finance For All?: Policies and Pitfalls in Expanding Access 99–139 (2008) (concluding that “the bulk of the evidence suggests financial development and improved access to finance is likely not only to accelerate economic growth but also to reduce income inequality and poverty,” id. at 138); J. Wyatt Kendall, Note, Microfinance in Rural China: Government Initiatives to Encourage Participation

by Foreign and Domestic Financial Institutions, 12 N.C. Banking Inst. 375, 377 (2008) (“Researchers have demonstrated that there is a strong, positive correlation between an individual’s access to traditional banking services and an individual’s well-being.”).

32 See The World Bank, supra note 32, at 99– 139; Lewis D. Solomon, Microenterprise: Human Reconstruction in America’s Inner Cities, 15 Harv.

J.L. & Pub. Pol’y 191, 199 (1992).

President, Fed. Res. Bank of Dall., Ending ‘Too Big to Fail’: A Proposal for Reform Before It’s Too Late (With Reference to Patrick Henry, Complexity and Reality), Remarks Before the Committee of the Republic (Jan. 16, 2013), available at www.dallasfed.org/news/speeches/ fisher/2013/fs130116.cfm.

43 Kirk Shinkle, America’s Credit Catastrophe, U.S. News (Oct. 3, 2008), http://money.usnews.com/money/ business-economy/articles/2008/10/03/americas-creditcatastrophe.

44 Cong. Budget Office, Fannie Mae, Freddie Mac, and the Federal Role in the Secondary Mortgage Market 15–19 (Dec. 2010), available at www.cbo.gov/sites/ default/files/cbofiles/ftpdocs/120xx/doc12032/12-23fanniefreddie.pdf.

45 See generally Viral Acharya et al., Guaranteed to Fail: Fannie Mae, Freddie Mac and the Debacle of Mortgage Finance (2011), available at www.research.stlouisfed.org/ conferences/gse/White.pdf.

46 Most experts claim that although lower underwriting standards were a factor in the financial crisis, the causes of the crisis were much more global and complex. The Turner Review, the most comprehensive economic analysis of the financial crisis, cited macro imbalances of funds (that is, over-savings by the Chinese and oilproducing nations) mixed with financial innovation and complexity in the U.S. and U.K. derivatives markets. Fin. Servs. Auth., The Turner Review (2009), available at www.fsa.gov.uk/pubs/other/turner_review.pdf.

47 Robert C. Hockett & Daniel Dillon, Income Inequality and Market Fragility: Some Empirics in the Political Economy of Finance, 18 N.C. Banking L.J. (forthcoming 2014), available at papers.ssrn.com/sol3/ papers.cfm?abstract_id=2204710.

21 Why the Working Poor and Banks Are a Bad Match, Am. Banker (Jan. 13, 2014), www.americanbanker. com/video/why-the-working-poor-and-banks-are-abad-match1064854-1.html (Heather Landy, Editor in Chief, American Banker Magazine, interviewing Lisa Servon, Professor of Management and Urban Policy, The New School).

33 See Kendall, supra note 32, at 375 (“[P]eople with access to banking services live above the poverty line, whereas those without access to banking services live below the poverty line.”).

22 U.S. Postal Service, supra note 2, at 6.

34 Baradaran, supra note 7, at 486.

50 Id.

23 Maria Aspan, For Wal-Mart, No Bank Charter Is No Problem, Am. Banker (Nov. 11, 2009), www. americanbanker.com/issues/174_218/for-wal-mart-nobank-charter-is-no-problem-1003891-1.html.

35 Id.

24 James Grant, Money of the Mind 87–91 (1992).

38 Grant, supra note 25, at 77, 85.

25 Id. at 88.

39 Baradaran, supra note 7, at 487.

51 Press Release, Fin. Serv. Ctrs. of Am., FiSCA Issues Critique of FDIC Small Dollar Loan Program: Shortcomings Cited in the Report Underscore Challenges Banks Face in Serving Consumers Needing Small Dollar, Short-Term Loans (Oct. 20, 2009), available at www.fisca.org/Content/NavigationMenu/NewsViews/ PressReleases/2009PressReleases/FDIC-PressRelease.pdf.

26 Id. at 90; Postal Savings System, USPS (July 2008), http://about.usps.com/who-we-are/postal-history/ postal-savings-system.pdf.

40 Fred E. Case, Deregulation: Invitation to Disaster in the S&L Industry, 59 Fordham L. Rev. S93, S94 (1991).

27 Grant, supra note 25, at 90.

41 Mehrsa Baradaran, Banking and the Social Contract, 89 Notre Dame L. Rev. 1283 (2014).

28 Id. 29 See Michael S. Barr, Banking the Poor, 21 Yale J. on Reg. 121, 134–41 (2004); see also Stacie Carney & William G. Gale, Asset Accumulation Among Low-Income Households 22 (2000), available at www.brookings.edu/views/papers/gale/19991130.pdf

16

Advocate 2015

36 Id. 37 Id.

48 Solomon, supra note 33, at 206 (discussing the struggles of the microcredit movement in the United States).

49 Small-Dollar Loan Pilot Program, Fed. Deposit Ins. Corp., www.fdic.gov/smalldollarloans (last updated June 23, 2010).

52 Many of the banks volunteered for the program because they were told that they would be fulfilling their Community Reinvestment Act requirements.

53 U.S. Postal Service, supra note 2, at ii.

42 There are twelve “mega banks” after the financial crisis with assets between $250 billion and $2.3 trillion; they represent only 0.2% of all banks, but together they hold almost 70% of the country’s banking assets. Richard Fisher,

www.law.uga.edu

is a

Tech Audit

in your future?

806-% :06 1"44 03 '"*BY INFO INFORMATION TECHNOLOGY LIBRARIAN JASON TUBINIS s a lawyer lawyer, there are a variety of skills you need to develop and hone. M Many of these skills are taught in law school, and many more aare learned on the job: analyzing an issue from different perspectives, in interpreting statutes or decisions in the context of your client’s situation situation, negotiating with opposing counsel, advocating your case before a ju judge and jury, etc.

Butt whatt abo about your skill with a word processor? Or maybe your abilityy to create a spreadsheet? What is more important for evaluating the aptitude off atto attorneys: their ability to pore over the details of a case or their proficiencyy in ty typing up a memo about what they have concluded?

Obviouslyy th there is a qualitative difference in the work being done in the aforementioned example. But more often than not, there is no quantitative difference in the time taken for the two types of tasks: substantive legal works can take jjust as long as clerical processes. And yet, many firms will bill att the same hourly rate, regardless of the type of work being done.

There are few shortcuts you can take in the legal process, but there are numerous func functions built into the software we use on a regular basis that could greatlyy reduce r the time spent writing documents, sending emails orr manipu manipulating spreadsheets.

While many clients are more than willing to pay regardless Wh of the type of work being done, some have begun to wonder if their bills are being inflated due to their attorney’s inability to use those timesaving features.

Enter the Legal Tech Audit.

A

Whatt is tthe Audit?

The Legal Te Tech Audit began as a notion by D. Casey Flaherty, corporate couns counsel at Kia Motors America. The idea was that it would be a wayy to evaluate outside counsel’s effective use of certain pieces of software like Microsoftt W Word, Microsoft Excel and Adobe Acrobat.

Compared d to other topics of “legal technology,” like eDiscovery, using social mediaa and firm management software, and so on, familiarity with usingg basicc office offic productivity software seems comparatively benign.

However, time sspent using this kind of software routinely can end up beingg a not-insi not-insignificant part of the bills being sent to companies like Kia and d Flaherty Flaherty.

Advocate 2015

17

Why Does the Audit Exist?

Why the Audit is Important

5&45*/( 5&$)/0-0(*$"- 130'*$*&/$:

The Legal Tech Audit is currently available at www.legaltechaudit.com. It is marketed as a way for firms to evaluate their employees, for clients to test the proficiency of attorneys they might retain and for students to hone their skills.

Currently there is no information on how widely adopted the audit has been since its launch, but this author has worked through the version available for students.

While the functionality is a little limited (requiring concurrent use of a current version of Microsoft Word and Internet Explorer on a Windows computer), it is a well put together product that teaches and assesses in a clear and understandable manner. It would not be a surprise to see wider adoption as it is developed further.

If it does not gain traction with clients as a way to exert influence on lawyers to improve their technological skills, being able to boast about legal tech prowess (and the savings that are passed to clients due to improved efficiency) is a decided marketing advantage for law firms.

Even absent the firm promotional opportunity, boosting your own familiarity with the advanced features of the software you use on a regular basis will make your life simpler.

Finally, and this is just this author’s speculation, there appears to be a not-insignificant portion of the Silicon Valley crowd actively eying inefficiencies (both real and perceived) in established fields. They see these shortcomings as an area where they can disrupt a profession and claim some business for themselves.

There is a growing number of careers that are within the legal supply chain, but they are not part of a law firm. These include careers like legal process analysts, online dispute resolution (ODR) practitioners and legal management consultants.

Rather than staying static and letting the profession be taken apart by opportunistic start-ups (taxis and Uber, anyone?), lawyers should consider the situation presented by the Legal Tech Audit as an occasion to evaluate and evolve.

Lawyers are known for their ability to navigate the complex maze of the legal system, but they are not necessarily considered the most competent users of technology. This could be an opportunity to start shifting perceptions, improving the overall work done and staking a claim in the future for the profession.

The audit was designed in such a way that it would test for familiarity with software features in the context of typical tasks, like automatically applying Bates numbering to a collection of PDFs, inserting cross-references to different sections in a contract in Word or calculating billable hours in Excel.

Accomplishing all the tasks in Flaherty’s list took him 30 minutes, so he set a satisfactory completion time at one hour. If the attorneys at the firms working on his business could not meet his expectations, he reduced their negotiated rates by 5 percent until they could.

Of the nine firms that took the audit, the best time posted was two-and-one-half hours. … if you can shave a Attorneys at one firm took eight hours, and another firm had to do the audit twice before NJOVUF Pò UIF BTTPSUFE their lawyers got it right. tasks that you do about Clearly there was a gap in what Flaherty 50 times per day, you believed was an acceptable level of competence and the reality of the situation. will save eight weeks of But looking at the actual tasks demanded by time over five years. the Legal Tech Audit, it is not surprising the firms struggled. Some of them are perfectly benign (e.g., using find and replace in Word), but many are downright arcane: applying complex formulas and formatting in Excel, removing metadata and embedded scripts from PDFs, using Word styles to apply automatic numbering to headings, etc.

1307*%*/( */$&/5*7& 50 $)"/(& While these technological tools can be complex and unintuitive to use, their practical applicability cannot be understated. For example, using the styles built into Word can shave minutes off tasks that you will routinely perform while writing a document. Multiply that across all of the other tools evaluated by the Legal Tech Audit, and the time savings become significant: if you can shave a minute off the assorted tasks that you do about 50 times per day, you will save eight weeks of time over five years.

While those benefits are not insignificant, getting to that point is not without its own costs. There is a lot of finding, learning, practicing and working involved in getting to a point where these timesaving tools can be used efficiently. Plus, not all of this time is billable.

In fact, even if you do attain the level of efficiency demanded by the audit, you will ultimately end up billing for less time. In this respect, there is a distinct disincentive for attorneys to improve their technological skills.

6/%&345"/%*/( 5)& &91&$5"5*0/4 There is nothing inherently wrong with letting lawyers prioritize how their time is spent. Indeed, many clients will only be interested in a lawyer’s knowledge, experience, communication skills, etc., so having attorneys focus their time and efforts on substantive legal work rather than training is not bad per se.

But some clients could put more emphasis on their attorney’s ability to use the technology that is readily available more effectively. The Legal Tech Audit allows clients to request their attorneys to take the audit and view their performance. This tool enables clients to see if their lawyer’s priorities and technological competency align with their expectations.

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Advocate 2015

www.law.uga.edu

S

he has been called “truly outstanding� by her students, “the embodiment of what I hope to be as a professor� by her colleagues and “a gifted teacher� by members of the legal community, and now Erica J. Hashimoto can add “Meigs Professor� to the list.

Hashimoto, the law school’s Post Professor, was named a Josiah Meigs Distinguished Teaching Professor this spring.

The honor is UGA’s highest recognition for excellence in instruction at the undergraduate and graduate levels. Each year no more than ďŹ ve professors campus-wide are chosen and this year only four were selected.

Hashimoto joined Georgia Law in the fall of 2004, beginning her career in academia after serving four years as an assistant federal public defender in the OfďŹ ce of the Federal Public Defender in Washington, D.C. “With respect to her teaching, she is simply superb,â€? said former Dean Rebecca Hanner White, who nominated Hashimoto. “She came to the law school in the fall of 2004 as a brand new member of the teaching academy, and I have watched her blossom from a strong and competent teacher into one of the law school’s ďŹ nest.â€?

During her 10 years at Georgia Law, Hashimoto has taught both ďŹ rst-year and upper-level courses as well as created one of the school’s premier experiential learning programs, the Appellate Litigation Clinic. This experiential learning opportunity is an intensive yearlong course during which students work in teams to review cases before the federal circuit courts of appeals and the Board of Immigration Appeals, identify the issues that should be raised in the appeal, draft briefs and present oral arguments before the courts. “Being an admired and effective teacher for all three types of courses takes a tremendous amount of dedication, skill and exibility,â€? White said. “Each of these courses demands a very different type of instructional delivery.â€?

Additionally, few law professors nationwide have diversiďŹ ed their teaching portfolios to straddle the longestablished clinician/nonclinician line.

Her scholarship has been discussed during oral argument by a U.S. Supreme Court justice and was cited by the court.

Hashimoto has been honored in the past as the recipient of the O’Byrne Memorial Award for SigniďŹ cant Contributions Furthering Student-Faculty Relations, as a Lilly Teaching Fellow and as a law school honorary graduation marshal. She twice earned the Ellington Award for Excellence in Teaching, the law school’s highest teaching honor.

View a video on Hashimoto’s Meigs Professorship on her proďŹ le page at www.law.uga.edu/proďŹ le/erica-j-hashimoto. www.law.uga.edu

1IPUP CZ 6(" 1IPUPHSBQIJD 4FSWJDFT Peter Frey.

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4FMFDU RVPUFT TVQQPSUJOH )BTIJNPUP T OPNJOBUJPO “In an atmosphere where most students were petriďŹ ed of speaking, Professor Hashimoto inspired discussion and encouraged questioning. Not only was her teaching style remarkable, so was the amount of care and interest she showed in her students.â€?

—Former student Elizabeth C. Taxel (J.D.’09), a public defender in the DeKalb County Public Defender’s OfďŹ ce

“In every important way, she has enriched our students and our program of education. She has done so as a now-highly-decorated classroom teacher, as the creator of a new and path-breaking clinical educational program, as a risk-taking innovator who has sought to bridge the divide between doctrinal study and skills training, and as a seless supporter of students both in her formal service roles and in her behind-the-scenes efforts in support of important co-curricular activities.â€? —University Professor & Caldwell Chair in Constitutional Law Dan T. Coenen, who received the Meigs Award in 1998

“She runs an absolutely ďŹ rst-rate program [in the Appellate Litigation Clinic], which has brought great honor to the University of Georgia Law School.

And she has had this positive impact on the reputation of University of Georgia lawyers not only in this Circuit Court, but also in the U.S. Court of Appeals for the Fourth Circuit as well as the U.S. Court of Appeals for the District of Columbia.� —U.S. Court of Appeals for the Eleventh Circuit Judge Beverly B. Martin (J.D.’81)

)BTIJNPUP OBNFE BTTPDJBUF EFBO for clinical programs &SJDB + )BTIJNPUP XBT SFDFOUMZ OBNFE UIF MBX TDIPPM T OFX BTTPDJBUF EFBO GPS DMJOJDBM programs and experiential learning. In this role, she will work to enhance and advance the TDIPPM T SFBM QSBDUJDF MFBSOJOH PòFSJOHT “Clinical programs are one of the law school’s crown jewels and represent one of the many ways the law school can have an impact both in the state and beyond,â€? said Dean Peter # i#Pw 3VUMFEHF i1SPGFTTPS )BTIJNPUP JT VOJRVFMZ RVBMJĂśFE UP IFMQ TUSFOHUIFO UIFTF programs and to support the university’s broader goal of expanding experiential learning opportunities. A first-class scholar, gifted teacher and dedicated advocate, Professor )BTIJNPUP JT B GBOUBTUJD BEEJUJPO UP UIF MBX TDIPPM T TFOJPS MFBEFSTIJQ UFBN w

Advocate 2015

19

HEADLINES

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1IPUP CZ 6(" 1IPUPHSBQIJD 4FSWJDFT Peter Frey.

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“Professor Burch’s work provides an innovative analysis of strategies for solving principal-agent problems in aggregate litigation ... .”

—Goodwin Liu, chair of the ALI’s Young Scholars Medal Selection Committee

20

Advocate 2015

ssociate Professor Elizabeth “Beth” Chamblee Burch has been awarded the American Law Institute’s Young Scholars Medal, which is presented every other year to one or two outstanding early-career law professors whose work has the potential to influence improvements in the law.

Goodwin Liu, a California Supreme Court justice and the chair of the Young Scholars Medal Selection Committee, said the committee and the ALI are extremely proud of this year’s medal recipients – Burch and Michael Simkovic, a professor at Seton Hall University School of Law. “These two exceptional professors have produced first-rate scholarship that is already having an impact in legal debate and policy.

Professor Burch’s work provides an innovative analysis of strategies for solving principal-agent problems in aggregate litigation, and professor Simkovic’s research on consumer finance and credit markets has influenced courts, regulators, fellow researchers and the United States Congress.”

Georgia Law Dean Peter B. “Bo” Rutledge said, “Beth represents the model of a world-class scholar whose writings have an impact on the academy and the profession. The ALI medal is a testament to Beth’s commitment to scholarly excellence, and I am very grateful to Rebecca White, who nominated her for this well-deserved award.”

Burch began her writing and research career while in law school at Florida State University, during which time she published five law review articles, three in journals of other law schools.

In the past eight years as a member of the teaching academy, Burch has published or had accepted for publication 15 full-length law review articles in journals such as the New York University Law Review, the Virginia Law Review, the Vanderbilt Law Review, the Washington University Law Review, the Boston University Law Review and the George Washington Law Review. She also has published eight shorter articles in law reviews and their online companions, one of which inspired a response from Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York. Additionally, in 2010, Burch was

selected along with three co-authors (Robert G. Bone, Charles M. “Charlie” Silver and Patrick Woolley, all at the University of Texas) to continue the late Richard A. Nagareda’s casebook, The Law of Class Actions and Other Aggregate Litigation. (Nagareda taught at Georgia Law from 1994 to 2001.)

Burch’s research focuses on class actions and multidistrict litigation, both of which straddle the divide between public and private law and share similar collective-action and principalagent problems. Because these inherent problems are not unique to aggregate litigation, she takes an interdisciplinary approach to procedure and draws from literature that bears on collective action and group decisionmaking, including social psychology, behavioral law and economics as well as political policy.

Since becoming a professor, Burch has served on national panels and symposia and delivered more than 40 presentations. She was invited to present and partake in the important dialogue at George Washington University’s 2010 Aggregate Litigation: Critical Perspectives Symposium, which focused on the ALI’s Principles of the Law of Aggregate Litigation.

Additionally, her work was selected as part of Vanderbilt University’s 2012 New Voices in Civil Justice Workshop and has generated invitations to present at the New York University School of Law and the American Bar Association’s National Institute on Class Actions as well as DePaul University’s 2015 Clifford Symposium on Tort Law and Social Policy.

Burch joined the Georgia Law faculty in 2011, after holding an assistant professorship at the Florida State University College of Law. In 2013, she received the John C. O’Byrne Memorial Award for Significant Contributions Furthering Student-Faculty Relations.

She earned her bachelor’s degree cum laude from Vanderbilt University and her Juris Doctor cum laude from Florida State University, where she served as the writing and research editor for the Florida State University Law Review.

www.law.uga.edu

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n December, Georgia Law received a $3.4 million gift from the estate of former Georgia Gov. Carl E. Sanders (J.D.’48).

Approximately $2.4 million was used to create the Carl E. Sanders Law Scholarship Fund, which will provide scholarships to law students. The remainder of the gift was added to the Carl E. Sanders Chair in Political Leadership Fund, which was established in 2002 to support a faculty position for someone to “educate students about the roles of law and lawyers in shaping public policy and about the role of lawyers in positions of leadership.�

This donation is the largest single gift in the law school’s history and makes the late governor the school’s greatest individual benefactor.

The governor’s wife of 67 years, Betty Foy Sanders, said, “Carl was still a student at the Georgia law school when we were married in 1947. And from there he went on to achieve much for which he always felt deep gratitude to the university, and particularly the law school. ‌ This gift and our prior gifts to the law school reect our sincere gratitude for what Carl’s legal education and his long association with the law school meant to him and to his legal career.â€?

During the 1960s, Gov. Sanders said: “The people of Georgia want and deserve nothing short of the best. The University of Georgia School of Law is, therefore, to be one of such excellence that no citizen of Georgia need ever leave [the] state because a

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5IJT QBTU GBMM (FPSHJB -BX TUVEFOUT IBE the opportunity to take a class co-taught CZ 6 4 4VQSFNF $PVSU +VTUJDF $MBSFODF Thomas and Dean Peter B. “Bo� Rutledge.

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superior legal education is available elsewhere.â€? This statement is etched into the school’s outer wall, and it is evidence of Sanders’ desire to make Georgia Law one of the nation’s ďŹ nest law schools.

Known as “Georgia’s Education Governor,� Sanders was responsible for the investment of more than $2 billion in educational and training programs, including more than $552 million spent on the state’s public colleges and universities. Expenditures for buildings in the University System of Georgia topped $176.5 million during his term. Notably, he was instrumental in the provision of state funds to expand the law school’s facilities, including a new building for its Alexander Campbell King Law Library plus an additional $1 million to purchase books for the unit.

During his lifetime, Sanders supported the law school with several signiďŹ cant personal gifts that established the Carl Sanders Law Library Fund and the Sanders Chair in Political Leadership.

He served as president of the law school’s alumni association and on the school’s Board of Visitors in addition to heading the fundraising campaign to build Dean Rusk Hall. He also served as a trustee of the UGA Foundation and as president of the UGA Alumni Association.

In recognition of these efforts, he was presented with the school’s Distinguished Service Scroll Award in 1967, and the main reading room of the law library was named in his honor in 2003.

The federal common law course focused on theories of federal common law, the social forces that led to its development, NBKPS 4VQSFNF $PVSU DBTFT JODMVEJOH Erie v. Tompkins and the residual role of federal common law following Erie.

During his weeklong visit, Thomas also met with various student groups in small and large settings, talked with faculty and held a question and answer session for students and faculty.

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Advocate 2015

21

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1IPUP CZ 6(" 1IPUPHSBQIJD 4FSWJDFT Andrew Davis Tucker.

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ormer Dean Rebecca Hanner White was recently honored by both Georgia Law and the University of Georgia for her contributions to the law school and to the greater university.

Georgia Law announced earlier this year the establishment of the Rebecca Hanner White Scholarship, named in honor of White who stepped down as the leader of the school after more than 11 years of service.

The scholarship was initiated by Georgia Law 1982 alumna and law school Board of Visitors Chair Kathelen V. Amos and her husband Dan, who agreed to match up to $100,000 in new gifts donated to the school for the creation of the scholarship fund. To date, more than $210,000 in gifts and pledges have been secured from alumni and friends for this effort.

“I am so grateful that Kathelen and Dan Amos have helped to honor Rebecca White,” said Georgia Law Dean Peter B. “Bo” Rutledge. “She inspired many to re-engage with the law school. It is a testament to Rebecca and her record of leadership that members of the Georgia Law community responded so quickly and generously to this fundraising challenge. This effort was dedicated to one of her top priorities during her tenure – growing private funding for student scholarships,” he said.

Additionally, the UGA Alumni Association presented its Faculty Service Award to White during its 78th Annual Alumni Awards Luncheon. The luncheon, which took place during the university’s Honors Week in April, recognizes individuals who have demonstrated a deep commitment to bettering the university.

First presented in 1969, the Faculty Service Award honors current or retired UGA faculty and staff who have distinguished themselves in service to the university.

White, who was the law school’s first female dean, served as the leader of the school from July 1, 2003, to December 31, 2014. A few highlights of her deanship include: a multiyear, multimillion dollar facilities renovation; the hiring of more than 30 new faculty members that not only greatly improved the student:faculty ratio but also significantly increased the scholarly output of the school; the elevation of entering law student academic credentials; the increase of graduates in federal judicial clerkship positions including the selection of six Georgia Law graduates as U.S. Supreme Court judicial clerks; the launch of a Business Law and Ethics Program; the creation of a new degree program (the Master in the Study of Law); the addition of six experiential learning programs; the establishment of study abroad programs at the University of Oxford and in China; and the creation of approximately 40 new endowed funds to support student scholarships and faculty, in addition to securing private funding for building renovations and substantially growing contributions to the law school’s annual fund.

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n its first year, the Community Health Law Partnership Clinic has helped Georgia Law students hone their legal skills through a variety of different methods, including hands-on work and service to the community.

Also known as the Community HeLP Clinic, this experiential learning program is “a unique and collaborative experience,” according to Assistant Professor Jason A. Cade, who serves as the clinic director.

Students involved in the offering partner with health care professionals at Mercy Health Center in Athens to tackle what can be considered “health-harming legal needs” that impact patients. These run the gamut from immigration to disability rights and from benefits to family law.

“These are people who would have no access to a lawyer if not for the clinic,” Cade said, adding that students not only assist with initial issues but oftentimes find themselves working on outlying legal matters that can impact the health of the patient.

In the fall, students reviewed 25 cases of individuals whom medical professionals deemed in need of assistance due to poverty or other circumstances. From those individuals, the students took on the representation of those whom they felt had viable cases and were able to move approximately 19 of them forward. Students conducted research and interviews, developed evidence, drafted legal documents, advocated for their clients and offered legal counsel that their clients might not have received otherwise.

Because of the myriad issues that the students must research and handle, Cade said he often brings in other professionals to assist in addition to medical professionals, including disability and immigration lawyers as well as other units on the UGA campus like the Spanish translator program.

“There are not many opportunities in law school where students learn to work on a team with other professionals,” he said.

The students also learn the basics of business management as they maintain and operate a legal office in downtown Athens, but the overarching goal of the clinic is more holistic, according to Cade.

“We try not to reduce anyone to a single legal issue,” he said.

That sentiment is echoed by the clinic’s law students.

Second-year student Kristina K. Sick said her experience “has been a lot of work but very worthwhile” and has given her an opportunity to see many types of law in action.

“Going to a doctor can’t solve the fact that a person doesn’t have food security,” she said. “… It’s been really good to work with [Mercy] and see their mission to address their patients’ needs, not just [those] in the medical field.”

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ssociate Dean and Professor Emeritus Paul M. Kurtz shared what he likes, what he dislikes and what he is still confused by after 50 years of living in the South as UGA’s 2015 Founders Day Lecturer.

His speech, “A New York Yankee in Abraham Baldwin’s Court: (Almost) Fifty Years Behind ‘Enemy’ Lines,� explored Kurtz’s journey in the South as a Northerner. He drew parallels between himself and Abraham Baldwin, a Connecticut native who was the founder of UGA. Kurtz remarked he lived with the “noise pollution� on Milledge Avenue throughout the night and the politics of the region, knowing he was fortunate to live “in a very blue city in a very red state.�

While boiled peanuts and “vegetables cooked for a week� still leave him shaking his head, the list of things he enjoys about the South was much lengthier and included the music, cuisine and characteristics of its people.

Two items in particular from the South that are the most important to Kurtz are “the beautiful, accomplished university and the wonderful town in which it is the main attraction.�

Kurtz praised the university as well as the city of Athens for the accomplishments and growth of each during the past four decades since his move to the Classic City. He highlighted the university’s increase in graduate and doctoral degrees, higher admission standards and additions of other schools and colleges, while praising Athens for its architecture, culture and extensive community service programs.

Third-year law student Carey A. Miller, a Georgia native, gave the student response to Kurtz’s address.

Kurtz joined the Georgia Law faculty in 1975 as an assistant professor and worked his way up the ranks to hold positions such as the Law School Association Professorship and a J. Alton Hosch Professorship. In 1991, he became the associate dean for academic and student affairs, a post he held until his retirement in 2013.

Active in law school and university affairs throughout his career, Kurtz served ďŹ ve terms on the University Council as well as two terms on the board of the Georgia Athletic Association. —Courtney Lee Brown

Revered leader leaves strong legacy Georgia Law proudly remembers Dean Emeritus J. Ralph Beaird, who served as the leader of the law school for a total of 13 years and oďŹƒcially served on the faculty for more than 20 years, although he taught at the law school for approximately four decades.

This revered leader passed away on August 14.

Beaird was born September 27, 1925, in Gadsden, Alabama. On his 18th birthday, he registered with the draft board and soon joined the U.S. Army Air Force. After basic training, he was assigned to the 10th Army, which participated in the invasion of the island of Okinawa beginning April 1, 1945 (the largest amphibious operation in the PaciďŹ c theater of World War II). During his life, Beaird vividly recalled the landing and the Japanese kamikaze suicide planes attacking the Allied ships.

A year later, he returned home and enrolled at the University of Alabama where he earned the B.S. degree in business in 1949 and the LL.B. degree in 1951. He earned his LL.M. degree from George Washington University in 1953.

In 1950, he wed Jeanne Ralls, a native of Gadsden. It was a devoted marriage of 60 years until her death in 2010.

The couple moved to Virginia where Beaird joined the U.S. Department of Labor, rising to assistant solicitor, associate general counsel of the National Labor Relations Board, and associate solicitor of the Department of Labor overseeing the caseloads of 1,200 attorneys in 28 regional oďŹƒces.

In 1965, he came to Athens as a visiting professor for one year at Georgia Law and returned to Washington. He accepted a full-time professorship at the

law school in 1967 where he remained until 1989, serving as acting dean from 1972 to 1974 and dean of the school from 1976 to 1987. In 1974, he was named a University Professor – a designation denoting outstanding service to the institution beyond one’s speciďŹ c academic discipline – and counselor to the president of the university.

The growth in quality and program diversity of UGA’s law school during Beaird’s deanship is evidenced in: the growth of its private funds endowment from less than $450,000 in 1972 to $17 million in 1987; the establishment of the Dean Rusk Center for International Law and Policy in 1977; the granting of an Order of the Coif chapter, the Phi Beta Kappa of legal education, in 1978; the 21 endowed professorships established by 1987; the founding of the Institute for Continuing Judicial Education in 1977; the growth of the advanced degree LL.M. program; the increasing academic credentials of entering students and bar exam passage rates; the expansion of international programs; the addition of a 25,000 sq. ft. annex to the law library in 1981; the doubling of the law library volumes from 1973 to 1987; the conversion to the semester system; and other increases that led to ranking Georgia Law as among the nation’s best. In 1989, he retired to private practice with the Athens law ďŹ rm of Blasingame, Burch, Garrard, and Ashley.

He is survived by two daughters: Carol Beaird Welsh of Marietta, Georgia, and Becky Beaird Scarboro of Watkinsville, Georgia; three granddaughters and two great-grandchildren.

This obituary is based on the one authored by Barry Wood, who was UGA’s public relations director during Beaird’s deanship and who is a close friend of the family.

HIRSCH HALL HIGHLIGHTS

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he recent ďŹ nancial crisis has shaped ďŹ nancial regulation in several ways, according to two speakers present this spring at a Georgia Law Review symposium titled “Financial Regulation: Reections and Projections.â€?

The symposium’s two keynote presentations were given

by Dennis P. Lockhart, the president and chief executive ofďŹ cer of the Federal Reserve Bank of Atlanta, and 1979 Georgia Law alumnus Luis A. Aguilar, a commissioner with the U.S. Securities and Exchange Commission.

Lockhart spoke about his views of the prudential regulation of ďŹ nancial ďŹ rms and contrasted the regulation of banks and nonbank ďŹ nancial ďŹ rms, also known as “shadow banks.â€? “Banks have long been among the more heavily regulated ďŹ rms. However, post-crisis regulatory oversight has been taken to another level for all sizes of banks,â€? he said. â€œâ€Ś It has to be noted, though, that in the United States, banks represent only a part of the ďŹ nancial system.â€?

While other countries are “bank-centric,â€? the United States’ ďŹ nancial evolution has allowed for a “shadow banking system of considerable scale and institutional diversity.â€?

A “perfectâ€? deďŹ nition of shadow banking is “elusive,â€? according to Lockhart. “A simple and workable deďŹ nition is ďŹ nancial services providers and credit intermediaries that operate without a bank charter.â€?

He added that the ďŹ nancial crisis that began in 2007 arguably started in the shadow banking arena. “It propagated to banks and became global because investors and depositors could not assess their counterparties’ exposures.â€?

Lockhart then speculated on whether shadow banks are being sufďŹ ciently regulated. “If we anchor calibration of regulatory oversight of ďŹ rms, classes of ďŹ rms and markets in potential risk to the broad economy, then it seems to me we should variably monitor and supervise institutions and activities in the banking system that may have ďŹ nancial stability implications and do the same in the shadow banking world,â€? he said. â€œâ€Ś The experience of recent years has made the primary aim of prudential regulation to protect the ďŹ nancial system’s ability to support the general economy. In my view, this should be the ‘true north’ of any

“Today’s capital markets are ‘more sophisticated, larger, faster and more technologically driven than at any time in history.’� —SEC Commissioner Luis Aguilar (J.D.’79) 24

Advocate 2015

expansion of the regulatory overlay on shadow banking.�

Aguilar, who was appointed to the U.S. Securities and Exchange Commission in 2008, noted that during his tenure as an SEC -VJT "HVJMBS + % B DPNNJTTJPOFS Commissioner, the country’s XJUI UIF 6 4 4FDVSJUJFT BOE &YDIBOHF economy has experienced extreme Commission highs and lows. “The events of the ďŹ nancial crisis have substantially affected the commission as the primary regulator of the U.S. capital markets. It is no exaggeration to say that the SEC’s continued existence was in doubt,â€?

Aguilar told the audience, referring to the economic downturn in 2009.

He said that in the years since the crisis, the SEC has “entered into one of its most active periodsâ€? in adopting new rules. “In fact, the commission has voted on almost 250 rulemaking releases during my tenure. Most of the commission’s new rules rightly focused on addressing Federal Reserve Bank of Atlanta aws in our own capital markets.â€?

1SFTJEFOU BOE $&0 %FOOJT -PDLIBSU Aguilar said that in addition to focusing on the domestic markets, the SEC is also “working internationally to address the dangers arising from the growth and interconnectedness of the global ďŹ nancial markets and the reality that risks from less-regulated overseas markets can ultimately come to our shores.â€?

Today’s capital markets are “more sophisticated, larger, faster and more technologically driven than at any time in history,â€? he said. “The ďŹ nancial crisis, and its aftermath, made clear that the SEC needed far more information to effectively supervise a number of important market sectors – such as money market funds, hedge funds, derivative activities (including credit default swaps), municipal advisors, credit rating agencies and others,â€? he said.

Since the crisis, Aguilar stated that the commission has been working to capture data and automate its analytical capabilities so staff can proactively identify areas of risks, emerging trends and fraudulent activities. “It is impossible to predict with certainty the challenges ahead,� he said. “I do believe, however, that the country requires a well-informed and well-funded SEC to protect American investors – from both domestic and international activities.�

The symposium also consisted of three panels that explored topics such as the political economy of ďŹ nancial regulation, risk management and regulatory oversight, and the theory and structure of ďŹ nancial regulatory agencies. www.law.uga.edu

HIRSCH HALL HIGHLIGHTS

International Criminal Court prosecutor speaks on crimes against children in times of conflict

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rimes against children in conflict “destroy the individual, shatter the family unit and tear violently at the social fabric of society,” said International Criminal Court Prosecutor Fatou Bensouda, who spoke at a Georgia Law conference titled “Children and International Criminal Justice” during the fall.

Bensouda was the keynote speaker at the daylong event, which also included a panel discussion and closed workshop sessions, and focused on the ICC’s role in prosecuting crimes against children during wartime.

“In most armed conflicts, the recruitment of child soldiers, sexual slavery, attacks on schools or forced displacement are regrettably common occurrences. These heinous crimes are not only repugnant to our collective conscience but simply devastating to children’s lives, and their families and communities – they should not be tolerated but rather met with the full force of the law,” Bensouda said. “Fighting impunity for crimes against children worldwide should be at the forefront of the global agenda.”

The prosecutor described peace as “simply a respite between wars” and noted that the 21st Century has witnessed countless conflicts throughout the world, all with “serious repercussions” for children.

“While wars may be inevitable, we have an obligation to curb the destructive impact human conflict can have on children,” she said. “My office is firm in its commitment to stand against the commission of crimes against children during conflict.”

Bensouda went on to explain her office’s perspective on the Rome Statute, its founding treaty, and how it protects and promotes the rights of youth. She noted that one aspect of the statute requires that the prosecutor take particular account of the degree to which crimes involve violence against children.

“When I assumed office as prosecutor in 2012, I categorically stated that in addition to focusing on ‘children who are forced to carry arms,’ we must also address the issue of ‘children who are affected by arms,’” Bensouda said.

She has elevated children’s issues to one of her office’s six goals in its strategic plan, in addition to “fighting impunity for sexual and genderbased crimes.”

In order to “reinforce our in-house expertise in this crucial area,” Bensouda in December 2012 appointed Georgia Law Associate Dean for International Programs and Strategic Initiatives Diane Marie Amann as her special adviser on children in and affected by armed conflict. www.law.uga.edu

“Professor Amann has provided, and continues to provide, my office with invaluable support since her appointment,” she said, “including advising on the development of the office’s Children’s Policy and creating awareness on children’s issues as they arise in situations involving war crimes, genocide and crimes against humanity.”

Bensouda shared an example of a cornerstone case for the International Criminal Court. The case charged Thomas Lubanga Dyilo, a former rebel leader in the Democratic Republic of Congo, with the “conscription, enlistment and use” of children under the age of 15 “to participate actively in hostilities.”

Lubanga was found guilty of the crimes in 2012, and this case “was a landmark decision for the court” and the whole Rome Statute system,” according to Bensouda. “The case also highlighted various issues, including the impact of crimes against children on whole communities, the specific issue of girl child soldiers and the devastating effects that such crimes can have on the right of children to education.”

The ICC is now expanding its focus from the specific issue of child soldiers to more fully considering the ways children are affected by conflict, Bensouda added. She noted that the court is in consultations currently to create a Policy Paper on Children.

“The Policy Paper on Children will be a comprehensive elaboration of how my office handles, and intends to systematically approach children’s issues in all aspects of its work,” she said. “It will address not only issues relating to crimes against children but also those relating to our interaction with children: for instance, taking into account their view, issues of protection and support of children who are witnesses and victims, as well as children of adult witnesses.”

She added that she hopes this policy paper, once adopted, will also serve as a guide for countries and other relevant actors in their work to combat crimes against children and to address children’s issues in the judicial process.

Cosponsors of this conference, in addition to the Georgia Journal of International and Comparative Law, the law school’s Dean Rusk Center for International Law and Policy and the Georgia Law Project on Armed Conflict and Children, included the UGA African Studies Institute, the Planethood Foundation and the American Society of International Law-Southeast.

Advocate 2015

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HIRSCH HALL HIGHLIGHTS

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omen in the professional world have always been judged by their clothes and how they wear them, according to 1992 Georgia Law graduate Kelly Caffarelli, who delivered the speech “Long Pants or Short Skirts: Fitting In, Fighting Back or Finding Your Own Way� as the law school’s 33rd Edith House Lecturer.

Caffarelli, the president of Caffarelli Consulting, a ďŹ rm that advises missionfocus organizations on how to make their programs more impactful, highlighted the fashion sense and attitudes of leading ladies through history who inspired hope and paved the way for women’s rights and roles in professions such as law and business, as well as society at large. “As early as 1925, deans of national law schools were surveyed and they commented that, ‘Women were as good or better than their male classmates,’â€?

Caffarelli said. “In 1925 ‌ men recognized that women understood the law and that they did well in law school, but that still hasn’t translated to professional equality for women.â€?

Caffarelli noted her own experiences with gender bias in the workplace and gave advice on how to face these challenges to the future lawyers in the audience.

“Be aware that life isn’t fair, and men and women are not treated equally,� she said. “[Men and women] have this internal [gender] bias and we have to act intentionally to counterbalance it, and perhaps take an extra moment to encourage women.�

Caffarelli said women should do what makes them comfortable professionally – from choosing what area of law to practice to what to wear to work on a daily basis.

Caffarelli served as the president and as a member of the Board of Directors of The Home Depot Foundation for 10 years. Under her direction, the foundation granted more than $340 million to nonproďŹ ts focused on affordable housing and community development. She earned her bachelor’s degree from Williams College and her Juris Doctor magna cum laude from Georgia Law, where she served on both the editorial and managing boards of the Georgia Law Review and was inducted to the Order of the Coif.

The Edith House Lecture is sponsored by the Women Law Students Association in honor of one of the ďŹ rst female graduates of Georgia Law. House, a native of Winder, Ga., was co-valedictorian of the law class of 1925, the ďŹ rst class to graduate women. —Courtney Lee Brown Watch Caarelli’s lecture online at www. law.uga.edu/edith-house-lecture-series

PepsiCo leader speaks about the role of a corporation in the modern age PepsiCo Chairman and Chief Executive 0ĂłDFS *OESB /PPZJ EJTDVTTFE UIF SPMF and responsibilities of corporations as well as her company’s Performance with Purpose strategy – which strives to deliver sustainable financial success by operating in line with the needs of society – this past fall BU B (FPSHJB -BX MFDUVSF /PPZJ UIF DIJFG BSDIJUFDU PG 1FSGPSNBODF with Purpose, explained that when she joined PepsiCo in the 1990s, “it became very clear the world around us was changing in profound ways, and we needed to evolve our company in anticipation of these changes.â€?

"GUFS IFS BQQPJOUNFOU UP $&0 JO /PPZJ QMBDFE SFOFXFE FNQIBTJT PO research and development and made strategic business moves, including several acquisitions, expansions and inclusions of new products. By doing so, PepsiCo was able to create a plan that would allow for both profits and progress, she explained.

In current times, “To consumers, who you are as a company is becoming as important as what you sell,� she noted, and raised the question, “To whom and for what is the modern corporation responsible?� /PPZJ TIBSFE TFWFSBM FYBNQMFT PG Performance with Purpose in action at PepsiCo. These actions include partnering with local suppliers in India to change agricultural practices that have reduced water usage so much so that by 2009 PepsiCo India conserved more water than it consumed. The company also works to create business opportunities with local farmers.

www.law.uga.edu

HIRSCH HALL HIGHLIGHTS

8IBU UIFTF HSPVQT IBWF EPOF JT iTJNQMZ PVUTUBOEJOH w /PPZJ TBJE OPUJOH UIBU employees have been able to return to the corporate world with new perspectives, which is “critical� for a global company.

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“At PepsiCo, you can change the DPNQBOZ BOE NBLF B EJòFSFODF JO UIF world at the same time,â€? she said.

www.law.uga.edu

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he success of one’s life can be judged by answering one question: “Did I make a difference?â€? according to Janet Napolitano, University of California System president and former U.S. secretary for the Department of Homeland Security, who presented “Anatomy of a Legal Decisionâ€? as Georgia Law’s 112th Sibley lecturer last fall. “There are many ways to make a difference, both within the legal profession and [out],â€? Napolitano said. “But ‌ for those who possess a legal background, there are opportunities in public service to obtain rewards that transcend the size of the paycheck.â€?

Napolitano discussed how she used her time in public service to make a difference with an initiative called Deferred Action for Childhood Arrivals (DACA), which was developed under her direction while she served as secretary at the DHS. DACA’s mission is to allow those who have been born in or brought to the United States by undocumented immigrants and who live in fear of deportation to “come out from the shadows.�

In the two-plus years since its implementation, DACA has brought forward more than 675,000 young people who have applied for and received “deferredâ€? status. This status generally means “to suspend moving forward with certain cases for a ďŹ xed period of timeâ€? and does not grant amnesty or otherwise permanently resolve immigration status, according to Napolitano.

Recognizing that there is still much work to be done in the area of immigration, she added that her hope is that future lawyers from public universities will bring aid to the public sector in years to come.

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Additionally, the creation of the PepsiCorps program gives its employees the opportunity to work in underserved parts of the world “to improve economic, social and environmental aspects of communities.�

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“... there are opportunities in public service to obtain rewards that transcend the size of the paycheck.â€? “I am now in the education business,â€? she said. “I could not agree more that it is a fundamental obligation of universities, especially public universities, to grow future leaders who will look beyond their own careers ‌ and consider the possibilities of public service.â€?

The Sibley Lecture Series, established in 1964 by the Charles Loridans Foundation of Atlanta in tribute to the late John A. Sibley, is designed to attract outstanding legal scholars of national prominence to Georgia Law. Sibley was a 1911 graduate of the school. —Courtney Lee Brown

Watch Napolitano’s lecture online at www. law.uga.edu/john-sibley-lecture-series

Advocate 2015

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HIRSCH HALL HIGHLIGHTS

5FOUI "OOVBM 8*1* $POGFSFODF examines social justice and legal representation 5IF TUVEFOU PSHBOJ[FE 8PSLJOH JO UIF 1VCMJD *OUFSFTU $POGFSFODF GPDVTFE PO Georgia’s response to human trafficking, current issues in immigration law, the disproportionate costs and consequences of civil penalties and routine criminal QSPDFEVSFT GPS OPO NBKPS PòFOTFT BOE IPX UP GBDJMJUBUF EJTQVUF SFTPMVUJPO BOE NFEJBUJPO CFUXFFO DPNNVOJUJFT BOE UIF QPMJDF XIP TFSWF UIFN +POBUIBO 3BQQJOH the president and founder of Gideon’s Promise and director of the honors program in DSJNJOBM KVTUJDF BU "UMBOUB T +PIO .BSTIBMM -BX 4DIPPM QSFTFOUFE UIF LFZOPUF MFDUVSF

("-1 4ZNQPTJVN debates issues facing the state The Fourth Annual Georgia Association of -BX 1PMJUJDT 4ZNQPTJVN CSPVHIU UPHFUIFS some of Georgia’s leading legal and political minds to discuss several topics, including the impact of changes to the election dates of future elections, the potential privatization of the state’s probation system and the growth of cityhood initiatives in communities throughout Georgia.

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Protect Athens Music Conference celebrates fifth year The Fifth Annual Protect Athens Music Conference, hosted by Georgia -BX T 4QPSUT BOE &OUFSUBJONFOU -BX 4PDJFUZ BEESFTTFE JTTVFT relevant to the intersection of law, music and business for musicians, students, professionals and anyone interested in music or the music business. Panel sessions focused on publicity and promotions as well as the role of record labels in the digital age.

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Advocate 2015

Conference focuses on balancing public interests with private rights (FPSHJB -BX T UI "OOVBM 3FE $MBZ $POGFSFODF XBT UJUMFE i#BMBODJOH 1VCMJD *OUFSFTUT BOE 1SJWBUF 3JHIUT JO &OWJSPONFOUBM -BX w &SJD 5 'SFZGPHMF UIF IPMEFS PG UIF 4XBOMVOE $IBJS PG -BX BU UIF 6OJWFSTJUZ PG *MMJOPJT BU Urbana-Champaign, delivered the keynote address on the longstanding UFOTJPO CFUXFFO QSJWBUF QSPQFSUZ BOE QVCMJD JOUFSFTUT )F SFJUFSBUFE UIF basics of property ownership and identified how understanding modernEBZ PXOFSTIJQ DBO IFMQ UP FOTVSF UIBU JOTUJUVUJPOT DBO FòFDUJWFMZ GVODUJPO while sustaining human communities and natural systems.

First Music and Technology Conference held The student-edited Journal of Intellectual Property Law hosted its first Music and Technology Conference and brought together some of the industry’s top entertainment attorneys as well as policy advocates and technologists from across the country. Casey Rae, the chief executive officer of the Future of Music Coalition, presented the keynote address.

HIRSCH HALL HIGHLIGHTS

Isakson speaks on international trade and economic growth

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ree and open trade is in the best interest of the United States,� according to U.S. Sen. Johnny Isakson, who spoke to a group of law students, faculty and others regarding international trade and economic growth at the Dean Rusk Center for International Law and Policy this spring.

The senior senator from Georgia has spent a large part of his time in the Senate working on matters regarding African trade, in which he is still very involved. However, his most recent initiative, the Transatlantic Trade and Investment Act, is a proposed agreement between the United States and the European Union. “It’s odd that the two greatest trading partners, Europe and the United States, don’t have an agreement,� Isakson said. “We have one with Colombia, we have one with Panama, we have one with South Korea, but we don’t have one with the European Union and that’s wrong. I’m working very hard to see to it that we do.�

As there will be many developments in international trade in the coming years, Isakson expressed the need for lawyers specializing in trade negotiation and the vast career opportunities awaiting them.

He said it is important to our country’s economy that the laws governing our trade are “compatible and harmonizing with one another. ‌ For those of you in the law school here, there are a plethora of jobs available in harmonizing regulation.â€?

Isakson also answered questions stions from audience members regardingg his thoughts on negotiation prospects with Cuba, recent trade sanctions placed on Iran and his support in granting President Barack Obama “fast track� authority, which expedites the process of negotiating trade agreements and treatiess with foreign nations. “The strength of America lies in our ability to trade fairly with h the restt of the world,� he said.

Isakson, who is currently serving his second term in the U.S. Senate, is the only Republican senator to chair two committees in the 114th Congress: the Senate Committee on Veterans’ Affairs and the Senate Select Committee on Ethics. He is also a member of the Senate Committee on Finance, which has jurisdiction over taxes, trade, Medicare and Social Security and which plays a critical role in the debate over cutting spending and reducing the nation’s debt.

Additionally, he is a member of the Senate Committee on Health, Education, Labor and Pensions, and the Senate Committee on Foreign Relations. —Courtney Lee Brown

International presenters cover range of topics (FPSHJB -BX PSHBOJ[FE BOE TQPOTPSFE TFWFSBM FWFOUT HFBSFE UPXBSE QSPNPUJOH UIF exchange of ideas about important and timely international legal and policy matters.

Below is a highlighted list from the 2014–15 academic year.

Marc Masurovsky, co-founder PG UIF )PMPDBVTU "SU 3FTUJUVUJPO project, spoke in the fall on the legal challenges faced by claimants seeking restoration of cultural assets TUPMFO EVSJOH UIF )PMPDBVTU )F also discussed his leadership of the ERR Project, which aids provenance research by providing a searchable database of more than 20,000 art PCKFDUT UBLFO GSPN +FXT JO (FSNBO occupied France and Belgium.

www.law.uga.edu

"MWJO : ) $IFVOH B WJTJUJOH TDIPMBS BU /FX :PSL 6OJWFSTJUZ T 6 4 "TJB -BX *OTUJUVUF EFMJWFSFE i)POH ,POH T 6NCSFMMB .PWFNFOU 1FSTQFDUJWFT GSPN *OUFSOBUJPOBM BOE $POTUJUVUJPOBM -BX w 5IF 6NCSFMMB .PWFNFOU CFHBO JO 4FQUFNCFS XJUI BDUJWJTUT PVUTJEF )POH ,POH HPWFSONFOU headquarters calling for a popular election of the chief executive, the city’s highest leadership position. Cheung addressed the Chinese government’s rejection of EFNPDSBUJD SFGPSN JO )POH ,POH BHBJOTU the backdrop of China’s obligations under international law.

A panel discussion on domestic and international legal issues relating to the Ebola virus was held earlier this year.

8JUI FYQFSUT JO JOUFSOBUJPOBM QVCMJD health law, domestic public health law and global public health policy, the group explored a variety of topics, including quarantines, privacy issues, travel restrictions, experimental drugs BOE UIF TJHOJĂśDBODF PG 6OJUFE /BUJPOT 4FDVSJUZ $PVODJM 3FTPMVUJPO which identified Ebola as a threat to international peace and security.

"VUIPS -PVOH 6OH XIP MFGU IFS OBUJWF $BNCPEJB BT B DIJME JO UIF T during the genocide committed by the Khmer Rouge, gave the inaugural #FUUZ +FBO $SBJHF -FDUVSF BU 6(" Ung’s presentation, titled “First They Killed My Father,â€? drew on her trilogy of memoirs. In these books she describes how Cambodian dictator Pol Pot’s regime, which was responsible for killing approximately 2 million people including many members of her family, BòFDUFE IFS MJGF BOE IFS EFWFMPQNFOU as a human rights activist.

Advocate 2015

29

FACULTY ACCOMPLISHMENTS

Faculty Notes The following summarizes the scholarly productivity of Georgia Law’s distinguished faculty during the calendar year 2014 and year-to-date 2015.

Diane Marie Amann

Peter A. Appel

“The Child Rights Convention and International Criminal Justice� in the Nordic Journal of International Law (forthcoming 2015); “Children� in The Cambridge Companion to International Criminal Law (W. Schabas ed.)

(Cambridge University Press, forthcoming 2015); “The Post-Postcolonial Woman or Child� in 30 American University International Law Review 41 (2015) (to be reprinted in American Society of International Law Proceedings (2014)); editor-in-chief of Benchbook on International Law (American Society of International Law, 2014), available at www.asil.org/benchbook; and book review of Terror Courts by J. Bravin in 95 International Review of the Red Cross 467 (2014).

Wilderness Law and Policy: Cases and Materials (Carolina Academic Press, forthcoming).

Mehrsa Baradaran How the Other Half Banks (Harvard University Press, forthcoming 2015); “Regulation by Hypothetical� in 67 Vanderbilt Law Review 1247 (2014); “Banking and the Social Contract� in 89 Notre Dame Law Review 1283 (2014); and “It’s Time for Postal Banking� in 127 Harvard Law Review Forum 165 (2014).

,FOU ) #BSOFUU “Standing for (and up to) the Separation of Powers� in 91 Indiana Law Journal (forthcoming 2015–16); “Codifying Chevmore� in 90 New York University

-BX TDIPPM IPTUT IJHI QSPÜMF DPOGFSFODFT 5IJT BDBEFNJD ZFBS (FPSHJB -BX QMBZFE IPTU UP UISFF EJTUJOHVJTIFE HSPVQT PG TDIPMBST FBDI XJUI B EJòFSFOU GPDVT 5IF 4FWFOUI "OOVBM +VOJPS 'BDVMUZ 'FEFSBM $PVSUT 8PSLTIPQ IFME JO UIF GBMM QBJSFE TFOJPS TDIPMBST with junior scholars presenting works-in-progress on topics relating to the federal courts, civil rights MJUJHBUJPO DJWJM QSPDFEVSF BOE PUIFS BTTPDJBUFE UPQJDT "TTJTUBOU 1SPGFTTPS ,FOU ) #BSOFUU BOE "TTPDJBUF 1SPGFTTPS .BUUIFX * )BMM XFSF LFZ ÜHVSFT JO PSHBOJ[JOH UIJT HBUIFSJOH *O .BSDI UIF MBX TDIPPM IPTUFE UIF "OOVBM 3FUSFBU GPS UIF -BX BOE &OUSFQSFOFVSTIJQ "TTPDJBUJPO 4JODF UIF SFUSFBU IBT TFSWFE BT B GPSVN GPS MJLF NJOEFE JOEJWJEVBMT UP HBUIFS BOE EJTDVTT SFTFBSDI and recent developments in the important areas of entrepreneurship and business law. Associate Dean for Faculty Development Usha Rodrigues, who served as president of the group for the 2014–15 academic year, was instrumental in bringing this group to Athens.

"MTP JO UIF TQSJOH NFNCFST PG UIF "TTPDJBUJPO GPS -BX 1SPQFSUZ BOE 4PDJFUZ DBNF UP UIF 6(" DBNQVT GPS UIFJS BOOVBM NFFUJOH .BSUJO $IBJS +BNFT $ i+JNw 4NJUI XIP TFSWFT BT QSFTJEFOU FMFDU of the association, convened more than 140 scholars from around the world who are conducting interdisciplinary research on all aspects of property law, policy and theory – including real, personal, intellectual, intangible, cultural and other forms of property.

Law Review 1 (2015); “Improving Agencies’ Preemption Expertise With Chevmore CodiďŹ cationâ€? in 83 Fordham Law Review 587 (2014) (symposium) (invited); “To the Victor Goes the Toil – Remedies for Regulated Parties in Separation-of-Powers Litigationâ€? in 92 North Carolina Law Review 481 (2014); and “International Sale of Goodsâ€? in Benchbook on International Law (D.M. Amann ed.) (American Society of International Law, 2014).

Randy Beck “Overcoming Barriers to the Protection of Viable Fetuses� in 71 Washington & Lee Law Review 1263 (2014) (symposium) (invited); and “Prioritizing Abortion Access over Abortion Safety in Pennsylvania� in 8 University of St. Thomas Journal of Law & Public Policy 33 (2014) (symposium) (invited).

Elizabeth Chamblee Burch “Constructing Issue Classes� in 101 Virginia Law Review (forthcoming 2015); “Regulatory Discord and Procedure� in the New York University Journal of Law and Business (forthcoming 2015) (symposium); “Judging Multidistrict Litigation� in 90 New York University Law Review 71 (2015); “Remanding Multidistrict Litigation� in 75 Louisiana Law Review 339 (2014) (symposium); and “Revisiting Government as Plaintiff � in 5 Journal of Tort Law 227 (2014) (symposium).

+BTPO " $BEF “Enforcing Immigration Equity� in the Fordham Law Review (forthcoming); “The Plea Bargain Crisis for Noncitizens in Misdemeanor Court� in the Immigration and Nationality Review (forthcoming) (reprinted from 34 Cardozo Law Review 1751 (2013)); and “The Challenge of Seeing Justice Done in Removal Proceedings� in the Immigration and Nationality Review (forthcoming) (reprinted from 89 Tulane Law Review 1 (2014)).

www.law.uga.edu

FACULTY ACCOMPLISHMENTS

Ronald L. Carlson Carlson on Evidence: Comparing Georgia and Federal Rules, 3d ed. (Institute of Continuing Legal Education of Georgia, 2015) (with M. Carlson); Trial Handbook for Georgia Lawyers, 2014–15 ed. (Thomson Reuters, 2014) (with M. Carlson and J. Cook); and “Unconstitutionality and the Role of WideOpen Cross-Examination: Encroaching on the Fifth Amendment When Examining the Accused” in 7 John Marshall Law Journal 269 (2014) (with M. Carlson).

University Press, forthcoming); “Formalism and Distrust: Foreign Affairs Law in the Roberts Court” in 83 George Washington Law Review 380 (2015); and “Theorizing Precedent in International Law” in Interpretation in International Law (A. Bianchi, D. Peat and M. Windsor eds.) (Oxford University Press, 2015).

Julian A. Cook III

“The Jury’s Constitutional Judgment” in 67 Alabama Law Review (forthcoming 2015).

Trial Handbook for Georgia Lawyers, 201415 ed. (Thomson Reuters, 2014) (with R. Carlson and M. Carlson).

Dan T. Coenen

Andrea L. Dennis

Nathan S. Chapman

“Why Wynne Should Win” in 67 Vanderbilt Law Review En Banc 217 (2014); “The Commerce Power and Congressional Mandates” in 82 George Washington Law Review 1052 (2014); and “The Filibuster and the Framing: Why the Cloture Rule Is Unconstitutional and What To Do About It” in 55 Boston College Law Review 39 (2014).

Harlan G. Cohen “International Precedent and the Practice of International Law” in The Challenges of Global and Local Legal Pluralism: Mediating State and Non-State Law (Cambridge

“Encouraging Victims: Responding to a Recent Study of Battered Women Who Commit Crimes” in 15 Nevada Law Journal (forthcoming 2015) (with C. Jordan); “Good Cop-Bad Cop: Police Violence and the Child’s Mind” in 58 Howard Law Journal (forthcoming 2015); “Talk Don’t Touch: Should Children’s Attorneys Adopt No-Touch Policies for Clients?” in 65 Catholic University Law Review (forthcoming 2015); “Poetic (In)Justice? Rap Music Lyrics as Art, Life, and Criminal Evidence” in Hip Hop and the Law: The

Key Writings that Formed the Movement (P. Bridgewater et al. eds.) (Carolina Academic Press, forthcoming) (reprinted from 31 Columbia Journal of Law and the Arts 1 (2007)); and “Teaching ‘The Wire’: Crime, Evidence, and Kids” in 64 Journal of Legal Education 111 (2014).

Jaime L. Dodge “Behind the Curtain: MDL Plaintiffs Steering Committees” in 64 Emory Law Journal (forthcoming); “Reconceptualizing Non-Article III Tribunals” in 99 Minnesota Law Review 905 (2015); “Facilitative Judging: Organizational Design in MassMultidistrict Litigation” in 64 Emory Law Journal 329 (2014) (symposium); “Privatizing Mass Settlement” in 90 Notre Dame Law Review 335 (2014) (invited); and “Disaggregative Mechanisms: Mass Claims Resolution Without Class Actions” in 63 Emory Law Journal 1253 (2014) (keynote article).

Thomas A. Eaton Constitutional Torts, 4th ed. (LexisNexis, forthcoming 2015) (with M. Wells, S. Nahmod and F. Smith); and Workers’ Compensation Cases and Materials, 7th ed. (West, 2014) (with J. Little and G. Smith).

Thompson rejoins faculty Colloquium brings scholars to campus Georgia Law hosts the Faculty Colloquium Series each year, where legal academics from around the world come to the law school and present their current research to faculty. This forum greatly enhances the scholarly atmosphere at the school and fosters relationships with other institutions. With funding from the school’s Kirbo Trust Endowed Faculty Fund and the Talmadge Law Faculty Fund, the following presenters came to Athens during the 2014–15 academic year.

David A. Skeel, University of Pennsylvania Ralph Brubaker, University of Illinois Oren Perez, Bar-Ilan University Paul B. Stephan, University of Virginia H. Timothy Lovelace, Indiana University Jason P. Nance, University of Florida Jeanne Fromer, New York University Isaac D. “Zack” Buck, Mercer University

Earlier this spring, Larry D. Thompson returned to the Georgia Law faculty as the Sibley Professor in Corporate and Business Law. He was on temporary leave from the law school for the past two years as he rejoined PepsiCo as its executive vice president of government affairs, general counsel and corporate secretary. Thompson is the former deputy attorney general for the United States. He will teach in the areas of business crimes and corporate responsibility.

Laura Pineschi, Universita degli Studi di Parma Jane H. Aiken, Georgetown University Advocate 2015

31

FACULTY ACCOMPLISHMENTS

Amann and Rodrigues named associate deans PG UIF 6 4 %JTUSJDU $PVSU GPS UIF /PSUIFSO %JTUSJDU PG *MMJOPJT

Earlier this year, Diane Marie Amann was named the law school’s associate dean for international programs and strategic initiatives, while Usha Rodrigues was appointed associate dean for faculty development.

As associate dean for international programs and strategic initiatives, Amann will oversee collaborations between the Dean Rusk Center for International -BX BOE 1PMJDZ BOE UIF law school’s faculty and students. Amann will also assist the law school with strategic initiatives such as HSPXJOH JUT -- . QSPHSBN strengthening partnerships with foreign universities and beginning work on the school’s next strategic plan.

Associate Dean for International 1SPHSBNT BOE 4USBUFHJD Initiatives Diane Marie Amann

As associate dean for faculty development, Rodrigues will work closely with the law school’s faculty, especially its untenured professors, to expand and promote scholarly activities.

Associate Dean for Faculty Development Usha Rodrigues

Amann joined the Georgia -BX GBDVMUZ JO UIF GBMM PG BT UIF IPMEFS PG UIF &NJMZ BOE &SOFTU 8PPESVò $IBJS JO *OUFSOBUJPOBM -BX XIJDI TIF TUJMM PDDVQJFT 4IF JT BO BóMJBUFE GBDVMUZ NFNCFS PG 6(" T "GSJDBO 4UVEJFT *OTUJUVUF and serves as the International Criminal Court prosecutor’s special adviser on children in and BòFDUFE CZ BSNFE DPOøJDU The author of approximately 50 publications in English, French and Italian, Amann’s scholarship focuses on the ways that national, regional and international legal regimes interact as they endeavor to combat atrocity and cross-border DSJNF 4IF JT FEJUPS JO DIJFG PG UIF "NFSJDBO 4PDJFUZ PG *OUFSOBUJPOBM -BX Benchbook on International Law. 1SJPS UP DPNJOH UP (FPSHJB -BX "NBOO XBT a professor of law, the founding director of UIF $BMJGPSOJB *OUFSOBUJPOBM -BX $FOUFS BOE B .BSUJO -VUIFS ,JOH +S )BMM 3FTFBSDI 4DIPMBS BU UIF 6OJWFSTJUZ PG $BMJGPSOJB %BWJT 4IF XBT BO assistant federal public defender, a solo federal criminal defense practitioner and a litigation BTTPDJBUF BU .PSSJTPO 'PFSTUFS 4IF BMTP TFSWFE BT B KVEJDJBM DMFSL GPS 6 4 4VQSFNF $PVSU +VTUJDF +PIO 1BVM 4UFWFOT BOE +VEHF 1SFOUJDF ) .BSTIBMM 32

Advocate 2015

Amann holds a Dr.h.c. degree in law from Universiteit Utrecht in UIF /FUIFSMBOET 4IF FBSOFE IFS + % cum laude GSPN /PSUIXFTUFSO University, where she served as a note and comment editor of the Northwestern University Law Review and was inducted into the Order of the Coif, her M.A. in political science from the University of $BMJGPSOJB -PT "OHFMFT BOE IFS # 4 in journalism, with highest honors, from the University of Illinois at Urbana-Champaign.

RodrJHVFT KPJOFE (FPSHJB -BX JO the fall of 2005 and was named the holder of the M.E. Kilpatrick $IBJS PG $PSQPSBUF 'JOBODF BOE 4FDVSJUJFT -BX JO )FS XPSL IBT BQQFBSFE JO UIF Virginia, Illinois, Minnesota, Fordham, Emory, 'MPSJEB ,FOUVDLZ BOE 8BTIJOHUPO BOE -FF MBX SFWJFXT 4IF IBT BMTP QVCMJTIFE JO POMJOF GPSB PG UIF 7BOEFSCJMU 6$-" 5FYBT BOE )BSWBSE #VTJOFTT MBX SFWJFXT BOE JO UIF QFFS reviewed Journal of Corporate Finance.

Prior to coming to Athens, she was a corporate BTTPDJBUF XJUI 8JMTPO 4POTJOJ (PPESJDI 3PTBUJ JO 3FTUPO 7JSHJOJB XIFSF TIF specialized in corporate law and technology USBOTBDUJPOT 4IF BMTP TFSWFE BT B KVEJDJBM MBX DMFSL UP +VEHF 5IPNBT - "NCSP PG UIF 6 4 $PVSU PG "QQFBMT GPS UIF SE $JSDVJU Rodrigues earned her bachelor’s degree summa cum laude from Georgetown University, her master’s degree in comparative literature summa cum laude from the 6OJWFSTJUZ PG 8JTDPOTJO BOE IFS +VSJT %PDUPS from the University of Virginia, where she served as editor-in-chief of the Virginia Law Review and was inducted into the Order of the Coif.

.BUUIFX * )BMM “The Prudential Third-Party Standing of FamilyOwned Corporations� in 162 University of Pennsylvania Law Review Online 151 (2014).

&SJDB + )BTIJNPUP “Motivating Constitutional Compliance� in the Florida Law Review (forthcoming); and “An Originalist Argument for a Sixth Amendment Right to Competent Counsel� in 99 Iowa Law Review 1999 (2014) (symposium).

8BMUFS )FMMFSTUFJO “Facial State Tax Discrimination Allegedly Causing No Harmâ€? in 75 State Tax Notes 749 (2015) (with J. Swain); “Connecting Corporate and Individual Income Taxes and VAT in a Digital Global Economy: The Unexplored Linkages or The Good, the Bad, and the Ugly?â€? in The Future of VAT in a Digital Global Economy (M. Lang et al. eds.) (International Bureau of Fiscal Documentation, 2015); State and Local Taxation: Cases and Materials, 10th ed. (West, 2014) (with K. Stark, J. Swain and J. Youngman); “State Conformity to Federal Corporate Income Taxation of Foreign Corporations: Reections on Schlumbergerâ€? in 76 Tax Notes International 435 (2014) (with J. Friedman and J. Libin) (also published in 74 State Tax Notes 261 (2014)); “Designing the Limits of Formulary Income Attribution Regimesâ€? in 72 State Tax Notes 45 (2014); and “Jurisdiction to Tax in the Digital Economy: Permanent and Other Establishmentsâ€? in 68 Bulletin for International Taxation 346 (2014).

Fazal Khan Bioethics and the Law (Carolina Academic Press, forthcoming 2016); “The Uber Effect: The Coming Legal Storm over Mobile Health Technology� in the Health Matrix Journal of Law-Medicine (forthcoming 2015); and “Mobile Health Technology: Legal Barriers to Disruptive Innovation� in The Handbook of Research on Digital Transformations (F. Olleros and M. Zhegu eds.) (Elgar Publishing, 2015).

&MFBOPS $SPTCZ -BOJFS “First Do No Harm� in 3 Experience 23 (2015).

www.law.uga.edu

Recent faculty appointments and honors Assistant Professor Kent H. Barnett’s article “The Consumer Financial Protection Bureau’s Appointment XJUI 5SPVCMFw American University Law Review

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Callaway Chair Emeritus Ronald L. Carlson was awarded a faculty medallion from the Institute PG $POUJOVJOH +VEJDJBM &EVDBUJPO JO (FPSHJB 5IF medallion is given to conference speakers who have obtained an evaluation rating of 4.5 or more on a 5-point scale at least three or more times from conference attendees.

Assistant Professor Nathan S. Chapman’s article i%VF 1SPDFTT BT 4FQBSBUJPO PG 1PXFSTw Yale Law Review XJUI . .D$POOFMM

XBT DJUFE CZ 6 4 4VQSFNF $PVSU +VTUJDF $MBSFODF 5IPNBT JO IJT concurring opinion in Department of Transportation et al. v. Association of American Railroads.

Assistant Professor Jaime L. Dodge served as UIF SFQPSUFS GPS %VLF 6OJWFSTJUZ 4DIPPM PG -BX T .VMUJ %JTUSJDU -JUJHBUJPO #FTU 1SBDUJDFT $POGFSFODF JO 8BTIJOHUPO % $ JO UIF GBMM 5IJT JOWJUBUJPO POMZ conference brought together dozens of current District Court and Court of Appeals judges as well as the most prominent multi-district litigation attorneys from CPUI UIF QMBJOUJòT BOE EFGFOTF CBST Associate Professor Matthew I. Hall’s article i4UBOEJOH PG *OUFSWFOPS %FGFOEBOUT JO 1VCMJD -BX -JUJHBUJPOw Fordham Law Review

XBT DJUFE CZ UIF 6 4 %JTUSJDU $PVSU GPS UIF 4PVUIFSO %JTUSJDU PG /FX :PSL JO Floyd and Ligon v. the City of New York XIJDI DPODFSOT UIF /FX :PSL 1PMJDF Departmentâ&#x20AC;&#x2122;s â&#x20AC;&#x153;stop and friskâ&#x20AC;? policy. %JTUJOHVJTIFE 3FTFBSDI 1SPGFTTPS 4IBDLFMGPSE %JTUJOHVJTIFE 1SPGFTTPS JO 5BYBUJPO -BX Walter Hellersteinâ&#x20AC;&#x2122;s treatise on state taxation was cited CZ UIF 6 4 4VQSFNF $PVSU JO Alabama Department of Revenue v. CSX Transportation, Inc 5IF 4VQSFNF $PVSU SFGFSFODFE IJT XPSL BT GPMMPXT i"T POF USFBUJTF has observed, we recognize a â&#x20AC;&#x2DC;wide latitude state legislatures enjoy in drawing tax classifications VOEFS UIF &RVBM 1SPUFDUJPO $MBVTF + )FMMFSTUFJO 8 )FMMFSTUFJO 4UBUF 5BYBUJPO s < > Q E FE o 5IJT JODMVEFT UIF QPXFS UP JNQPTF AXJEFMZ EJòFSFOU UBYFT PO WBSJPVT USBEFT PS professions.â&#x20AC;&#x2122;â&#x20AC;? Id. BU o UP o 5IJT TBNF USFBUJTF www.law.uga.edu

5ISFF GBDVMUZ NFNCFST XFSF SFDPHOJ[FE UIJT ZFBS CZ (FPSHJB -BX TUVEFOUT 5IFZ JODMVEF "TTPDJBUF 1SPGFTTPS $ISJTUJBO 5VSOFS MFGU XJUI UIF 0 #ZSOF .FNPSJBM "XBSE GPS 4JHOJĂśDBOU $POUSJCVUJPOT 'VSUIFSJOH 4UVEFOU 'BDVMUZ 3FMBUJPOT )PTDI 1SPGFTTPS -PSJ 3JOHIBOE XJUI UIF &MMJOHUPO "XBSE GPS &YDFMMFODF JO 5FBDIJOH BOE "TTPDJBUF %FBO -POOJF #SPXO XJUI UIF 4UVEFOU #BS Association Professionalism Award.

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Associate Professor Hillel Y. Levin has been TFMFDUFE UP TFSWF PO UIF "NFSJDBO $JWJM -JCFSUJFT 6OJPO PG (FPSHJB -FHBM $PNNJUUFF GPS UIF o term.

Associate Professor Timothy Meyerâ&#x20AC;&#x2122;s book Goldilocks Globalism: The Rise of Soft Law in International Governance was the focus of a Temple 6OJWFSTJUZ #FBTMFZ 4DIPPM PG -BX SPVOEUBCMF conference in the fall.

Associate Professor Lisa Milotâ&#x20AC;&#x2122;s BSUJDMF i8IBU "SF 8F o -BCPSFST 'BDUPSJFT PS 4QBSF 1BSUT 5IF 5BY 5SFBUNFOU PG 5SBOTGFST PG )VNBO #PEZ .BUFSJBMTw Washington and Lee Law Review

XBT DJUFE CZ UIF 6 4 5BY $PVSU JO Perez v. Commissioner, a case concerning the proper taxation of proceeds from egg donation. )PTDI 1SPGFTTPS Lori A. Ringhand participated in an â&#x20AC;&#x153;Author Meets Criticsâ&#x20AC;? panel at the American 1PMJUJDBM 4DJFODF "TTPDJBUJPO T BOOVBM DPOGFSFODF JO 8BTIJOHUPO % $ 5IF QBOFM XBT DPOWFOFE UP EJTDVTT her book Supreme Court Confirmation Hearings and Constitutional Change. This coauthored title was named a 2014 Outstanding Academic Title by Choice, a publication of the Association of College and 3FTFBSDI -JCSBSJFT Dean Peter B. â&#x20AC;&#x153;Boâ&#x20AC;? Rutledge has been named UP UIF 4PDJBM 4DJFODF 3FTFBSDI /FUXPSL BEWJTPSZ CPBSE 5IF 443/ JT EFWPUFE UP UIF SBQJE XPSMEXJEF dissemination of social science research and is composed of a number of specialized research networks in each of the social sciences.

Georgia Athletic Association Professor David E. Shipley was named an ex-officio voting trustee of the UGA Foundation.

Martin Chair James C. â&#x20AC;&#x153;Jimâ&#x20AC;? Smith was named QSFTJEFOU FMFDU PG UIF "TTPDJBUJPO GPS -BX 1SPQFSUZ BOE 4PDJFUZ "-14 JT BO PSHBOJ[BUJPO GPS TDIPMBST conducting interdisciplinary legal scholarship on BMM BTQFDUT PG QSPQFSUZ MBX QPMJDZ BOE UIFPSZ )F will serve as the organizationâ&#x20AC;&#x2122;s president during o Alan Watson, retired Distinguished Research Professor, received an honorary professorship from the University of Edinburgh. A title conferred only on individuals of high academic distinction, the professorship will run for 10 years and will SFRVJSF 8BUTPO UP HJWF MFDUVSFT BOE TFNJOBST BU UIF university.

-BX -JCSBSZ %JSFDUPS Carol A. Watson + %

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XJUI + %POPWBO BOE $ 0TCPSOF

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Advocate 2015

33

FACULTY ACCOMPLISHMENTS

(FPSHJB -BX CJET GBSFXFMM UP MPOHUJNF DPMMFBHVFT )PTDI 1SPGFTTPS Thomas A. Eaton retired on .BZ BGUFS TFSWJOH PO UIF MBX TDIPPM T GBDVMUZ GPS NPSF UIBO ZFBST Eaton taught courses in torts, constitutional litigation, health care regulation and workersâ&#x20AC;&#x2122; DPNQFOTBUJPO )F TBJE UIBU UFBDIJOH ĂśSTU ZFBS students has been a great joy. â&#x20AC;&#x153;I love their enthusiasm. I love observing them grow during the first year, and I love the lasting relationships we form.â&#x20AC;?

Eaton added that he is proud of the role he QMBZFE JO HFUUJOH UIF NPDL USJBM QSPHSBN UIF &RVBM +VTUJDF 'PVOEBUJPO BOE UIF +PTFQI )FOSZ -VNQLJO "NFSJDBO *OO PG $PVSU iVQ BOE SVOOJOHw BU UIF MBX TDIPPM On the scholarship front, he hopes the empirical studies he worked on with 6(" T 4BZF 1SPGFTTPS PG "NFSJDBO (PWFSONFOU BOE $POTUJUVUJPOBM -BX BOE .FJHT %JTUJOHVJTIFE 5FBDIJOH 1SPGFTTPS 4VTFUUF . 5BMBSJDP BOE .FJHT %JTUJOHVJTIFE Teaching Professor David B. Mustard â&#x20AC;&#x153;added something newâ&#x20AC;? and â&#x20AC;&#x153;important to our understanding of how the tort and workersâ&#x20AC;&#x2122; compensation systems actually PQFSBUF w *O &BUPO CFDBNF UIF POMZ MBX QSPGFTTPS UP CF QSFTFOUFE XJUI a UGA Creative Research Medal, which was awarded for his systematic and inEFQUI TUVEZ PG UPSU MJUJHBUJPO XJUI 5BMBSJDP XIP IBT TJODF QBTTFE BXBZ

Eatonâ&#x20AC;&#x2122;s law school service will continue as he will become a member of the Board of Visitors in the fall. )F BEEFE UIBU IF BOE IJT XJGF +PBOOB QMBO UP DPOUJOVF MJWJOH JO "UIFOT BOE BOUJDJQBUF TQFOEJOH NPSF UJNF WJTJUJOH UIFJS HSBOEDIJMESFO JO 'MPSJEB )F BMTP plans to spend some time on the golf course feeding his newfound â&#x20AC;&#x153;addiction.â&#x20AC;?

MarĂ­a Eugenia GimĂŠnez -- .

associate director of the Dean Rusk Center GPS *OUFSOBUJPOBM -BX BOE 1PMJDZ SFUJSFE BGUFS ZFBST PG TFSWJDF PO .BSDI GimĂŠnez developed and directed UISFF NBKPS QSPHSBNT BU (FPSHJB -BX UIF *OUFSOBUJPOBM +VEJDJBM 5SBJOJOH 1SPHSBN which had more than 1,000 participants from the judiciaries of Argentina, Armenia, #SB[JM &HZQU (IBOB -JCFSJB BOE UIF 6OJUFE "SBC &NJSBUFT TJODF JUT JODFQUJPO UIF (MPCBM *OUFSOTIJQ 1SPHSBN XIJDI QMBDFT (FPSHJB -BX TUVEFOUT JO MFHBM TVNNFS JOUFSOTIJQT XJUI NPSF UIBO PSHBOJ[BUJPOT JO DPVOUSJFT UISPVHIPVU UIF XPSME HFPHSBQIJDBMMZ UIJT JT UIF MBSHFTU QSPHSBN PG JUT LJOE BU 6(" BOE UIF 5SBOTOBUJPOBM -BX 1SPHSBN XIJDI XBT DSFBUFE JO BOE CSJOHT GPSFJHO MBX TUVEFOUT UP "UIFOT GPS POF UP UXP XFFLT UP TUVEZ EJòFSFOU BSFBT PG JOUFSOBUJPOBM BOE "NFSJDBO MBX (JNĂ?OF[ TBJE FTUBCMJTIJOH B (FPSHJB -BX QSFTFODF JO NPSF UIBO organizations in 40 countries on five continents was among her biggest accomplishments during her tenure. â&#x20AC;&#x153;It makes me very happy to leave this legacy to future generations of lawyers.â&#x20AC;?

At present she intends to continue residing in Athens, but will embark on â&#x20AC;&#x153;a long list of international tripsâ&#x20AC;? as she begins her retirement.

34

Advocate 2015

Walter Hellerstein UIF 4IBDLFMGPSE %JTUJOHVJTIFE 1SPGFTTPS JO 5BYBUJPO -BX BOE Distinguished Research Professor, retired .BZ BGUFS ZFBST BU UIF MBX TDIPPM Although he will no longer be teaching, )FMMFSTUFJO TBJE IF XJMM iSFNBJO BDUJWF JO the research, writing and related activitiesâ&#x20AC;? that occupied most of his academic career. â&#x20AC;&#x153;These include, most importantly, the â&#x20AC;&#x2DC;care and feedingâ&#x20AC;&#x2122; of my two-volume treatise, State Taxation, and my work as an academic BEWJTFS UP UIF 0SHBOJTBUJPO GPS &DPOPNJD $P PQFSBUJPO BOE %FWFMPQNFOU 0&$% JO Paris in connection with the development of the International VAT/GST Guidelines.â&#x20AC;? )FMMFSTUFJO JOEJDBUFE IJT JNNFEJBUF QPTU SFUJSFNFOU BHFOEB JT GVMM PG DPNNJUNFOUT that include, in addition to work at the OECD in Paris, speaking at the first General 4FTTJPO PG UIF 4PVUIFBTUFSO "TTPDJBUJPO PG 5BY "ENJOJTUSBUPST UP CF PQFOFE CZ (FPSHJB (PW /BUIBO %FBM JO "UMBOUB EVSJOH +VMZ QSFTFOUJOH B QBQFS PO UIF International VAT/ GST Guidelines BU UIF 6OJWFSTJUZ PG 'MPSJEB $PMMFHF PG -BX T *OUFSOBUJPOBM 5BY 4ZNQPTJVN in Gainesville during October and presenting a paper on specialized tax courts in multijurisdictional systems at a conference at the Vienna University of Economics and Business (where he will also teach a course on comparative cross-border direct and JOEJSFDU UBYBUJPO JO UIF EJHJUBM BHF JO "VTUSJB EVSJOH %FDFNCFS

C. Donald Johnson + % XJMM SFUJSF PO +VMZ BGUFS EJSFDUJOH UIF FòPSUT PG UIF %FBO 3VTL $FOUFS GPS *OUFSOBUJPOBM -BX BOE 1PMJDZ GPS more than one decade.

The center made significant strides in fulfilling its mission of increasing the understanding of global legal and policy JTTVFT EVSJOH +PIOTPO T UFOVSF ,FZ IJHIMJHIUT include the expansion of summer legal study and work abroad opportunities for (FPSHJB -BX TUVEFOUT BOE UIF SPVOEUBCMF i5IF 3FQPSU PG UIF 4FDSFUBSJFT PG 4UBUF #JQBSUJTBO "EWJDF UP UIF /FYU "ENJOJTUSBUJPOw GFBUVSJOH GPSNFS 6 4 4FDSFUBSJFT PG 4UBUF )FOSZ ,JTTJOHFS +BNFT #BLFS 8BSSFO $ISJTUPQIFS .BEFMFJOF "MCSJHIU BOE $PMJO 1PXFMM XIJDI +PIOTPO TBJE XBT POF PG IJT HSFBUFTU NFNPSJFT EVSJOH IJT EJSFDUPSTIJQ

+PIOTPO BEEFE UIBU IF XJMM NJTT IJT JOUFSBDUJPOT XJUI TUVEFOUT PO JOUFSOBUJPOBM trade policy issues and on related career opportunities. â&#x20AC;&#x153;I learned the importance of NFOUPSJOH GSPN %FBO 3VTL XIFO * XBT IJT TUVEFOU IFSF JO UIF T )JT BEWJDF IBT been invaluable to me throughout my career, and I hope some of my counsel to students has been of value.â&#x20AC;? +PIOTPO QMBOT UP DPOUJOVF MJWJOH JO )BSU $PVOUZ XIFSF IJT GBNJMZ IBT SFTJEFE TJODF CFGPSF UIF "NFSJDBO 3FWPMVUJPO )F BMTP QMBOT UP TQFOE UJNF PO QSPGFTTJPOBM NBUUFST JO 8BTIJOHUPO % $ BOE UP QVCMJTI IJT BMNPTU DPNQMFUFE CPPL UIBU JT B DPNQSFIFOTJWF OBSSBUJWF PG 6 4 USBEF QPMJDZ GSPN UIF 3FWPMVUJPOBSZ &SB UP UIF DSFBUJPO PG UIF NPEFSO NVMUJMBUFSBM USBEF SFHJNF VOEFS UIF (FOFSBM "HSFFNFOU PO 5BSJòT BOE 5SBEF BOE UIF 8PSME 5SBEF 0SHBOJ[BUJPO )F DVSSFOUMZ IBT UXP PUIFS CPPLT PO QVCMJD QPMJDZ JTTVFT JO the works.

www.law.uga.edu

FACULTY ACCOMPLISHMENTS

Susan G. SchaďŹ&#x20AC;er, who served as the managing attorney of the law schoolâ&#x20AC;&#x2122;s Family Violence Clinic for 14 years, left the MBX TDIPPM PO +BOVBSZ Under her supervision, law students helped victims of abuse gain access to the legal system in Athens-Clarke and Oconee counties while developing their interviewing, case preparation, DPVOTFMJOH BOE BEWPDBDZ TLJMMT 4DIBòFS estimates that she mentored around 200 TUVEFOUT EVSJOH IFS UJNF BU (FPSHJB -BX 4IF TBJE NBOZ PG IFS TUVEFOUT iIBWF continued to use the knowledge and skills that they learned at the clinic and have gone on to work with victims of domestic violence in various capacities. I know that they are making a tremendous impact in their communities.â&#x20AC;?

4IF BEEFE UIBU TIF BMTP USJFE UP HFU her students to think about their health and to try to balance their lives and their careers. â&#x20AC;&#x153;As a professional and a mother, I tried to model what it was like to juggle a job and the daily demands of my other full-time job.â&#x20AC;?

1SFTFOUMZ 4DIBòFS JT UIF TUBò attorney at the Athens-Clarke County 1SPCBUF $PVSU XPSLJOH XJUI +VEHF 4VTBO 1 5BUF + %

&MJ[BCFUI 8FFLT -FPOBSE + %

$BSPM .PSHBO + %

The Law of American Health Care (Aspen/ Wolters Kluwer Law & Business, forthcoming 2016) (with N. Huberfeld and K. Outterson); â&#x20AC;&#x153;The Fragility of the Affordable Care Actâ&#x20AC;&#x2122;s Universal Coverage Strategyâ&#x20AC;? in 46 University of Toledo Law Review (forthcoming 2015); and â&#x20AC;&#x153;Crafting a Narrative for the Red State Optionâ&#x20AC;? in 102 Kentucky Law Journal 381 (2013â&#x20AC;&#x201C;14).

â&#x20AC;&#x153;Ethical Issues for Transactional Attorneys Here and Abroadâ&#x20AC;? in 15 Transactions: The Tennessee Journal of Business Law 593 (2014) (with C. Goforth, C. Plump and U. Rodrigues).

)JMMFM : -FWJO

â&#x20AC;&#x153;The Institutionalization of Supreme Court ConďŹ rmation Hearingsâ&#x20AC;? in the Law and Social Inquiry (forthcoming) (with P. Collins); and â&#x20AC;&#x153;Voter Discrimination: A First Amendment Challenge to Voter Participation Restrictionsâ&#x20AC;? in 13 Election Law Journal 288 (2014).

â&#x20AC;&#x153;Rethinking Religious Minoritiesâ&#x20AC;&#x2122; Political Powerâ&#x20AC;? in 48 U.C. Davis Law Review (forthcoming 2015); Statutory Interpretation: A Practical Lawyering Course (West, 2014); â&#x20AC;&#x153;Tax Credit Scholarship Programs: A Model Statute for a Better Programâ&#x20AC;? in 1 Education Law and Policy Review 59 (2014) (peer reviewed); and â&#x20AC;&#x153;Intentionalism Justice Scalia Could Loveâ&#x20AC;? (book review of The Nature of Legislative Intent

by R. Ekins) in 30 Constitutional Commentary 89 (2014) (peer reviewed).

Timothy Meyer Goldilocks Globalism (Oxford University Press, forthcoming) (with A. Guzman); book review of Economic Foundations of International Law

by E. Posner and A. Sykes in 108 American Journal of International Law (forthcoming); â&#x20AC;&#x153;From Contract to Legislation: The Logic of Modern International Lawmakingâ&#x20AC;? in 14 Chicago Journal of International Law 559 (2014); â&#x20AC;&#x153;Explaining the Energy Regime Complexâ&#x20AC;? (book review of The Politics and Institutions of Global Energy Governance by T. Van de Graaf ) in 8 Carbon & Climate Law Review 146 (2014); and â&#x20AC;&#x153;The Role of Science in Adducing Evidence of Climate Changeâ&#x20AC;? in The Oxford Handbook of International Climate Change Law (C. Carlarne et al. eds.) (Oxford University Press, 2014).

+PTFQI 4 .JMMFS

Thank you for your service.

â&#x20AC;&#x153;The Idea of the Casebook: Pedagogy, Prestige, and Trusty Platformsâ&#x20AC;? in 11 Washington Journal of Law, Technology & Arts (forthcoming 2015) (with L. Loren); and â&#x20AC;&#x153;Error Costs & IP Lawâ&#x20AC;? in 2014 University of Illinois Law Review 175.

-JTB .JMPU â&#x20AC;&#x153;Ignorance, Harm, and the Regulation of Performance-Enhancing Substancesâ&#x20AC;? in 5 Harvard Journal of Sports & Entertainment Law 91 (2014). www.law.uga.edu

-PSJ " 3JOHIBOE

Usha Rodrigues â&#x20AC;&#x153;Mispricing Corruptionâ&#x20AC;? in the Journal of Law and Politics (forthcoming 2015); â&#x20AC;&#x153;The Once and Future Irrelevancy of Section 12(g)â&#x20AC;? in 2015 Illinois Law Review (forthcoming); â&#x20AC;&#x153;David and Director Primacyâ&#x20AC;? in 62 UCLA Law Review Discourse 82 (2014); â&#x20AC;&#x153;The Effect of the JOBS Act on Underwriting Spreadsâ&#x20AC;? in 102 Kentucky Law Journal 925 (2014) (symposium); â&#x20AC;&#x153;Ethical Issues for Transactional Attorneys Here and Abroadâ&#x20AC;? in 15 Transactions: The Tennessee Journal of Business Law 593 (2014) (with C. Goforth, C. Plump and C. Morgan); and â&#x20AC;&#x153;What All-Cash Companies Tell Us About IPOs and Acquisitionsâ&#x20AC;? in 29 Journal of Corporate Finance 111 (2014) (with M. Stegemoller).

Peter B. â&#x20AC;&#x153;Boâ&#x20AC;? Rutledge â&#x20AC;&#x153;The Testamentary Foundation of Commercial Arbitrationâ&#x20AC;? in the Ohio State Journal on Dispute Resolution (forthcoming 2015); â&#x20AC;&#x153;An Empirical Assessment of Arbitration Clauses in Credit Card Agreementsâ&#x20AC;? in Access to Civil Justice (S. Estreicher ed.) (Cambridge University Press, forthcoming); â&#x20AC;&#x153;From Custom to Cooperative Federalism: The Case of Judicial Assistance Treaties in the United Statesâ&#x20AC;? in Treaties in American Law (G. Fox and P. Dubinsky eds.)

(Cambridge University Press, forthcoming); and â&#x20AC;&#x153;â&#x20AC;&#x2DC;Stickyâ&#x20AC;&#x2122; Arbitration Clauses? The Use of Arbitration Clauses after Conception and Amexâ&#x20AC;? in 67 Vanderbilt Law Review 955 (2014) (with C. Drahozal).

Advocate 2015

35

FACULTY ACCOMPLISHMENTS

Introducing two new legal research and writing instructors (FPSHJB -BX XFMDPNFE UXP MFHBM SFTFBSDI BOE XSJUJOH JOTUSVDUPST JO UIF GBMM (FPSHJB -BX BMVNOVT Patrick D. Conner and Susannah P. Mroz.

Both also lead courses in document drafting, concentrating in contracts and litigation, in addition to teaching legal research and writing. $POOFS QSFWJPVTMZ XPSLFE GPS ZFBST BT BO BUUPSOFZ XJUI .PSHBO -FXJT BOE #PDLJVT JO 8BTIJOHUPO % $ XIFSF IF XBT QSPNPUFE UP QBSUOFS JO "U UIF ĂśSN IF TQFDJBMJ[FE JO IJHI TUBLFT MJUJHBUJPO BOE SFHVMBUPSZ JOWFTUJHBUJPOT )F BMTP XPSLFE XJUI 'FMMPX +PIOTPO -B #SJPMB JO "UMBOUB GSPN UP XIFSF IF QSJNBSJMZ GPDVTFE PO DPNNFSDJBM DBTFT JO GFEFSBM BOE state courts.

Connerâ&#x20AC;&#x2122;s work has been published in Investment Lawyer, and he has been quoted in Investment Adviser Week as well as the Washington Post. )F FBSOFE IJT CBDIFMPS T EFHSFFÍ&#x192;cum laude and with honors in 1995 and his +VSJT %PDUPSÍ&#x192;cum laude JO CPUI GSPN 6(" Mroz came to UGA with six years of experience as a lawyer specializing in MBCPS BOE FNQMPZNFOU MBX .PTU SFDFOUMZ B MBX DMFSL GPS 6 4 .BHJTUSBUF +VEHF ,BSMB 3 4QBVMEJOH PG UIF 6 4 %JTUSJDU $PVSU GPS UIF .JEEMF %JTUSJDU PG 'MPSJEB .SP[ IBT BMTP QSBDUJDFE XJUI 0HMFUSFF %FBLJOT /BTI 4NPBL 4UFXBSU BOE *DF .JMMFS CPUI MPDBUFE JO *OEJBOBQPMJT 4IF JT UIF BVUIPS PG TFWFSBM BSUJDMFT UIBU IBWF BQQFBSFE JO QVCMJDBUJPOT TVDI BTÍ&#x192;The Federal Lawyer, the Inside Edge E-Newsletter, QuickCounsel and BizVoice. .SP[ FBSOFE IFS + % Í&#x192;summa cum laudeÍ&#x192;GSPN UIF *OEJBOB 6OJWFSTJUZ 4DIPPM PG -BX *OEJBOBQPMJT XIFSF TIF served as executive articles editor for the Indiana Law Review. Prior to law school, she pursued graduate work BU %VLF 6OJWFSTJUZ BOE XBT B HSBEVBUF UFBDIJOH BTTJTUBOU BU UIF %VLF 6OJWFSTJUZ %JWJOJUZ 4DIPPM )FS # " JT from Calvin College.

.BSHBSFU 7 4BDIT

%BWJE & 4IJQMFZ

â&#x20AC;&#x153;Superstar Judges as Entrepreneurs: The Untold Story of Fraud-on-the-Marketâ&#x20AC;? in 48 U.C. Davis Law Review (forthcoming 2015).

â&#x20AC;&#x153;The Preliminary Injunction Standard in Diversity: A Typical Unguided Erie Choiceâ&#x20AC;? in 50 Georgia Law Review (forthcoming); and â&#x20AC;&#x153;The Empty Promise of VARA: The Restrictive Application of a Narrow Statuteâ&#x20AC;? in 83 Mississippi Law Journal 985 (2014).

-PHBO & 4BXZFS *** â&#x20AC;&#x153;National League of Cities v. Usery and the Return of Constitutional Federalismâ&#x20AC;? in 91 University of Denver Law Review 221 (2014); book review of Against the ProďŹ t Motive: The Salary Revolution in American Government, 1780â&#x20AC;&#x201C;1940 by N. Parrillo in 74 Journal of Economic History 630 (2014); and â&#x20AC;&#x153;Legal History in Contextâ&#x20AC;? in Teaching Legal History: Comparative Perspectives (Widley & Sons, 2014).

"MFYBOEFS 8 4DIFSS Editor of and contributing author to Learning from Practice, 3d ed. (Thomson West, forthcoming 2015).

36

Advocate 2015

+BNFT $ 4NJUI Glannon Guide to Property, 3d ed. (Wolters Kluwer, 2015); and Real Estate â&#x20AC;&#x201C; Emanuel Law Outline, 3d ed. (Wolters Kluwer, 2015) (with R. Malloy).

-BSSZ % 5IPNQTPO

Christian Turner â&#x20AC;&#x153;Origins of the Public/Private Theory of Legal Systemsâ&#x20AC;? in Private Law: Key Encounters with Public Law (K. Barker and D. Jensen eds.) (Cambridge University Press, 2014).

$BNJMMB & 8BUTPO â&#x20AC;&#x153;SFRs and Problems in Tax Administration and Enforcementâ&#x20AC;? in 146 Tax Notes 363 (2015) (reprinted in 2015 Tax Notes Today 12-12, Jan. 20, 2015); and â&#x20AC;&#x153;Tax Lawyers, Ethical Obligations and the Duty to the Systemâ&#x20AC;? in Ethical Duties to the Tax System: A Handbook (S. Schumacher and M. HatďŹ eld eds.) (University of Washington, 2015) (reprinted from 47 Kansas Law Review 847 (1999)).

$BSPM " 8BUTPO + %

â&#x20AC;&#x153;The Open Access Advantage for American Law Reviewsâ&#x20AC;? in 3A Edison: Law and Technology 1 (2015) (with J. Donovan and C. Osborne), available at www.jptos. org/uploads/edison/edison2015-03A.pdf.

.JDIBFM - 8FMMT Constitutional Torts, 4th ed. (LexisNexis, forthcoming 2015) (with T. Eaton, S. Nahmod and F. Smith); â&#x20AC;&#x153;Constitutional Remedies: Reconciling QualiďŹ ed Immunity with the Plaintiff â&#x20AC;&#x2122;s Right to Vindicationâ&#x20AC;? in the St. Johnâ&#x20AC;&#x2122;s University Law Review (forthcoming 2015); and Federal Courts, 3d ed.

(Thomson/West, 2015) (with W. Marshall and G. Nichol).

4POKB 3 8FTU â&#x20AC;&#x153;Student Press Exceptionalismâ&#x20AC;? in 2 Education Law and Policy Review (forthcoming 2015) (invited) (peer reviewed); â&#x20AC;&#x153;The Stealth Press Clauseâ&#x20AC;? in 48 Georgia Law Review 730 (2014); â&#x20AC;&#x153;Press Exceptionalismâ&#x20AC;? in 127 Harvard Law Review 2434 (2014); and â&#x20AC;&#x153;First Amendment Neighborsâ&#x20AC;? in 66 Alabama Law Review 357 (2014).

â&#x20AC;&#x153;In-sourcing Corporate Responsibility for Enforcement of the Foreign Corrupt Practices Actâ&#x20AC;? in 51 American Criminal Law Review 199 (2014). www.law.uga.edu

Inaugural Fellows selected for Georgia Sea Grant Legal Program Annual Superior Court judges reception Georgia Law alumni/alumnae and friends attended a law school reception in honor of the state’s Superior Court judges, who were in Athens for their annual winter seminar. Several members of the Class of 1978, who are all current Superior Court judges, paused for a photo together: (l. to r.) Lark Ingram, Robert Mumford, Brenda Trammell, Wade Crumbley, Mary Staley and Penny Haas Freesemann.

Two Georgia Law students were selected as the inaugural Fellows of the Georgia Sea Grant Legal Program, which is a partnership between Georgia Sea Grant and the Carl Vinson Institute of Government at UGA. Third-year student Hunter Jones (left) and second-year student Amble Johnson worked with legal and policy experts to address environmental questions facing policymakers in coastal Georgia communities.

Law School Life

State Bar of Georgia Midyear Meeting reception Georgia Law alumni/alumnae gathered in January at McKenna Long & Aldridge for a reception held in conjunction with the State Bar of Georgia Midyear Meeting in Atlanta. Pictured are: (l. to r.) Natalie Woodward (J.D.’02), Utrophia Robinson (J.D.’14), Director of Advocacy Kellie Casey (J.D.’90), Maggy Randels (J.D.’14) and Allison Hill (J.D.’14).

Law review editors meet with federal judge U.S. District Court for the Northern District of Georgia Judge Leigh Martin May (J.D.’98) recently visited Georgia Law, where she met with the Georgia Law Review executive boards for the 2014–15 and 2015–16 academic years. At the gathering there was an opportunity to get a photo of five editors-in-chief – past, present and future – of the publication: (l. to r.) Professor Elizabeth Weeks Leonard (J.D’99), second-year student Peyton Bradford, Executive Director of UGA Legal Affairs Michael Raeber (J.D.’93), thirdyear student Evelyn French and May.

2015 BLSA Banquet The DavenportBenham Chapter of the Black Law Students Association held a banquet in the spring for past and present members, t d t Ri t TTucker k (J D’74) including: (l. to r.) first-year student Riane Sh Sharpe; NNyota (J.D. ’74), the first African-American female graduate of Georgia Law; and first-year students Ashley Smith and Jamila Toussaint. All four women earned their undergraduate degrees from Howard University.

View more photos from this year’s law school events at www.law.uga.edu/photo-gallery.

Advocate 2015

37

STUDENT BRIEFS

Student ProďŹ les

+POBUIBO 4UVBSU 'JOEJOH IJT PXO EJSFDUJPO

R

ising third-year law student Jonathan J. Stuart is forging his own path. He is the ďŹ rst member of his immediate family to leave his home in the Bahamas to come to the United States, the ďŹ rst to graduate college and the ďŹ rst to attend law school. After watching his mother, whom he refers to affectionately as â&#x20AC;&#x153;Mummy,â&#x20AC;? and his father work tirelessly for decades, Stuart knew he had to pursue a new direction for himself.

Stuartâ&#x20AC;&#x2122;s mother has been employed with Scotiabank since graduating from high school. She works in the compliance department with attorneys who ensure the bank is following applicable rules and regulations. When he was younger, Stuart would often accompany his mother to her job and was inspired by their work. â&#x20AC;&#x153;Growing up I would talk to these attorneys, and I thought it was really interesting stuff,â&#x20AC;? he said. â&#x20AC;&#x153;I found that they were real shakers in the company. They made stuff happen. I always liked that about the attorneys from her job and thatâ&#x20AC;&#x2122;s what made me want to be an attorney. I felt like I could be a mover and a shaker.â&#x20AC;?

Stuartâ&#x20AC;&#x2122;s uncle, a practicing dentist and faculty member at the Harvard School of Dental Medicine, encouraged him to attend college in the United States, and more speciďŹ cally in the South, feeling the atmosphere and culture here is most similar to the Bahamas. â&#x20AC;&#x153;My uncle went to school up North and it was cold and you have to fend for yourself. Thereâ&#x20AC;&#x2122;s a different feeling [in the South],â&#x20AC;? Stuart said. â&#x20AC;&#x153;Itâ&#x20AC;&#x2122;s friendly. People are always saying good morning; always recognizing people; looking them in the eye and treating someone like theyâ&#x20AC;&#x2122;re a person, not just a means to an end.â&#x20AC;?

Stuart took his uncleâ&#x20AC;&#x2122;s advice and attended Valdosta State University as an accounting and ďŹ nance major. He continued to branch out by joining the Alpha Phi Alpha fraternity, despite not knowing what a fraternity was. The experience put him out of his comfort zone in several ways, from meeting new people to trying ballroom dancing.

After graduation, Stuart decided to stay in the state he had come to call home and enrolled at Georgia Law. As a ďŹ rst-year student he joined the Davenport-Benham Chapter of the Black Law Students Association and recognized the beneďŹ ts it had for himself and his classmates. He remained active in the organization and served as president during his second year, realizing he could help others who were also traveling in unchartered territory. â&#x20AC;&#x153;[As president,] my responsibility is to work to make sure thereâ&#x20AC;&#x2122;s a good community at Georgia Law for black students,â&#x20AC;? Stuart said. â&#x20AC;&#x153;Some students probably donâ&#x20AC;&#x2122;t have any family members who are lawyers. Some may be like I am, the only person from their family who even graduated from college. I want to be part of the support system for all of these people.â&#x20AC;?

+BLF 8FMEPO " NBO PG GBNJMZ BOE GBJUI

R

ecent Georgia Law graduate Jacob A. â&#x20AC;&#x153;Jakeâ&#x20AC;? Weldon has always been a family man. He grew up in a close-knit family in Barnesville, Georgia, as one of four boys. By the time he was 12, he was working with his brothers and father in their family business, M&D Masonry.

After the events of Sept. 11, and with aspirations of eventually becoming an FBI agent, Weldon seized the opportunity to join the U.S. Marine Corps. As a ground intelligence ofďŹ cer, he served two tours in Iraq and Afghanistan. One of the most rewarding aspects of his deployments was his ability to have a positive impact on local families. â&#x20AC;&#x153;We opened a school in Afghanistan that the Taliban had closed for a long time.

Within a few days it was full,â&#x20AC;? Weldon said. â&#x20AC;&#x153;Parents were getting threatened by the Taliban but they were still sending their kids to school.â&#x20AC;?

At the end of his military service, for reasons from technological glitches to budget cuts, Weldon struggled with a prolonged application process with the FBI. This became www.law.uga.edu

STUDENT BRIEFS

Carol Williamson: An adventurer at heart

W

hen talking with rising second-year student Carol L. Williamson, one of the first things she will tell you about is her love for adventure – whether that means taking a road trip to visit friends living in new cities or flying in a puddle-jumper plane to summit Mount Kilimanjaro while recovering from malaria.

The travel spark ignited during Williamson’s junior year of high school, when she left her family and small private school in Savannah, Georgia, to live with a host family for a year in Rome, Italy.

The influential experience helped her choose her undergraduate major, international affairs. In her junior year at UGA, she was awarded a scholarship to fund an internship she would complete in Ghana through the university’s Honors Program. During her month in Africa, Williamson worked on projects like helping the people of Ghana understand the rules of their new Constitution and setting up schools for freed child slaves.

Williamson’s work in Ghana ultimately influenced her next adventure: teaching for two years in rural Hazlehurst, Mississippi, in the Teach for America program.

“Setting up the schools [in Ghana] really pushed me into applying for Teach for America [and deciding] that maybe I didn’t want to go straight into law school,” Williamson said.

“I was really passionate about going back over to Ghana, or anywhere in Africa, and just helping. You see a lot and you think ‘that’s unfair.’ Then I realized all the problems I saw there. …

There are equally terrible problems in the education system and for children growing up in America.”

Williamson’s job teaching introduced her to new challenges daily.

After training an entire summer to teach third grade, she was told she would be teaching 125 sixth graders. While she considers herself to be an “English/history-person,” she was instructed to teach math and science. There were also social barriers she would face.

“I had to learn to be comfortable talking about race with my students,” Williamson said. “Just the fact that I was white made me an alien to them. I crossed a lot of cultural boundaries that I had never crossed before. … I was out of my element, but by the end of my time there, [the entire school community] was my second family.”

As her time teaching came to an end, Williamson applied to law school. Her parents, Georgia Law graduates J. Reid Williamson III (J.D.’85) and Wendy W. Williamson (J.D.’85), warned her about the heavy workload and long hours facing her in law school and a legal career. True to her character, the younger Williamson is rising to the challenge.

“My mom has always said I’m her ‘adventurer,’” Williamson said. “I love to get out and try new things, whether it’s going to a new restaurant or going to a new country, or meeting new people, trying something [new] or challenging myself. … I always like to have something new on the horizon, and I’m aware of a learning curve. I’m not afraid to go out and know that I’ll probably fail something at first and then figure it out.”

a blessing in disguise as it gave him time to travel to Roatan, Honduras, where he met his wife, Sarah. The two were married 11 months later and welcomed their first daughter two years to the day after they met. Becoming a husband and father changed Weldon’s plans.

“The FBI no longer had the same appeal to me,” he said. “I thought I would be able to serve in a different capacity and be a better father and family man by starting my own law practice.

That’s been my goal in law school.”

Earning a law degree was far from easy for Weldon, as his wife and two daughters lived in his hometown with his family in middle Georgia while he commuted to Athens each week for class.

“If it weren’t for my faith, I can say with 100 percent certainty I wouldn’t have been able to do it. I think God gives us the strength to do what he’s called us to do,” Weldon said.

His faith also prompts Weldon to be influential in the lives of others. He and his brothers are leaders in the boys’ Sunday school class at their church, and they participate in mission trips to Haiti to aid orphans impacted by the 2010 earthquake.

“I would encourage anyone to do that sort of thing,” Weldon said. “It really puts things in perspective and helps you to appreciate the little things you have. When you can appreciate the little things, being happy and being content in any given situation, it becomes a lot easier.”

Weldon dreams of starting his own law practice and is unsure about what his future holds. What he does know is this: “I want to be the best father and husband I can be. That’s a constant as far as what I’ll be doing. I’ve learned that we have our plans and God has his. I’m open to what he calls me to do.”

—All profiles by Courtney Lee Brown

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STUDENT BRIEFS

(FPSHJB -BX BEWPDBDZ UFBNT DBQUVSF POF OBUJPOBM championship and have strong finishes in others /BUJPOBM 5SJBM "EWPDBDZ 5PVSOBNFOU Georgia Law won the ďŹ rst ever National Trial Advocacy Tournament this past fall. Third-year students Garrett S. Burrell, Joshua H. â&#x20AC;&#x153;Joshâ&#x20AC;? Dorminy, Whitney T. Judson and Ashley R. Wright teamed up to bring home the top trophy. Additionally, Dorminy was named as the best advocate of the ďŹ nal round, and Judson was selected for delivering the best closing argument in the preliminary rounds.

Andrews Kurth .PPU $PVSU /BUJPOBM Championship

Representing Georgia Law in mock trial competitions during the 2014â&#x20AC;&#x201C;15 year were: (l. to r.) third-year students Patrick Najjar, Josh Dorminy, Whitney Judson and Andrew Whittaker. Not pictured: third-year students Garrett Burrell and Ashley Wright and second-year student Meredith Gardial.

UI "OOVBM 8JMMJBN 8 %BOJFM /BUJPOBM Invitational Mock Trial Competition Third-year students Joshua H. â&#x20AC;&#x153;Joshâ&#x20AC;? Dorminy, Whitney T. Judson, Patrick A. Najjar and Andrew M. Whittaker and second-year student Meredith A. Gardial ďŹ nished the William W. Daniel National Invitational Mock Trial Competition as ďŹ nalists. The team was coached by Prosecutorial Clinic Program Director Alan A. Cook (J.D.â&#x20AC;&#x2122;84) in this contest.

UI "OOVBM -FHBM Ethics and Professionalism Moot Court Competition Georgia Law ďŹ nished as ďŹ nalists in the Legal Ethics and Professionalism Moot Court Competition held in the fall.

Third-year students Spencer E. Schold and Chelsea E. Ivey represented the law school in this tournament.

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Advocate 2015

Third-year students Chelsea Ivey (left) and Spencer Schold competed in the Legal Ethics and Professionalism Moot Court Competition.

Third-year students Candace D. Farmer, M. Laughlin Kane and Alicia N. Luncheon completed the Andrews Kurth Moot Court National Championship as semiďŹ nalists. This invitationonly tournament is for the top 16 moot court programs from across the country (based on performances during the 2013â&#x20AC;&#x201C;14 academic year), and our students prepared the third best brief of the contest.

Georgia Lawâ&#x20AC;&#x2122;s Andrews Kurth Moot Court National Championship team included third-year students: (l. to r.) Candace Farmer, Laughlin Kane and Alicia Luncheon.

'MPSJEB (FPSHJB )VMTFZ (BNCSFMM Moot Court Competition UGA continues to dominate in the annual courtroom battle with the University of Florida. This tournament is traditionally held the Friday before the Georgia-Florida football game. Second-year students Aaron D. Parks and E. Keith Hall secured the win for Georgia Law this academic year. The law schoolâ&#x20AC;&#x2122;s overall record in the competition is now 21-9-2.

Continuing the winning tradition in the Florida/ Georgia-Hulsey/Gambrell Moot Court Competition were second-year students Keith Hall (left) and Aaron Parks.

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STUDENT BRIEFS

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(FPSHJB -BX IBE UXP UFBNT representing the school in two EJòFSFOU SFHJPOBM 5SBOTBDUJPOBM -BX.FFU DPNQFUJUJPOT UIJT academic year. Both returned to Athens after earning recognition among their peers for their drafting and negotiation skills.

Third-year students Katherine P. â&#x20AC;&#x153;Kateâ&#x20AC;? #FMM BOE "OEZ 4IJO BOE TFDPOE ZFBS TUVEFOU $IMPF 4 3JDLF XFSF OBNFE champions at the southeastern regional of the national negotiation tournament.

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alumni jobs board t RĂŠsumĂŠ collections

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| cdo@uga.edu XXX MBX VHB FEV FNQMPZFST

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Photo by Dennis McDaniel.

COMMENCEMENT

Before the ceremony (l. to r.) Hannah Jarrells, Ann Tipton Lesslie, Hali Hill and Jill Hauserman smile for the camera.

Photo by Dennis McDaniel.

Photo by Dennis McDaniel.

Graduates (l. to r.) Bradford Patterson, Michael Johnson, Michael MacBride and Zack Kelehear pause for a photo during the dayâ&#x20AC;&#x2122;s celebration.

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View more 2015 commencement photos at www.law.uga.edu/photo-gallery.

Order of the Coif named Each year, the Georgia Law community gathers to recognize the outstanding achievements of its students and faculty during Awards Day. Honors range from outstanding performance in an individual class to induction into the schoolâ&#x20AC;&#x2122;s Order of the Coif, which is one of the highest academic accolades a recent law school graduate can receive as membership is reserved only for those who ďŹ nish in the top 10 percent of the class.

Class of 2014 Order of the Coif inductees include: (front, l. to r.)

Katie Oâ&#x20AC;&#x2122;Shea, Bryan Lutz, Lindsay Jones, Allison Hill, Victoria Cuneo, Ellen Clarke, Anne Baroody, Brian Abrams, (back, l. to r.)

Dennis Vann, Matthew Traut, Steven Strasberg, Jordan Seal, Kimberly Scott, Maggy Randels and Thomas Powell.

Also inducted but not pictured are: Wayne Cartwright, Melissa Conrad-Alam, Joseph Crumbley, Charles McCranie, Joe Reynolds, James Roberts and Koleen Sullivan.

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www.law.uga.edu

22015 015

Photo by Dennis McDaniel.

CLASS of

(FPSHJB -BX BMVNOVT 4UFWF +POFT 6 4 %JTUSJDU $PVSU KVEHF GPS UIF /PSUIFSO %JTUSJDU PG (FPSHJB QSFTFOUFE the keynote address at this yearâ&#x20AC;&#x2122;s Commencement ceremony.

5SJTIB 4UBSLT UBLFT a moment to snap a photo with her great uncle 8JMMJBN 3PHFST

+POFT FODPVSBHFT HSBEVBUFT UP CF â&#x20AC;&#x2DC;drum majors for justiceâ&#x20AC;&#x2122; 4FSWJOH BT LFZOPUF TQFBLFS BU UIJT ZFBS T $PNNFODFNFOU XBT 4UFWF $ +POFT + % 6 4 %JTUSJDU $PVSU KVEHF GPS UIF /PSUIFSO %JTUSJDU PG (FPSHJB

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+POFT DPNNFOEFE UIF HSBEVBUFT GPS UIFJS DPNNJUNFOU UP GBDJOH challenges and overcoming hardships and for being â&#x20AC;&#x153;such an outstanding graduating class.â&#x20AC;? )F TBJE i:PVS BDDPNQMJTINFOUT IFSF BU 6(" BSF NBOZ BOE * IBWF OP EPVCU that each one of you all will be very successful attorneys in whatever practice of law you enter.â&#x20AC;? +POFT JEFOUJĂśFE UISFF DPODFQUT UIBU IF CFMJFWFT NBLF BO BUUPSOFZ TVDDFTTGVM responsibility, honor and service. )F FYQMBJOFE UIF SFTQPOTJCJMJUZ PG SFQSFTFOUJOH UIF MFHBM QSPGFTTJPO i8IBU ZPV EP PS TBZ JO FWFSZ SFTQFDU PG ZPVS MJGF XJMM IBWF BO FòFDU PO UIF publicâ&#x20AC;&#x2122;s view and how the public thinks about lawyers,â&#x20AC;? he said. â&#x20AC;&#x153;You will have the responsibility to represent the legal profession in a positive manner. In the communities you go to live in, you will be the symbol for the law. Through your words and actions, you will become the face of the legal profession.â&#x20AC;?

5P IBWF UIF PQQPSUVOJUZ UP CF B MBXZFS JT BO IPOPS +POFT BEEFE George Ray (right DFOUFS UIF JOBVHVSBM ,FOOFUI - .JMMXPPE 4DIPMBSTIJQ SFDJQJFOU enjoys the day with his father, George M. 3BZ 4IBSSPO .JMMXPPE and his mother, Patsy 3BZ SJHIU

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Being a lawyer is â&#x20AC;&#x153;a privilege that you must respectâ&#x20AC;? and you should be thankful for the opportunity. â&#x20AC;&#x153;It is a tremendous honor to have someone trust you to SFQSFTFOU UIFN w +POFT TBJE )F BMTP FODPVSBHFE HSBEVBUFT UP XPSL UP NBLF B EJòFSFODF JO TPDJFUZ UISPVHI helping others. â&#x20AC;&#x153;I highly recommend to you that one of the best ways to represent the legal profession is through community service,â&#x20AC;? he said. â&#x20AC;&#x153;One of the greatest opportunities you will have as a lawyer is serving other people.â&#x20AC;? *O DMPTJOH +POFT DIBMMFOHFE HSBEVBUFT UP iCFDPNF ESVN NBKPST GPS KVTUJDF w UP NBLF B EJòFSFODF JO UIFJS DPNNVOJUJFT BOE UP CFDPNF TZNCPMT PG UIF MBX )F BMTP BTLFE UIFN UP SFNFNCFS POF MBTU UIJOH i*U T HSFBU UP CF B (FPSHJB #VMMEPH w

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43

ALUMNI/ALUMNAE ACTIVITIES

Join the Challenge â&#x20AC;Ś Maybe itâ&#x20AC;&#x2122;s to support students like Hannah â&#x20AC;Ś She is a Georgia resident who, from age seven, knew she wanted to be a lawyer. â&#x20AC;&#x153;Actually, when I was seven, I wanted to be on the Supreme Court,â&#x20AC;? she said. Though she applied to numerous law schools throughout the South, it was Georgia Lawâ&#x20AC;&#x2122;s generous scholarship offer that made law school a possibility for her. After one year, Hannah has made a strong impression.

Director of Advocacy Kellie Casey (J.D.â&#x20AC;&#x2122;90) said Hannah has the â&#x20AC;&#x153;outstanding advocacy skillsâ&#x20AC;? needed to be a future lawyer.

A gift to the Law School Fund is an investment in students like Hannah.

Maybe itâ&#x20AC;&#x2122;s to support the next generation of leaders â&#x20AC;Ś Georgia Law alumni have simultaneously led all three branches of state government â&#x20AC;&#x201C; executive, judicial and legislative â&#x20AC;&#x201C; twice in Georgiaâ&#x20AC;&#x2122;s history. Georgia Law graduates include 11 governors, numerous U.S. and state senators and representatives, distinguished federal and state judges and prominent community and business leaders.

A gift to the Law School Fund is an investment in our future leaders.

Maybe itâ&#x20AC;&#x2122;s to support your own professional advancement â&#x20AC;Ś If you are like the majority of Georgia Law alumni/alumnae, you have tremendous pride in your law school. You expect your law school to have a dedicated faculty of excellent teachers, scholars and practitioners. You understand it must continuously align its curriculum to better meet the needs of the demanding legal marketplace. You want it to provide a ďŹ rst-rate legal education to your future colleagues. You believe alumni/

alumnae investment increases the value and prestige of your law degree.

A gift to the Law School Fund is an investment in the legal profession.

Whatever your reasons for giving to Georgia Law â&#x20AC;Ś Your charitable gift has never been more critical. Since the climate surrounding todayâ&#x20AC;&#x2122;s law schools is increasingly competitive (rising tuition costs, declining applications and uncertainties in the legal employment marketplace), private giving to this law school provides the margin of excellence you have come to expect from your legal alma mater.

Your charitable gift has never had the potential to be more powerful than it does this year.

A Challenge Fund In support of Dean Peter B. â&#x20AC;&#x153;Boâ&#x20AC;? Rutledgeâ&#x20AC;&#x2122;s vision, several benefactors established a Challenge Fund that will match, dollar for dollar, all new and increased gifts to the Law School Fund.

The Law School Fund has been strategically realigned to place an even greater emphasis on scholarship funding. This Law School Fund will direct more resources to scholarship funding than ever before. For example, your new Law School Fund gift of $250, with the Challenge Fund, will have the impact of a $500 gift.

Our goal is to raise signiďŹ cant new money for new scholarships â&#x20AC;&#x201C; as many as 60 new three-year scholarships at the $5,000 level for your future colleagues: tomorrowâ&#x20AC;&#x2122;s local, state and national leaders; and students just like Hannah.

No more maybes, join the challenge.

Moser to lead advancement team 0O .BZ "OOF 4 .PTFS CFDBNF UIF JOUFSJN TFOJPS EJSFDUPS PG EFWFMPQNFOU BU (FPSHJB -BX 4IF UBLFT PWFS UIF MFBEFSTIJQ PG UIF 0ĂłDF PG -BX 4DIPPM "EWBODFNFOU GSPN (SFHPSZ $ i(SFHw 4PXFMM + % XIP TFSWFE BT UIF MBX TDIPPM T TFOJPS EJSFDUPS PG BEWBODFNFOU BOE BT B BO BEKVODU professor for the past three years and who has provided the law school with numerous years of WPMVOUFFS TFSWJDF JODMVEJOH CFJOH QSFTJEFOU PG UIF -BX 4DIPPM "TTPDJBUJPO JO o .PTFS IBT CFFO B NFNCFS PG UIF MBX TDIPPM T TUBò GPS NPSF UIBO POF EFDBEF 4IF IBT TFSWFE BT UIF schoolâ&#x20AC;&#x2122;s director of development and, most recently, as its principal gifts officer. Throughout her UFOVSF TIF IBT XPSLFE UP TFDVSF QSJWBUF EPOBUJPOT UP TVQQPSU UIF TDIPPM T FòPSUT JO QSPWJEJOH first-rate legal training and producing world-class scholarship in service to our state and nation.

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www.law.uga.edu

ALUMNI/ALUMNAE ACTIVITIES

3PC 4XBSUXPPE "OTXFSJOH B DBMM UP TFSWF

â&#x20AC;&#x153;I

had always envisioned from a young age that I would do several things. I would become an Army ofďŹ cer. I would become an airborne ranger. I would go to West Point, and I would lead soldiers in combat,â&#x20AC;? said 2009 Georgia Law alumnus Robert L. â&#x20AC;&#x153;Robâ&#x20AC;? Swartwood II. â&#x20AC;&#x153;And then all of those things happened to me.â&#x20AC;?

Swartwood has always aspired to serve and spent most of his formative years orienting around these military ambitions, considering serving his country and fellow man to be a calling rather than a goal.

He spent three years as an enlisted soldier before enrolling in the U.S. Military Academy at West Point. Just three months after his graduation, the terror attacks of Sept. 11 shook the foundation of the nation. Four months after arriving at his ďŹ rst assignment, Swartwood â&#x20AC;&#x201C; then an infantry ofďŹ cer in the 82nd Airborne Division â&#x20AC;&#x201C; was placed in charge of the lives of 82 men on the Afghanistan-Pakistan border.

Swartwood looks back on his military career with fondness, attributing much of his development and preparation for life to that time. However, after tours in both Afghanistan and Iraq, where he earned two Bronze Star Medals for his combat service, he felt it was time to leave the military and serve in a different way â&#x20AC;&#x201C; through law.

Hailing from Michigan, he and his wife, a Georgia native, discussed moving to the Atlanta area to be close to her family and to raise their own. Thus, he found himself enrolled at Georgia Law.

â&#x20AC;&#x153;What I like most about the law and working with clients is this idea of being their counselor.â&#x20AC;?

Very early into law school, Swartwood developed an interest in business law. He thrived in the area, becoming the president of the Business Law Society in his third year and, with the help of Business Law and Ethics Program Instructor Carol Morgan (J.D.â&#x20AC;&#x2122;79), he assisted with the formation of Georgia Lawâ&#x20AC;&#x2122;s negotiation competition program.

After graduation from law school, Swartwood entered the world of corporate law. â&#x20AC;&#x153;My timing is impeccable,â&#x20AC;? he said. â&#x20AC;&#x153;Just as I graduated from the military academy at a time in which our nation was going to war, I graduated law school at a time when our economy was in the tank.â&#x20AC;?

All jokes aside, Swartwood said he thoroughly enjoys his work as an associate in Sutherland Asbill & Brennanâ&#x20AC;&#x2122;s Atlanta ofďŹ ce. â&#x20AC;&#x153;What I like most about the law and working with clients is this idea of being their counselor,â&#x20AC;? Swartwood said. â&#x20AC;&#x153;With my military experience Iâ&#x20AC;&#x2122;ve been able to earn a lot of trust from clients and engender a spirit of understanding of their plight as business owners and executives who are charged with the responsibility to go into the marketplace and offer a service and return value to the owners of the company. Thatâ&#x20AC;&#x2122;s something I can sympathize with and relate to.â&#x20AC;?

In 2012, Swartwood and his wife became business owners themselves when they took over Ranger Coffee, which is a company that had been started by a West Point classmate. The coffee product is hyper caffeinated, meaning the beans used in the blend are infused with twice as much caffeine as a normal bean. A distinctive feature of their business is the promise that 50 percent of distributed proďŹ ts go toward programs that beneďŹ t and empower veterans. â&#x20AC;&#x153;[Our coffee] is sold for the purpose of making an impact. We believe the veteran community is uniquely postured to come home and serve America even after theyâ&#x20AC;&#x2122;ve decided to stop serving in uniform.â&#x20AC;? Swartwood said. â&#x20AC;&#x153;We want to invest in the programs and organizations that are mentoring [veterans], growing them, helping them transition and making them better stewards of the experiences theyâ&#x20AC;&#x2122;ve been given so that they can go out into the world and continue to serve America in exceptional ways. Thatâ&#x20AC;&#x2122;s our mission.â&#x20AC;?

And it is also another way Swartwood has found to answer the call to serve. â&#x20AC;&#x201D;Courtney Lee Brown

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ALUMNI/ALUMNAE ACTIVITIES

"VESFZ #PPOF 5JMMNBO " OFFE UP VOEFSTUBOE

G

eorgia Law alumna Audrey Boone Tillman (J.D.â&#x20AC;&#x2122;89) has always felt a passion for learning what was interesting to her, even beyond what she needed to know. â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;ve always been led by what is interesting to me, even down to course selection. I took classes as an undergraduate following certain professors,â&#x20AC;? Tillman said. â&#x20AC;&#x153;I would take all ďŹ ve of their courses because I liked their way of thinking, their approach or how they made me think, even outside my major.â&#x20AC;?

This drive followed Tillman to law school, where she continued to mold her studies around what she was attracted to, regardless of what others recommended or how the course might relate to her future career plans. â&#x20AC;&#x153;At [law school], I didnâ&#x20AC;&#x2122;t take some of the â&#x20AC;&#x2DC;coreâ&#x20AC;&#x2122; courses that everyone says, â&#x20AC;&#x2DC;You have to take these.â&#x20AC;&#x2122; I didnâ&#x20AC;&#x2122;t take them. I took Women in the Law, Rights of the ConďŹ ned â&#x20AC;Ś things that were interesting to me,â&#x20AC;? she said. â&#x20AC;&#x153;You have a certain amount of time, right?

Iâ&#x20AC;&#x2122;d rather do something where I will learn or increase my knowledge of the world, rather than â&#x20AC;&#x2DC;Iâ&#x20AC;&#x2122;ve got to do this just for this test.â&#x20AC;&#x2122;â&#x20AC;?

Tillmanâ&#x20AC;&#x2122;s unique style of learning has certainly beneďŹ tted her throughout her career. She began working for AďŹ&#x201A;ac in 1996 in the labor and employment law division with Georgia Law alumni Kathelen V. Amos (J.D.â&#x20AC;&#x2122;82) and Joey M. Loudermilk (J.D.â&#x20AC;&#x2122;78). Though she has served as an executive vice president and as general counsel for the past year, it was her work outside the legal ďŹ eld for the company starting in 2001 that expanded her knowledge of the insurance provider and allowed her to explore new ways to work with people. â&#x20AC;&#x153;Our CEO asked me if I would consider an opportunity to go and lead human resources, which was a big promotion for me, level wise and responsibility wise, because weâ&#x20AC;&#x2122;re not really trained as lawyers to manage people,â&#x20AC;? Tillman said. â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;m typically pretty good with people. It goes back to wanting to understand things and understand people. I always was able to pride myself on being able to get along with people and rally people around a common goal.â&#x20AC;?

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Advocate 2015

Tillmanâ&#x20AC;&#x2122;s work with the employees of AďŹ&#x201A;ac has been a truly public success, with the company being named to Fortuneâ&#x20AC;&#x2122;s â&#x20AC;&#x153;100 Best Companies to Work Forâ&#x20AC;? list for 17 consecutive years. In 2013, she was named to Black Businessâ&#x20AC;&#x2122; â&#x20AC;&#x153;25 InďŹ&#x201A;uential Black Women in Businessâ&#x20AC;? list. While these accolades are certainly nice, they hold a somewhat different meaning for Tillman. â&#x20AC;&#x153;What Iâ&#x20AC;&#x2122;m so pleased with is even if we didnâ&#x20AC;&#x2122;t get any of [the awards], if Fortune didnâ&#x20AC;&#x2122;t say we were one of the 100 best places to work for, our employees would still think so. If Black Enterprise didnâ&#x20AC;&#x2122;t think our company was one of the best places for diversity, our employees would still think so,â&#x20AC;? she said. â&#x20AC;&#x153;I see my role as making sure we are who we say we are.â&#x20AC;?

One thing Tillman said she has learned about managing people is that you do not do it all by yourself. â&#x20AC;&#x153;I am attributed a lot of success and great things because of hard work that people working with me have done,â&#x20AC;? she said. â&#x20AC;&#x153;Conversely, sometimes Iâ&#x20AC;&#x2122;ve taken lumps for things that my hand didnâ&#x20AC;&#x2122;t touch, but itâ&#x20AC;&#x2122;s the team. You have to take everything that comes with it.â&#x20AC;?

Tillman hopes her goals for the company and the work she does inďŹ&#x201A;uence all of those who are watching. â&#x20AC;&#x153;I want everyone to know that me being in the positions Iâ&#x20AC;&#x2122;ve been in, and been afforded the opportunities Iâ&#x20AC;&#x2122;ve been afforded, itâ&#x20AC;&#x2122;s attainable and itâ&#x20AC;&#x2122;s doable,â&#x20AC;? she said. â&#x20AC;&#x153;[Everyone] has the responsibility then to do [their job] well, and to do it so people coming behind [them] will ďŹ nd it easier and it will be better for them.â&#x20AC;? â&#x20AC;&#x201D;Courtney Lee Brown

â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;m typically pretty good with people. It goes back to wanting to understand things and understand people.â&#x20AC;?

www.law.uga.edu

ALUMNI/ALUMNAE ACTIVITIES

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eorgia Law alumnus Richard L. â&#x20AC;&#x153;Rickâ&#x20AC;? Shackelford (J.D.â&#x20AC;&#x2122;79) believes there is something about the health care industry that attracts individuals who are passionate about helping people. He never imagined himself where he is today, but he is hoping to help others ďŹ nd their way.

An avid reader and lover of history since childhood, Shackelford studied the ancient Greco-Roman era as an Honors Program student at UGA. His goal was to obtain a Ph.D. in history, but his plans were altered. â&#x20AC;&#x153;There was a glut of history Ph.D.s as I was told by my faculty adviser at the time, and getting Ph.D. placements would have been difďŹ cult, and ďŹ nding a job would have been difďŹ cult,â&#x20AC;?

Shackelford said. â&#x20AC;&#x153;I remember my faculty adviser saying, â&#x20AC;&#x2DC;You should go to law school. There would be a lot more opportunity.â&#x20AC;&#x2122;â&#x20AC;?

He began law school in 1976 and took summer courses in order to earn his degree by December of 1978, knowing marriage to his wife, Honey, and a job with his brother, 1967 Georgia Law graduate L. Michael â&#x20AC;&#x153;Mikeâ&#x20AC;? Shackelford (now deceased), in real estate law were awaiting him. After a short time working with his brother, he realized real estate law was not what he wanted to do long term, so he began looking for work at business litigation ďŹ rms in Atlanta. He was coming very close to accepting a job at a large law ďŹ rm when an associate at what is now Bondurant Mixson & Elmore â&#x20AC;&#x153;salvaged his rĂŠsumĂŠ out of a trash canâ&#x20AC;? and decided to give him an interview.

When Shackelford accepted the job, Bondurant Mixson & Elmore was one of three ďŹ rms with health care law practices in Atlanta. He worked in business litigation but got involved with those working in the area of health care when they needed his expertise. He enjoyed the work so much that he joined the group full time and specialized in health care litigation/government investigations for almost 35 years.

â&#x20AC;&#x153;There is a high percentage of nice folks in health care, because I think the ďŹ eld attracts that kind of person.â&#x20AC;?

In 1985 Shackelford joined King & Spalding, where he was a partner and practiced until his retirement from law practice in December 2014. While at King & Spalding, he served as the national practice leader of the ďŹ rmâ&#x20AC;&#x2122;s Healthcare Practice Group and became active in the American Health Lawyers Association (AHLA). He served as president of the AHLA during 2010â&#x20AC;&#x201C;11.

As Shackelford approached his retirement, he felt the desire to help others discover what a rewarding ďŹ eld health care law can be. To that end, he teamed up with Georgia Law Professor Elizabeth Weeks Leonard (J.D.â&#x20AC;&#x2122;99) to set up and fund Georgia Law student memberships in the AHLA. â&#x20AC;&#x153;By having those memberships, students get access to all of the content that AHLA publishes, which is a massive amount: updates on existing health care issues; all kinds of regulatory analyses; email alerts of any new policy, law or regulation thatâ&#x20AC;&#x2122;s been adopted; and a great deal of information on the Affordable Care Act, the health care reform law,â&#x20AC;? he said.

Shackelford is pleased with the curriculum in health law that the law school is now offering and is optimistic about the future of health care law and the potential it holds for Georgia Law students. â&#x20AC;&#x153;When you say something is large, complex and highly regulated, itâ&#x20AC;&#x2122;s perfect for lawyers. The need for lawyers is always going to be there,â&#x20AC;? Shackelford said. â&#x20AC;&#x153;Itâ&#x20AC;&#x2122;s a ďŹ eld of people who are interested in health care, and I think many of the people who work in health care companies went there because they want to be involved with the delivery and improvement of health care.

There is a high percentage of nice folks in health care, because I think the ďŹ eld attracts that kind of person.â&#x20AC;?

After 35 years of hard work, Shackelford is looking forward to his retirement. He and his wife have a second home in the Classic City, where they plan to spend a lot of their free time. â&#x20AC;&#x153;I owe so much to the university. Itâ&#x20AC;&#x2122;s a very important part of my life,â&#x20AC;? he said. â&#x20AC;&#x153;That will continue in retirement, and Iâ&#x20AC;&#x2122;ll be spending a lot of time in Athens. My wife and I like to walk our dog through campus. Just seeing the students and being in Athens with young folks around, it helps us feel young. We look forward to that.â&#x20AC;?

â&#x20AC;&#x201D;Courtney Lee Brown

www.law.uga.edu

Advocate 2015

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Hunnicutt, Loudermilk and White given DSS Award

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harles A. â&#x20AC;&#x153;Charlieâ&#x20AC;? Hunnicutt (J.D.â&#x20AC;&#x2122;75), Joey M. Loudermilk (J.D.â&#x20AC;&#x2122;78) and Rebecca Hanner White are this yearâ&#x20AC;&#x2122;s Distinguished Service Scroll Award recipients.

This accolade is the highest honor given by the Law School Association and recognizes outstanding dedication and service to the legal profession and law school.

Hunnicutt serves as senior counsel at Thompson Hine in Washington, D.C., where he leads the ďŹ rmâ&#x20AC;&#x2122;s International Trade and Customs Practice Group. He specializes in all aspects of transportation and logistics, with particular emphasis on government regulatory matters and international policy.

Prior to joining Thompson Hine, Hunnicutt served as the U.S. Department of Transportationâ&#x20AC;&#x2122;s assistant secretary for aviation and international affairs, during which time he was responsible for commercial aviation policy including economic and regulatory issues as well as other international transportation and trade matters. He also gained experience in international trade while serving as legal adviser to the chair of the U.S. International Trade Commission and as executive assistant to the Under Secretary for International Trade at the U.S. Department of Commerce.

Hunnicuttâ&#x20AC;&#x2122;s inďŹ&#x201A;uence at Georgia Law spans four decades. He currently serves as chair of the Dean Rusk Center for International Law and Policy Advisory Board. He has played a role in several Rusk Center conferences focusing on both trade and aviation. He

served as editor-in-chief of the Georgia Journal of International and Comparative Law as a student and has authored articles on both international trade and aviation issues. Additionally, he has served on the law schoolâ&#x20AC;&#x2122;s Board of Visitors.

Active in professional and industry associations, Hunnicutt was a member of the steering committee of the American Bar Associationâ&#x20AC;&#x2122;s International Trade Law Section. He is an active member of the ABA Forum on Air and Space Law. He served as vice president of the American Society of International Law. Additionally, Hunnicutt is a former president and board member of the Washington Foreign Law Society and the International Aviation Club.

Loudermilk currently serves as a judge with the Juvenile Court of Georgiaâ&#x20AC;&#x2122;s Chattahoochee Judicial Circuit, where his primary responsibility is to preside over cases involving children under the age of 17 from Chattahoochee, Harris, Marion, Talbot and Taylor counties.

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B. Avant EdenďŹ eld

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n May 9, 2015, Georgia Law lost an accomplished alumnus, faithful supporter and longtime friend of the law school with the passing of U.S. District Court Judge B. Avant EdenďŹ eld (J.D.â&#x20AC;&#x2122;58). â&#x20AC;&#x153;My family and everyone at the law school extend our deepest personal condolences to Melvis, his wife, and the EdenďŹ eld family,â&#x20AC;?

Dean Peter B. â&#x20AC;&#x153;Boâ&#x20AC;? Rutledge said. â&#x20AC;&#x153;Judge EdenďŹ eld was a man of impeccable character, who cared deeply about history and the power of ideas. He was a ďŹ erce patriot who embodied the ideals of the independent federal judge enshrined in our Constitution.â&#x20AC;?

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Advocate 2015

He earned both his undergraduate and law degrees from UGA. Upon graduation he became an enlisted member of the U.S. Army and the Georgia National Guard. EdenďŹ eld, a Georgia native from Bulloch County, began practicing law with Francis W. Allen in Statesboro in the ďŹ rm that would eventually become Allen, EdenďŹ eld, Brown and Wright. He served as a deputy assistant attorney general of the state of Georgia and was elected to the Georgia State Senate in 1964.

In 1978, he was appointed to the U.S. District Court for the Southern District of Georgia by President Jimmy Carter, a www.law.uga.edu

ALUMNI/ALUMNAE ACTIVITIES He recently retired from Aflac after a 31-year career where he served as general counsel, executive vice president and corporate secretary. In 2013, Loudermilk was selected for Ethisphere Magazine’s list of “Attorneys Who Matter” in leading their companies “to the top of the ethics and compliance world.”

From 2010 to 2011, Loudermilk served on the Georgia Board of Education, a post he was appointed to by then-Gov. Sonny Perdue. He presently serves on the board of Goodwill Industries, the board of directors of Columbus Regional Health and the board of trustees of the Columbus State University Foundation. He is a member and former president of the Rotary Club of Columbus. He also serves as vice chairman of the Harris County Board of Commissioners, where he has been a member since 2008.

Loudermilk is the author of two books. In 1998, his short story, The Lawyer Riddle, won the fiction writing contest sponsored by the Georgia Bar Journal. He has also written a weekly column for the Harris County Journal for the last 11 years.

Loudermilk graduated with honors from Georgia State University in 1975 before attending Georgia Law. He worked in private law practice in Columbus before joining Aflac in 1983 as head of the company’s newlyformed legal department.

White served as the leader of the law school from 2003 to 2014.

Highlights from her deanship can be found on page 22.

She joined the law school’s faculty in 1989 and served as associate provost and associate vice president of academic affairs for UGA prior to being named the first female dean in Georgia Law history. In 2000, White received the Josiah Meigs Award, UGA’s highest honor for teaching excellence. She has been selected by law students six times as the recipient of the Faculty Book Award for Excellence in Teaching and has also received the O’Byrne Memorial Award for Significant Contributions Furthering Student-Faculty Relations. She served as a UGA Senior Teaching Fellow in 2000–01 and has been inducted into UGA’s Teaching Academy. In 2002, she was selected as a Senior Faculty Fellow for the university’s Foundation Fellows Program.

White’s scholarship has been cited by federal and state courts across the country and includes numerous articles on employment discrimination and labor law. In addition, she is a co-author of Employment Discrimination and Cases and Materials on Employment Discrimination.

U.S. District Court Judge B. Avant Edenfield (J.D.’58) received the law school alumni association’s highest honor, the Distinguished Service Scroll Award, in 2008.

position he held for nearly three decades. He served as chief judge from 1990 to 1997 and assumed senior status in 2006, after which he was still a constant presence at the federal courthouses in Savannah and Statesboro.

In 2008, he received the law school alumni association’s highest honor, the Distinguished Service Scroll Award.

Edenfield is survived by his wife, Melvis; his brother, Gerald; his sister, Susie Waters; and numerous nieces and nephews. www.law.uga.edu

Notable judicial appointments Below are some of the Class Notes “notables” from December 2013 to April 2015 showcasing recent federal and state judicial appointments of Georgia Law alumni/alumnae. For a full listing of all Class Notes, please visit www.law.uga.edu/alumni.

Julie E. Carnes (J.D.’75)

U.S. Court of Appeals for the Eleventh Circuit

Ron Mullins (J.D.’76)

Chattahoochee Judicial Circuit Superior Court

R. Chris Phelps (J.D.’76)

Northern Judicial Circuit Superior Court

Joey M. Loudermilk (J.D.’78)

Chattahoochee Judicial Circuit Juvenile Court

Brenda G. Trammell (J.D.’78)

Ocmulgee Judicial Circuit Superior Court

Jane Cook Barwick (J.D.’79)

Fulton County Superior Court

Clay D. Land (J.D.’85)

U.S. District Court for the Middle District of Georgia (chief judge)

J. Kelly Brooks (J.D.’87)

Waycross Judicial Circuit Superior Court

Marcia M. Ernst (J.D.’87)

Sandy Springs Municipal Court

Suzanne Smith (J.D.’88)

Cherokee Judicial Circuit Superior Court

Kelly A. Lee (J.D.’93)

Fulton County Superior Court (Drug Court)

M. Keith Siskin (J.D.’97)

Sixteenth Judicial District Circuit Court for the State of Tennessee (presiding judge)

Dean C. Bucci (J.D.’97)

Paulding Judicial Circuit Superior Court

Leigh Martin May (J.D.’98)

U.S. District Court for the Northern District of Georgia

R. Stanley “Stan” Baker (J.D.’04) U.S. District Court for the Southern District of Georgia (magistrate judge) Hillary A. Cranford (J.D.’07)

Cobb County Probate Court

Advocate 2015

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Non-Profit Org. U.S. Postage

PAID Permit No. 165 Athens, GA

Jere W. Morehead UGA President president@uga.edu Kelly Kerner UGA Vice President for Development and Alumni Relations kkerner@uga.edu Peter B. â&#x20AC;&#x153;Boâ&#x20AC;? Rutledge School of Law Dean borut@uga.edu

Why I Made a Planned Gift to Georgia Lawâ&#x20AC;Ś

Ronald S. Cooper (J.D.â&#x20AC;&#x2122;69)

â&#x20AC;&#x153;I owe the law school a substantial debt. It provided me with a ďŹ rst-rate legal education and its moot court program gave me my ďŹ rst exposure to the principles of advocacy. The faculty encouraged me to seek, and helped me obtain, a Fifth Circuit clerkship and later provided my ďŹ rst toehold in Washington, D.C., and the federal government. The contributions I have made, and will continue to make, to the school are only a partial repayment of this debt.â&#x20AC;?

â&#x20AC;&#x153;Being a graduate of the University of Georgia School of Law has provided me with a wealth of opportunities. I am the fortunate beneďŹ ciary of many great Georgians who have gone before me. Their legacy makes me proud to call Georgia Law home. By making a planned gift to the law school, I am privileged to help ensure that its tradition of excellence endures for future generations.â&#x20AC;?

C. Knox Withers (J.D.â&#x20AC;&#x2122;05)

Individuals who support the University of Georgia School of Law with a planned gift are members of the Verner F. Chaffin Society.

A planned gift can be made in a variety of ways but some of the most common and effective tools include: the assignment of a life insurance policy, a retirement plan asset, a charitable gift annuity or an outright bequest in a will.

Gifts for any amount may be directed to a particular purpose at the School of Law â&#x20AC;&#x201C; such as the Law School Fund, endowed scholarships, faculty funds, law library accounts â&#x20AC;&#x201C; or left unrestricted to enhance our mission of educating the next generation of lawyers and leaders.

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