Memphis Law Magazine | Fall 2014
Punk Rock Planning
The Art of the Possible HEDGING OUR BETS: PENSIONS IN PERSPECTIVE
ATTORNEYS ATTIRE: SETTING THE BAR IN FASHION A publication of the University of Memphis Cecil C. Humphreys School of Law
Fall 2014 | Issue 2
Dean Peter V. Letsou
Executive Editor Ryan Jones
Contributing Writers Ryan Jones Steve Jones Andrew Jay McClurg Toby Sells Alexis Stephens Michael Waddell
Faculty News Editor Katharine Schaffzin
Photography Barry Aslinger Rhonda Cosentino Ryan Jones Sherryl Lockett
Design archer>malmo
Published By The University of Memphis Cecil C. Humphreys School of Law 1 North Front Street Memphis, TN 38103 (901) 678-2421 memphis.edu/law
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The University of Memphis, a Tennessee Board of Regents institution, is an Equal Opportunity/Affirmative Action University. It is committed to education of a non-racially identifiable student body. UOM315-FY1415/5M EM PRINTING
DEAN’S LETTER
Memphis Law: A Safe Harbor in a Perfect Storm The nation’s law schools find themselves in a perfect
How then should law schools respond to the current
storm. Applicants have declined by more than 46%
crisis in legal education? The causes of the crisis
over the last 10 years (from over 100,000 in 2004 to
point the way to solutions.
54,500 today). But the number of ABA-approved law schools continues to grow. The result: national
Law schools need to downsize so the number of
applicant levels are at their lowest in more than three
graduates more closely matches the demand for new
decades, while law school capacity is greater than
lawyers. And there’s good evidence this is already
ever before.
happening. Since 2010, first year enrollment has steadily declined from an all-time high of 52,500 to a
Three principal factors explain the dramatic reversal
more than 30-year low of 39,700. Also, in addition to having one of the most
in law school applications. First, the 2008 financial collapse had an unprecedented impact on law firms
Law schools need to cut their costs so they can
impressive law school buildings in the nation,
and the legal profession, resulting in significant job
reduce tuition levels or at least slow tuition growth.
Memphis Law offers one of the best values in legal
losses at the nation’s law firms and reduced hiring of
During the 1990s and 2000s, when annual tuition
education today. With an in-state tuition level less
new attorneys, especially in 2009 and 2010. While the
increases of 5 to 6 percent or higher went hand in
than half that of the typical private law school (and a
worst of the financial collapse is now behind us, the
hand with growing enrollments, many law schools
recent 37 percent reduction in non-resident tuition,
effects are still with us, with the national hiring rate
increased the sizes of their faculties and added
making Memphis Law one of the most affordable
for recent law school graduates still declining, albeit
expensive new programs. This trend has left many
schools in the nation), Memphis Law now ranks
only slightly, since reaching a 23-year high in 2007.
law schools in financial crisis today, with high fixed
19th in the nation in preLaw magazine’s Best Value
costs and too few students to provide the tuition
rankings.
Second, soaring tuition levels, especially at private
dollars to pay those costs. And Memphis Law’s downtown location in a major
law schools, put a legal education beyond the reach – or at least the risk tolerance – of many potential
Finally, law schools need to change how they teach.
metropolitan market — only blocks from the
law students. The average annual tuition for a private
Law schools can no longer rely on legal employers
courts, government offices, and much of city’s legal
law school reached $42,000 in 2013, a 560 percent
to provide the skills training that law schools fail to
community — uniquely positions us to provide the
increase from the average of $7,500 in 1985. As a
provide. Instead, law schools need to find new ways
kinds of experiential learning opportunities that
result, the typical private law school student can now
to train their students and new ways to engage with
today’s students need and demand.
expect to graduate with approximately $125,000 in
the legal profession to ensure that students and
law school debt.
recent graduates get the skills training they need.
For today’s potential law student at sea in a turbulent
With legal education in such a precarious state, you
educational and economic environment, Memphis
Third, very real questions have arisen about whether
might ask why anyone would choose to attend law
Law offers a safe harbor in a perfect storm.
law schools are providing adequate training for
school today. That’s certainly a good question. But at
their students, especially practical skills training. In
Memphis Law, there’s a very good answer.
Cordially,
the past, law schools invested heavily in doctrinal education and legal theory, leaving skills training
Memphis Law didn’t get bloated in the good times,
to the law firms who would employ their students
so right-sizing our student population for today’s new
following graduation. But with law firms no longer
normal hasn’t resulted in the dislocations that have
able to pass along training expenses to cost-conscious
shaken other schools.
clients, this model is unsustainable.
Peter V. Letsou Dean 2
CONTENTS
FEATURES Punk Rock
Planning
13 PUNK ROCK PLANNING BY TOBY SELLS
Memphis is at the forefront of an emerging form of citizen activism – tactical urbanism – where citizens achieve their goals or focus attention
The Art of the Possible
on their objectives, not through the courts or governmental action, but through direct citizen action. The results are inspiring Memphians to invest in their city and communities in ways that are helping to make Memphis a national model for positive change.
17 HEDGING OUR BETS: A Pension Perspective
BY RYAN JONES & MICHAEL WADDELL With contributions from Toby Sells & The Memphis Flyer and Alexis Stephens & Next City Cities across America face a similar crisis. The issues surrounding the funding of pension funds have led many municipalities to re-think the way they invest and deal with an array of problems associated with the fallout from
13 23
the Great Recession. Memphis is not alone in this struggle, with cities like Chicago and Detroit dealing with their own respective pension crisis, but the Bluff City is better off than its citizens might realize. Examining how other cities fare compared to Memphis puts our pension issues in perspective and sheds some light on the road ahead.
ATTORNEYS ATTIRE: Setting the Bar in Fashion BY RYAN JONES Memphis has its share of memorable personalities and fashion icons and the legal community here is no exception. These members of the Memphis legal community personify style and have become synonymous with at least one memorable piece of fashion amongst the attorneys, judges, and other legal professionals that call Memphis home. We take a look at what sets them apart and what drives their style.
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DIVISIONS 05 BRIEFS:
News + Events
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Honors Prosecution Externship Program BY STEVE JONES Five Memphis Law students received some memorable, real-life legal
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experiences through the Honors Prosecution Externship Program at the Shelby County District Attorney’s Office in 2014.
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STUDENT PROFILE: Cesar Arbelaez Cesar Arbelaez is a third-year student at Memphis Law and the current
president of the newly formed Hispanic Law Students Association (HLSA). He was born in Columbia, moved with his family to Miami, spent his teenage years in Nashville, and ultimately landed in Memphis, where he
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TRUE BLUE: Alumni Spotlight
Karen Clark (JD ’87) is the vice president for Global Legal Division and Global Business Services at Procter & Gamble in Cincinnati, Ohio,
attended the University of Memphis for his undergraduate degree. He is now ready to use his diverse range of experiences to make Memphis a better place.
where she has worked for 27 years in various capacities.
22 Sibling Success
Karen (JD ’87) and Kathy (JD ’86) Clark were born in Chattanooga, Tenn., and attended law school at the University of Memphis Cecil C. Humphreys
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School of Law together, being separated by only one year while in law school. We look at what it was like to go to law school at the same time as your sister and what lessons they took away from the experience, as well as their favorite memories and professors.
25 SETTING THE BAR:
Memphis Law Alumni Class Notes
27 FACULTY ACCOMPLISHMENTS
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MEMPHIS LAW LOWERS TUITION BY RECORD AMOUNT
JAMIE M. JOHNSON NAMED AS NEW LAW SCHOOL REGISTRAR
Beginning this fall 2014 semester, tuition for out-
Jamie M. Johnson has been named law school
of-state students at the University of Memphis
registrar at the University of Memphis School
Cecil C. Humphreys School of Law was lowered
of Law. Her responsibilities include oversight
by 37 percent, from $37,864 to $23,852. This
of the law school registrar’s office and
significant reduction in tuition makes Memphis
duties relating to enrollment verification,
Law one of the most affordable law schools in
managing student’s academic records,
the nation for out-of-state students.
and ensuring the accuracy, integrity,
JOHNSON
BRIEFS: NEWS + EVENTS
maintenance and delivery of all law
MEMPHIS LAW LISTED AS TOP FACILITY BY PRELAW MAGAZINE
school institutional data. Johnson will also work closely with the dean of
PreLaw magazine listed Memphis Law as having the Best Law School Facility in the U.S. in its Fall 2014 issue. The magazine assessed aesthetics, square footage per student on campus, library hours, number of library seats per student on campus,
academic affairs to administer exams, determine class rank, and report grades. A native of Memphis, Johnson attended Hutchison School for high school and received her Bachelor’s Degree with a double major in Government and Women’s Studies from Georgetown University. She received her law degree from Lewis and Clark Law School in Portland, Ore. Johnson most
and amenities — dining, fitness, parking and lockers. It also
recently worked for the Memphis law office of
included student comments from Princeton Review’s law
Edward Bearman as an associate attorney and
school guidebook in its evaluation.
was the founder and executive director of the Memphis Public Interest Law Center.
MEMPHIS LAW SCHOOL FORMS ADVISORY BOARD Memphis Law recently established its first advisory board to help lead and advise the school on various matters. The advisory board includes both alumni and non-alumni in a range of practice settings, with the
• Harry Goldsmith – Senior counsel, Bass, Berry & Sims, PLC, and former general counsel (ret.), AutoZone
newly formed board consisting of members from over 12 major law
• R. Hunter Humphreys – Partner, Glankler Brown, PLLC
firms and corporations, as well as state and federal judges. The advisory
• The Hon. Holly M. Kirby – Tennessee Surpreme Court Justice
board will build even closer connections with the Memphis legal and
• Connie Lewis Lensing – Senior VP, Legal, FedEx Express, FedEx Corporation
business community and enable the law school to find new ways to enhance the educational experiences of our students and produce even
• Harrison D. McIver, III – Executive director/CEO, Memphis Area Legal Services, Inc.
better lawyers for our community. Members include:
• Randall Noel – Partner, Butler Snow, LLP
• John Bobango – Managing partner, Farris Bobango, PLC •T he Hon. Robert “Butch” Childers Shelby County Circuit Court, Div. 9 •K aren Clark – Vice president, Global Legal Division and Global Business Services, The Procter & Gamble Company • Robert Craddock, Jr. – Partner, Wyatt, Tarrant & Combs, LLP • Robert Dinkelspiel – Partner, Dinkelspiel, Rasmussen & Mink, PLLC •R ichard Glassman – Senior shareholder and president, Glassman, Wyatt, Tuttle & Cox, P.C. 5
• Mark Glover – Managing shareholder, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
• Todd Presnell – Partner, Bradley, Arant, Boult, Cummings, LLP • Sharon Ryan – Senior VP, general counsel, International Paper • Robert L. J. Spence, Jr. – Managing partner, The Spence Law Firm • Edward Stanton, III – United States Attorney, Western District of Tennessee • Charlie Tuggle – Executive VP and general counsel, First Horizon National Corp. • The Hon. Diane Vescovo – Federal magistrate judge, United States District Court for the Western District of Tennessee • Kristen Wright – Senior VP, general counsel and secretary, AutoZone
THE HONORABLE HOLLY M. KIRBY HOSTS TENNESSEE SUPREME COURT INVESTITURE AT MEMPHIS LAW Tennessee Governor Bill Haslam swore the Honorable Holly M. Kirby (JD ’82) into the Tennessee Supreme Court, on September 19, 2014, in the historic courtroom of the law school. More than 200 guests attended the ceremony, with such notables as Governor Haslam, former Governor Don Sundquist, Shelby County Mayor Mark Luttrell, Judge Julia Gibbons, members of the Tennessee Supreme Court, members of the
PROFESSOR RALPH BRASHIER RECEIVES FARRIS BOBANGO AWARD
Tennessee Court of Appeals, and many other
Professor Ralph Brashier received the Farris
graduate of the University of Memphis Cecil C.
Bobango Scholarship Award during the law
Humphreys School of Law to be appointed to
school’s graduation ceremony in May 2014.
the Tennessee Supreme Court.
members of the judiciary, legislature, and MidSouth legal community. Justice Kirby is the first
Farris Bobango works with the University of Memphis annually to recognize and encourage outstanding research by a faculty member. Professor Brashier received the award for his scholarly article “The Ghostwritten Will,” published in the 93rd edition of the Boston University Law Review.
SECOND “WELCOME TO MEMPHIS” PANEL SHOWCASES MEMPHIS As part of this year’s orientation activities, the law school hosted the second “Welcome to Memphis” panel, intended to give new students and residents of Memphis an inspiring and exciting glimpse of what Memphis is really
MEMPHIS LAW AGAIN LISTED AS A BEST VALUE IN PRELAW MAGAZINE The law school was ranked 19th by preLaw magazine on its list of 2014 Best Value Law Schools. The magazine honored 53 of the nation’s 200 law schools with only 20 schools receiving the top “A” rating, and Memphis Law is the only law school in the nation to receive this “A” rating while being located in one of the nation’s 20 largest metropolitan areas.
VICKIE HARDY JONES NAMED PRESIDENT OF CECIL C. HUMPHREYS SCHOOL OF LAW ALUMNI CHAPTER Vickie Hardy Jones (JD ’96) was named the 2014-15 University of Memphis School of Law Alumni Chapter president. Jones is a partner at the firm of Black, McLaren, Jones, Ryland & Griffee P.C., where she practices in the areas of domestic relations and general civil litigation. She has served on the board of the law alumni chapter for five years in many different capacities such as secretary-treasurer and president-elect.
VICKIE HARDY JONES
all about as a city. The panel showcased a number of areas such as arts & entertainment, the food and culinary scene, sports-related matters, non-profit organizations, and business expertise. Participants in the second edition of this panel included: Kat Gordon, owner and director of awesome at Muddy’s Bakery; Paul Morris, president of the Downtown Memphis Commission; Anne Pitts, Director of the Levitt Shell; and Rick Trotter, the official voice of the Memphis Grizzlies.
“WELCOME TO MEMPHIS” PANEL
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BRIEFS: NEWS + EVENTS HISPANIC LAW STUDENT ASSOCIATION FORMED
The impressive slate of panelists, speakers, federal judges, local politicians, White House
PROFESSOR ANDREW JAY MCCLURG’S SCHOLARSHIP TURNS INTO LAW
appointed administrators, and prominent
Memphis Law professor Andrew Jay
attorneys, all speaking about the importance
McClurg’s proposal for a statutory
Hispanic Law Students Association (HLSA)
and commemoration of Title VII. The
presumption of elder financial exploitation,
will be led by Memphis Law student Cesar
keynote speaker for the event was Paulette
in his recent Hastings Law Journal article
Arbelaez during its inaugural year.
Brown, president-elect of the American Bar
“Preying on the Graying: A Statutory
Association, who also participated in a panel
Presumption to Prosecute Elder Financial
focusing on “Issues Arising in Litigating Title
Exploitation,” was recently enacted into law
VII Cases.”
in Florida.
Students at the University of Memphis School of Law formed a new registered student organization for Hispanic law students. The
and participants included a number of
A panel composed of several federal judges focused on “Best Practices for Litigating Title VII Cases in Federal Court in 2014.” This panel was moderated by Connie Lewis Lensing, senior VP of legal for FedEx, and included the
article after his father was a victim of exploitation in Florida shortly before he passed away last year.
Honorable William J. Haynes, Jr., chief U.S.
The presumption statute passed
district judge, Middle District of Tennessee,
unanimously through each legislative
The Honorable Brian S. Miller, chief U.S.
committee and also the Florida House and
LAW SCHOOL NAMED ONE OF THE TOP 25 MOST IMPRESSIVE LAW BUILDINGS WORLDWIDE
district judge, Eastern District of Tennessee,
Senate. Florida Governor Rick Scott signed
and the Honorable S. Thomas Anderson, U.S.
it into law on June 20, 2014. The law took
district judge, Western District of Tennessee.
effect October 1, 2014.
Memphis Law was named one of the top 25
Additionally, the conference was proud to
McClurg’s statute is the only one of its type in
most impressive law school buildings in the
host David Lopez, the general counsel for
the nation.
world and as the 15th most impressive in the U.S. by Bestchoiceschools.com.
UNIVERSITY OF MEMPHIS LAW SCHOOL HOSTS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CONFERENCE The University of Memphis School of Law recently co-hosted a conference with the Equal Employment Opportunity Commission titled “Remaking America: 50 Years of Title VII of the Civil Rights Act of 1964” on Friday, June 13, 2014. 7
McClurg composed the
the EEOC out of Washington, D.C., who participated in a panel alongside Katharine W. Kores, the EEOC director of the Memphis office, and Delner Franklin-Thomas, director of the EEOC Birmingham office. This panel focused on the “Evolution of Title VII.”
To read more about Professor McClurg’s accomplishment, please read the full story on page 29.
ENTERING CLASS OF 2014 SHOWS RECORD DIVERSITY The entering class of 2014, which began school at Memphis Law in August, has a minority enrollment of 31 percent. The same entering class also has a composition of 53 percent male enrollment and 47 percent female enrollment, with an age range of 20 to 61 years of age.
2014 PILLARS OF EXCELLENCE
of Memphis-area law professionals who have
transitioning of the law school to its new
made significant contributions to the practice
home downtown in the historic former U.S.
of law. In addition, these leaders have set
Custom House, Federal Courthouse and U.S.
examples for the community through their
Post Office. A number of alumni, faculty, staff,
involvement in both civic and charitable
students, and community members attended
organizations.
the portrait unveiling, with several notable speakers taking part in the program honoring
PALS WINS GRADUATE STUDENT ORGANIZATION AWARD
GIDEON’S ARMY SCREENING Memphis Law hosted a screening of the
Dean Smith.
in May 2014. The film follows three young
the University of Memphis Graduate Student
public defenders fighting for their clients in
The law school welcomed
Organization of the Year Award in the 2013-
the face of staggering caseloads. The Shelby
John Newman to the faculty
2014 academic year.
County Public Defender’s Office hosted the
this fall. John Newman was
screening and corresponding panel with the
hired as a visiting assistant
law school, which was proud to have Gideon’s
professor of law. Professor Newman will
2014 PILLARS OF EXCELLENCE AWARDS
Promise founder Jon Rapping speak to the audience and participate in the panel.
The 2014 Pillars of Excellence Awards were held in August 2014. Individuals being Bennett, Honorable David R. Farmer, Albert
PORTRAIT OF FORMER DEAN KEVIN SMITH UNVEILED
C. Harvey, Charles F. Newman, Max Shelton,
The portrait of former Memphis Law Dean
and Maurice Wexler. James S. Gilliland was
Kevin H. Smith was unveiled at a ceremony
also named as Friend of the Law School.
at the law school on Oct. 23 in the scenic
honored included Honorable Arthur T.
NEWMAN
The Public Action Law Society (PALS) won
NEW FACULTY MEMBER AT MEMPHIS LAW
award-winning documentary Gideon’s Army
teach conflicts of laws and civil procedure during the 2014-15 academic year. Prior to joining the Memphis Law faculty, Newman practiced as an Honors Program trial attorney with the U.S. Department of Justice, Antitrust Division, in Washington, D.C. He also maintained an active pro bono practice in D.C., representing D.C. tenants pursuing claims for housing-code violations and advising a startup regarding intellectual-
Gordon Ball Reading Room. Dean Smith was
property issues. Newman received his
Created in 2007 by the Law Chapter of the
dean of the law school from 2009–2012,
Bachelor of Arts from Iowa State University
University of Memphis Alumni Association,
while also serving as the interim dean from
of Science & Technology and his law degree
the Pillars of Excellence are a chosen group
2007–2009. He oversaw the monumental
from the University of Iowa College of Law. 8
BRIEFS: NEWS + EVENTS has teamed up with the Soulsville Charter
JUDGE LIPMAN INVESTITURE The investiture ceremony for the Honorable Sheryl Lipman, recently appointed district judge for the Western District of Tennessee, was held at the law school in August 2014. The ceremony was attended by her fellow district judges in the Western District of Tennessee, with Judges Breen, Fowlkes, Mays, and McCalla all attending and sitting on the bench in the law school’s historic courtroom. Judge Lipman was sworn in by the Honorable Julia Gibbons, of the United States Court of Appeals for the Sixth Circuit.
BLSA CHAPTER HONORS 11 GRADUATES FROM CLASS OF 2014 AT KENNETH MAURICE COX RECEPTION The Cecil C. Humphreys School of Law Black Law Students Association (BLSA) honored law students at The Kenneth Maurice Cox Donning of the Kente Ceremony. This Ceremony recognizes each graduating BLSA member for their contribution to the law school’s academic, cultural, and professional environments.
The Donning of the Kente ceremony is
has teamed up with the Soulsville Charter
named in honor of one of the law school’s
School and Freedom Preparatory Academy
first African-American graduates, Kenneth
to provide opportunities for engagement
Maurice Cox.
and hands-on skills training for both groups of students. Seven students from Memphis
The honorees are from left, Jacob Dennis,
Law (Courtney Sharp, Catrina Bulloch, Brian
II, Jayniece Higgins, Patrick Hendricks,
Burns, Erica Perry, Shrushti Kothari, Suzanne
Rebekka Freeman, Cameron Watson, Tracy
Lamb, and Sydney VanWinkle) will participate
Richard, Anthony Adewumi, Jerry Ivery, and
over the course of this academic year. They
Corey Strong. Not pictured are law school
will develop interactive curricula and lead
graduates Kezia Mills and Michael Kendrick.
weekly classes, as well as lead discussions on
Each of these students graduated May
legal aspects of major current events.
10th, 2014, at the Cannon Center for the Performing Arts.
MEMPHIS LAW ANNOUNCES STREETLAW PROGRAM The Cecil C. Humphreys School of Law is excited to bring StreetLaw to Memphis. For more than four decades, StreetLaw has put law students in community schools to teach schoolchildren basics of American law in innovative and impactful ways. Memphis Law BLSA GRADUATES
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MEMPHIS LAW STUDENT INTERNS AND EXTERNS RECOGNIZED BY THE DISTRICT ATTORNEY’S OFFICE By: Steve Jones
Five Memphis Law students received some memorable, real-life legal experiences through the Honors Prosecution Externship Program at the Shelby County District Attorney’s Office in 2014. One student, Paige Munn, even found herself sitting second chair in a murder trial that later resulted in a guilty verdict.
The externs – Paige Munn, Kevin Brown, Christopher McKnight, Brad Reasonover and Megan Welton –
That has meant practicing in a courtroom setting
recently took turns working on their direct examination
a witness, as they did when Nichols had them
skills in simulated preliminary hearings with prosecutors
participate in pretrial interviews with the state’s star
as their tutors and Memphis Police Department Vice
witness – veteran police detective Tony Mullins – in a
Squad officers as their witnesses.
triple-murder case.
“Most law-student training usually comes from mock
The students also reviewed actual crime-scene photos,
with real officers or learning how to “pretrial”
trials where law students play the part of witnesses and
diagrams and other evidence that would be used
“I hope they benefit half as much by being here as
‘testify’ about made-up facts,” said Assistant District
in the trial. (The defendant later was convicted as
we do from having them here,” said Shelby County
Attorney Steve Jones, the DA’s training director who
charged and was given three death sentences.)
District Attorney General Amy Weirich. “They provide
served as judge in the courtroom exercise. “This was an
Nichols also took the externs on a field trip, two
invaluable assistance to our office, to the public we serve
incredible exercise because the students got to question
blocks away at the offices of the Ballin Law Firm, to
and to the justice system.”
real police officers about their actual cases.”
hear a defense perspective on what makes a good
Daniel M. Schaffzin, assistant professor of law and
The setting was a General Sessions Criminal Court
director of experiential learning at the University of
courtroom after work hours and the facts were drawn
Megan Welton, one of the externs, said the program
Memphis Cecil C. Humphreys School of Law, said the
from actual cases involving prostitution and criminal
serves as an important bridge between the classroom
externship offers students an opportunity to learn from
simulation. Playing the role of defense attorneys were
and the courtroom. “Law school teaches its students
some of the most skilled prosecutors in the country.
prosecutor Austin Scofield and Deputy District Attorney
issue spotting, procedural and evidentiary rules,
General Jennifer Nichols, an adjunct professor whose
and how to analyze cases,” Welton said. The Honors
District Attorney General’s Office and the University
“classroom” is the Criminal Justice Center at 201
Prosecution Externship at the Shelby County DA’s
of Memphis Cecil C. Humphreys School of Law have
Poplar.
Office provided all of us externs with an opportunity
“Building on years of partnership, the Shelby County
created a course that allows the Honors Externs to live the life of a prosecutor,” Professor Schaffzin said.
prosecutor.
to gain practical experience with the support and Deputy District Attorney Nichols’ externship
guidance of supervising attorneys.”
seminar course complements the students’ hands-
He said the combination of supervised practice and
on externship by addressing procedural, ethical and
classroom training — also at 201 Poplar — has created
practical issues that prosecutors face. “My goal is
an environment that is “experiential learning at its
twofold,” said Nichols. “Number one, don’t bore the
absolute finest.”
externs, and number two, show them what we do in a realistic way.” 10
STUDENT PROFILE:
CESAR ARBELAEZ
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Cesar Arbelaez is a third-year student at Memphis Law and the current president of the newly formed Hispanic Law Students Association (HLSA). Arbelaez took a circuitous route to Memphis. He was born in Columbia, moved with his family to Miami, spent his teenage years in Nashville, and ultimately landed in Memphis, where he attended the University of Memphis for his undergraduate degree. He is a past member of the Student Diversity Committee and the University of Memphis Mock Trial Team and has spent numerous hours working with Public Action Law Society (PALS) and its Alternative Spring Break Program.
ML: How did you first become interested in law school?
into the law building. The location in downtown Memphis is perfect. My heart has a very special
ML: How do you see yourself making an impact after law school?
Cesar Arbelaez: I have been interested in law
place for the city of Memphis. I’ve moved many
CA: Learning the law is a blessing and a curse. I
school ever since I was a little boy. Although I
times throughout my life — I can’t even tell you
get to learn about the many ways to bring about
can’t pinpoint an exact moment when I first
my hometown because I don’t know if I have one.
change through the law, but unfortunately I also
became interested in the idea, there are several
I came to Memphis for college and law school, but
get to learn that there’s a lot of change needed
aspects of my life that eventually grew into an
since day one, Memphis has gotten into my blood.
in the law. It can be overwhelming, to the point
interest in becoming a lawyer. My family in
I think it’s inevitable that Memphis is going to
where making an impact after law school may
Colombia was involved in local politics, and
become my hometown. After six years of living in
seem impossible. I think that trying to accomplish
often prominent lawyers and politicians would
Memphis for school, I’m planning for life after law
smaller things within our community may be a
come visit my grandfather. Also, when my family
school in this city. I chose Memphis Law because it
better approach than trying to accomplish a very
moved to the United States, we were involved
gave me the best opportunity to stay in Memphis
ambitious degree of change, at least initially.
with immigration attorneys and immigration
and practice law.
Though I hope to one day be able to influence
court, which is how I became a legal alien and
people across the country, I want to start my
eventually a naturalized citizen through political
impact in Memphis. I want to get more involved
asylum. Finally, my favorite part about becoming
with the Hispanic community in Memphis,
an American citizen was to learn about the rule
but ultimately, my goal is to get the Hispanic
of law. Eventually all of these factors culminated into an interest to study law, and be part of the mechanism that makes this country so great.
ML: What advantages does being able to speak Spanish give you as a student and future attorney? CA: I think the biggest advantage doesn’t necessarily come from simply being able to speak Spanish. To
My first thought when I walked the halls of Memphis Law was, “I could accomplish something in this place.”
community more involved with the rest of the Memphis community.
ML: What have your experiences working within the Hispanic/immigrant community in Memphis taught you? CA: The main thing I’ve learned is that there’s a lot of work to be done. I had the opportunity to work with the Community Legal Center and their immigration
me, the greater advantages of being fluent in Spanish
lawyers last semester during our Alternative Spring
come from the reasons why you learn the language,
Break (ASB) Program. We had a total of 22 clients
or how you come to be fluent, in the first place. I was
for our immigration track, which gave us at least two
born in Colombia, so Spanish is my native language.
clients per student. This track had by far the most workload for the amount of students in the track. We
and taught me to be compassionate and accepting of
ML: What is your favorite thing about Memphis?
other cultures. I can think in two different languages,
CA: The food and the people. If I had to pick one
work I’ve done in law school. No grade will ever give
and though I rarely think in Spanish, I’m used to
over the other, I would pick the people that call
me the feeling of appreciation and gratitude that I felt
thinking from different perspectives.
Memphis home. Notice that I’m including people
from my clients that week. I learned that a client may
that may not necessarily have been born here, but
ML: What made you decide to attend Memphis Law?
have an issue that will require you to work hard and
everyone that is here and calls Memphis home.
long, but the reward of helping that client in need
There’s something special about people that love
CA: Quite simply, it was the building. I felt such a
makes the whole ordeal worth it.
Memphis. It’s the people that look past the negatives
sense of empowerment when I first visited the law
and focus on the positives about this town that I
school. My first thought when I walked the halls of
truly admire, and Memphis has a ton of these
Memphis Law was, “I could accomplish something
very positive folks.
This gave me the advantage of being multi-cultural
worked hard that week, but it was the most rewarding
in this place.” I had never felt so excited about the future like I felt the first couple of times I went 12
Punk Rock Planning The Art of the Possible by: toby sells
By: Toby Sells
Memphis has a history of bucking the trend when it comes to urban planning and design. The landmark 1971 U.S. Supreme Court case Citizens to Preserve Overton Park v. Volpe focused on one of Memphis’ most iconic parks and stands as one of the most notable examples of the power of grassroots citizens’ movements. Memphis Heritage and other citizen-led groups have also successfully banded together on numerous occasions to save and preserve such landmarks as the Nineteenth Century Club, the Four Flames Restaurant, Central Station, and Overton Square. In these classic cases, citizens used the courts and governmental processes to achieve their goals. But now Memphis is on the cutting edge of an emerging form of citizen activism – tactical urbanism – where citizens achieve their goals or focus attention on their objectives, not through the courts or governmental action, but through direct citizen action. The Tennessee Brewery serves as a prime example of this new form of citizen engagement. For six weeks from April to June, uncounted thousands found themselves inside the old Tennessee Brewery building close to the South Main District. Beers were flowing. The weather was perfect. The setting sun painted a pink and purple sky. Globe lights strung across the uncovered hall cast a warm glow on the crowds of people enjoying themselves at Tennessee Brewery Untapped. They walked the cobblestoned walkway and lifted their eyes in all directions as they entered the building’s uncovered atrium. They all wanted a look at the new life breathed into a very old building. That initial yearning curiosity may have faded somewhat by the time visitors had ordered beers inside and found a seat. But people still scanned the building, the food trucks, and makeshift furniture with marveled
13
eyes saying, simply, “This is really cool.” Whether they knew it or not, they were sitting right in the middle of an example of tactical urbanism. “Something like Untapped worked because the space was really cool and people were curious about getting inside to see what it looked like,”
“It’s a little bit of homespun goodness mixed with a little bit of punk rock snarl. It’s planned chaos with hopes of change. It’s thoughtfully flipping a middle finger at the system. But hoping those in the system (like the local government) understand your problem or see your neighborhood’s potential as you do.”
said Kerry Hayes, director of public relations for Doug Carpenter & Associates. “It was beer. It was tacos. It was pretty idiot-proof, right? But it could’ve not worked. We could’ve just sat there for six weeks and not had anyone come out.”
Small project: Crosswalk at McLean and Galloway
Medium-sized project: Tennessee Brewery Untapped
The problem - The wide crosswalk along the
The problem - The historic Tennessee Brewery
All of that — all of it — fits nicely inside Thomas
busy Midtown artery could be dangerous for
was set for the wrecking ball earlier this year
Pacello’s definition of a tactical urbanism project.
pedestrians. The chaos of zoo traffic and the
because the building had sat vacant and unused
“It’s a citizen, organizational, or city led effort,”
corner’s wide curbs made it especially challenging
for years.
says Pacello, a University of Memphis Law School
for pedestrians to be seen by sometimes speeding
graduate and now senior project manager for
motorists.
the Mayor’s Innovation Delivery Team. “It is a short-term, low-risk, scaleable intervention within
The tactical urbanism solution - Sarah Newstok,
a neighborhood with the intent of creating long-
a mother of three who lives close to the crosswalk,
term change.”
stapled a bucket filled with homemade, orange flags to electrical poles on both sides of the
But it’s more than that, and Pacello knows it.
crosswalk. Pedestrians could hold the flags as they
And less than that, and he knows that, too. It’s
crossed to give them more visibility to motorists.
about caring about your neighborhood without
The bucket came with these instructions: “Take a
caring (so much) about the rules. It’s a little bit
flag as you cross. Deposit flag on the other side so
The tactical urbanism solution - Memphis
of homespun goodness mixed with a little bit of
someone else can use it on the way back.”
businessmen, including Memphis Law alum
TENNESSEE BREWERY PLANS
punk rock snarl. It’s planned chaos with hopes of
Taylor Berger, installed a beer garden inside the
change. It’s thoughtfully flipping a middle finger
old building for six weeks. The temporary time
at the system. But hoping those in the system (like
frame translated to a DIY and temporary feel
the local government) understand your problem
of the place with food trucks, port-o-johns, and
or see your neighborhood’s
furniture made from pallets and large wooden
potential as you do.
spools from industrial cabling.
If you’re confused,
The investors wanted to raise awareness of the
you’re not alone
building’s fate and to show its (ahem) “untapped”
Maybe some examples
potential, of course, but they also really wanted to
from around Memphis
CROSSWALK
have fun. They did both.
will help. The long-term change - Stripes have now been
Thousands of people came through the building
painted along the crosswalk to make it more
to eat, drink, dance, see, be seen, and to see the
visible to motorists.
building. Untapped showed that something — 14
The tactical urbanism solution - With a $20,000
Lydon spoke in Memphis during the Strong
Better Block grant, stakeholders striped the street
Towns Boot Camp here in May. He said he was
with bike lanes and on-street parking, filled the
inspired by the work of some crafty planners in
vacant storefronts with temporary retail shops
New York City who re-claimed part of Broadway
and restaurants, and converted an empty parking
and Times Square with some creative street
lot into a temporary skate park.
striping and cheap lawn chairs.
This event, called a New Face for an Old Broad, was held in 2010 and brought thousands of shoppers and curious onlookers to Broad Avenue. TENNESSEE BREWERY
some kind of money-making venture — could
They saw a “pre-vitalized” version of the street.
“An urban renaissance of unanticipated proportions.”
That is, they saw the potential of Broad Avenue, what could be there with a bit of effort and very
Lydon read a blog post about the project and blog
little investment.
author Brian Davis said they were “inexpensive
work at the old, massive brewery building.
hacks, tactical interventions producing great effects.” So Lydon went straight to the dictionary
The long-term change - The building is now
and looked up “tactical.” It read, “small-scale
under contract by Memphis businessman Billy
actions serving a larger purpose.” A light went on
Orgel. Though he’s said he won’t likely turn it
and the movement he saw had a name.
into another beer garden, he does plan to develop it. So, in many ways, Untapped (and tactical
Anyone who pays attention to this kind of stuff
urbanism) saved the building.
BROAD AVE.
in Memphis for a while. But why? Are we just
Big project - Broad Avenue
The long-term change - The event set the first
following another national trend? Do we need
The problem - The area around the once-viable
link in what would become a long chain of small
it here? Josh Whitehead, a U of M Law School
commercial district was mostly vacant for decades.
investments, each one sparking many more. Now,
graduate and current planning director for the
Inactivity meant the area was prone to crime and
more than $25 million in private investment has
Memphis and Shelby County Office of Planning
its buildings were not performing up to their tax
poured into Broad Avenue since a New Face for
potential or highest and best uses.
an Old Broad. The street is home to a score of restaurants, Wiseacre Brewery, Victory Bicycle
City leaders met with Broad Avenue stakeholders
Studios, upscale retailers, and more good things
in 2006 and they devised a plan to get the area
are on the way for the area.
back on its feet. But no movement was really made.
A new idea for an “old” city Tactical urbanism was not created in a research lab of a university or some Washington think tank. Many cite city planner Mike Lydon with coining the phrase back in 2010. He’s even written several books on the subject, “Tactical Urbanism: Short-Term Action, Long-Term Change” But he didn’t set out to coin a phrase; tactical urbanism was
BROAD AVENUE BIKE LANE
15
knows tactical urbanism has been happening
just the name he gave to things he saw going on all around the country.
and Development, says tactical urbanism is taking
renaissance of unanticipated proportions.”
hold in Memphis maybe more than in other cities
People, especially younger people out of college,
because there’s perhaps a greater need for it.
are moving back to the inner cores of cities
Why? The city was built for automobiles and we’re
across the country. If you need solid evidence in
in pedestrian-friendly times.
Memphis, drive around the dozens of brand-newand-already-full condos and apartments called
“Historically, many cities have the urban
South End in the South Main District.
infrastructure built in because they were developed at a time largely before the
But when these people arrive in these downtown
automobile,” Whitehead says. “So, here we are
spaces in Memphis, they’ll mostly find places
in Memphis, a largely post-automobile city, and
better suited for an automobile, not a pedestrian.
it almost takes tactical urbanism to address the
“We’ve engineered the roadways so even though
movement of younger people, and some older
we do what we can, there’s still only so much
a tactical urbanism campaign. Someone posts a
people to a degree, (back to urban spaces).”
you can achieve without fully obliterating the
project they’re interested in. Others either donate
roadway, which is never going to happen,”
money or get involved in the campaign. Money is
Whitehead said. “So, it’s almost like tactical
raised and, hopefully, the project is completed.
urbanism that has to force the issue.”
Memphis ioby projects include the new underpass
ioby: Fueling the flame Ellen Roberds has a great professional title. If
LITTLE FREE LIBRARIES
mural at Cooper and Higbee, the Overton Park Shuttle, several Little Free Libraries, the Women’s Theatre Festival of Memphis, and more.
she’s not the only “creative placemaker” in the country, she’s one of a few. Roberds does her work
Roberds’ job is to connect those who want to see a
with Livable Memphis and ioby, a group which
change in their neighborhood with the resources
describes itself as “a crowd-resourcing platform
to get them done. She helps project leaders refine
for citizen-led neighbor-funded projects.”
their projects and get any necessary permissions
The website is a portal for those who want to
for them, helps make budgets, and build teams to
get involved. The name is a response to project
see the projects through.
People left the core of Memphis in droves. Pacello
objectors who say “not in my backyard,” or NIMBY
says the city’s population grew by 4 percent in the
for short. Instead, ioby prefers projects “In Our
“The super-fun part of it is going around and
four decades between 1970 and 2010. The city’s
Backyard.”
hearing people’s ideas for what they hope for our
footprint grew by 55 percent during that same time, he says.
city,” Roberds said. “(Their project idea) is Think of ioby as a Kickstarter for neighborhood projects, a place to organize the resources for, say,
“We hollowed out the core,” he says. “Now that
Cont’d on pg 31
we’ve got all this extra infrastructure we have to pay for and maintain, the city’s budgets are strapped.” That’s changing. When Time magazine looked at national housing data in April, reporters found a dramatic fall in suburban housing starts and an unparalleled climb in multi-unit construction projects. The magazine called it “an urban
COOPER AND HIGBY MURAL
usually only a couple of blocks of where they live, 16
our Hedging BETS PENSIONS IN PERSPECTIVE
By: Ryan Jones and Michael Waddell
In an effort to provide a wide range of informed research, portions of this article were also contributed by Next City Urban Economics Fellow Alexis Stephens and Memphis Flyer reporter Toby Sells.
America has a debt problem. Even more specifically, cities across America have a debt problem directly related to pensions. According to the Census of Governments, pension liabilities now exceed outstanding debt as the largest type of state and local government liability. Cities like Memphis, Chicago and Detroit are all dealing with the fallout from pension funding issues. With current data suggesting that the issues surrounding pension funding are likely to continue and even intensify, ML thought it would be helpful to put Memphis’ pension problems in perspective by comparing Memphis’ experience with that of other large American cities.
The state of pensions in Memphis When Memphis Mayor A C Wharton conducted his State of the City Address at the University of Memphis School of Law in January, he stated that there was no single “bad guy” to blame for the $709 million gap in the city’s pension plan. The city was just an unfortunate victim of outside factors, many of which were out of our hands. “As I say each time I discuss this, there’s no need to go out and find a bad person who did something wrong,” the mayor explained to a packed room at the law school. “We’re where we are because of forces far beyond our control.” This is a common refrain amongst many cities across the country facing this same issue and it is hotly debated in most municipalities, including Memphis. As the Memphis Flyer reported earlier this year, the city’s pension fund was full and even had a bit of a surplus before the recession. Valued at more than $2.1 billion, it was invested across the country and around the world in stocks, bonds, real estate, and more. But as a result of the Great Recession of 2008, the city’s pension fund lost about $544 million, converting a $94 million surplus into a $450 million deficit. Most agree that the recession was the single biggest factor in the decline of the city’s pension 17
fund and the same is probably true for other municipalities across the country. But there is little consensus on the extent of the funding shortfall today. The numbers in question: the city believes the shortfall amount is $682 million; the firefighters think it is only $301 million. The difference is due to differing assumptions about the pension fund’s future obligations to retirees, the amount that the city and employees will contribute to the fund in the years ahead, and rate of return on pension
to compensate for pension fund losses suffered in
So if the city pays 50 percent of its ARC in 2015,
fund assets.
the immediate aftermath of the Great Recession.
it will be required to pay at least 60 percent in
In 2012, the city contributed $20 million of the
2016, 70 percent in 2017, etc., until it pays 100
“We’ve alleged all along that there is nothing
$101 million that was recommended, and last year
percent in 2020. Collins points out that for 2016,
wrong with the pension other than the fact that
it put in about $20 million of a recommended $70
the adopted budget amount is approximately $47
the stock market went south [in 2009], but the
million.
million, and the payments will increase in the
thing is: the city never put in any more money so
years ahead based on the formula noted above.
we’ve been slow to accrete back up to where we
“Financial pressures each year caused the City
were,” says Thomas Malone, union president for
Council to pass budgets that did not pay the
the Memphis Firefighters Association, who points
full amount,” says City of Memphis Finance
What does it look like out there?
out that the fund is now 87 percent funded — an
Director Brian Collins. “It would have required
As a result of the recession, interest rates have
improvement from the prior year’s figure of 78
either substantial service cuts or substantial tax
fallen, forcing cities to take another look at
percent. “Our pension fund’s doing great; it’s
increases to pay the full ARC in the past. In the
their pension formulas and the actuarial
growing. We’ve seen an upward trend since 2011.”
future, the option to not pay will no longer exist.”
workings of their funds. Many projections about the future performance of stocks and other
BRIAN COLLINS
Today there is $2.2 billion in the fund, which has
Earlier this year, Tennessee Governor Bill Haslam
investments are coming out as less optimistic
signed The Public Employee Defined Benefit
than previously hoped for and expected funding
Financial Security Act of 2014. Cities now must
ratios for pension investments are being lowered
pay their annual required contribution (ARC).
accordingly. In Memphis, and other cities such as
Memphis has up to six years to ramp up to the
Chicago and Detroit, citizens are going to have
full annual payment of $70 million. If it does not,
to take on more of the funding burden by way
the state can withhold its sales taxes to pay the
of new taxes, most politicians’ nightmare, unless
amount.
new funding sources can be found.
historically been one of the most conservatively managed in the country. From June of 2013
“The state requires that we pay our full ARC
to June of 2014, it made a bit more than $200
in 2020,” says Collins. “Under the law, 2015 is
million. But this growth has not been enough,
considered a base year. Whatever percentage of the
by itself, to meet the pension fund’s growing
ARC that is paid in 2015 is considered the base, and
obligations.
municipalities will have to increase (in percentage terms) in a straight line from 2016 to 2020, when it
The problem: For the past several years, Memphis
must reach 100 percent. Therefore, there will be a
contributed less than the recommended amount
minimum ARC every year beginning in 2016.” 18
employees. Illinois has pretty strong protections
“This should be a shared responsibility between interested parties, including workers, the city, and the taxpayers.”
for employees and the Supreme Court has very broadly defined those protections, so those are going to be challenged. They are saying the right things. They’re saying, ‘This is a big deal. We should be making responsible payments. This should be a shared responsibility between interested parties, including workers, the city and taxpayers.’ But when they went to do reform,
“Circumstances are different in each case, but
Kass: “In the city of Chicago, there are four
there wasn’t a full-throated, strong commitment
the overarching theme is the same: Old style,
pension systems. There’s one for police, one
to responsible funding.”
guaranteed post-employment benefits must be
for fire, one for labor and one for municipal
reformed,” Collins says.
employees. All of them are abysmally underfunded. What’s unique about this city’s
Alexis Stephens, an urban economics fellow
pension systems is that until very recently the
with Next City (a non-profit organization geared
way that the city determined the amount of
towards social, economic, and environmental
money they should put into their pension systems
change in cities) spoke with three experts — Josh
has not been based on any actuarial science or
McGee, vice president of public accountability
math at all. It wasn’t based on cost of benefits
at the Laura and John Arnold Foundation; Kim
being earned or unfunded liabilities; it was tied
Rueben, senior fellow of the Tax Policy Center at
to contributions of current employees. In 2010,
the Urban Institute; and Amanda Kass, budget
Illinois legislation was passed that changed
director and pensions specialist at the Center for
the funding plans for police and fire pensions
Tax and Budget Accountability — and asked for
throughout the state. Starting in 2015, local
their opinions about which cities are facing the
governments had to put in enough money that
biggest uphill battles in keeping their pension
by the end of fiscal year 2040, the police and fire
systems funded, so that public service workers will
pension funds are each 90 percent funded. It’s a
be supported by their promised pension income
change from a funding plan that’s underfunded
in the years to come.
to one that is somewhat funded, which for Chicago, is a huge jump.”
Chicago McGee: “Chicago continues to delay responsible payments. At some point they are going to have to put more money in their pension funds. They were scheduled in the next couple of years to come up with more than a billion dollars in additional payments to its pension plans on an annual basis. To give you a sense of how large an increase that is, Chicago’s proposed 2014 local funds budget was only about seven billion dollars.”
McGee: “In 2010 [Illinois] enacted what’s called a ‘Tier 2’ legislation [that cut employee benefits across the state], but Chicago left in place the terrible funding practices that got them into the mess that they’re in today. There was no change in funding policies, but there were significant cuts in their benefits for new employees. They did recent reforms to their municipal employee and laborers’ pension funds — their smallest funds — and there is some doubt now whether that will hold up in the Illinois Supreme Court, because it included approved modifications for current
19
Detroit In Detroit, city infrastructure crumbled while the surrounding cities flourished, as residents made a mass exodus out of the Motor City. The result: the city declared bankruptcy earlier this year, and retirees with a public pension were forced to accept terms of an unfavorable deal before a possible worse deal could be imposed by the courts. “We are really on the ground floor of understanding this type of non-consensual pension reform,” says Memphis Law alum and attorney Charles Bullock. He represents the actuaries for the retirement systems, both police & fire and the general retirement system, for the city of Detroit. “Detroit had some underfunding problems for a variety of reasons,” says Bullock. Police and fire personnel do not pay into Social Security in Detroit, just as in Memphis. “So if you take their pension away from them and they can’t get Social Security, you better have some very good long-term plans in place. Otherwise, you’ve just increased the homeless population,” he says. “Memphis, I have to think has some very similar problems.”
that are being taken over. Part of this has to do
“Spend-thrift trusts are recognized in bankruptcy
with whether local pensions are aggregated up to
under Section 541C2 of the Bankruptcy Code as
a state system, like in California or New York, or
being a pension,” he says. “If it is a valid ERISA
whether pension programs are being left at the
[Employee Retirement Income Security Act of
city or local government level, which is the case in
1974]-qualified spend-thrift trust, the Bankruptcy
Michigan and Pennsylvania.
Code and the Supreme Court case law in a case Patterson v. Shumate tell us that an IRA or a Keogh
CHUCK BULLOCK
She went on to say, “Part of why I think some
plan that are ERISA-qualified are simply not
of the Midwestern places are in worse shape is
property of the bankruptcy estate, so creditors
because you end up having populations that are
and the bankruptcy trustee cannot seize upon
moving out and more older people living there.
those assets.”
You end up paying for pensions of a declining He estimates Detroit’s population has decreased
population. These are essentially payments on
Kennedy believes the fears about a Detroit
from 1 million people to roughly 700,000 in the
services that have already been received, but you
bankruptcy scenario playing out in Memphis are
past decade.
have less people paying the taxes to fund them.”
a bit of an overreaction.
“One of things that happened in Detroit is we
“I would like to lessen the anxiety about that.
lost a substantial amount of tax revenue for a
Are we the next Detroit?
variety of reasons, not the least of which is a large
Some Memphis citizens fear we are heading down
no reason for Memphis or its citizens to push
percentage of our citizens in Detroit picked up
the same road as Detroit. There may be some
any panic buttons about pushing a Chapter 9
and moved to the suburbs,” says Bullock.
similarities, but there are many more differences.
petition,” he says.
He describes the public pension situation in
Judge David Kennedy, chief judge of the U.S.
He points out that during the 1970s several large
Detroit as not only time-consuming, but litigious.
Bankruptcy Court for the Western District of
cities, including New York City and Cleveland,
Tennessee and a Memphis Law alum, sees no
courted the possibility of filing Chapter 9 cases,
“People get emotional when they talk about
indication that Memphis is in any way headed
and it turned out they were all able to work out
retirement issues. What’s happened in Detroit
for a Chapter 9 bankruptcy situation like in
their problems.
is the best of a bad situation, and I’m hoping
Detroit. “Pension plans can play a big role in the
Memphis can find its way in the right direction,”
world of bankruptcy,” says Judge Kennedy. He
“Once a big case is filed like that it can really get
he says.
believes pensions are a little bit like valid spend-
complicated and involved. Who gets paid first:
thrift trusts.
The firemen, the teachers, the garbage collectors,
Circumstances certainly can change, but I see
In remarks to Next City, Kim Rueben, senior
police? It’s a difficult issue trying to balance
fellow at the Urban Institute, summarized the
those competing and countervailing interests,”
situation in Detroit as well. “I would put a lot of
Kennedy says.
the cities in Michigan on the list, and that has a lot to do with the way that the pension systems are
The Memphis pension board voted unanimously
set up,” stated Rueben. “The fact that Michigan
in August to move hundreds of millions of
pension systems are set up locally means the state
dollars in retirement assets out of the traditional
would have to be much more explicit in taking
portfolio of U.S. stocks and bonds and into
over some of the responsibility.
the higher risk and potentially higher return international stocks.
Detroit is the largest example of that, but there are also cities like Flint that are also in trouble
Cont’d on pg 32 20
TRUE BLUE ALUMNI SPOTLIGHT
KAREN CLARK Karen Clark (JD ’87) is the vice president for Global Legal Division and Global Business Services at Procter & Gamble in Cincinnati, Ohio, where she has worked for 27 years in various capacities. ML: Why did you go to law school? Karen Clark: I like to work on complex problems and find solutions to multi-faceted issues. I always liked to analyze a complicated situation and break it down into more simple concepts and improve the original circumstance. I particularly like to help people solve complicated business problems and simplify things that bothered them or troubled them.
“I like to work on complex problems and find solutions to multi-faceted issues.”
ML: What drew you to the areas of digital
have learned the value of teamwork and I have
law and patent litigation?
learned that successful lawyers in a corporate
KC: My undergraduate degrees are in biology
environment need to be solution-oriented and
and chemistry and my scientific and technical
work with their corporate colleagues toward the
background was a big help in enabling me to
common mission to accomplish shared
learn quickly from experts in digital technology,
goals. Also most important, I have learned to
and to play a key role in developing policies and
trust my judgment.
procedures in this ever-growing, ever-changing area of importance to Procter & Gamble. When I was hired by the Procter & Gamble Company in Cincinnati in 1987, I began my career there as a patent attorney. In 1990, I moved to New York with P&G to head the Intellectual Property Department in a newly acquired pharmaceutical company, Norwich
“Most important, I have learned to trust my judgment.”
Eaton Pharmaceuticals, Inc. Patents are an
Karen and Kathy Clark
A SIBLING SUCCESS
extremely important asset in the prescription drug business, and for many years I handled
Karen (JD ’87) and Kathy (JD ’86)) Clark were
the patent litigation in P&G’s prescription drug
born in Chattanooga, Tenn. and attended law
business — leading multi-million dollar trials
school at the University of Memphis Cecil C.
globally. When we divested the prescription drug business in 2009, the age of digital advertising was dawning, and every year we spent more and more advertising dollars on the Internet and with mobile applications. We were able to move, store, and analyze more consumer and customer data, and it was important for our company to be mindful of the ever-evolving laws impacting the digital space: privacy laws, cybersecurity standards, antitrust and anti-competition regulations, labor and employment law, and to assure our practices in the digital arena complied with all areas of the law.
ML: Who has been your greatest inspiration, both personal and professional? What did you learn from them? KC: My greatest professional inspiration has been my father and grandfathers. My father and my grandfather worked for DuPont and my paternal grandfather worked for Combustion Engineering —all corporate environments. All three helped to boost my confidence and they always gave me advice on how to handle complicated political issues and assess cultural and/or mangement expectations. My mother and two grandmothers were my greatest personal inspirations — they
ML: What lessons have you learned
taught me that girls could do anything they
working for a large corporation like
want. They taught me about the importance
Proctor & Gamble?
of a balanced and enriching life outside of my
KC: I have been working as an attorney at
professional life, and they equipped me with
Procter & Gamble for 27 years and I can
the courage and conviction to set my own goals,
honestly say that I have been fortunate to have
determine my own limits, and to always be my
a challenging and stimulating career here. I
authentic self.
Humphreys School of Law together, being separated by only one year while in law school. Both cite strong family members as powerful and positive influences throughout their lives, both professionally and personally, and both Clark sisters have gone on to find a great degree of success in their legal careers. Karen is the vice president for the Global Legal Division and Global Business Services at Procter & Gamble in Cincinnati, Ohio, where she has worked for 27 years in various capacities. Kathy is in her 28th year as a Juvenile Court Child Support magistrate in Hamilton County, Tenn. The competitive nature of law school never got in the way of their relationship and rather than let the stress come between them, they encouraged each other and learned from one another in order to achieve their goals, managing to come away with some great memories along the way. Cont’d on pg 33 22
Richard Glassman
(JD ’72) – Senior shareholder and president, Glassman, Wyatt, Tuttle & Cox, P.C.
ATTORNEYS ATTIRE
SETTING THE BAR IN FASHION Memphis has had its share of colorful characters. It’s
Socks. Lots of socks. Over 50 different pairs of special, hand-made socks. That’s Richard Glassman’s best guess as to how many pairs of socks he owns by designer VK Nagrani. Glassman takes his socks seriously. He also has a passion for helping Big Brothers Big Sisters of Greater Memphis and when he discovered that this high-end designer was donating 100 percent of his sock sales from his annual trunk show at Oak Hall to Big Brothers Big Sisters of Greater Memphis, Glassman was sold. He now gives them as gifts to his close friends and associates, as well as attorneys at his firm for certain worthy accomplishments or if they’ve reached what he calls a certain “sock status.”
seen the likes of E.H. “Boss” Crump, Robert “Prince Mongo” Hodges, Isaac Hayes, Elvis Presley, Willie Herenton, Justin Timberlake and Jerry Lawler (just to name a few) grace the Bluff City with their largerthan-life personalities over the years. There is one common thread that tends to tie all of these great representatives together though and that is their style, their sense of flair, their “ je ne sais quoi.” The legal community in this city has also always had its share of individuals that took their fashion just a little bit further than was conventional and in turn, became associated with that stylistic extra “something,” defining that element of fashion just as much as it defined them. That these attorneys, law professors and judges also happen to have been some of the most well-known and successful members in their respective fields is no accident. Passion for your fashion often translates into a signature style across the board and these are just a few of the Memphis legal community members that exhibit that special flair for style.
23
The Honorable Arnold Goldin
(JD ’74) – Judge, Tennessee Court of Appeals, Western Section Judge Goldin has been a pillar of style in the Memphis legal community before some current law students were born, so he knows a thing or two about the timeless nature of having good style. Ask any of the multitudes of Memphians that see him walking downtown every day and they will tell you that his name is synonymous with bowties and a wide collection of hats. In fact, Judge Goldin has not worn, or even owned, a standard tie in 35 years. He notes that to wear a bowtie fulltime requires a good deal of confidence and is not something you can do unless you genuinely feel good about yourself. It’s a classic piece of style that he’s adopted as his own. Hats aren’t as prominently worn by men as they used to be, but Judge Goldin feels that they are timeless and incredibly practical. He’s been wearing them as part of his professional (and casual) wardrobe for more than 40 years, at all times, in all seasons. Straw hats are a big part of his summer wardrobe and wool hats make prominent appearances all winter, while a collection of ball caps don his head throughout the year. In his opinion, a good hat just “completes” the outfit of a wellput together man.
Bill HALTOM
Linda Warren Seely
Partner, Lewis Thomason, P.C.
(JD ’81) – Director of pro bono projects at Memphis Area Legal Services (MALS)
Bill Haltom. Seersucker. Memphis. The three are tied together so closely that it would be difficult to define one without the other, at least in the legal community in Memphis. Haltom is known for his seersucker expertise, leading the organization of the annual seersucker flash mob in the lobby of the Peabody Hotel every September and even authoring an upcoming book about the history of the iconic Southern suit. He bought his first seersucker suit in 1978 from the well-regarded (but now closed) Memphis store, Alfred’s. At the time, the owner told him “Son, you just bought yourself a Memphis summer tuxedo,” and Mr. Haltom never looked back. The short season for this particular piece of style is part of the beauty of seersucker according to him, but when it’s 90 degrees in Memphis in September, he often thinks twice about the temptation to wear it year-round.
Linda Warren Seely has been a relentless champion for children and families who are unable to access legal representation. The Access to Justice initiative is one that is particularly close to her heart and is symbolized on a daily basis by a beautiful gold necklace she wears featuring the Access to Justice logo. At the Memphis Bar Association’s Annual Meeting, this necklace (for women) or a lapel pin (for men) serves as the J. Michael Cody Award, and is presented to the most outstanding Pro Bono Volunteer of the Year in Memphis. Linda was given this award during its inaugural award year by former MBA president David Cook, and it has become a permanent piece of her wardrobe and something she is incredibly passionate about and proud to display on a daily basis.
Steve Mulroy
Professor of law, University of Memphis Cecil C. Humphreys School of Law The Steve Mulroy uniform consists of a blue blazer, a “wacky” tie, and Velcro shoes. Specifically, Reebok brand Velcro shoes. In fact, he is prepared for all occasions with a black (formal) pair and a white (casual) pair. The ties started off as gifts from individuals over the years. Professor Mulroy accumulated such a stockpile of funny ones, that they became part of his regular wardrobe. The Dogs Playing Poker tie that you see pictured here is his favorite of his collection and is in fact the same tie that he is sporting in his official portrait in the Shelby County Commissioners Office. The shoes though—everyone knows about the Velcro shoes. It’s akin to Samson and his flowing locks of hair. Would Steve Mulroy be as powerful without his Velcro shoes? We’ll probably never know because Mulroy not only wears these as part of his well-known repertoire but also because they are extremely comfortable. Worn by him at every level of the federal court system, one federal judge even remarked to Mulroy while he was a practicing attorney, “Mr. Mulroy, I see you’re wearing your formal Reeboks today.” 24
ALUMNI: SETTING THE BAR
1968
U.S. Administrative Law Judge Richard P. McCully was recently elected international chief tribune of Phi Alpha Delta Law Fraternity at the Fraternity’s Biennial Convention in Scottsdale, Ariz. Judge McCully serves in the Northern District of Georgia and resides in Dunwoody, Ga.
1970
Judge Byron D. Luber, associate judge of the 34th Judicial Circuit sat with the Supreme Court of Missouri by special designation. Luber sat in place of Judge Patricia Breckenridge, who was recused from the case.
1975
Thaddeus (Thad) S. Rodda, Jr., from the firm Burch, Porter & Johnson, was selected for inclusion in The Best Lawyers in America (2015 edition) in the area of corporate law.
Laurie M. Thornton has been promoted to member of the firm, Glankler Brown, PLLC. She will concentrate her practice in the areas of residential and commercial real estate.
1984 1985
David J. Harris from the firm Burch, Porter & Johnson, was selected for inclusion in The Best Lawyers in America (2015 edition) in the areas of bet-the-company litigation, commercial litigation, litigation - banking and finance, litigation – bankruptcy, bankruptcy and creditor debtor rights / insolvency and reorganization law. Mr. Harris was also named 2015 Best Lawyer’s “Lawyer of the Year” in Memphis.
1976
Judge C. Creed McGinley, of Savannah, was recently installed as the 33rd chair of the Tennessee Bar Foundation at its annual meeting held in Gatlinburg, Tenn. McGinley’s term will run until June 2015. He has served on the Foundation’s board of trustees since 2008. Jim Summers, of the firm Allen Summers, was selected for inclusion in the listing of Mid-South Super Lawyers by Thompson Reuters for 2014 in the area of construction litigation. Mr. Summers was also selected as Best Lawyer’s “Lawyer of the Year” in construction litigation for 2014 in Memphis. Judge Robert Wedemeyer was retained for a third term as an appellate judge on the Tennessee Court of Criminal Appeals, Middle Division, in Nashville. Judge Wedemeyer previously served as a circuit judge in Clarksville and Springfield, Tenn. in the 19th Judicial District from 1990-2000, when Governor Don Sundquist appointed him to the Court of Criminal Appeals.
1977 1980
Lancelot L. Minor, III was selected for inclusion in The Best Lawyers in America (2015 edition). He was also selected one of the MidSouth Super Lawyers for the current year by Thomson Reuters. Karl A Schledwitz, chairman and chief executive officer of Memphis-based Monogram Food Solutions, LLC, has been named an Entrepreneur of the Year for the Southeast Region by Ernst & Young (EY), one of the world’s largest multinational professional services organizations.
1982 1983 25
Wallace L. Duncan was recently honored by the Missouri Municipal Attorneys Association, with the Lou Czech Award at their annual conference.
LeeAnne Marshall Cox, from the firm Burch, Porter & Johnson, was selected for inclusion in The Best Lawyers in America (2015 edition) in the area of real estate law. Harold “Buddy” Speer was elected Coffee County CommissionerDistrict 10 in the August 2014 elections.
1988 1989
Les Jones, from the firm Burch, Porter & Johnson, was selected for inclusion in The Best Lawyers in America (2015 edition) in the areas of medical malpractice law – plaintiffs, personal injury litigation – plaintiffs, and professional malpractice law – plaintiffs. Mr. Jones was also named to the 2015 Best Lawyer’s “Lawyer of the Year” list in Memphis. J. Gregory Grisham has rejoined Leitner Williams in its Nashville office from Jackson Lewis, P.C. where he was a shareholder in the Memphis office. Jim Simpson, of the firm Allen Summers, was selected for inclusion in the listing of Mid-South Super Lawyers by Thompson Reuters for 2014 in the area of employment and labor.
1991 1993
Richard Alan Bunch authored several books in 2013-2014, including a novel titled “Plato’s Cave” and a collection of poems called “Zen Sight and Tangerine Butterflies.” Paul Prather was included in the 2015 edition of Best Lawyers in America and was named “Lawyer of the Year” in the labor lawmanagement category for the Memphis region.
Lt. Col. Tom W. Murrey, Jr. retired from the Air Force Reserves as a lieutenant colonel after 28 years as a judge advocate.
Brian J. Willett completed and published the third edition of his book “Ignorance of the Law is No Excuse.”
Lara Butler, partner and Rule 31 Mediator at Butler, Sevier, Hinsley & Reid, PLLC, was named one of the Who’s Who of Power Players in family law in the Memphis Business Quarterly section in the August 2014 edition of Memphis Magazine. Butler also completed the 12-hour course required to receive the additional Rule 31 Mediator certification for domestic violence.
Glynna Christian has joined the firm Kaye Scholer as a partner in New York with a focus on technology, media, and financial services.
1994
Shea Wellford was recently elected to secretary/treasurer of the Memphis Bar Association, which means she will be vice president in 2015 and president in 2016. Wellford was also named Construction Lawyer of the Year for the Memphis area by Super Lawyers. She was also named to The Best Lawyers in America in the area of commercial litigation and construction law in 2014, named as a MidSouth Super Lawyer in the area of business litigation, named as one of Top 50 Attorneys in Memphis by Super Lawyers, named as one of the Top 100 Attorneys in Tennessee by Super Lawyers, and named as one of the Top 50 Women Attorneys in the Mid-South by Super Lawyers. Wellford was also inducted as a fellow of the American Bar Association in 2014.
Jessica Benton, of the firm Allen, Summers, Simpson, Lillie & Gresham, PLLC, was selected as a Mid-South Rising Star in the area of construction litigation.
Kirk Caraway, of the firm Allen Summers, was selected for inclusion in the listing of Mid-South Super Lawyers by Thompson Reuters for 2014 in the area of employment and labor.
1997 1998
Tanja Thompson was named co-chair of the Little firm’s traditional labor law practice. She will head the group with existing co-chairs Mark W. Schneider (Minneapolis) and John M. Skonberg (San Francisco).
Ronald T. Catelli was voted in as president-elect of the Monmouth County Bar Association, Monmouth County, N.J., and will become president in May, 2015. He practices complex commercial litigation and community association law at The Reussille Law Firm, LLC.
1999
Susan Hinsley, a Rule 31 Mediator at Butler, Sevier, Hinsley & Reid PLLC, completed the 12-hour course required to receive the additional Rule 31 Mediator certification for domestic violence.
2000
Paula Johnson was one of eight lawyers appointed to serve as a workers compensation judge in the new Tennessee Court of Workers’ Compensation Claims. The Tennessee Court of Workers’ Compensation Claims (CWCC) was established by the Tennessee Workers’ Compensation Reform Act of 2013.
2001
Matthew Kirby joined the firm of Harris, Shelton, Hanover, Walsh in 2014 and will focus his practice areas in health care law, labor and employment law, medical malpractice defense, personal injury, and professional liability defense.
2006 2007
Harry Lebair, IV, of the firm Allen, Summers, Simpson, Lillie & Gresham, PLLC, was selected as a Mid-South Rising Star in the area of construction litigation.
2008
Bradley Owens became a named partner for the firm of Hardee, Martin, Donahoe, Owens & Wright, P.A.
2002 2003 2004 2005
Eric Plumley was recognized for his efforts to get a Shelby County historical marker erected for the site of the former American Recording Studio at 827 Thomas Street in Memphis.
2009
Jennifer S. Harrison, of the Hardison Law Firm, P.C., recently graduated from Temple University, James E. Beasley School of Law, in Philadelphia, Pa. with a Master’s of Law in trial advocacy (LL.M.).
Mason Wilson was named a shareholder at the firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Matt Brinner was named a member of the firm, Glankler Brown, PLLC. He will concentrate his practice in the areas of corporate and business transactions, real estate and secured lending, as well as commercial property tax appeals. Anne Johnson Mead, a Rule 31 Mediator at Butler, Sevier, Hinsley & Reid PLLC, completed the 12-hour course required to receive the additional Rule 31 Mediator certification for domestic violence.
Christopher Ingram Jr. was named to the advisory board of the United Athletes Foundation as legal advisor. The United Athletes Foundation was co-founded by former Carolina Panthers Defensive Back Reggie Howard and former Baltimore Ravens All-Pro Linebacker and current ESPN analyst Ray Lewis, with the mission of empowering athletes to impact communities through education and social development. To date, there are over 90 professional athletes associated with the United Athletes Foundation including members of the NFL, NBA, MLB, and WNBA. Lisa Gill, associate at Butler, Sevier, Hinsley & Reid, PLLC, has been elected to serve as vice president of the Association of Women Attorneys and is currently the Memphis Bar Association representative on the board of the Association of Women Attorneys. Reginald Shelton has opened his solo practice at the Candy Factory Suites in downtown Memphis. Mr. Shelton also employs Aayuanna Nash, a May 2014 University of Memphis paralegal studies graduate. The main areas of practice include family law, juvenile delinquency, child custody, criminal law, and personal injury.
Anne B. Davis, associate at Butler, Sevier, Hinsley & Reid, PLLC, has been elected to serve as vice president for the Memphis Bar Association Family Law Section.
Stacie Winkler has joined Kindred Healthcare, Inc’s law department as divisional vice president and associate chief counsel for the Hospital Division. Kindred Healthcare, with headquarters in Louisville, Ky., is the largest diversified provider of post-acute care services in the United States. Chandley Crawford-May began work as operations officer of TexBel Agricultural Investments, Ltd. in Belize in July of 2014.
Meredith Hamsher was named the chair of the New York City Bar Association’s Children and the Law Committee.
2010 2012
Mandy Strickland Floyd joined the firm of Bone, McAllester, Norton, PLLC. Mrs. Floyd served as the senior judicial clerk for the Honorable Richard H. Dinkins on the Tennessee Court of Appeals. She focuses her practice in litigation and dispute resolution, intellectual property and labor and employment law.
2014
Abigail Hall joined the firm of Butler, Sevier, Hinsley & Reid, PLLC as an associate attorney.
26
IN THESE HALLS: FACULTY ACCOMPLISHMENTS LYNDA WRAY BLACK Professor Black’s article “The Birth of a Parent: Defining Parentage for Lenders of Genetic Material” was published in the Nebraska Law Review June 2014 edition. She also spoke at the Athens Institute for Education and Research (ATINER) Law Research Conference hosted in Athens, Greece, with a presentation on how the practices of assisted reproductive technology and surrogacy leave open many questions regarding legal parentage, particularly when couples engage in these practices abroad and then return to their home country with the child. Professor Black was also a workshop discussant at the 2014 Annual Conference of the Southeastern Association of Law Schools, where she spoke on the topic of “Innovations in Trusts and Estates.” JEREMY BOCK Professor Bock’s article “Restructuring the Federal Circuit” was published in the NYU Journal of Intellectual Property and Entertainment Law. His article “Neutral Litigants in Patent Cases” was published in the North Carolina Journal of Law & Technology in 2014. AMY CAMPBELL Professor Amy Campbell, director of the University of Memphis Institute for Health Law & Policy, was selected as one of 10 faculty fellows chosen to participate in the Future of Public Health Law Education: Faculty Fellowship Program. The program is funded by the Robert Wood Johnson Foundation to foster innovations and build a learning community among those who teach public health law at professional and graduate schools. DONNA HARKNESS Professor Harkness participated in the 21st Belle R. & Joseph H. Braun Memorial Symposium/2014 International Elder Law and Policy Conference, jointly sponsored by John Marshall Law School, Roosevelt University and East China University of Political Science and Law, held in Chicago during July. Professor Harkness presented remarks as part of the Panel 2 discussion – “Health Care, Caregiving for Older Persons, and Legal Decision Making.” Professor Harkness’ recently published article “What Are Families For? Re-evaluating Return to Filial Responsibility Laws” was also featured in Professor Katherine Pearson’s (Penn State Dickinson Law) March 18, 2014, post to the Elder Law Prof Blog. D.R. JONES Professor Jones was named as the recipient of the 2014 American Association of Law Libraries Law Library Journal Article of the Year Award. This national award, which is one of AALL’s highest honors, is given for outstanding achievement in research and writing. The award is for Professor Jones’ article entitled “Locked Collections: Copyright and the Future of Research Support.” Professor Jones received the award at the AALL annual meeting in July.
27
Professor Jones currently serves as the chair of the American Association of Law Libraries Copyright Committee. This is a national committee that represents, promotes and advocates AALL’s interests regarding copyright and other intellectual property issues. Professor Jones presented a paper on “Law Firm Copying and Fair Use” at the Works in Progress Intellectual Property (WIPIP) Colloquium held at Santa Clara University School of Law, Santa Clara, Calif., in February and at the 15th Annual Intellectual Property Scholars’ Conference held at UC Berkeley, Berkeley, Calif., in August. Professor Jones was the moderator and a speaker for the program “Emerging Issues in Copyright: What You Need to Know” at the American Association of Law Libraries Annual Meeting in July 2014. DANIEL KIEL Professor Kiel’s documentary The Memphis 13 has continued to screen at universities and other events throughout the country. This spring, the film was shown at a film festival in Honolulu as well as at the University of Pennsylvania. In addition, the film and the 13 students whose stories it portrays were honored in the Congressional record by Rep. Steve Cohen in May. More information is available at www.thememphis13.com. Professor Kiel made two presentations at the Education & Civil Rights Conference at Penn State School of Law in June 2014. One paper offered the merger and demerger of school districts in Shelby County as a case study of contemporary educational reform, while the other made a broad structural critique of the American education system as one of inherent inequality. Professor Kiel also served on the scholar review committee for the renovations to the National Civil Rights Museum, which reopened in April. He consulted on the completely reconfigured exhibition on Brown v. Board of Education and contributed footage that is now featured in the museum. BORIS MAMLYUK Professor Mamlyuk published an article titled “Regionalizing Multilateralism: The Effect of Russia’s Accession to the WTO on Existing Regional Integration Schemes in the Former Soviet Space” in the UCLA Journal of International Law & Foreign Affairs.
STEVE MULROY Florida State University Law Review published Professor Mulroy’s article “Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena,” co-authored by Elon University Professor (and former Memphis law professor) Amy Moorman in the fall of 2014. Professor Mulroy has authored another law review article “Sunshine’s Shadow: Overbroad
Open Meetings Acts As Content-Based And Distinct From Finance Disclosure” which has been accepted for publication in several law journals and is currently being evaluated by others. He made a presentation on this article at St. Mary’s Law School in San Antonio, Texas in the fall of 2014. JOHN NEWMAN Visiting Assistant Professor John Newman’s article “CloudComputing Contracts and Innovation Policy” was accepted for publication in the Handbook of Research on Digital Transformations for a forthcoming 2015 issue. DANNY SCHAFFZIN Professor Schaffzin’s latest article “Warning! Lawyer Advertising May Be Hazardous to Your Health: A Call to Limit Commercial Solicitation of Clients in Pharmaceutical Litigation” was published in the winter 2013-14 volume of the Charleston Law Review. The article has been reprinted in the latest Volume 63 of the Defense Law Journal. Professor Schaffzin served on the planning committee for the Externships 7 Conference, which was held in February 2014 at The University of Denver Sturm College of Law. At the conference, he moderated a plenary session entitled “How Can We Answer the Call to Reform Legal Education When We Agree on Nothing? Developing Principles and Ranges of Acceptability & Excellence.” As part of the conference’s New Clinicians Track, he was also a co-presenter for a concurrent session entitled “Seizing on the Opportunities and Challenges of the Field Supervisor Relationship.” In April 2014, Professor Schaffzin co-presented a concurrent session entitled “Educating Money (and Other Motivators): Teaching Social Justice and Life Balance to Future For-Profit Attorneys” at the annual AALS Conference on Clinical Education in Chicago, Ill. In June 2014, Professor Schaffzin moderated a panel entitled “Evolution of Title VII” at the Remaking America: 50 Years of Title VII of the Civil Rights Act of 1964 Program sponsored by the Equal Employment Opportunity Commission’s Memphis Office and the United States Attorney’s Office for the Western District of Tennessee at the University of Memphis Cecil C. Humphreys School of Law. Schaffzin presented a poster entitled “Clinic Student as Teacher: Developing Professionalism and Transferrable Skills Through Student-Led Community Workshops” at the AALS Clinical Conference in San Juan, Puerto Rico, in April 2013. KATHERINE TRAYLOR SCHAFFZIN Professor Schaffzin has been named as a Provost’s Fellow by the University of Memphis and will serve in this role in the Provost’s office in spring 2015. Professor Schaffzin also had her article “Beyond Bobby Jo Clary: The Unavailability of Same-Sex Marital Privileges Infringes the Rights of So Many More than Criminal Defendants” in the October 2014 issue of the Kansas Law Review.
28
Faculty Accomplishments Cont’d from pg 28
KEVIN SMITH Professor Kevin Smith published his article “25 années de problem-solving courts aux Etats-Unis” in the French publication Cahiers de la sécurité intérieure (Journal of Safety). Professor Smith also continues his service on the Tennessee Access to Justice Commission – Education Advisory Committee and the Tennessee Access to Justice Commission – Pro Bono Committee. JODI WILSON During the Legal Writing Institute’s 2014 Biennial Conference, Professor Wilson gave a poster presentation entitled “Wikipedia on the Rise: Teaching Legal Writers to Assess Non-Traditional Sources.” In June 2014, Professor Wilson gave a joint presentation with Robert B. Vandiver, Jr., entitled “Joint Representation in Bankruptcy - Ethical Considerations” at the American Bankruptcy Institute’s 2014 Memphis Consumer Bankruptcy Conference. Professor Wilson has been appointed to serve as the chair of the Listserv Committee of the Legal Writing Institute and the co-chair of the Survey Committee of the Association of Legal Writing Directors. CHRIS ZAWISZA In April 2014, Professor Zawisza presented a seminar on “Hot Topics in Education Law” to over 100 student teachers in the University of Memphis Department of Education student teaching seminar. In June 2014, she presented a CLE on “Ethics and Professionalism: Integrity in the Courtroom” in Nashville on behalf of the Tennessee Administrative Office of the Courts Dependency Court Improvement Program (AOC). The session has been videotaped for viewing on the AOC website. During the past year, Professor Zawisza served on the Supreme Court Dependency Court Improvement Project Workgroup, which undertook a complete revision of the Tennessee Rules of Juvenile Practice and Procedure. She was responsible for drafting the rule on “Children as Witnesses.” In June 2014, the Supreme Court Law Committee, on which she serves, reviewed and approved the draft rules and submitted them to the Supreme Court Rules Commission. In July 2014, Professor Zawisza represented two children as Guardian ad Litem in a highly contested termination of parental rights trial, which took place over three days and involved 16 hours of testimony. The issue in the case was abandonment by failure to visit and pay child support and abandonment by wanton disregard of the children’s welfare. The children are in local pre-adoptive homes. The Shelby County Chancery Court granted the termination petition.
29
PREYING ON THE
GRAYING FIGHTING ELDER FINANCIAL EXPLOITATION By: Andrew Jay McClurg Professor McClurg holds the Herff Chair of Excellence in Law and teaches in the areas of tort law, privacy law, and gun violence. His recent article in the Hastings Law Journal proposed a statute creating a presumption of elder financial exploitation under specified circumstances. The statute was introduced in the Florida legislature as part of H.B. 409, passed through the House and Senate unanimously, and was signed into law in June 2014. McClurg is the author of numerous books and articles, including the bestselling law school prep book “1L of a Ride: A Well-Traveled Professor’s Roadmap to Success in the First Year of Law School.”
ANDREW JAY McCLURG
Professor McClurg was a featured speaker at numerous events in 2014. He was the keynote speaker at the Tennessee Vulnerable Adult Coalition Annual Meeting, Memphis, March 2014; the keynote speaker at the Open House for Admitted Students and Families, University of Missouri-Kansas City School of Law, March 2014; and panelist on “The Silent Epidemic: Elder Maltreatment and Victimization—A Community Response,” for Plough Foundation, Memphis, Tenn., January 2014.
With seventy-eight million baby boomers retiring or approaching retirement, elder financial exploitation has been called “the crime of the twenty-first century.” Annual losses are estimated to be $3 billion. Getting a firm grip on the problem
protective services, law enforcement, healthcare,
One of the new provisions is a statute I composed
and consumer protection. But the resource issue is
for a law review article in the aftermath of my
not going to go away and elders cannot wait.
father’s case (“Preying on the Graying: A Statutory
Action is needed now.
Presumption to Prosecute Elder Financial Exploitation,” Hastings Law Journal). The statute
One preventative measure would be nationwide
creates a presumption of financial exploitation
laws requiring financial institutions to report
when certain foundational facts are proved.
suspected exploitation. Financial institutions are
Summarized, those facts are: (1) a transfer of
Elder fraud is also a notoriously under-prosecuted
often in the best, most efficient position to detect
money or property in excess of $10,000; (2) by a
crime. Persons reporting suspected incidents to
and disrupt elder financial abuse because of
person sixty-five or older; (3) to a non-relative;
authorities are often turned away, told they are
their existing duties to safeguard customer assets,
(4) whom the transferor has known less than two
family or civil matters. The reasons are varied.
technology for identifying patterns of fraud, and
years; (5) for which the transferor did not receive
As economic crimes, elder fraud cases require
ability to train employees to spot exploitation.
reasonably equivalent value in goods or services.
resources and expertise many police departments
Half of states have such statutes. (Tennessee’s
Defenses exist for valid loans and charitable
lack. Victims often make poor witnesses due to
reporting statute applies only to improper use by
contributions. The presumption is permissive
cognitive impairments. Sadly, a large percentage
a caretaker of government funds and does not
rather than mandatory, meaning the jury is free to
of cases are indeed “family matters” in that the
specifically include financial institutions.) Another
accept or reject it after hearing all of the evidence.
perpetrator is a family member, making them
needed step, in place in some states, is a statutory
difficult to sort out.
procedure allowing authorities to step in and
is difficult because of underreporting. A New York study found only one in forty-four cases is reported.
Like most people, I knew little about the nature or scope of elder financial exploitation, until my
quickly freeze the assets of suspected victims to stop the bleeding.
The law also includes the nation’s only elder exception to the hearsay rule, which will allow reliable out-of-court statements made by victims to be admitted as evidence if the elder dies or
93-year-old dad became a victim. A repeat elder
But prosecutors also need more tools to prosecute
becomes incapacitated prior to trial. Florida also
predator stole half his life savings. Thanks to an
offenders, both to achieve individual justice and
eliminated the requirement that the state prove
aggressive detective and determined prosecutor,
deter criminals. Many elder exploiters are repeat
“deception or intimidation,” an obstacle in cases
she was successfully prosecuted, a rare result.
offenders, in large part because they know the
involving outwardly “voluntary” transactions that
chances of being caught and prosecuted are
were, in fact, the result of undue influence and
minimal.
psychological manipulation.
states and the federal government have passed
Exploiters target elders who show signs of
Other states would benefit from studying Florida’s
hundreds of laws protecting children based on
impairment. (Studies show declining memory
new laws.
the assumption they are vulnerable and unable to
alone is enough to make an elder vulnerable to
protect themselves, older at-risk adults have been
exploitation.) They ensure their dealings with
comparatively ignored despite extensive research
victims occur in secret. They frequently disguise
showing they too are vulnerable. The federal
transactions as gifts or loans. Thus, even when
Elder Justice Act of 2010, hailed as a milestone
pursued, cases often hinge on the testimony of
achievement in elder abuse protection, amounted
a cognitively impaired victim against a typically
to little more than setting up councils and advisory
much-younger defendant. It’s not a fair fight.
boards to study the problem. The law has no teeth.
And that’s assuming the victim cooperates. Many
The case opened my eyes to the lack of attention we have given to protecting elders. While
Much needs to be done. As with many pervasive social ills, lack of resources is a big obstacle.
do not, because of shame or dependency on the exploiter.
In the meantime, keep a close watch on your elders. My sister and I would have voted our dad—intelligent, frugal and college-educated—as the world’s most unlikely victim. In hindsight, research shows he was actually a perfect victim living in a perfect storm of practical, cognitive, and psychological risk factors. He lived alone, recently lost his wife to cancer, showed signs of declining memory and reasoning capacity, and suffered depression and low social-needs fulfillment—all
Experts agree we need more and better-trained
In June 2014, Florida passed a powerful package
indicators of vulnerability. His story is a cautionary
people in every relevant area, including adult
of tools for prosecuting elder financial exploiters.
tale for all. 30
Punk Rock Planning Cont’d from pg 16
small, little acts that makes us all feel differently
“Starting Small. How to Get Permission to Get
about that particular space,” Roberds said.
Good Done in Memphis.”
A tactical urbanism “How To” guide
But more than anything, Hayes says just get out
school.” Roberds said ioby gives these passionate people
Those who believe in tactical urbanism are the
“What we don’t want is for tactical urbanism to
a platform to not only ask for money or help, but
first to tell you that it’s not a silver bullet for any
end up like another process,” Hayes says. “I have
also an empowerment that makes them feel like
city’s major woes. It’s a tool, says Pacello, not the
to have someone show me how to do this or I
it’s OK to ask for money or help. With all of that
tool. They’ll remind you, also, that there’s an
need to take a class or go to a conference or read
in hand, ioby becomes the flame to ignite the
etiquette about it for anyone looking to put it in
something. This is exactly the opposite, man.
energy of those who want to see a change where
action.
It’s like people making makeshift benches, or
usually only a couple of blocks of where they live, or where they work, or where their children go to
they live.
there and make something.
shelters, or bus stops. Quit asking permission. It’s “There are more silver bullets in this town than
punk rock. Just go do something.”
you can shake a stick at,” Pacello says, “and the point is that (tactical urbanism) isn’t one.”
KERRY HAYES
The future of the trend
But Pacello says it is a helpful tool for forging
The very small, chaotic, and sometimes personal
change in a neighborhood. And that the change
nature of tactical urbanism projects makes it hard
can come from the people in the neighborhood,
to predict what’s coming next for the movement.
not from city hall. He points to the Hampline as
But it has spread and is spreading. From planters
an example.
in the roadways of St. Louis, and spray-painted
For example, Roberds said the project leader for
weeds in Miami, to impromptu street takeovers in
the new mural close to Peabody Park was not an
The Hampline is a two-way cycle track that will
The Nations neighborhood of Nashville, this stuff
artist. But she frequently took her child to the
eventually connect Overton Park with the Shelby
is real and is not stopping soon.
park and was tired of looking at the dark, drab
Farms Greenline. It was started as an idea at
underpass and, through ioby, did something
the New Face for an Old Broad event and was
about it.
kept after it. Later, stakeholders raised nearly $69,000 for the project on the website ioby. Final
Projects have a way of creating energy as they’re
construction on the project is set to start later this
underway or even after they’re completed,
year.
“Quit asking permission. It’s punk rock. Just go do something.”
Roberds said. Neighbors recently kicked off an
31
ioby campaign for a fruit tree orchard (called
As punk rock and DIY as some of the especially
What’s likely next, though, is a more formalized
the Nettleton Community Orchard) downtown,
smaller tactical urbanism projects can be, certain
brand of tactical urbanism that will at least see
which spurred more love for the area with more
basic rules apply (or at least they should). Don’t
some agreement on projects from community
clean-up and a mural. More neighbors have
trespass. Get permission if you’re working in a
leaders and city officials. That doesn’t mean the
been seen cleaning up trash in an area around
public space. Try to make your event friendly
door will close on the projects completely, at
Midtown’s Idlewild Elementary School after a
enough to work permit free. But if you need
least it didn’t seem that way in a January news
series of dog waste bag dispensers were installed
one, get a permit. Be polite. Be positive. Be
release from Memphis Mayor A C Wharton Jr.
there thanks to an ioby campaign.
professional. Know your rights. If you decide to
“Like so many U.S. cities, many neighborhoods
get serious about a tactical urbanism project, be
in the Memphis urban core suffer from a lack of
“I don’t know which came first but it makes me
sure to visit the ioby page for Livable Memphis
economic vitality. Addressing blight and crime,
feel like there’s something building through these
and download the group’s very helpful pamphlet
attracting small businesses and incentivizing
Headging Our Bets Cont’d from pg 20
in foreign bonds and 4.4 percent in private equity firms, which often specialize in buying troubled companies, turning them around and reselling them for a profit. It would also invest 4.2 percent of its holdings in hedge funds, which are private investment groups run by money managers who pursue a wide range
TOMMY PACELLO
of strategies. Both private equity and hedge funds revitalization doesn’t have to wait for intervention
typically carry higher fees than other types of
by government or by a large company,” Wharton
investments.
said at the time. “Individuals and neighborhoods have always and must continue to play a critical
These numbers are “targets” — the actual
role in revitalizing Memphis, and I want local
percentage of investments in each class can
government to work with them to make this
change depending on various factors, such as
happen.”
investment performance. A single percentage point represents roughly $22.1 million.
Pacello says the mayor’s office has asked every
The new investment strategy for the pension fund
But even if this new investment strategy does not
city division director to nominate a sort of point
fund parallels that of other cities that have sought
immediately solve Memphis’ pension funding
person for locals so they’ll know who to call if they
higher returns by investing heavily in foreign
problem, Memphians still have far less to fear
want to do a project on a publicly owned piece of
bonds, private equity and most notably, hedge
than their counterparts in other cities across the
property. This is “exciting,” he says, and could spur
funds. This change marks one of the more
country. According to a report by investment
more understanding between citizen groups and
significant shifts in investment strategy for the
research firm Morningstar Municipal Credit
city hall.
pension fund in years; it could result in stronger
Research, Memphis is one of the three best cities,
performance for the city’s pension funds, but it
on a list of the 25 largest U.S. cities, when it comes
also exposes the city and its budget to new risks.
to the amount of money taxpayers would have to
Whitehead says, though, that as good as many tactical
pay to make their public pension funds sound.
urbanism projects are, they may still need more government oversight. “(Tactical urbanism) is good
The hope is that these higher risk/higher reward
and it helps us conceptualize what our city could
investments will yield greater returns than the
The report calculates the amount of money,
look like,” Whitehead says. “But I think as we move
traditional stocks and bonds and that the city
or the burden, of underfunded pensions in
forward we may need some sort of a more formal
will therefore have to contribute smaller amounts
the country’s 25 most populous cities, using a
process — maybe some official group associated
of taxpayer money to fully fund its pension
“median aggregate unfunded actuarial accrued
with the city — to rubber stamp requests.”
obligations. According to the Commercial Appeal,
liability (UAAL) per capita” formula to deduce
the new changes to the pension funding strategy
the amount each citizen of those respective cities
include the following:
would owe towards the pension fund. The number
Punk rock doesn’t normally do well with the
includes not only the direct pension liability for
official rubber stamping of things, but there is a collective group of minds at work in Memphis that
The city will sell some U.S. stocks, reducing their
the city, but also the pension debts for the state,
seems to be heading in the right direction. Tactical
proportion of the portfolio from 34 percent
county, and other overlapping jurisdictions.
urbanism may have found a good middle ground
to 21.9 percent. It will also buy foreign stocks,
According to the report, this UAAL number, per
in the Bluff City, gaining enough momentum to
increasing their proportion from 22 percent of the
capita, allows us to see the true magnitude of the
tip the scales in the favor of the guerrilla planners
portfolio to 31.7 percent; drop its proportion of
burden faced by citizens.
with enough city cooperation to move things
U.S. bonds from 39 percent of the portfolio to 14.4
forward permanently.
percent; and invest 13.4 percent of the portfolio 32
Headging Our Bets Cont’d from pg 32
Sibling Success Cont’d from pg 22
Three cities, Washington, D.C., Charlotte,
ML: What was it like having your sister
N.C., and Memphis have UAALs per capita
in law school with you? Were there any
of less than $1,000, making them the three
advantages to having a sibling enrolled at
cities with the lowest amounts on this list. This
the same time? Karen: It was great being in law school with Kathy. We lived together in Midtown and when I started law school, I had an already established group of friends through Kathy. I knew what to expect and got lots of advice about teachers and studying from all those “seasoned second-years.” I think it was also easier because I had a little piece of home with me always. I did not suffer the same level of adjustment and isolation that many students probably do, mainly getting used to a new roommate, missing family, no one to talk to, etc. Kathy and I had adjusted to sharing the same space long before law school and I had my best friend and trusted confidante right there, under the same roof, sharing the experience with me.
means that despite the city’s struggles with the pension funding issue, Memphians are actually responsible for far less money ($893 per person, to be exact) to help restore balance to the fund. In comparison, Chicago has a UAAL per capita of $18,596 and New York’s UAAL per capita rating is $9,842.
Where do we go from here? The unions in Memphis will continue to negotiate with the city over pension issues, as well as health insurance matters related to pension funding. The state mandate to fix the underfunded pension fund led the city to administer health care cuts for current and retired city employees earlier this year. These cuts were intended to help close the funding gap for the pension fund and keep the city property tax rate from going up. However, the tensions over these retirement and medical benefit cuts are beginning to take a toll and Malone has seen 38 of the city’s front line firefighters quit since January and 50 more retire, and the Memphis Police Department’s numbers are even higher. In July, the MFFA held its annual orientation and only 500 job seekers attended, compared to a normal year with as many as 3,000 people. “We never want good employees to leave. Turnover is always an issue. But, as other cities grapple with this issue, the playing field is leveling,” says Collins. “We believe that we still have competitive benefits, pay, and a great city with a very low cost of living. All this taken together, Memphis has a great package to offer employees — current and future.” 33
Kathy: Well, having Karen finally behind me in a true life event was really different. It was fun to set the pace, but I knew she could keep up. I hope she had a better vision of what her first year would involve. We had both worked hard to get where we were, so being in the class ahead of her just allowed us additional time to share the challenge. ML: Did the competitive nature of law school bring you closer together? Please, explain. Karen: Law school was a life experience that was exciting, challenging and a little scary — all at once. Kathy and I always looked out for each other and wanted the best for each other. I don’t think we ever felt in competition with each other. But I do think just living through that experience together — the seemingly endless study, the living on a budget in the Cabana apartments, the pressure of finals, the six-hour drive home together to go home for the holidays — it served to bond us even more closely as sisters and friends. It is a time and experience that I will cherish forever.
Kathy: As to the competition, we have always wanted the best for each other, so nothing keeps us from cheering the other on. Amongst our classmates though, we were both referred to as “gunners.” However, ask anyone who knows us and they will tell you that the sisters had balance and, most importantly, each other! We are very proud of each other and our accomplishments. ML: Who were your favorite professors while at Memphis Law and why? Kathy: Janet Richards, whom I had for contracts during my first year. She set the tone for hard work and preparation. Also, Toby Sides, my civil procedure professor during my first year, because he offered practical examples using memorable stories to illustrate the use of pleadings, motions and discovery techniques. Finally, Claude Coffman, the guru of legal reasoning. He taught professionalism and theory. He was the gentleman lawyer, always showing appreciation of the rule of law. Karen: I had many fantastic teachers in law school and they all made a lasting impression on me. If forced to pick favorites, I would pick Dean Dan Wanat, Barbara Kritchevsky, Toby Sides, and Claude Coffman. Dean Wanat’s class helped set the pace for the rigors of classes taught in the Socratic method. In that class, I learned to see both sides of a legal issue, how to think on my feet and not be intimidated when grasping for the answer in front of 100-plus of your new best friends when all eyes were upon you. Professor Kritchevsky opened my eyes to constitutional law and its development, and how it meshed with our history and morphed with the evolution of society’s thinking. Professor Sides made a dry, regulation-replete and statute-laden subject like U.S. Income Tax law always fun and relevant to the everyday lives of people we know, and Claude Coffman deftly made administrative law and regulatory law come to life. He was always respectful and always the epitome of a true Southern gentleman — he was class, all the way.
“We give because we want to create opportunities for those who give back to their communities by allowing them the opportunity to realize their dream.” J.W. and Kathy Gibson gave $100,000 to establish the Kathy and J.W. Gibson Scholarship Fund.
When you make a gift to Memphis Law, you
MAKE A DIFFERENCE IN YOUR COMMUNITY. Contact Holly Hazlett at (901) 678-4726 to see how you can make an impact.
“My courtroom interpreting and legal translation experience helped draw me to law school; in many ways, the law itself is a language, which as an attorney I hope to help the community understand and use to seek justice.” -Pablo J. Davis, PhD, CT, JD ‘17 (1L)
Herbert Herff Presidential Law Scholarship Recipient
34
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