UVA Lawyer, Fall 2012 by University of Virginia School of Law

The University of Virginia School of Law

Fall 2012

The Patent Puzzle

“If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea …” —THOMAS JEFFERSON

UPCOMING ALUMNI EVENTS January 4

New Orleans Breakfast and AALS conference Hilton New Orleans, Riverside

February 20

Atlanta Luncheon Four Seasons Hotel

February 20

Birmingham, Ala., Reception SEC Headquarters

February 27

New York City Luncheon Yale Club

February 28

Delaware Reception Wilmington Club

March 7

Northern Virginia Reception Washington Golf and Country Club

March 14

Salt Lake City, Utah, Reception Hotel Monaco

May 10 – 12

Law Alumni Weekend Charlottesville

June 3

Virginia Admissions to the Bar Ceremony Greater Richmond Convention Center

June 11

Washington, D.C., Luncheon Mayflower Hotel

FOR LATEST ON ALUMNI EVENTS: www.law.virginia.edu/alumni

from the dean Paul G. Mahoney …

The Economic Logic of the Patent System Intellectual property has long been one of the Law School’s strengths. Professor Edmund Kitch, who has taught at Virginia for the past three decades, is the author of one of the most insightful and influential articles ever written on patent law. In “The Nature and Function of the Patent System,” published in 1977 in the Journal of Law & Economics, Ed pointed out that the traditional description of the patent system as a means of rewarding inventors and thus spurring innovation was seriously incomplete. In order to understand the details of the system, such as priority and time-bar, one must recognize that they create strong incentives to file patent applications early—often well before the use of the new technology is economically viable. This incentive structure, Ed observed, permits those who “discover” a new technology to publicize their discovery and transfer it to anyone who can better exploit it, not unlike the system of establishing claims to minerals found on public lands. To this day the article is a must-read for anyone seeking to understand the economic logic of the patent system. While Ed was the leading patent scholar at the Law School, now-retired Professor Lillian BeVier coupled her scholarship on the First Amendment with teaching and writing on the “expressive” areas of intellectual property, copyright and trademark.

In recent years, the Law School has been fortunate to add a new generation of outstanding

intellectual property scholars, several of whom contributed ideas to this issue of the UVA Lawyer. Professor Chris Sprigman has gained recognition as the principal theorist of intellectual property’s “negative space”—areas where innovation flourishes despite the absence of effective intellectual property rights. His scholarship, some of it jointly written with Professor Dotan Oliar, another of the Law School’s gifted young intellectual property scholars, has studied innovation in industries as diverse as fashion, cuisine, and stand-up comedy. The Law School is also fortunate to have added two leading patent scholars to the faculty. Margo Bagley, who holds a degree in chemical engineering, worked in research and development with Proctor & Gamble, and is the co-holder of a patent, combines deep practical experience

From the Dean …

with careful theoretical insights. She is a member of the board of directors of the Public Patent Foundation and has served on a committee of the National Academy of Sciences focused on how universities manage their own intellectual property portfolios. John Duffy, who joined the faculty last year, was named by the American Lawyer as one of the 25 most influential people in the nation in intellectual property. The U.K. publication Managing Intellectual Property has similarly named him one of the 50 most influential in the world. Like Margo, John brings deep practical experience, in his case on the litigation and advisory side, to the legal academy. This issue showcases our intellectual property faculty and several alumni of the Law School who are on the front lines, including retired Chief Judge Paul Michel ’66 of the United States Court of Appeals for the Federal Circuit, T.J. Angioletti ’92, Chief IP Officer for Netflix, Eric Tassone ’98, who followed his JD with a Ph.D. in biostatistics and is now a statistician and quantitative analyst for Google, and Chris Hockett ’85, a litigation partner with Davis Polk. They analyze the operation of the patent granting and litigation system in light of an explosion in innovation and patent volume. From the perspective of patent-intensive industries, the features of the patent system that serve the “prospecting” function Ed Kitch described 35 years ago are double-edged swords. The fact that one can patent a new technology without practicing it leads to early disclosure and accelerated commercial use of new ideas. But it has also led to the rise of the “patent troll,” who acquires patents not to create new products, but to look for infringers to sue. At the same time, the complexity and breadth of new technologies potentially subject to patent has stretched the resources of the Patent and Trademark Office. I hope you enjoy the discussion of these timely and important issues.

… Our graduates followed this summer’s crisis at the University with concern. Many continue to wonder how the University’s governance structure is functioning in the light of President Sullivan’s reinstatement. We therefore thought you would be interested in Professor George Cohen’s recent remarks to the Board of Visitors, which we have edited and present herein. George, as most of you know, is the chair of the Faculty Senate and as such played a highly visible role in this summer’s events.

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DEPARTMENTS

FEATURE STORIES

from the dean

the Patent PUZZLe: harneSSInG the aCCeLeratInG PaCe of InnoVatIon

The Economic Logic of the Patent System 4

LaW SChooL neWS

the VIeW from the BenCh

faCULtY neWS & BrIefS 53

CLaSS noteS 83

In memorIam 84

In PrInt 91

Letter to the edItor 93

oPInIon

ASSOCIATED PRESS

Statement of George Cohen to Board of Visitors September 13, 2012

FALL 2012 VoL. 36, no. 2 |

EDITOR CULLen CoUCh

ASSOCIATE EDITOR denISe forSter

CONTRIBUTING WRITER reBeCCa BarnS

DESIGN roSeBerrIeS

PHOTOGRAPHY tom CoGILL, CULLen CoUCh, Warren CraGhead, BrIan mCneILL, erIC WILLIamSon, and marY Wood

Law School News

CONSTRUCTION | Mary Wood

New Karsh Student Services Debuts

he Law School has wrapped major construction on the new Karsh Student Services Center and other renovations designed to improve the student and visitor experience. “This summer’s work went remarkably smoothly,” said Dean Paul G. Mahoney. “The Karsh Student Services Center will help us better serve current and prospective students.” The project was made possible through a substantial gift from Martha Lubin Karsh ’81 and Bruce M. Karsh ’80 of Los Angeles. “Martha and Bruce Karsh believe that what sets Virginia apart is the student experience and they were eager to make possible a project that will enhance that experience,” said Mahoney. “The Law School community is deeply grateful for their generosity.” The renovations, which launched in earnest over spring break, redesigned student services offices in Slaughter Hall to include reception areas and expanded the space allotted to the Law School’s 20 clinics. The construction involved creating a two-story atrium that juts out into the Slaughter Hall courtyard, known as Purcell Garden, and offers a gathering space that will lead into the redesigned garden. Students who participated in ongrounds interviewing enjoyed the natural light in the new interview rooms, and “it is exciting to see the whole project come together,” said second-year student and tour guide Chelsea Belote. “I can’t wait to take

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prospective students on tours of our new facilities.” On the first floor of the center, visitors and students have easier access to the Admissions, Financial Aid, and Graduate Studies offices. A staircase in the atrium leads to new offices for Career Services, the Public Service Center, and Clerkships Office, all grouped around a central reception area just around the corner from interview and videoconference rooms. Clinics have expanded space on the second floor as well. “Getting our clinics outfitted properly, considering their tremendous growth, was an important part of this project,” said Senior Associate Dean for Administration Stephen Parr. “Now, they have additional faculty offices and more shared workspaces.” Professor Richard Balnave, director of UVA Law’s clinical programs, said the clinics are “especially grateful for the conference room spaces. In our old location, several clinics shared a single conference room,” he said. “Now we’ll be able to discuss our clients’ confidential matters within the confines of our clinic space.”

The renovations required many staff and faculty members to relocate over the summer to classrooms and other spaces in the Law School. “Building Services, Law ITC, and others worked long and hard to manage the construction and get us to occupancy on time,” Mahoney said. “Many departments and individuals had to relocate temporarily. I am grateful to all of them for the cooperation and good cheer that they brought to this project.” With staff back in their offices in time for the start of the school year, affected departments are enjoying the renovated spaces. “The new space is wonderful,” said Senior Assistant Dean for Admissions Anne Richard. “Having the admissions staff all together and centrally located on the first floor is extremely important because we now are more visible and easily accessible to our applicants and admitted students.” Additional changes include a redesigned staff and alumni lounge that opens onto a balcony with a view of the garden. The Virginia Law Review and Virginia Journal of International Law moved to new and

Law School News …

improved offices on the second floor of the library. Other renovations make better use of existing space. Two new interview rooms overlooking the Purcell Reading Room were added, and Purcell, known also as “the Fishbowl,” is being modified to better serve as a space for events. The Student Affairs and Student Records offices were connected through an interior hallway to provide better workflow between the departments.

FLIPPED | Mary Wood

Prof Models New Way of Teaching

he first-year students in University of Virginia Law Professor Rip Verkerke’s Contracts course are concentrating on their laptops and clicking through content on a recent Thursday morning, but they’re not distracted by Facebook or Twitter. They’re taking a brief online quiz testing their understanding of a concept the class has just covered. Verkerke is one of ten University of Virginia professors to win a $10,000 Hybrid Challenge Grant to convert a fall-semester course into a “hybrid technology-enhanced” offering. Though Verkerke has long been at the forefront of using technology in class— he’s built course websites for over a decade and was the first UVA Law professor to audio record all of his lectures—he has taken a quantum leap this year in reimagining how to teach Contracts with online tools and a new understanding of how students learn. “I put all my materials and my course through an atomizer, and now I’m reassembling the bits in a whole new way,” Verkerke said. “I’ve drawn the guiding principles for this new approach from research on teaching and learning, and from the insights of cognitive psychologists. The overriding goal

is to harness the power of ‘doing’ to promote deeper learning for students.” Verkerke’s redesigned course uses a “flipped” classroom model, in which students watch pre-recorded lectures outside of class and participate in more interactive learning inside the classroom, a practice now being touted by many educational experts. This model has become increasingly popular in undergraduate classrooms, Verkerke said, particularly for science and engineering instruction, but it has not been used widely in law schools. Paired with team-based peer instruction, Verkerke believes this method could transform students’ learning experiences in traditional classes. “I’ve always taught Contracts in a completely Socratic dialogue,” he said, which means asking individual students a series of questions to illuminate a legal concept for the entire class. “So I have to think very carefully about which parts of the material really don’t need that Socratic dialogue, that really are better just presented as a screencast video lecture so that students can pause, rewind, view again, easily take notes, and so on.” Now Verkerke records most of his lectures sitting at his desk in his office while navigating PowerPoint slides for students to view at home. Class time is primarily reserved for problem-solving exercises, small-group discussions, and making sure students understand the materials and lectures they covered at night. The course is supported not only by a binder of collected readings, but also a website that allows Verkerke to post materials, administer quizzes and participate in online discussion forums. It’s a new way of teaching law, and a new way for students to learn it. “The instructor is available to provide guidance and mentorship, to answer questions and to provoke students to think more deeply about the issues,” Verkerke said, while admitting, “I am a complete novice at this approach to teaching. I feel like a firstyear professor again. It’s kind of exciting, but in a way it’s also quite frightening.” Verkerke started thinking about changing his teaching model after reading about

flipped classrooms in publications like the Chronicle of Higher Education. He recognized he was already spending a significant amount of time guiding students individually or in small groups outside of class. “I think those individual and small group discussions are often some of the most valuable teaching I do,” he said. In May, Verkerke, who was also recently among the inaugural class of faculty elected to the University Academy of Teaching, started to develop ideas about how to run a flipped course through the UVA Teaching Resource Center’s weeklong Course Design Institute. Over the summer he experimented with online learning tools and settled on Canvas, an online learning management system that is also used by the Darden School of Business, to serve as a course website. He integrates other tools as well, including Learning Catalytics (for in-class surveys and quizzes), Panopto (for recording lectures) and Piazza (for online discussions). Applying for UVA’s competitive Hybrid Challenge Grant cemented Verkerke’s commitment to the new model. Announced and awarded this summer, the grants are a new collaboration between UVA President Teresa Sullivan and the Faculty Senate to promote creative uses of technology that enhance on-Grounds courses. “We tend to get set in our ways,” Verkerke said. Designing a hybrid course “freed me of the rigid order that I had maintained before and allowed me to rethink the organization of each class session at a fairly fundamental level.” Though the first-years are new to law school, their Contracts course stands apart. “It’s really very different from all of my other first-year classes,” Colin Downes said. “The classroom experience becomes a lot more informal and immediate because Rip has a good sense of where everyone’s at and what he needs to focus on.” Classmate Shannon Hayes praised the amount of work it was apparent Verkerke has already put into the new course. “I sent him a message in one of the

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online resource interfaces at 11:49 [p.m.] and I had a response at 11:52—I’m not kidding, that’s a three-minute turnaround,” she said. “That’s absolutely insane.” Throughout the semester, students take quizzes at night so Verkerke can gauge their understanding of the materials. Most are true/false or multiple-choice, but the final question is open-ended and the same each time: “What aspect(s) of the materials in this module did you find most difficult or confusing?” “The student responses are really revealing,” he said. “Sometimes they’ll ask very subtle and clever questions that raise interesting issues and provoke more discussion. So I’ve found that dialogue to be quite rewarding. I feel as though I’m doing something good for them in focusing on precisely the point they found confusing.” Downes said the work at night allows them to accomplish more in class.

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“[Verkerke will] rework his lecture overnight in response to what he’s seeing in the quizzes that are coming in,” Downes said. “He’s making an effort to make that feedback immediately a part of his pedagogy.” In a typical law school classroom, Verkerke said, students are reluctant to admit confusion, and there’s not much time to explore which topics are most problematic, and whether all students understand a concept. “They’ll discuss and debate and argue in their groups much more vigorously than they ever do early in the semester or maybe even ever in a conventional class,” Verkerke said. “They’re going at each other and they’re making good arguments, interesting arguments. And I get to listen in and guide them towards a better understanding of each question we consider in class.” Verkerke said he’s noticed that students feel empowered by reporting the results of the group’s discussion back to the entire class.

Rip Verkerke received a UVA Hybrid Challenge Grant to “flip” his course.

“It’s kind of nice to be able to bounce ideas off each other and come up with our approach,” Hayes said. The students’ first exercise was to negotiate their own classroom policies, guided by a series of surveys whose results could be viewed real-time on a projector screen. “It was cool to see this graphical representation of how people’s attitudes changed really quickly in response to things we were talking about in class,” Downes said. “His goal for it was to teach us the difficulty of consensus-building in multiparty environments. That tool definitely made that exercise really interesting.” Orchestrating class in this new environment can also be a challenge—one window on Verkerke’s podium monitor shows what

Law School News …

the class sees, another shows survey results, and still other windows may show PowerPoint or other teaching materials Verkerke has ready to project at any time. “And then there’s just the dynamic of how you move around the classroom, what you say when you get to a group, [and] how do you gauge when to cut off group discussion as opposed to giving more time—those are all things where I feel like I’m at the very beginning of discovering how best to teach using these new methods,” Verkerke said. Unlike most law classes where grades are based on a single final exam, students’ final grades will be based on multiple assignments throughout the semester, including frequent quizzes, written preparation for class, two midterm essay exams, simulations, and in-class exercises. Instead of the traditional final exam, students will prepare a final learning portfolio in which they collect examples of their work throughout the semester and write an essay that documents the content, scope, and quality of what they have learned, along with reflections about how they have developed as learners. “A key part of developing the ability to be a lifelong learner is to develop the capacity for self-reflection,” Verkerke said. “And the purpose of this part of the course design is to help students develop that skill.” Despite the time commitment and work involved, Verkerke plans to bring his new teaching method to his Employment Law classes in the spring as well—perhaps a greater challenge since it will involve a total of 100 students instead of the 30 in his current Contracts course. “I will have to dial back the number of assignments that I comment on [online],” he said. Verkerke said he is transforming his courses so that students are not simply “observers” in a classroom where a professor is engaging with only a few students. His goal is to have “as many students making arguments as much of the time as possible, and having them listen to their classmates’ arguments, and trying to persuade their peers and wrestle with difficult legal problems.”

“In a way, I think it might be easier for someone who’s a first-time teacher to construct such a class from scratch because I feel a powerful sense of inertia, a driving need to do what I did last year, because most students thought the course was terrific,” he said. “Why shouldn’t I just do that again? And I have to keep reminding myself I have an objective here. I am experimenting, but I also have some research-based principles that I’m trying to implement with an eye to improving the learning experience for students.”

SUPREME COURT | Brian McNeill

Former Clerks Explore Pending Case in Classroom

wo former U.S. Supreme Court clerks recently taught a short course that offered students an in-depth study of a case being argued this term at the Supreme Court. The two-week course, Supreme Court Decision-Making: A Case Study, explored all aspects of Bailey v. United States, a case involving the question of whether police officers are allowed to detain someone while searching the person’s home, even though the individual has left the premises. “We thought we could give the students a unique lens into the Supreme Court based on our experience of having clerked there,” said co-instructor Katherine Twomey ’08, who clerked for Justice Antonin Scalia during the 2009–10 term. Twomey now does appellate work at Latham and Watkins in Washington, D.C. Twomey and the course’s other instructor, Daniel Epps—who clerked for Justice Anthony M. Kennedy and now works at King & Spalding’s national appellate litigation group in Washington—said that by

studying Bailey, the students will better understand how the Court operates. “The idea of the class is to use Bailey as a way to look at how the Supreme Court works in general. Part of that involves digging into Bailey itself, but the idea is to not just learn about Bailey, but also to learn about the Court,” Epps said. “We chose Bailey because although it’s not the most high-profile case in the world, it’s a neat case. It involves a discrete issue that is pretty easy to understand without a whole lot of background.” The course on Bailey is one of two dozen short courses being offered this year that delve into an array of topics, including wrongful convictions, the financial crisis, Islamic law, negotiations, startup biotechnology, and trade secrets. “Our short courses offer students the opportunity to study a distinct topic in an extraordinary level of detail,” said Vice Dean George Geis. “They are perfect capstone classes for a student who wants to focus on a specific legal issue or application. We are fortunate to attract many renowned judges, lawyers, executives, and scholars to teach many of them.” In their short course on Bailey, Twomey and Epps started by giving the students a crash course in Fourth Amendment law, followed by a discussion of the precedent at issue in Bailey, and the theoretical backdrop for the case. The students then dug into Bailey itself, reading a number of key documents, including the district court’s motion and opinion, the court of appeals’ opinion and the petition for certiorari and opposition filed with the Supreme Court. “The cert process is something that we’re very familiar with,” Twomey said. “One of your main jobs as a [Supreme Court] clerk is to read cert petitions and write cert memos. We can ask the students their views about whether Bailey was a good candidate for cert. What are the considerations that the Court uses? What arguments would you make on both sides?” After discussing the cert process, the course focused on the merits briefs, oral

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arguments, and the procedures by which the Court votes and assigns opinions. Ultimately, the students were assigned the task of drafting their own opinion in Bailey. “It’ll be useful for students who are going to go on to clerk for judges because they’ll have to draft opinions,” Epps said. “But even for students who aren’t, hopefully the experience will be useful because it forces you to stake out a position and respond to counterarguments.” Eight of the students who took the short course attended oral arguments in the case at the Supreme Court. Second-year Caroline Schmidt said she is interested in appellate advocacy and was excited for the chance to follow Bailey from the initial police reports and the warrant, all the way up to oral arguments before the Court. “I know I will be eagerly anticipating the Court’s decision in a few months now that

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I have learned so much about the case and feel I have a real stake in its outcome,” she said. “It has been fascinating to study a case, and the Supreme Court decision-making process, with two practicing attorneys who have first-hand experience clerking on the Court and, now, practicing as appellate attorneys in D.C.” Schmidt added that the course provided a chance to hear the instructors’ insider perspectives and to ask them honest questions about how the Court functions. Secondyear Saverio Romeo said the course allowed him to put himself in the shoes of Supreme Court clerks and justices. “In other classes you typically read cases and try to learn what the ‘rule’ is; in this course, we get to determine what that ‘rule’ should be,” he said. “This is a complex consideration that requires an understanding and balancing of many conflicting interests.”

Third-year Jordan Miller said he took the course because he is interested in clerking, as well as Fourth Amendment law. “Although UVA has a wonderful set of professors with significant practice background, the opportunity to take classes from lawyers currently engaged in legal practice who are passionate about a more-focused topic is something that we all should take advantage of,” he said. “This is my fourth semester of taking a short course and so far I have been able to take a class from a JAG officer, two federal judges, and now two former Supreme Court clerks.”

Co-instructors Daniel Epps and Katherine Twomey ’08 — both former Supreme Court clerks — taught the short course Supreme Court Decision-Making: A Case Study.

Law School News …

WORKSHOPS | Eric Williamson

Meeting of Minds Sparks Ideas

illiam & Mary Law Professor Laura Heymann was presenting her paper on what makes commodities such as art and consumer products authentic during a recent Law and Humanities Workshop at the Law School when a typical interchange sparked a not-so-typical idea. Professor Anne Coughlin, who teaches criminal law, said the paper inspired her to think about confessions and evidence as well. “There are times when a court is making a decision about a particular ‘production’—a confession by a person to a crime, or some document someone is giving—and the court has to decide: Is this thing authentic?”

“That’s an angle that I would not have thought deeply about on my own,” Heymann said following the workshop, “and is great proof of the value of discussing one’s work with scholars outside of one’s immediate field of research.” The workshop series, sponsored by the Law School’s Program in Law & Humanities, is designed to generate just this kind of creative feedback for scholars presenting their works in progress, said professor and program director Charles Barzun. “One of the points of the workshop is to allow the speaker to get questions from multiple disciplinary perspectives,” he said. “This is not required as a formal matter but rather tends to happen naturally, as different questions occur to people, depending on their scholarly focus.” The workshops are open to any UVA professors or students interested in reviewing and commenting on the scholarship of invited speakers, who include scholars from

Laura Heymann of William & Mary Law School, right, discusses her paper with UVA Law Professor Kerry Abrams and other faculty members.

across the country in fields such as English, anthropology, literature, art theory, and film criticism. Peter Brooks, a comparative literature professor now at Princeton University, helped launch the Program in Law & Humanities and its workshop series in 2004, during his tenure at UVA as a University Professor. He was joined in building the program and its workshop that year by Law School faculty members Anne Coughlin, Jon Cannon, and Dan Ortiz. Brooks, a renowned humanities scholar who taught for decades at Yale, is scheduled to return to Virginia to present a paper at the March 18 workshop. The workshops take place several times during the school year. Law Professor Kerry Abrams joined the

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faculty in 2005 and began working with Brooks soon after to help run the workshop. She has been actively involved ever since and serves on a committee that helps choose the speakers, along with Barzun and Coughlin, and professors Molly Bishop Shadel and Deborah Hellman. “We try to achieve a balance of methodological approaches” in deciding who will present, said Abrams. “We also consult with other faculty to ascertain whether there are scholars they would like to meet and engage with and who fit well within the program parameters.” Barzun and Abrams said both the workshop and the Program in Law & Humanities provide a space for students to examine legal questions through a humanistic lens, and offer faculty a community that engages in and understands interdisciplinary law and humanities scholarship. Apart from the workshop series, the program also hosts occasional conferences, including the upcoming March 2014 annual meeting of the Association for the Study of Law, Culture, and the Humanities. Though the workshop features scholars from across the country, Barzun and Abrams said it also ultimately aims to foster greater interdisciplinary scholarship at UVA in particular. This past spring, Mai-Linh Hong ’08, a Ph.D. candidate in English at UVA, presented a paper at the workshop focusing on the intersections of literature, culture, and the law. “Having Mai-Linh return to the Law School as a developing law and humanities scholar really brought the purposes of the program full-circle,” Abrams said. “We hope that she is just the first of many students who will start their scholarly careers in our classrooms, just as we are proud that we have sent so many lawyers out into the world of practice with critical and analytical skills honed by studying interpretation from a variety of perspectives.”

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FACULTY Q&A | Mary Wood

Hellman Critiques Court’s Role in Defining Corruption in Campaign Finance

hether various campaign finance laws are constitutional often depends on how the Supreme Court defines what kinds of political contributions or spending are corrupting. But the Court should not be deciding what constitutes corruption in electoral politics, says Law Professor Deborah Hellman. “The main front in the battle over the constitutionality of campaign finance laws has long focused on defining corruption,” Hellman writes in “Defining Corruption and Constitutionalizing Democracy,” a forthcoming paper to be published in the June 2013 issue of Michigan Law Review. “Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly.” The Supreme Court used just such a narrow definition of corruption in striking down restrictions on corporate spending in Citizens United, which affirmed the right of corporations to run independent political ads. Hellman says legislators—not courts— should determine what amounts to corruption in campaign finance, since by doing so they will, at the same time, be defining the elected official’s role in a democracy. The Court is often reluctant to say what is required for a well-functioning democracy, Hellman writes, so “why refrain from constitutionalizing a view of good government in some cases (e.g., partisan gerrymandering)

while asserting in others (e.g., campaign finance) that the court knows corruption of good government when it sees it? The two are but flip sides of the same coin.” “Where both individual rights and questions of democratic theory are at issue, the Court should be cautious and careful about whether judicial intervention is appropriate,” she writes.

How did you become interested in this issue? I became interested in how the Supreme Court handles campaign finance issues because I was struck by the incredible stretch involved in its landmark case in the area —Buckley v. Valeo. In that case, the Court held that both giving and spending money on politics are protected as “speech” under the First Amendment and so laws that limit them must pass very high hurdles. The main reason the Court found giving and spending money on politics is a form of speech was that money facilitates speaking. How would one buy a TV or newspaper ad without money? But this argument is far too quick. While it is true that money facilitates speaking, this isn’t because of any special connection between money and speech. Rather, money makes it easier to speak because money makes it easier to do almost anything; simply put, money is useful. Yet not all constitutionally protected rights are treated by the Court as including the right to spend money in order to better exercise them. One has a right to sexual intimacy following Lawrence v. Texas, but no right to spend money on a prostitute in order to facilitate the exercise of that right, for example. So simply noting that money helps one to speak is insufficient to conclude that the right to spend money is a part of the right to speak. I developed this argument in an article “Money Talks but It Isn’t Speech.” Writing that article started me thinking about corruption. So many of the Court’s campaign finance cases turn on a definition of corruption, yet the Court nowhere explains why it, rather than Congress or state legislatures, gets to define this term.

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You argue that corruption is special because it is a derivative concept, meaning its definition depends on a theory of the institution or official involved. You write that “what rightly counts as corruption of one type of institution or official within it is not the same as what counts as corruption of another type of institution or official.” What does that mean for how the Court should—or shouldn’t— address the issue of corruption in campaign finance laws? How does the issue parallel with other derivative concepts the Court has addressed?

Deborah Hellman’s authored the forthcoming paper, “Defining Corruption and Constitutionalizing Democracy.”

Why is it a mistake for the Supreme Court to try to define corruption? Isn’t their role to help clarify what can amount to legal terms? When the Supreme Court strikes down a law for conflicting with the Constitution, it must define the terms that are either in the Constitution itself or that a good interpretation of the Constitution requires it to define. In order to determine whether a law violates the First Amendment’s command that “Congress shall make no law abridging the freedom of speech,” the Court must define “speech.” And that is what the Court is doing when it finds that giving and spending of money in connection with elections are protected under the First Amendment. The Court then goes on to say that restrictions on this “speech” are permitted so long as they serve a compelling governmental interest and are narrowly tailored to protecting that interest. This is where corruption comes in. The Court is saying that preventing corruption, as it defines corruption, is compelling enough to justify restrictions on the “speech” of giving and spending money in politics. So “corruption” is not a legal term that the Court must define in order to do its job.

Corruption doesn’t have a single definition. Rather, a definition of corruption for a particular institution depends on a theory of how a particular institution ought to function. So, for example, nepotism is considered a classic example of corruption in government. If I work for the government and I hire Tom because he is my brother, even though he is less qualified than other job applicants, this is corruption. Suppose instead that I invite Tom to a holiday dinner because he is my brother, even though he is a less-talented conversationalist than other people I might have invited. Here we would say that I do not act corruptly and the reason we would reach this conclusion is that the norms of a good family are quite different from the norms of good government. Once we recognize that corruption is a derivative concept in this way, we realize that when the Court defines corruption of government in its campaign finance cases, it inevitably defines what constitutes good government at the same time. Yet this is a task the Court ought to be cautious about taking up. In other areas of law, apportionment and gerrymandering especially, the Court has recognized that there are many ways for governments to function democratically and, within very broad limits, balancing these sorts of concerns is best left to Congress and state legislatures.

Ultimately you suggest that the metric justices should use when considering whether campaign finance or election laws

are unconstitutional is “the degree to which the law at issue infringes on the individual right,” such as free speech or the right to vote. How might that play out? If there are reasons for judicial oversight and reasons for judicial deference in this area, then determining which should carry the day will depend on how clear it is that an individual right is being affected. So, one might say that a law forbidding anyone from spending any money on elections would be in trouble. While it is for the legislature to determine what constitutes good government and thus whether restrictions on money in politics are necessary to prevent corruption, people still can’t do much speaking without spending some money—even a pen costs something. At the same time, capping spending at roughly the amount that contributions are capped would not affect an individual’s right to speak much at all. She can still express her support by some speaking with money or by donating to her favorite candidate, and can always continue speaking in ways that do not cost money. Once she has bought the computer, endless speaking is practically free.

If the Supreme Court would move to a model like you are proposing, would key campaign finance cases in recent years have been decided differently? How? Whether the Court has upheld or struck down campaign finance laws has almost always turned on how it defines “corruption.” When the Court defines corruption narrowly as amounting only to bribery or the appearance of bribery (what it calls “quid pro quo” corruption), it has struck down most laws [restricting giving and spending money in elections]. For example, it has struck down restrictions on spending by individuals on their own campaigns and restrictions on spending that are not coordinated with campaigns, as one cannot bribe oneself and if spending is truly independent, there can be no quid pro quo involved. When the Court understands corruption broadly as encompassing disproportionate

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access by wealthy individuals or as including the fact that corporations can influence elections even though the money they are able to bring to bear has no connection to actual support for the views they express, then campaign finance laws are generally upheld. If the Court were to refrain from defining corruption at all, most campaign finance laws would be upheld so long as the laws were aimed at curbing corruption as the legislature itself defines it.

You come down on the side of judicial deference versus judicial oversight. But if legislators (and the people who elect them) have more power in this issue, could it lead to unchecked corruption, where legislators write rules that favor their own interests? The Court would still have some role to play, though it would be far more limited. The Court should look at campaign finance laws to make sure that legislators are not simply trying to ensure their own reelection. You are right that we cannot leave the fox guarding the hen house completely. But at the same time we should recognize that this sort of incumbency protection is of far greater concern in the context of partisan

gerrymandering and here, as yet, the Court has been reluctant to intervene precisely because it is so hard to say what are the elements of a healthy and well-functioning democracy.

How does this article fit in with your scholarship overall? As I mentioned, this piece grows out of my previous article—“Money Talks”— which challenges whether restrictions on giving and spending money really are restrictions on “speech” as the First Amendment defines that term. I plan to also write something about how the Court ought to think about the “appearance of corruption.” The Court has said that restrictions on giving and spending money on politics are justified only in order to prevent corruption or its appearance, but has said very little about how we ought to understand the second half of this formulation. That is a question I would like to take up.

What are you working on next? At the moment I am working on two book chapters, neither related to campaign

finance issues. The first is about precedent and the second is about the moral foundations of discrimination law. I hope to return to campaign finance—and the appearance of corruption issue—very soon, as I find the fact that money is so central to political success deeply disturbing. And there is one ray of hope in that area worth pursuing. In a lesswell-known unanimous opinion written by Justice Scalia — Nevada Commission on Ethics v. Carrigan [also a case the Law School’s Supreme Court Litigation Clinic won]—the Court held that the Nevada legislature did not violate the freedom of speech of its legislators by requiring them to recuse themselves from voting on legislation in which they had a financial interest, as the legislature defined it. The opinion is written broadly and clearly holds that the legislator has no personal right to his vote, as the vote is a share of the legislature’s power, and thus laws that govern its use are for the legislature to make. If this is right, then perhaps legislatures can adopt laws restricting their members from voting on issues when they have taken money from groups or individuals that stand to benefit from the laws under consideration. It is surely something to think more about.

Find Other Faculty Q&As Online: Archive: http://bit.ly/faculty_qa

Jim Ryan ’92 on “Poverty as Disability” and Reforming Special

John Morley Named New Director of Law & Business Program

Education Law

David Martin on New U.S. Policy to Defer Deportation of Young George Yin on the “Greatest Tax Suit in the History of the World” and

Immigrants

Why It Matters Today

Richard Bonnie ’69 on the Need for a Constitutional Right to the John Jeffries ’73 Makes Case for Reforming Constitutional Torts

Insanity Defense

Lois Shepherd and Margaret Foster Riley Seek to End

Leslie Kendrick ’06 on the Pattern of Supreme Court’s First

Common Conflict of Interest in Clinical Research

Amendment Jurisprudence

A.E. Dick Howard ’61 discusses Emerging Picture of the Roberts Court

12 UVA Lawyer / Fall 2012

Law School News …

TRANSACTIONAL LAW CLINIC | Brian McNeill

Giving Startup Companies at Darden a Legal Leg Up

hrough a new clinic Law students are providing free legal services to startup companies founded by students at UVA’s Darden School of Business. In the Transactional Law Clinic, which launched as a trial course in the spring and officially began this fall, Law students work with MBA students who are starting fledgling companies through the Darden Business Incubator program. The program helps graduate business students prepare their early-stage startups to the point of receiving support from investors. “For the Law students, the people going into the Darden Incubator are the perfect population for gaining experience in advising companies,” said Russell Schundler, the clinic’s director. “Many times, these companies are early stage enough that they really have not made many decisions yet. It’s a stage when the Law students can work with the Darden students on the legal implication of their business model and help the businesses build a strong legal foundation.” The Darden students, he added, find it helpful “because they receive free education about the legal issues they’re going to run into with their proposed businesses and become sensitized to legal issues that small businesses are likely to encounter.” In the spring, six Law students participating in the clinic worked with 12 companies in the Darden Business Incubator. After spending time in class covering some of the subject matter they were likely to need—namely tax, corporate, and intellectual property law—the Law students then interviewed the Darden students and started identifying the companies’ legal needs.

One of the companies, MobilizeArt, is building a website that will sell original art—by art, design, and architecture students and others—for less than $100. “You’ve got a lot of good art that artists currently don’t think to sell,” said Darden student Zubin Mehta, the company’s founder. “And you’ve got a lot of demand for affordable art that currently is being fed by generic posters of Monets, of models, of fast cars. So I’m trying to bring the two together and actually create a site where you can buy original art, and where most of it will be under $100.” After meeting with the Darden students, the Law students drew up an initial legal issues memo, outlining the startup’s needs and potential future challenges. They also

think that I would have gotten a lot of the long-term thinking [the Law students] gave me because I would have been thinking about the clock and the running bill. I’d be focused on, ‘These are the five things I need to cover, as quickly as I can, and then get out of the office. Let’s not deviate from these five points.’” Schundler said the lessons students learn in the clinic apply to all lawyers who work with businesses. “Whether you’re going to be dealing with startups, or just general corporate work, it’s a good experience because a lot of what we’re really doing in the clinic is teaching the Law students how to communicate about potentially complicated legal issues [and] allow the clients to make decisions

“The Law students can work with the Darden students on the legal implication of their business model and help the businesses build a strong legal foundation.” provided needed documentation, such as corporate formation documents and website terms of use. In Mehta’s case, the students provided standard contracts and nondisclosure agreements that he will need as his company gets off the ground. They also helped Mehta identify potential legal problems he may encounter down the road, allowing him to strengthen his business model for the long term, he said. “I was able to work through the pros and cons with them, [and] find alternatives,” he said. “I think that’s really where they added the most value. Long-term thinking about things I wouldn’t have thought of, and maybe wouldn’t have affected me in the first few years. But four or five years out, these are the things that I could come to regret.” Had it not been for the Law students’ advice, Mehta said, he almost certainly would have needed to hire a professional lawyer. “That would have been very expensive,” he said. “And if I’d spoken to a lawyer, I don’t

about what the legal implications of their actions might be,” he said. Robert Lynn ’12 said he enjoyed tackling the novel legal challenges that arise with launching innovative new companies. “These companies are walking into legal issues that no one has ever looked at before, no one has ever considered before,” Lynn said. “It’s been really exciting to walk with these clients through the research and [to try to help] set them up with a company that can succeed.” Following graduation, Lynn went to work at a law firm in Northern Virginia that represents emerging technology-focused startups. “This clinic has given me a really awesome opportunity to learn exactly the kind of trade that I’m going to step into,” he said. “I know that my firm appreciates it. I know that my clients I’m going to have in the future will appreciate it.” Third-year Britt Eichner said the transactional clinic started giving her the kind of experience she needed as she headed into

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a summer job with the Boston office of a global law firm. “Having gotten my feet wet, [the clinic] is something that should help me when I get a transactional assignment this summer,” she said. “It’s been really great to have some hands-on experience.” Eichner, who worked as a paralegal at both a mid-sized law firm and in the in-house legal department of a consulting firm before entering UVA, is enrolled in the school’s joint J.D.-MBA program, meaning she is also pursuing a business degree from Darden. The clinic, she said, was a natural fit for her interests in law and business. “I started over at Darden several years ago, so for the last three years I’ve had friends who were in the Incubator and they’ve always said, ‘I know you were a paralegal; you’re at the Law School. Can you help me with my startup this summer?’” she said. “I’d always have to say no—until this year, when finally I feel like I can actually give back a little bit and actually help the students. I know they’ve been tremendously appreciative of the help that we’re able to provide them—because otherwise it’d be something that’s cost-prohibitive for them at this stage.”

Third-year Heather Marshall is the first Katherine and David deWilde ‘67 LGBT Summer Fellow

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CIVIL RIGHTS | Brian McNeill

Marshall Counsels LowIncome LGBT New Yorkers Through New Fellowship

s the inaugural Katherine and David deWilde ’67 LGBT Summer Fellow, third-year Heather Marshall gained handson experience working on cutting-edge legal issues affecting low-income New Yorkers who are gay, lesbian, bisexual, and transgender. The $10,000 fellowship supports students working on behalf of the LGBT community and allowed Marshall to work for the LGBT Law Project at the New York Legal Assistance Group this summer. “The laws affecting LGBT clients are interesting, controversial, and constantly changing, and they arise in many practice areas in both the public and private sectors,” Marshall said. “I learned that a lot of people in the legal profession are unaware of the

unique issues that LGBT clients face and the dynamics of LGBT relationships—not because they don’t care, but mostly because they haven’t had to in the past.” David deWilde ’67, a San Francisco resident, said he and his wife, Katherine, funded the grant through the Law School Foundation to attract the best and brightest students to gain direct, personal experience in legal and cultural issues involving the LGBT community, both nationally and locally. “Our goal is to empower a Virginia Law student to make an immediate practical contribution in this rapidly changing, controversial aspect of civil rights,” he said. “This is an opportunity to advocate and educate, to help establish new precedent. We are inspired by the bipartisan efforts of leading lawyers, judges, and legislators to bring change to this important area of civil rights and we hope this fellowship will inspire young leaders at UVA Law to join their ranks.” Marshall recently spoke with UVA Law about her experience as the inaugural deWilde Fellow.

What kind of work did you do as part of your fellowship at the LGBT Law Project? I was able to work on a variety of projects, but the bulk of my work involved direct representation of low-income LGBT New Yorkers. I interviewed clients and witnesses, assisted in responding to and drafting proposed orders and motions, and supporting affidavits. I made frequent appearances in court and was able to successfully advocate for domestic violence victims in Brooklyn Family Court. I also participated in several negotiation conferences in housing and family court. The majority of my cases were in the areas of family law and immigration law, and I was able to do substantive work in a number of possibly precedent-setting cases. A typical day could include researching exceptions to the one-year asylum application deadline, calling up an [assistant district attorney] to ask (read: beg) for a certification

Law School News …

for a U-visa applicant, meeting with a client to discuss intimate details of his relationship with his recently deceased partner to develop a strong case for succession, then running to family court to respond to a last-minute order to stay on a temporary visitation order. A typical day could also include spending all day in court with a domestic violence victim in order to obtain an order of protection against her abuser. I was always busy, but the issues were interesting and many of my clients had particularly captivating stories. I also worked on LGBT advocacy and education. I assisted in preparing material for presentations on cultural competency for family court lawyers in the five boroughs. I spent time in different courts in the five boroughs educating community members about the unique issues facing LGBT youth and LGBT domestic violence victims; this also included providing information on the nonlegal resources available to those individuals, as well as resources available to their family members and friends. I also was an integral part in organizing NYLAG’s participation in the annual NYC Pride parade and helped in organizing other events meant to bring supporters of LGBT rights together. Additionally, many of the cases I worked on will help pave the road in defining parental rights in LGBT relationships.

What did you learn from working there? The 2011 legalization of same-sex marriage in New York has raised a number of unprecedented issues, especially in the area of family law. Working on these cases really challenged me to think outside of the box to develop compelling arguments and to be as thorough as possible in researching issues, which often included turning to unlikely (and unknown) sources of information. In addition to building upon my legal research and writing skills, I also developed a conscious recognition of the differences between law in theory and law in practice— learning that some obvious legal points were just not that important to certain judges, so

make sure to have plenty of back-up arguments, even if they don’t seem strong to you; if you have a family court appointment at 9 a.m., you will not be out before noon; most opposing counsel want to work with you, but some don’t even show up to court; and sometimes you can reach an ADA on the first try. Most importantly, I learned that a lot of people in the legal profession are unaware of the unique issues that LGBT clients face and the dynamics of LGBT relationships—not because they don’t care, but mostly because they haven’t had to in the past. As laws around the country change, it is important that this knowledge become universal in the legal profession—cultural competency is an essential component to diligent representation in all areas of the law.

Do you think this experience will further your career as a lawyer? In what ways? Absolutely. The connections I established with legal professionals in a range of practice areas are invaluable. I was able to take advantage of CLEs being offered in virtually every major practice area. Of course, being able to dive head first into real and exciting legal work with real clients allowed me to significantly grow all of the skills essential to being a successful attorney.

What advice would you offer other UVA Law students who might be interested in applying for this fellowship? Do it. The laws affecting LGBT clients are interesting, controversial, and constantly changing, and they arise in many practice areas in both the public and private sectors. Find a sponsor organization that will allow you to do substantive work and you could have the opportunity to change lives, help establish new precedents, and to educate and advocate. Do some research—you might be surprised to learn how much has been done and how much still needs to be done to ensure the rights of LGBT individuals in America.

ALUMNI Q&A

Justice Department Lawyer Andy Mao ’98 on Prosecuting Health Fraud, Major Pharma Settlement Justice Department attorney Andy Mao ’98 was part of the team that led the federal government’s health care fraud case against GlaxoSmithKline, in which the pharmaceutical firm agreed to plead guilty and pay $3 billion to resolve its criminal and civil liabilities related to the illegal promotion of certain drugs, its failure to report certain safety data, and for alleged false price-reporting practices. Mao, who serves as senior counsel for health care fraud and elder justice at the Justice Department, recently discussed the case, his career and his advice for law students hoping to work at the DOJ.

What are your responsibilities as the Justice Department? I am fortunate to have a position with a diverse range of responsibilities. I advise the Civil Division on health care fraud matters, which often entails working with our federal and state partners to develop new strategies and means to identify or combat health care fraud more effectively. I also help to coordinate the department’s elder justice activities, which span from our investigative and prosecutorial efforts to helping to fund research and training for those law enforcement personnel and prosecutors who combat elder abuse, neglect, and exploitation locally. Lastly, I continue

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and commitment of the attorneys and sold on the idea of public service. Following law school and my clerkship (with Judge John W. Bissell ’65, another UVA Law alum), I was hired through the Attorney General’s Honors Program in 2000 and have worked here ever since.

to work on actual health care fraud cases, mostly involving the pharmaceutical and nursing home industries.

What does your typical day involve? An upside of having different responsibilities is that my daily activities vary pretty widely. For example, last week I participated in a mediation in a False Claims Act matter, worked on a complaint against a health care provider for providing medically unnecessary services, reviewed several briefs, held teleconferences with my team on two nationwide investigations, and coordinated with other DOJ components on an upcoming elder justice–related event. [The False Claims Act holds individuals or companies liable for defrauding government programs.] Then, because I also supervise certain types of cases, I also meet regularly with attorneys in my office or speak with assistant U.S. attorneys to discuss investigative strategy or legal issues. Finally, I am often called upon to review draft legislation that has been submitted by Congress to the [Justice Department] in order to obtain our views.

What can you tell us about the GlaxoSmithKline case, and your involvement? There is a fair amount of publicly available information about the GlaxoSmithKline matter, including the conduct we investigated, the contours of the resolution, and the scope of the government’s release. The [Justice Department] has invested a tremendous amount of resources in these types of cases not only because of the financial impact that the alleged conduct has on the Medicare and Medicaid programs, but because of the potentially corrosive effect that the illegal marketing of drugs, the payment of kickbacks, and the withholding of safety data has on the integrity of a physician’s decision-making process. I was part of a phenomenal team that investigated allegations that GlaxoSmithKline had marketed certain of its drugs for

16 UVA Lawyer / Fall 2012

It’s been reported that both health care fraud and elder abuse have been on the rise in recent years. Do you see these trends from your vantage point at the Justice Department? What more, if anything, do you think is needed to address the problems? Andy Mao ‘98

uses unapproved by the Food and Drug Administration and thereby caused the government to pay for drugs for non-covered uses. I also assisted with the settlement process, which requires a surprising amount of effort and coordination among all the interested parties, including the Department of Justice, the Department of Health and Human Services and its Office of Inspector General, the defendant, the states, all victim agencies, and the whistleblowers. Often overlooked when a resolution like this is announced is how much raw time, effort, and manpower are consumed by an investigation into nationwide corporate conduct. Given that every attorney, agent, and auditor has dozens of other cases he or she is juggling, it requires a tremendous amount of leadership, coordination, and vision to push an investigation to completion. Fortunately, we had a number of great leaders on the GlaxoSmithKline case, which contributed significantly to the ultimate outcome.

To the extent False Claims Act complaints are a reliable barometer of health care fraud trends more broadly, there has been a steady and significant increase in the number of complaints filed alleging health care fraud in recent years. While there were approximately 200 False Claims Act health care fraud complaints filed in 2007, there were over 400 such complaints filed in 2011. As far as elder abuse cases, the [Justice Department] does not track those numbers, but a New York study conducted last year found that 7.6 percent of older Americans experienced some form of elder mistreatment in the year prior, and over half of those cases involved some form of financial exploitation. I think a lot more can and should be done to stem these two problems. One step

Other Alumni Q&As Online: ARCHIVE: http://bit.ly/alumni_qa

Shaunik Panse ’09 to Clerk for South African Constitutional Court

Did you always want to work as a lawyer for the Justice Department? What was your career path? I think so. Before law school, I worked as a paralegal at DOJ for two years. During that time, I was impressed by the caliber

Rob Plummer ‘94, Agent for Top Baseball Prospects From Dominican Republic, on How He Got in the Game

Law School News …

would be to increase public awareness and to educate citizens more about what they can do to help. For example, in a case that the department resolved last year, a Medicaid beneficiary noticed on his billing statement that his home healthcare provider was billing for services it never performed and so he reported it to the government. That tip eventually led to a nationwide investigation and the provider ultimately paying a $20 million criminal penalty and $130 million to resolve civil False Claims Act allegations arising from its conduct. While not every tip will turn into a resolution like this, this example does demonstrate the difference that an individual can make. For similar reasons, I think providing greater education to law enforcement personnel, ombudsmen, and the public at large on the potential signs of elder abuse, neglect, and exploitation can make a significant difference in both preventing these crimes and bringing perpetrators to justice. (These are my personal views and not necessarily the views of the Department of Justice.)

What advice would you give current UVA Law students who want to one day work for the Justice Department? Because the department hires most of its attorneys laterally, familiarity with the relevant subject matter and the ability to hit the ground running could be deciding factors, especially if there is a competitive pool of applicants. Along those lines, your work ethic—regardless of your place of employment—is extremely important. How you are viewed by current employers is a critical element in our hiring process. Moreover, because the department does not hire in regular intervals, it requires a fair amount of persistence (and patience) to monitor for opportunities as they arise. Lastly, I would tell students that the Department of Justice is a great place to work and if this is where they want to be, it is worth hanging in there!

Former Acting Solicitor General Neal Katyal addressed the Class of 2012 on May 20. A total of 357 J.D. graduates, 35 LL.M. candidates and two S.J.D. recipients walked the Law School lawn.

Commencement 2012

Integrity, Ability to Listen Key to a Successful Career

n his commencement address, former acting U.S. Solicitor General Neal Katyal advised the Law School’s graduating class that being a good lawyer requires an open mind, being principled, and thinking independently. Katyal, who is now a partner at the law firm Hogan Lovells and a Georgetown law professor, succeeded U.S. Supreme Court Justice Elena Kagan as acting solicitor general from May 2010 to June 2011. He has argued and won a number of the most significant cases before the Supreme Court in recent years, including Hamdan v. Rumsfeld, in which he successfully challenged the policy of military commissions to try detainees at Guantanamo Bay. Katyal told the graduating law students the stories of three key people involved with the health care reform case, and described how they embody qualities the students should embrace as lawyers and citizens. One of the three, Judge Jeffrey Sutton of the 6th U.S. Circuit Court of Appeals, is a “rock star of the conservative legal movement” and served on a panel that heard a challenge to the health care reform law, Katyal said. Sutton, he added, is often mentioned as a potential Republican nominee to the Supreme Court. “When the news came out that Judge Sutton was on the health care panel, the media and blog reports were grim,” he said. “It was thought that Judge Sutton, who had gotten on the court due to huge amounts of political capital being spent on his behalf by conservative Republicans, could never betray their cause. Not simply out of loyalty to his friends, it was said, but because a vote for Obamacare would mean Judge Sutton would automatically

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take himself out of the running to be on the U.S. Supreme Court.” Katyal argued that case before Sutton in 2011. “He grilled me, backwards, forwards, and upside down, for a long, long time,” he said. “I remember coming out, telling the attorney general, ‘Well, I fear we may lose given the relentless questions, but boy it was the most fun I’ve ever had in an oral argument.’ “Well, we didn’t lose,” he continued. “We won the case, in a 2–1 decision. And the author of the opinion [was] Judge Sutton.” Sutton, he said, did what he thought was right, even though it risked jeopardizing his chances at one day serving on the Supreme Court. “Judge Sutton in one stroke showed what judging is all about,” he said. “And in doing so, he gave himself the most important credential to be on the high court—true independence and honesty. I have no doubt that this is how future presidents, and history, will see him. But Judge Sutton couldn’t have known it at the time.” Katyal also told the students about one of the health care law’s top defenders, Deputy U.S. Solicitor General Edwin Kneedler ’74, the lawyer Katyal said he admires most in government. Katyal praised Kneedler’s work ethic, integrity, and “commitment to institutionalism.” “Too many lawyers see themselves as solo guns for hire—even in big firms or big institutions like the U.S. government,” he said. “I see so many people chasing the elusive big case that will bring them fame and glory. And I see so many lawyers who elbow out others on their team to take the credit when there is a victory. But if you are constantly thinking not for the good of yourself—but for the good of the institution you are a part—you will often reach the place of integrity.” Paul Clement, the former solicitor general who has argued dozens of cases before the Supreme Court, including the challenge to the health care law, was the third personality Katyal cited. Clement’s arguments and briefs are mind-blowing, Katyal said, thanks

18 UVA Lawyer / Fall 2012

in large part to his ability to listen carefully to his opponents. “When we think of a great orator, we think of a great speaker,” he said. “Paul is that, but more important, he is a good listener. He tries hard to understand what the other side is saying. He is not trying to characterize it, nor is he trying to belittle it. He is seeking to understand it, and to rebut it.” Katyal also praised Clement’s decision to resign from his job at a major law firm after he was instructed to withdraw from a controversial case in which he was defending the constitutionality of the Defense of Marriage Act. Clement’s decision to resign over a matter of principle was a risky one, Katyal said, though it ultimately worked out in his favor. He went on to argue nine cases before the Supreme Court in the current term. “My point here is that there will be times in your life when things look bleak,” he said. “And you can take the easy path or the hard path. If you stick to your principles, even if it immediately disadvantages you, you ultimately are more likely to do better.” Taken together, Katyal said, the stories of Kneedler, Clement, and Sutton hold the key to a successful and happy career in the legal profession. “Law is a profoundly human and social enterprise,” he said. “And if you want to live in the law—and live happily—you have to respect your colleagues, and treat them with respect. So, in sum, show them the grace of an Ed Kneedler, show them the open-mindedness of a Paul Clement, and show them that you have the integrity of a Judge Sutton.” Also at the Law School’s commencement ceremony, Dean Paul Mahoney announced that the class of 2012 collectively put in more than 14,400 hours of pro bono service. “That is the highest total of any graduating class in our history,” he said. More than 90 members of the class met the “pro bono challenge” by providing 75 hours or more of pro bono services while at the Law School, he added, breaking yet another school record. “You did not focus just on yourselves,” Mahoney said. “You raised money and

donated your time to countless important causes. Indeed, your engagement with this community and many others has been remarkable and noteworthy.” The Law School’s faculty is sending the class of 2012 on its way with admiration, affection and congratulations, he said. “You were trained to be leaders, and you will be in your careers, your communities and, in some cases, in elected or appointed public service,” he said. “I have no doubt that at some future reunion of the class of 2012 we will all celebrate the ways that you have succeeded in the intervening years. Your law school is proud of you and confident in your future.” Sanjiv Tata, a member of the class of 2012 and the outgoing president of the Student Bar Association, announced that 82 percent of the class pledged to support the Law School. “Without a doubt, our class faced its share of storms and uncertainties [such as] the changed economic circumstances that manifested shortly after we decided to follow law as a career,” he said. “That makes it all the more amazing that our class has followed the tradition of support for its alma mater.” Over the past three years, Tata said, Virginia Law has instilled in the class of 2012 the ideals of collegiality and citizenship. “Virginia has taught us that an adversarial profession can easily coexist with a collegial environment and a collegial attitude with regards to our peers, and it’s up to us to now serve as an ambassador of this message,” he said.

Law School News â&#x20AC;Ś

2012 Graduation Awards Margaret G. Hyde Award Andrew John Peach James C. Slaughter Honor Award Sarah Dearing Johns Thomas Marshall Miller Prize Andrew James Bentz Z Society Shannon Award Katherine Mims Crocker Law School Alumni Association Best Note Award John Benton Hurst

Robert E. Goldsten Award for Distinction in the Classroom Kathleen Shen Roger and Madeleine Traynor Prizes Katherine Mims Crocker Samuel Isaac Levin Herbert Kramer/Herbert Bangel Community Service Award Jesse Cobb Stewart Mortimer Caplin Public Service Award Salima Elizabeth Burke Edwin S. Cohen Tax Prize Peter Vance Nelson William Jordan Pergler

Earle K. Shawe Labor Relations Award Dena Harandi John M. Olin Prize in Law and Economics Steven Yifu Sun Eppa Hunton IV Memorial Book Award Amber Glee Williams Virginia Trial Lawyers Trial Advocacy Award Colleen Depman Kukowski Virginia State Bar Family Law Book Award Richard Kent Piacenti

UVA Lawyer / Fall 2012â&#x20AC;&#x201E; 19

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Clerkships for the 2012–13 Term All are members of the class of 2012 unless otherwise noted.

Anthony Arsali ’11 The Hon. John Steele U.S. District Court, Middle District of Florida John Beerbower The Hon. Robert Payne U.S. District Court for the Eastern District of Virginia Samuel Beiderwell ’11 The Hon. Christine Byrd Los Angeles Superior Court Lucas Beirne The Hon. Thomas S. Ellis III U.S. District Court for the Eastern District of Virginia Andrew Bentz The Hon. Alex Kozinski U.S. Court of Appeals for the Ninth Circuit Katie Beye Norfolk (Virginia) Circuit Court

Micki Bloom The Hon. Maribeth Raffinan D.C. Superior Court William Bloom The Hon. William H. Pryor Jr. U.S. Court of Appeals for the Eleventh Circuit

Ashley Brown The Hon. Petrese Tucker U.S. District Court for the Eastern District of Pennsylvania Salima Burke The Hon. Alexander P. Waugh Jr. New Jersey Superior Court

Jessica Boluda The Hon. Mary Ellen Barbera Maryland Court of Appeals

Christopher Cariello ’11 The Hon. Robert D. Sack U.S. Court of Appeals for the Second Circuit

Clare Boronow The Hon. Gregory Wormuth U.S. District Court for the District of New Mexico

Kelly Chang The Hon. Bernard Goodwyn ’86 Virginia Supreme Court

Lindsey Brooker Arlington Circuit Court Michael Broome The Hon. Joseph H. Gale ’80 U.S. Tax Court

Brendan Connors ’11 The Hon. Virginia Emerson Hopkins U.S. District Court for the Northern District of Alabama Katherine Mims Crocker The Hon. J. Harvie Wilkinson III ’72 U.S. Court of Appeals for the Fourth Circuit Christine D’Elicio ’97 The Hon. James Turk U.S. District Court for the Western District of Virginia Devin DeBacker ’11 The Hon. D. Brooks Smith U.S. Court of Appeals for the Third Circuit Matthew Dinan The Hon. Robert Ballou ’87 U.S. District Court for the Western District of Virginia Nicholas Dumais Vermont Superior Court Leily Faridzadeh The Hon. William E. Nugent New Jersey Superior Court

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Law School News …

Andrew Ferguson The Hon. Karen LeCraft Henderson U.S. Court of Appeals for the D.C. Circuit Walker Fults The Hon. Andrew S. Hanen U.S. District Court for the Southern District of Texas Shea Gibbons The Hon. James Turk U.S. District Court for the Western District of Virginia Jennifer Gimbert Norfolk (Virginia) Circuit Court Jason Greene ’11 The Hon. Clark Waddoups U.S. District Court, District of Utah M. Blaire Hawkins The Hon. James Jones ’65 U.S. District Court for the Western District of Virginia Jack Herman The Hon. Mary Beck Briscoe LL.M. ’90 U.S. Court of Appeals for the Tenth Circuit Lizzie Hinkley The Hon. Frederick Weisberg D.C. Superior Court Thomas Humphrey The Hon. Robert Doumar ’53, LL.M. ’88 U.S. District Court for the Eastern District of Virginia John Benton Hurst The Hon. Duane Benton LL.M. ’95 U.S. Court of Appeals for the Eighth Circuit Laura Jenkins The Hon. Jerry E. Smith U.S. Court of Appeals for the Fifth Circuit

Sarah Johns The Hon. J. Fred Motz ’67 U.S. District Court for the District of Maryland

Martha Kidd ’11 The Hon. Thomas Selby Ellis U.S. District Court, Eastern District of Virginia

Anna Johnson The Hon. Rebecca Beach Smith U.S. District Court for the Eastern District of Virginia

David King The Hon. Fortunato P. Benavides U.S. Court of Appeals for the Fifth Circuit

Laura Jolley The Hon. John Gibney Jr ’76 U.S. District Court for the Eastern District of Virginia Jacquelyn Jones ’11 The Hon. Irene C. Berger U.S. District Court, Southern District of West Virginia S. Cagle Juhan The Hon. C. Lynwood Smith, Jr. U.S. District Court for the Northern District of Alabama Jamie Kaiser The Hon. Normal Moon ’62, LL.M. ’88 U.S. District Court for the Western District of Virginia Carolyn Kendall The Hon. Kenneth F. Ripple ’68 U.S. Court of Appeals for the Seventh Circuit

Benjamin Lee ’11 The Hon. Lawrence McKenna D.C. Superior Court Alan Lin The Hon. Andrew Austin U.S. District Court for the Western District of Texas David Locher The Hon. Louise Flanagan ’88 U.S. District Court for the Eastern District of North Carolina Lena Lockridge ’11 The Hon. William C. Mims Virginia Supreme Court Andrea Lucas ’11 The Hon. James Cacheris U.S. District Court, Eastern District of Virginia

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Law School News …

Kent Piacenti The Hon. Susan Graber U.S. Court of Appeals for the Ninth Circuit Samuel Poole ’11 The Hon. Lawrence M. Baskir U.S. Court of Federal Claims Cory Rand The Hon. Marie Lihotz New Jersey Superior Court, Appellate Division Michael Robertson ’10 The Hon. Stephanie Thacker U.S. Court of Appeals for the Fourth Circuit

Anne Malinee The Hon. Julia Smith Gibbons ’75 U.S. Court of Appeals for the Sixth Circuit

Greg Mokodean ’10 The Hon. Christine O.C. Miller U.S. Court of Federal Claims

Tim Malone The Hon. Carmen Alvarez New Jersey Superior Court, Appellate Division

Saira Najam ’10 The Hon. Barbara Lynn U.S. District Court, Northern District of Texas

Robert Manoso The Hon. Thomas Varlan U.S. District Court for the Eastern District of Tennessee

Thomas Perez-Lopez The Hon. Todd Edelman D.C. Superior Court

Frances McCorkle Roanoke (Virginia) Circuit Court

James Petrila The Hon. Betty Fletcher U.S. Court of Appeals for the Ninth Circuit

Caitlin McLaughlin The Hon. James C. Dever III U.S. District Court for the Eastern District of North Carolina

Cathleen Joy Phillips The Hon. Paul R. Cherry U.S. District Court for the Northern District of Indiana

David Metcalf The Hon. Albert Diaz U.S. Court of Appeals for the Fourth Circuit Chris Mincher ’11 The Hon. Robert McDonald Maryland Court of Appeals

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Robbie Rogart The Hon. John Anderson U.S. District Court for the Eastern District of Virginia Priya Roy ’11 The Honorable Michael Urbanski ’81 U.S. District Court, Western District of Virginia Ashlee Sawyer The Hon. Myron T. Steele ’70, LL.M. ’04 Delaware Supreme Court Christopher Schandevel The Hon. Stephen McCullough Virginia Court of Appeals Lauren Simpson The Hon. Robert S. Vance Jr. ’85 Alabama Court of Appeals

Supreme Court Clerks E. Rebecca Gantt ’11 The Hon. Stephen G. Breyer

Lauren Willard ’11 The Hon. Anthony Kennedy

Law School News …

Brendan Staley The Hon. Henry Hudson U.S. District Court for the Eastern District of Virginia Jesse Stewart The Hon. Beverly B. Martin U.S. Court of Appeals for the Eleventh Circuit Ehsanollah Tabesh ’10 U.S. District Court for the Middle District of Florida Aaron Terr The Hon. Anthony Parrillo New Jersey Superior Court, Appellate Division

Christine Tschiderer Senior Judges D.C. Superior Court

Wai Wong The Hon. Danny Boggs U.S. Court of Appeals for the Sixth Circuit

Max Twine ’11 The Hon. Stanley R. Chesler U.S. District Court, District of New Jersey

Joe Wood The Hon. Michael W. Mosman U.S. District Court for the District of Oregon

Aaron Williams The Hon. Rebecca Connelly U.S. Bankruptcy Court for the Western District of Virginia

Tyler Young The Hon. David Campbell U.S. District Court for the District of Arizona

Christopher Wimbush The Hon. Raymond Jackson ’73 U.S. District Court for the Eastern District of Virginia

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Law School News …

Multimedia News Offerings at www.law.virginia.edu/news A sample of the video and podcast offerings found online:

Too Big to Jail? At a student scholarly lunch, Law Professor Brandon Garrett discusses a draft chapter from Too Big to Jail, his forthcoming book about how corporations are prosecuted.

Human Rights Careers The Human Rights Program and the Public Service Center hosted a panel discussion featuring experienced attorneys using their JDs in distinct ways to advocate for human rights, including Erin Houlihan ’11, legal advisor, Institute for International Law & Human Rights; Susan Sajadi ’05, attorney with Burke, specializing in military contractor liability; Christopher Dunn ’04, senior international attorney, Millennium Challenge Corp.; and Jonathan Kaufman, staff attorney at EarthRights International.

The Role of In-House Counsel David G. Leitch ’85, general counsel at Ford Motor Company, spoke about the role of an in-house counsel at a Fortune 10 company and the impact of regulatory burdens and adverse litigation on a major corporation.

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Virginia Assistant AG Discusses Animal Cruelty Following the Michael Vick dogfighting case, laws in Virginia—and across the country—were strengthened to aid state-level animal cruelty prosecutions. But it’s still hard to get substantive jail time for most intentional animal cruelty cases, said Assistant Attorney General Michelle Welch.

of the 2011–12 term, including cases involving the federal health care law and Arizona’s immigration statute.

Arizona v. United States: Implications Professors Kerry Abrams, Anne Coughlin, John Harrison, and David Martin discuss the implications of the Supreme Court’s decision on Arizona’s controversial immigration law.

Becoming a Law Professor

Class of 2015 Orientation Address

University of Virginia School of Law professors Deena Hurwitz, John Duffy, Risa Goluboff, and Kerry Abrams discuss the attributes candidates need to become law professors in today’s academia.

Rebecca Vallas ’09, a staff attorney with the nonprofit Community Legal Services of Philadelphia and a former Skadden Fellow and PILA president, welcomed first-year, transfer, and exchange students to the Law School on August 20. Dean Paul G. Mahoney, Senior Assistant Dean for Admission Anne Richard, and Student Bar Association President Alex Aurisch ’13 also spoke.

The Knockoff Economy: How Imitation Sparks Innovation Copying kills creativity, or so we’ve been taught. But formal intellectual property protection isn’t always necessary, as Law Professor Chris Sprigman and his coauthor, Professor Kal Raustiala of UCLA, argue in their book, The Knockoff Economy.

Annual Supreme Court Roundup Before a packed crowd of students and faculty, a panel of three Law professors, A.E. Dick Howard ’61, Kerry Abrams, and Margaret Foster Riley, explained the most important Supreme Court decisions

Contracts With the Devil in Pop Culture WTJU Radio’s Soundboard interviews Law Professor John Setear about his recent research into contracts with the devil, as depicted in movies, TV shows, music, books, and theater.

Law School News …

The Nonprofit Clinic

Campaign Finance, Election Law, and the Colbert Report

Clinic co-directors Allen Hench and Tara Boyd ’02 and clinic students Pedro Bermeo and Christina Leaton discuss the Law School’s Nonprofit Clinic, designed to offer law students real-world transactional experience that will also benefit the nonprofit community.

Trevor Potter ’82 spoke at 2012 Reunions about campaign finance, the First Amendment, election law, and his role as Stephen Colbert’s SuperPAC lawyer on the Colbert Report.

Dooley, a ‘Master of Corporate Law,’ Retires

The (Sometimes) Constitutional Point of ‘Pointless Indignity’

Law Professor Michael Dooley, a widely recognized expert in corporate law and longtime chair of the Graduate Program Committee, is retiring after more than four decades at the Law School. He addressed alumni and colleagues at Reunions 2012.

Law Professor Josh Bowers looks at arrests that may be “pointless indignit[ies]” but also “constitutionally reasonable” during a faculty workshop at the Law School.

First Amendment Clinic Clinic co-director Josh Wheeler and clinic participant Tiffany Rainbolt discuss the school’s First Amendment Clinic. Supervised by the legal staff of the Thomas Jefferson Center and attorneys from the law firm Baker Hostetler, students in the First Amendment Clinic conduct legal research, meet with clients and co-counsel, and draft legal memoranda and briefs.

Gifts as Potentially Taxable Income Law Professor George Yin, a leading expert in tax policy, lectures on gifts and similar transfers as potentially taxable income.

Alumni Weekend Law School Update Dean Paul Mahoney discussed the past school year during the annual meeting of the Alumni Association at Law Alumni Weekend 2012.

O’Connell, a Pioneer of Insurance Law, Retires from Law School Car insurance looked very different when Law Professor Jeffrey O’Connell first began studying it in the 1960s. It was expensive for policyholders, and 45 percent of seriously hurt accident victims weren’t compensated at all. O’Connell addressed alumni during Law Alumni Weekend 2012.

The Ministerial Exception Case— And Faculty Arguments in the Supreme Court Law Professor Douglas Laycock discussed his argument before the U.S. Supreme Court in Hosanna-Tabor and outlined a history of Virginia faculty members who have argued before the Supreme Court, including those who teach the Supreme Court Litigation Clinic, during a talk to alumni.

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The Patent Puzzle Harnessing the accelerating pace of innovation By Cullen Couch

For a very long time, intellectual property was mostly an arcane field about intangible claims that were hard to establish and even harder to value. Information technology changed all that. Intellectual property may be an esoteric term, but smartphones and tablets are of enormous popular and commercial interest, and the makers and consumers of information technology now know that intellectual property law matters a great deal. What the world learned in Apple v. Samsung was not so much about the iPhone or Galaxy but instead about what Apple and Samsung claim to own. It came as a surprise to many, and an outrage to some, that simple commands such as “double tap-to-zoom” and “swipe to unlock,” and common shapes like “rounded corners” and rectangles, were patentable features of similar devices. After hearing from software engineers and marketers (and more than a few experts), an American jury determined the provenance of these claims, awarding Apple $1 billion in damages against Samsung for infringing six of Apple’s design and utility patents. By contrast, just a week later, a Japanese court found that Samsung had not infringed several Apple patents on music and video synchronization, underscoring the global nature of these disputes and the role of juries in evaluating complex technology.

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In mobile technology alone, Samsung owns some 32,000 patents, Microsoft 14,000, and Apple 1,800. The U.S. Patent and Trademark Office (PTO) processed more than 500,000 patents last year and can take as long as six years to issue one. The volume of patent applications already swamps the system, but the demand for better and faster technology is relentless. That raises the question: Can our patent system “promote the Progress of Science and useful Arts” as contemplated by Article 1 of the U.S. Constitution in today’s world? The patent puzzle is vastly complex and contains many parts, from the creative to the technical. To shrink it down, we take a look at the current influence of the patent process. Our interviews with alumni and faculty show a patent system that is at once an essential engine of innovation, a tangled mess, an almost limitless library of invention and discovery, and an opportunist’s dream. For insight on these issues, we turned to retired Chief Judge of the United States Court of Appeals for the Federal Circuit, Paul Michel ’66; Netflix (and former Oracle) Chief IP Officer T.J. Angioletti ’92; Davis Polk litigation partner Chris Hockett ’85; Google senior search quality statistician and quantitative analyst Eric Tassone ’98; and Law School professors Margo Bagley, John Duffy, and Chris Sprigman.

“People talk about patent thickets and wasteful litigation and excessive damages and on and on. These become buzzwords that prevent careful thinking and can lead to poor public policy.” — Chief Judge Paul Michel ‘66

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Systematic neglect of an overwhelmed Patent Office All patent applications must wend their way through the PTO. The PTO’s main campus in Alexandria, Virginia, occupies five buildings that house almost 9,000 employees, including engineers, scientists, attorneys, analysts, and computer specialists. Of that number, 7,630 are patent examiners, usually newly graduated engineers and scientists; another 400 are trademark examiners, all attorneys. President Obama appointed David Kappos as Director of the PTO in 2009. Kappos faces serious challenges. A patent filed today will wait an average of 22.3 months before the PTO notifies the applicant that the application is under review. From that point, it will take another 10.4 months before the patent is either issued or abandoned. On average, each application receives about 20 hours of examiner review during the process. Amazingly, despite the number of applications and the generous attention they receive, the PTO has already granted over 483,000 patents this year. Before Kappos took the helm, the PTO, funded entirely by user fees and no tax dollars, had been gradually doing more with less. In 1999, Congress began siphoning off PTO’s user fees to fund other government programs. “They decided it was a nice source of extra cash,” says Chief Judge Michel. “Instead of using those fees to hire new examiners, it went for somebody’s pet project. They have siphoned off almost a billion dollars, and it’s the principal cause of the deteriorating performance of the Patent Office.” Fortunately, the America Invents Act, a patent bill that passed in 2011 after almost seven years of hearings, largely curtailed the problem by making it difficult for Congress to continue withholding the fee money. “But we’ll see,” warns Michel. “They can also change the law.” Further, the stakes are higher than ever in the patent arena because of two events that have transformed the American competitive landscape, says John Duffy, the Samuel H. McCoy II and Armistead M. Dobie Professor of Law. “First, knowledge and information are becoming increasingly more valuable. The modern cell phone, for example, uses inexpensive raw materials and transforms them into the modern smartphone based on an enormous amount of knowledge. And second, we have switched from heavily concentrated and regulated industries to a more competitive marketplace in which intellectual property is all the more important.” Duffy cites the phone industry as the classic example. For most of the

20th century, a telephone monopoly was heavily regulated by the The main campus of the U.S. Patent and Trademark Office in Alexandria, Va. government. AT&T Bell Labs, the monopoly’s storied research facility—one of its scientists won a Nobel Prize for detechnologically passé, or of little comtecting the background radiation of the Big Bang—had mercial value. “We’re killing ourselves by no need for intellectual property rights. “If you are the “That’s the failing to maintain the machinery of an telephone company, a monopoly, you don’t need a patParadox efficient, well functioning Patent Office,” ent to protect exclusivity in telephone technology.” says Michel. The patent explosion that followed this shift started of the patent The guardedly good news is that under hitting the PTO in the 1970s. Used to processing fewer system. It can Kappos’s leadership, the PTO is now beginthan 70,000 patent applications every year, it saw the be both a ning to bulk up its capabilities. It has hired number of patent applications explode. The PTO laspur to several thousand additional experienced bored to keep up, a task made harder when Congress patent examiners in the last few years, raided the PTO’s user fees. competition and doubled the size of the appeals board, Michel retired in 2010 after 22 years on the Federal and innovation, which was backed up and slow. Michel Circuit Court, discouraged by the patent reform debate. and a approves. “The quality and the size of the As a judge, he was reluctant to express his concerns. “I drag on it.” examining core and the board is going was appalled by how incomplete the pursuit of truth up sharply,” he says. “We’re already seeing was,” he says. “In all these hearings over a seven-year much higher quality patent performance.” period [leading to the America Invents Act], only one “I think almost everyone in our industry agrees that Kappos has inventor and only one investor was ever called as a witness, two of done an excellent job as commissioner of the Patent Office,” says the key players in the whole system. There wasn’t anyone looking T.J. Angioletti ’92, Chief IP Officer for Netflix. “He’s instituted a at the overall needs of the country, of industry, of the system itself. number of different reforms that have really improved the Patent Instead, it was always someone trying to get a little more profit for Office, and it is headed in the right direction. We don’t expect mirhis company, or his industry, or his type of technology, at the exacles from him, but considering the environment he’s working in, I pense of everybody else.” believe that he’s doing a lot and the customers of the Patent Office Thomas Edison got his patent in six weeks. Now it often are happy with the progress.” takes six years. By the time a patent is issued, it may be obsolete,

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A Brief History THE TERM “INTELLECTuAL PROPERTy” first arose in the mid-19th century, but its origins trace back to patent statutes designed to spur innovation in 15th century Venice and Florence (perhaps even earlier; Charles Anthon’s Classical Dictionary published in 1851 credits the Sybarites in 500 BCE Greece, who gave “great encouragement … to all who should discover any new refinement in luxury, the profits arising from which were secured to the inventor by patent for the space of a year”. Those early laudable efforts later devolved when the monarchies in both Elizabethan England and pre-revolution France began granting monopolies to guilds and royal favorites purely as a way to raise revenue. A post-Elizabethan parliament, chafing under such restrictions to free trade, passed in 1623 the Statute of Monopolies, long considered the origin of modern patent law, which repealed all of those grants and allowed patents only for novel inventions. The Statute of Anne in 1710 extended the state’s protection to copyright. “The Framers believed that a strong patent system would be an engine of growth for this country,” says Chief Judge Michel. “We were a poor, dependent, agricultural colony when we started, and we became the most powerful, richest, and technologically creative nation on Earth over the course of 200 years. A whole lot of that was because we had a well functioning patent system, and we relied on it.” Congress passed the nation’s first patent law in 1790 for inventions “not before known or used … if they shall deem the invention or discovery sufficiently useful and important.” The act designated that

any two of the Secretary of State, Secretary of War, or the Attorney General could grant a patent. Under the urging of Thomas Jefferson looking to narrow the right, Congress in 1793 modified patents to mean “any new and useful art, machine, manufacture or composition of matter and any new and useful improvement on any art, machine, manufacture or composition of matter.” Jefferson, the nation’s first Secretary of State and thus one of the nation’s first patent administrators, was of course a prolific inventor in his own right. He respected inventors and their claims for economic reward, but also believed they should grant access for others to assess and improve their work for public benefit. He wrote in an 1813 letter to Isaac McPherson: Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody. In that same letter, Jefferson captured in an historical analogy about the Egyptians the tension between public good and private benefit that has bedeviled patent law up to and including Apple v. Samsung: A string of buckets is invented and used for raising water, ore, etc., can a second have a patent right to the same machine for raising wheat, a third oats, a fourth rye, a fifth peas, etc.? In the ensuing 160 years, Congress revised the first patent act some 50 times as it tried to match patent development to the shifting political, technological, and cultural winds emanating from periodic economic depressions, three great wars, and the continuous innovative genius of a creative people, all the while trying to stay true to Jefferson’s “new and useful” test. In 1952 Congress enacted a patent act meant to clarify all that went before. The explosive growth in technology since then called for much-needed patent reforms to keep pace with a vastly different world. Citing the fact that “the laws protecting the technologies of today are stuck in the past,” Congress passed overwhelmingly the America Invents Act. The vote in the House was 304–117, and in the Senate 89–9. The act implements a first-inventor-to-file standard for patent approval, creates a post-grant review system to weed out bad patents, and helps the PTO address the backlog of patent applications. A page of Thomas Jefferson’s 1813 letter to isaac McPherson.

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Patent validity Once a patent application is filed, it is up to the PTO examiners and staff to determine its validity. According to statute, “a person shall be entitled to a patent unless …” he fails to show that the invention is non-obvious, useful, and novel, the three pillars of patent validity. The PTO has stated publicly that it sees applicants as “customers” whom they will help secure a patent. If the PTO refuses to grant a patent, the applicant can submit a modified application. Ultimately, the PTO’s decision can be appealed to the Supreme Court. It is easy to see how an over-burdened office that is inclined to grant patents, combined with the deference courts give to their validity, can cause real problems. Further, the inherent subjectivity of the el“The record companies could have improved their business model to take advantage of the new peer-to-peer technology, ements underlying a patent seems to invite but they relied only on copyright to control their fate. They refused to bend, and instead they broke.”—Chris Sprigman infringement and litigation. “If you have As the New York Times reported, Apple somebody who has initially applied for its “Siri” patent, the Jefferson, the nation’s first patent administrator (see iPhone’s voice recognition search engine, copied something, sidebar, opposite). in 2004, before either the iPhone or Siri somebody who “If nature has made any one thing less susceptible existed. The PTO rejected that application, is lying about than all others to exclusive property, it is the action of calling it “an obvious variation” on existing something, the thinking power called an idea, which an individual technology. Apple resubmitted the applimay exclusively possess as long as he keeps it to himcation ten times before the Patent Office somebody who has self,” Jefferson wrote, “but the moment it is divulged, it finally approved it in December 2011. Two broken a contract focuses itself into the possession of everyone, and the months later, in February 2012, Apple sued … lay juries can receiver can not dispossess himself of it. Its peculiar Samsung for infringement of that and relate to them.” character, too, is that no one possesses the less because other patents. every other possesses the whole of it. He who receives “A dispute over infringement of a patan idea from me, receives instruction himself without ent that the Patent Office spent 18 hours lessening mine; as he who lights his taper at mine, receives light working on will receive hundreds, if not thousands, of hours of without darkening me.” attention from experts, lawyers, and judges analyzing whether the Significant procedural hurdles stand in the way of proving such Patent Office made a good decision,” says Davis Polk litigation patents invalid. Samsung attempted to prove at trial that the Apple partner Chris Hockett ’85. “It comes under very intense scrutiny, patents were invalid on their face, but they failed because they distypically costing millions of dollars.” obeyed the court’s discovery orders and were not permitted to use “The examiners have a tough job,” says Angioletti. “They have the evidence they wanted at trial. limited resources, they look at an awful lot of applications, and you “They buried it in boxes of documents in a way that the magcan’t expect perfection, so there are plenty of patents that shouldn’t istrate running the discovery process said was unfair to Apple,” have issued in the first place. That’s something that we all have to says Chris Sprigman, Class of 1963 Research Professor in Honor of deal with.” Graham C. Lilly and Peter W. Low. “He banned Samsung from inThe Apple case highlights the intense debate surrounding what troducing at trial a lot of this invalidity evidence, and the trial judge types of innovation can and should receive patent protection. upheld the magistrate. Samsung’s case on invalidity was truncated Software applications are especially problematic, as they come close by that ruling. That was essentially their own fault.” to claiming ownership of an abstract “idea,” a notion toxic to Thomas

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In Apple v. Samsung, the jury upheld Apple’s patents on the iPhone’s basic surface and design features—touches, swipes, shapes— but are those really the kind of protections that spur innovation? “The Patent Office never should have granted those patents,” Sprigman says. “Even if they granted them, the jury never should have found them to be infringed,” he says. “The idea that a rectangular electronic device is owned by any one company is just nuts. I don’t think a patent like that incentivizes innovation. I think a patent like that just limits competition.” “I don’t know that this is going to be terribly good for consumers,” adds Law School Professor Margo Bagley. “One argument is this is going to encourage competitors to innovate more, but it’s almost a standard that consumers look for. If Samsung can’t offer those features it puts them at a huge competitive disadvantage that seems out of proportion to the value of the innovation that Apple has actually patented.” Professor Duffy is not surprised by the launch of a long and bitter patent fight between Apple’s iOS and Google’s Android platforms, just like earlier patent wars over sewing machines, railroad technology, aircraft technology, cars, and even the refinement processes for making oil and gasoline for them. “Patent fights on the cusp of industrial innovation have gone on

“In the next five or ten years, I think the Supreme Court will take a case and decide that when the Justices said validity is an issue of law in prior cases, they meant what they said, and they will remove validity issues from the jury. I think that will lead to a more rational process.”—John Duffy

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throughout this country’s history,” he says. “The idea that there are fights about cutting-edge technology should not surprise anybody, especially as knowledge and information are becoming increasingly more valuable.” “I don’t understand why people think the end of the world is coming because Samsung was ordered to pay Apple a lot of money,” adds Chief Judge Michel. “Lawsuits are the best way anybody’s ever invented to resolve complex commercial disputes. That’s the way the system’s supposed to work. If somebody infringed a patent that was ruled to be a valid patent, and harm was established, the infringer should pay. What’s wrong with that? That’s the way it’s supposed to work.”

Patent juries Traditionally, patent cases were bench trials. According to Duffy, the law used to be that in a suit with a legal claim for damages and an equitable claim for injunction, the equity claim dominated, removing the right to a jury. But in the late 1950s, the Supreme Court reversed the relationship, giving the legal claim dominance. “I think the change came from a populist intuition during the mid-20th century that juries bring a more democratic view into the law.” That change has had a big effect in the patent area, and the number of juries in patent litigation has increased dramatically in the last 40 years. A patent claim typically rests on two questions: Is the patent valid and, if so, has it been infringed? The validity question often involves complex legal analysis and, according to Duffy, the Supreme Court has held repeatedly that validity is a question of law, but the reality is that in current practice the lower courts give that question to the jury. But whether that right has been infringed is clearly a question of fact belonging to the jury. “They can be hard questions,” Duffy acknowledges, “but it’s hard to see under our legal structure how you could eliminate the jury from that question. I think the judges are trying to get better at explaining to the jury what is prohibited so it can determine whether something within the prohibited range did or didn’t occur.” Jury verdicts often yield controversy. The foreman in the Apple case was an inventor and led the jury to what industry observers believe was a quick decision

Privatize the patent process? Nobody really disputes that a strong patent system is vitally important, or that the PTO is overburdened. But instead of expanding the PTO, Professor John Duffy has proposed giving it a new role overseeing and certifying private firms that review applications and issue patents. “The Patent Office gives us basically an expert opinion about validity, and the courts give some degree of deference to the opinion,” he says. “Currently, the government has a monopoly on that, and it works about as well as any entrenched monopoly. In our current system, inventors contact the PTO—essentially a professional office that is in the business of giving expert opinions—and request about 20 hours of work to produce an expert opinion. The agency then tells inventors that they can get that 20 hours of work done in two, three years. That’s insane. We should not accept that.” Such a system would need strong government regulations to maintain strict standards. “You would have to make sure there’s not a race to the bottom where firms get more business because they approve everything,” says Duffy. Chief Judge Michel has his doubts. “It’s certainly true that if you bring enough quality resources to bear, you’ll have faster, better action, but I think the Patent Office is where it ought to be done. It’s hard enough to have patent quality monitored there. To have some government agency certifying a whole bunch of private companies competing with one another might be hard to do in practice, and perhaps even more expensive.” Duffy’s and Michel’s views reflect differences on infrastructure, but not about the ultimate goal. “Everybody agrees that we’d be better off with a system that is faster and produces higher quality,” says Duffy. “My point is that if you want speed and efficiency, a large government bureaucracy should not be your immediate choice. I think Judge Michel is being more realistic in thinking that outsourcing is not now politically possible and the only solution is to expand the size of the bureaucracy. In the short run, I think he may be right about that, but I’m an academic so I get to think about the possibilities for truly novel long-run reforms.” The “dashboard” on the PTO website showing current status of patent review

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“We need to be circumspect about the value of broad patents. There are countervailing issues to be considered.”—Margo Bagley

considering the complexity of the issues. “The technology was very complicated,” says Bagley. “The jury foreman was an electrical engineer who had two patents and a third on the way. This is someone who is more likely than most to be very pro-patent and to think that the patent holder needs to be compensated. How do you control for those kinds of things on a jury?” Sprigman agrees. “I don’t think the jury really understood the rules,” he says. “I don’t think they applied them. I think they looked at these companies and made a decision basically on moral grounds—things like ‘Apple’s an innovator, Samsung’s a copyist’— and then they went with their intuition.” According to Sprigman, patent law “isn’t about being smart.” Patent law is a set of rules not readily deducible by an intelligent person. To understand it, you need some experience thinking about it. “The jury didn’t do anything wrong,” he says. “I think they did what they could be expected to do and I think that’s a problem for the system. It relies on juries to do things that juries can’t really do reliably.” Duffy thinks the Supreme Court will step in and clarify the rules. “In the next five or ten years,” he says, “I think the Supreme Court will take a case and decide that when the Justices said validity is an issue of law in prior cases, they meant what they said, and they will remove validity issues from the jury. I think that will lead to a more rational process.” In the meantime, for a litigator like Hockett, reducing sophisticated technology to familiar concepts that a jury can grasp is an

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exciting high-wire act. He once worked on a case involving optical networking technology at the electron level, a stretch for him to explain and for the jury to understand. He succeeded by using a visual metaphor. “We likened the technology to a series of guard posts. When one of the guards detected an intrusion, he told all the other guards in the line so that they could carry out their functions. It enabled the judge who was doing the claim construction hearing to understand what we were getting at and why our story made sense.” But the strategy has its risks. “If you come up with an analogy, it can be hazardous to you. If your opponents can turn it around to their benefit, and it came from you in the first place, it’s a powerful point in their hands. We do a lot of pressure testing of our analogies to make sure we’ve thought of everything.” Finally, most of the facts in a case are completely remote from anyone’s experience, so it’s vitally important to bring in broader themes than just technical testimony about patent claims or expert opinions on infringement. “If you have somebody who has copied something, somebody who is lying about something, somebody who has broken a contract, even though those issues may not be central to the issue of infringement, lay juries can relate to them. They can be very powerful,” Hockett explains.

Patent evolution and growth As technologies advance and the focus of invention evolves, the patent system adjusts. “That’s the beauty of the system,” says Chief Judge Michel. “It’s so flexible. It works for the needs of real people. It’s not dictated by some philosophical construct.” Witness the different pace of development of patent law in two different industries: biotechnology and computer software. The U.S. Patent Act of 1952 provided patent protection for “[w]ho[m]ever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” When in 1971 a biotech firm applied for a patent on a new oil-eating bacterium, the Patent Office turned it down, reasoning that a living organism cannot be patented. But in a 1980 decision, Diamond v. Chakrabarty, the Supreme Court disagreed, holding that the question was not whether the innovation was living or nonliving, but whether it was made by man.

“They looked at the legislative history that suggested the statute covers anything under the sun made by man,” says Bagley. The Court agreed that a product of nature cannot be patented, but they found that the amount of human intervention needed to create the bacterium made it markedly different from anything that exists in nature. “That decision by itself opened the flood gates to all of the biotech patenting on genes, on animals, on plants and crops—all of that originated with that one decision. “ Patents on computer software followed a more gradual path, in part because the Patent Office was resistant to computer softwarerelated inventions, and there was potential for protection under the copyright laws. “Software patents have been a much muddier area over time,” says Bagley, “but biotech in Chakrabarty from day one was largely wide open.” In 1998, a federal court indicated in State Street Bank v. Signature Financial Group that business methods were patentable just like any other kind of method. That decision eventually yielded other decisions relating to other types of computer-implemented methods. “People were patenting all kinds of questionable methods,” says Bagley. “A method of swinging on a swing, a method of making a peanut butter and jelly sandwich. The Patent Office got criticized for a lot of them,” which created a backlash that ultimately led to Bilski v. Kappos. Bilski dealt with business methods, specifically hedging risks in commodities trading, and the Supreme Court held that the petitioner’s investment approach was just an abstract idea and not eligible for protection. The Court affirmed the invalidation of the patent claim by the Federal Circuit (in an opinion written by Chief Judge Michel), but revised the test used by the lower court to evaluate such claims. In its opinion, the Supreme Court praised the work of the Federal Circuit, noting that “students of patent law would be well-advised to study these scholarly opinions.” Patent subject matter keeps expanding, primarily because it’s hard to challenge patents. Those who have the most interest in challenging them—competitors—don’t because they want to keep the subject matter broad. And individuals often cannot challenge them because of the prohibitive cost of litigation and difficulty establishing standing to sue. “What we end up with is, bit-by-bit patent subject matter increases based on what people file at the Patent Office,” says Bagley. “If they push the boundaries, there’s a pretty good chance the Patent Office will grant the patent because it’s hard for them to objectively

justify saying no. And even if the Patent Office rejects it, applicants can appeal all the way up to the Supreme Court.”

Finding the right balance Intellectual property rights doctrine has always had to balance the state’s interest in promoting innovation for the public good with the individual’s “moral” or “natural” rights to the fruits of his invention. That dispute remains alive today, though ideally the two go hand in hand. A patent system protects invention by rewarding innovation. It is a two-part concept. To get the patent, the inventor has to describe in detail the invention and how it works. That allows the next innovator to study the patent and design around it to improve it. As a result, “the system is a repository of technological information of great practical importance,” says Michel. “If people weren’t getting patents on their inventions, then it would be very difficult to advance the technology.” “We’re not protecting property just because it’s property,” says Duffy. “We’re protecting property to promote innovation. Are we maximizing the promotion of innovation through the protection

“You usually have a pretty good idea that if you cross a fence on someone’s land, you’re trespassing, but the costs of figuring that out in the world of high technology are very high. It’s almost like the ‘no trespassing’ signs are buried under the ground and you have to dig to find them.”—Chris Hockett ‘85

UVA Lawyer / Fall 2012 35

Overlay of Microsoft (yellow) and Samsung (Red) patent portfolios in mobile communications on a “patent thicket” cluster map (courtesy Mark Summerfield, Journal of Asset Management, Watermark Intellectual Asset Management)

of property? No, of course we’re not. The world’s imperfect. What is the right amount of time to reward an innovation and then allow it to be copied? Society has been trying to figure out that answer for centuries.” Some believe that strong patent rights are the only way to promote innovation. Others believe that too much protection can dampen innovation. “We need to be circumspect about the value of broad patents. There are countervailing issues to be considered,” says Bagley. As a policy goal, everyone wants to encourage innovation, traditionally through competition on the merits between a firm and its industry, and by financial incentives for invention. “But there needs

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to be a balance between the incentives to invent and the fostering of competition,” says Angioletti. “Understanding what is truly innovative is key to technological growth and job creation.” Capitalism rewards innovations that replace inefficiencies, but if patents are used to interrupt or delay that process, society suffers. “It might be that the Android operating system is a better operating system,” says Sprigman, “but if Apple is mounting an attack on Android based on patents that never should have been granted in the first place, that isn’t a happy story about innovation. It is an unhappy story about a company trying to limit competition. That’s the paradox of the patent system. It can be both a spur to competition and innovation, and a drag on it.” For example, the patent system doesn’t require inventors to make what’s covered by the patent, or to sell it. All they have to do is disclose what it is and how it works. After that, they can simply exclude others from practicing that invention.

Open Source and Patent Collaboration The open source movement, partly a philosophy and partly a business model, promotes free sharing of technical information for the benefit of a broader community. Within the larger IP community in Silicon Valley, there is a great willingness to embrace open source and to work together on standards. Some technology is simply too complex for one company to do it alone. For example, Netflix uses open source software and has licensed a number of its technologies under open source licenses. “Participating in open source software projects allows us to save time and money,” says Angioletti. “I see an open, collaborative culture in Silicon Valley and software developers are willing to work together to innovate. There are a lot of similarities with the culture at UVA. When I was a student, we were always willing to help each other out.” “From an IP lawyer’s perspective,” he adds,“you are dealing with many of the same issues as your peers at other companies and collaboration makes sense. Your companies may be competitors, but this doesn’t stop you from working together to figure out a solution to a common problem.” Hockett also believes in the patent system’s ability to solve problems, and in American business and markets that can get around imperfect government structures. “People find a way, and the debate is becoming much more nuanced and thoughtful about the problems. That’s encouraging to me.” Google engineer and scientist Eric Tassone revels in the freedom and creativity that open source provides. Indeed, one of the mottos of Google Scholar, the company’s free index of research and scholarship, “We stand on the shoulders of giants,” is a quote from Isaac Newton. “We realize we are building on a lot of research that came before,” says Tassone. “We’re building on academic papers. We’re building on each other’s work. That’s part of the culture of shared trust, shared responsibility.” Google has leveraged that shared past to become very good at doing things “at scale,” becoming the world’s dominant search engine. It has developed networking algorithms that allows it to deliver queries in about 1/4 of a second (a human eye blink is about 1/10th of a second), process over 100 billion searches every month, and find over 30 trillion unique URLs (up from 1 trillion in 2008). About 1/6th of the searches it sees on a given day are novel to the company, and on average each answer travels 1500 miles to get back to the user. More than 1000 person-years have gone into creating these algorithms. Moreover, instead of building its own hardware to house its search engine, Google strung together clusters of relatively cheap computers made by other companies and developed the technological infrastructure that enabled these machines to talk to each other. This allowed Google to lessen its reliance on the product

“People are open-minded and intellectually curious. They want to make new things. So they’re going to do it, and the legal system is just going to have to adjust.” —Eric Tassone ‘98

“I see an open, collaborative culture in Silicon Valley and software developers are willing to work together to innovate. There are a lot of similarities with the culture at UVA. When I was a student, we were always willing to help each other out.”—T.J. Angioletti ‘92

pipeline of other companies while making it easier to distribute its information, expand applications (add more machines), and fix hardware failures. “Idealism is strong here,” says Tassone. “To an outsider, it may look like we have a robotic master plan. The truth is that Google is a bunch of idealistic humans. It is a very organized chaos—and I use that term in a mathematical sense. By design, there is supposed to be experimentation and risk taking.” “My personal view is that the system will never be perfect,” he adds. “But there’s so much innovation here in Silicon Valley that it is going to happen no matter what. People are open-minded and intellectually curious. They want to make new things. So they’re going to do it, and the legal system is just going to have to adjust.”

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illustrations in rock star Edward L. “Eddie” Van Halen’s 1987 patent application for his Musical instrument Support device, patent number 4,656,917. Heavy metal indeed.

Thus the rise of non-practicing (NP) entities, derisively called “patent trolls” by the IP bar, that amass portfolios of inactive patents to harvest licensing fees or patent infringement settlements. “Large companies are feeling somewhat beleaguered by lawsuits from non-practicing entities,” says Hockett. “They feel like that’s a dead-weight loss not benefiting consumers or promoting innovation.” In Silicon Valley, Hockett claims there are many more NP lawsuits than there are competitor lawsuits. “Companies take very seriously competitor lawsuits, but look at NP lawsuits as more of an expensive nuisance.” “The mobile phone wars have gotten a lot of play,” adds Angioletti, “but we see a limited amount of competitor litigation compared to patent troll litigation. Entities that don’t invent anything acquire a patent, and then sue on it.” Another problem is the sheer numbers of patents and “understanding whose land you might be on,” says Hockett. “It is too complicated right now. You usually have a pretty good idea that

38 UVA LAwyer / Fall 2012

if you cross a fence on someone’s land, you’re trespassing, but the costs of figuring that out in the world of high technology are very high. It’s almost like the ‘no trespassing’ signs are buried under the ground and you have to dig to find them.” Until a “troll” reveals itself by demanding royalties or filing suit, no one knows exactly what intellectual property it claims. “Trolling” can be a very profitable business, but one that the patent system has had trouble reconciling with its mission. “There’s a big debate underway as to whether the system should be changed to make it tougher for someone who’s not practicing the patent to assert the patent rights against someone else,” says Hockett. In fact, the Supreme Court has hinted, and many district judges are suggesting, that if a patent owner isn’t itself practicing the patent, they should not be able to get an injunction when someone infringes. But Michel thinks this debate has been a distraction caused mainly by overheated media rhetoric, some of it a deliberate effort by some companies to fan the flames.

Sprigman cites more industries—comedy, music, football, “Companies that often lose patent infringement suits and had cuisine—where patent (and copyright) are at best unnecessary, if to pay a lot of money would like to see a very weak or slow patnot counter-productive. While some industries need a strong patent system, a patent system where you can’t get injunctions, where ent system to incentivize investment and innovative effort, “there is damages are minimal,” he says. “They’ve used PR and the media and also the opposite story where patents give people bargaining chips lobbying to influence the Congress. they use to suppress innovation by others,” he says. “It’s a compli“Of course, they have the right to do that and they should do cated calculus where in some fields, like pharmaceuticals, it points that. But is it in perspective? Is it in proportion? Is it in context? more clearly toward the need for continued protection. In some Is it based on a broad understanding by these decision-makers, or other fields, like smartphones, the calculus is not so clear.” just headlines and sound bites? People talk about patent thickets Indeed, relying solely on patent and copyright protections as a and wasteful litigation and excessive damages and on and on. These business model can be hazardous, if not fatal. When the free music become buzzwords that prevent careful thinking and can lead to download website Napster started making poor public policy. It’s filtered up and affected the inroads on the recording business, the muthinking of the Supreme Court and Congress. I think sic industry went into lock-down. both have been blindly lashing out, trying to solve this “Lawsuits are “The record companies could have value-perceived problem.” the best way improved their business model to take In patent offices all over the world—Europe, advantage of the new peer-to-peer techGermany, the UK, China, Japan, and elsewhere—inanybody’s ever nology, but they relied only on copyright tellectual property law continues to develop. “It’s invented to to control their fate,” says Sprigman. “They a very slow process, but you can think of the law of resolve complex refused to bend, and instead they broke.” patents or the law of intellectual property as its own commercial But the decline of the record labels has not body of knowledge, its own technology,” says Duffy. led to the “death of music.” Indeed, the mu“An idea can come from one country and other coundisputes. That’s sic industry has never been more creative, tries can decide whether it’s a good idea or a bad idea. the way the offered more opportunities for artists, or Very slowly, the law changes, hopefully towards a betsystem’s supposed provided listeners with so many choices. ter system.” to work.” The record companies effectively made Certainly, as Sprigman has spelled out in his themselves irrelevant. new book co-authored with UCLA law professor Michel acknowledges that not every Kal Raustalia, The Knockoff Economy: How Imitation business needs the patent system. “The Sparks Innovation, not every business needs a patent problem is that vast numbers of businesses do need it,” he says. system. Indeed, the act of copying in some industries likely has “Weakening the patent system won’t help the fashion industry, but driven innovation better than any patent system could. it can hurt industries like biotech and pharmaceutical and high-tech Sprigman recounts efforts by fashion designers in the 1930s machinery and electronics. Some lines of business have no depenwho attempted unsuccessfully to use a related form of intellectual dence on a patent system. Fine. Let them prosper.” property, copyright, to protect their designs. That effort failed—the No one knows what will be the next revolutionary product, idea, courts held that clothing is functional and therefore not eligible for or industry. Firms are constantly working to identify promising opcopyright protections. The fashion industry responded by putting portunities, patenting them, and bringing them to market. “That together a cartel to restrain department stores from selling cheap takes enormous amounts of investment,” says Duffy, “and if you don’t “knockoffs,” which, they claimed, would destroy their incentive to have the patent system, at least in theory, there will be less of that create new designs. Eventually, the cartel was ruled to violate the activity. That’s particularly true in a very competitive marketplace.” antitrust laws and broken up. And following the cartel’s demise, the At the same time, some startling innovations may be buried in industry tried again and, as before, failed to get protection from the Patent Office’s enormous inbox. A more efficient system would Congress even as they warned that their industry would implode protect important innovation while avoiding overly broad patent and destroy hundreds of thousands of jobs. protection that might hinder it. “None of that happened,” says Sprigman. “Instead, the opposite “I’m actually quite optimistic in the long run,” says Michel. “We happened. The fashion industry bloomed; they reaped huge profits, are a resilient country. Our scientists and engineers are creative. and we have lots of innovation, competition, and new designs every We’ve got the talent. We’ve got the money. We’ve got the know-how. season. The industry has gotten richer and more powerful ever since We just need to put the pieces together, just like we have always done.” the end of World War II. The theory that copying is inimical to innovation just doesn’t seem to work in the fashion industry. In fact, it seems to speed up the development cycle.”

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The View from the Bench A Conversation with Paul Michel ’66, Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit

After graduating from the Law School, Chief Judge Paul Redmond Michel ’66 joined the Philadelphia district attorney’s office working under then District Attorney Arlen Specter. He left that office to join the Department of Justice, first as an assistant Watergate special prosecutor from 1974 to 1975 and then assistant counsel for the U.S. Senate Select Committee on Intelligence (Church Committee) from 1975 to 1976. He served as deputy chief of the Public Integrity Section and lead prosecutor in the Koreagate scandal from 1976 to 1978, before becoming associate deputy U.S. attorney general from 1978 to 1981. In 1981 Michel became counsel and administrative assistant to Senator Arlen Specter. President Reagan nominated Michel to the Federal Circuit Court of Appeals in 1988, and he became Chief Judge in 2004. He retired from the bench in 2010. Michel wrote over 800 opinions and is widely recognized as a seminal figure in patent law, over which the Federal Circuit has nationwide jurisdiction. Recognizing that he “helped shape the landscape of patent law in the U.S. and handed down some of the court’s most important judgments,” Intellectual Asset Management (IAM) magazine inducted Michel into its IP Hall of Fame in 2010.

UVAL: You retired in order to speak out some

more on various issues affecting patent law and regulation in general?

Judge Michel: I left the court in 2010, mainly in order to be free to speak out about policy issues, political issues, controversial issues. I loved being a judge, and I originally expected to stay until I became very ancient and finally expired. But I changed my mind because there seemed to be a vacuum of independent discussion that was neutral and fact-based. All the patent disputes on Capitol Hill were protecting some very specific interest, which is legitimate enough, but no one was looking at it from the standpoint of what’s good for the system, what’s good for the country, and what’s good for the future. So I decided to leave the court in order to be free to speak out on patent reform issues and other matters. For example, the courts are a critical part of the infrastructure of the

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country. They have been badly neglected for more than a decade. They are severely over-stressed and understaffed, and that’s creating huge problems for commercial actors, individuals, and organizations. I decided it was time to become an advocate again, not for individual clients, but for institutions, like the courts, and the patent office, and other agencies of government.

expensive, all of which are entirely doable. We used to have such a system. We just let it go. It’s like maintaining roads and bridges and levies and dams. Eventually, they degrade and get worse and worse. So we know how to do it right. It’s a question of whether we want to make a priority out of restoring the Patent Office and the courts. It would do a world of good in ten different ways, and it’s not very expensive or too hard to do. So why aren’t we doing it? Well, people aren’t making a priority out of it. It’s the same thing with the courts. Why are the courts always 100 judges short? Because it’s too low a priority at the White House to promptly nominate people, and it’s too low a priority at the Senate to expeditiously confirm or reject nominees. It used to be done in a matter of weeks.

UVAL: Like your appointment, for example. Judge Michel: Well, that’s right. I was

UVAL: Is yours a lonely voice?

nominated in December, had a hearing in February, and was confirmed in March. If you go back a few years before that, the entire process took just about a month, sometimes weeks.

Judge Michel: Well, I don’t feel lonely, but it’s difficult to get heard if you don’t represent some huge industry or technology or some very powerful financial sector.

UVAL: How are you trying to teach the public about the patent system? Judge Michel: I’m trying to organize two

UVAL: In a perfect world, how would you improve the Patent Office? Judge Michel: We have to make it faster, more predictable, more careful, and less

different think tanks, one of which will focus primarily on the friction points in the system and how to change the procedures to make them more efficient, less expensive, and more predictable. A second one

“

No one was looking at it from the standpoint of what’s good for the system, what’s good for the country, and what’s good for the future.”

UVA Lawyer / Fall 2012 41

at a university will do economic research, partly to prove the importance to job creation of a well functioning patent system and court system. Many people intuitively understand that, but there is not a lot of economic data to prove it irrefutably. My goal is to try to break out of the confines of the patent community to engage the interest of the larger corporate community, investment community, and media.

UVAL: What’s the most persistent challenge to your efforts? Inertia? Judge Michel: Yes. People just aren’t focused on this. There’s a great story told over and over by many members of Congress. They say when the chief patent lawyer of XYZ Company comes in to see them, they say the Patent Office needs more money and the patent law needs reform. When that same company’s CEO comes to see them, all they talk about is taxes and regulation. They never say anything about the court system, the Patent Office, or the patent system. So there’s just not enough attention at the higher levels within companies or in the federal government. I’m trying to raise the consciousness, raise the awareness, raise the focus.

UVAL: And the Patent Office, as a government entity, is the ultimate regulator? Judge Michel: Yes, of course. [Laughs] It’s a job-creating, technology-advancing, export-generating engine. It’s entirely beneficial if it’s run right.

UVAL: How much money is needed to fund a fully functioning Patent Office? Judge Michel: About a billion dollars. Same thing for the courts. It would cost so little, it’s not even a rounding error, but they don’t do it. A lot of congressmen resent judges because they don’t have to run for office. They don’t have to raise money. They don’t have to run around doing town meetings

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and other things like that. And, of course, judges have to decide cases. Sometimes they invalidate congressional enactments, and other times they interpret them in a way that some faction in Congress doesn’t like, so you’re always making somebody mad. There’s a lot of resentment as a result of that, and that makes it very hard to get Congress to treat the judiciary properly. It’s not only a question of adequate staffing. The computer systems in the Patent Office and in the judiciary are hugely out of date and completely inadequate. The courts suffer in other ways as well. For example, I was appointed in 1988, and retired in 2010, 22 years. During that time, the purchasing power of my salary went down 24 percent, so I lost ground every single year I was a judge. The salary isn’t adequate to attract the best legal talent in America, particularly from the private sector. For people already in government, the salary is okay, but for anybody in the private sector in a good law firm, it’s a huge pay cut to become a federal judge. It’s the most prestigious position a lawyer can get, yet it’s viewed as unaffordable by a huge portion of the private sector. I think that’s a disgrace. In England, judges are paid the equivalent of $380,000, which is more than twice what American judges are paid.

UVAL: What about the individual inventor who has a great idea to improve a smartphone and tries to develop it. Would Apple make that as hard as possible? Judge Michel: I don’t think so. I think it actually works the other way around. It’s the equalizer, the equivalent of the Colt .45 in the Westerns where the little guy can compete effectively against the big guy if he has a valid patent that he can enforce in the courts in some reasonable timeframe and at some reasonable cost. The companies that later became Apple and Google were tiny, embryonic things in the beginning, relying on venture capital and the patent system. Then they grew like crazy and invented all these new

things, which seems to prove the value of the patent system. Same thing with Silicon Valley and the other giant multinational Silicon Valley companies. They’re making record profits. The patent system has not strangled them. Anybody who thinks that is deluded. They’re making more money than they ever dreamed of making. They don’t know what to do with all of it. So I don’t see that the patent system is strangling innovation or strangling companies. What it’s doing is incentivizing more investments, which is exactly what we need.

UVAL: Have you seen one of those landscape maps that illustrate patent thickets? Judge Michel: No, but I don’t agree that there are thickets, you see. This is one of the buzzwords meant to prevent careful thinking. You can design around patents, or you can license patents, or you can do a combination. But the idea that you’re blocked and helpless is just not true. Another buzzword is royalty stacking, that if some device potentially involves 100 patents and if they all get paid so much money, the damages would be more than the total value of the product. But there’s no such case. It’s a theoretical argument made up by people who want to get quoted in the press or get something published.

UVAL: Google’s purchase of Motorola mobility apparently was to buy their 15,000 patents for a defensive position. Does that sound right to you? Judge Michel: No, it doesn’t make much sense to me because most of those suits aren’t brought by companies that would be subject to cross-licensing resolutions. They’re brought by companies that invest in patents and litigating patents, and aren’t interested in cross licensing. You can have all the patents you want. It doesn’t do you any good when you’re sued by a so-called nonpracticing entity. The idea that somebody won’t sue you because you could counter

sue them doesn’t make any sense to me. If you’re infringing my patent, I’m going to sue you. The fact that you may have some patents and you can countersue me is beside the point. You might sue me. I might sue you. We might both win, and the net flow of dollars depends on the details of the case. No one needs to buy vast portfolios to defend themselves. If you can show the other patent is invalid, you win. If you can show there was no real damage, you win. If you can show that you didn’t infringe it, you win. So it’s a very exaggerated idea that companies are helpless unless they have vast arrays of patents that they can use “defensively.” There is something to it, but like all these other notions, it is hugely exaggerated and totally out of proportion, and leads to bad decision making.

UVAL: So the patent system is a flexible, powerful way to spur innovation? Judge Michel: It’s sharing of technology. It’s incentivizing investment. It’s recouping prior investment. It’s stimulating design around new technological breakthroughs. That’s what worked like a charm for more than a century, until the last 10 or 15 years.

UVAL: You have been a public servant your entire career? Judge Michel: I spent 44 consecutive years in public service, right after graduating from the University of Virginia Law School until I retired at the end of May 2010. I never had a job in the private sector. I never was in a law firm. I had an unusual series of jobs that turned into a career. I followed what I think is a wonderful tradition at the University that goes all the way back to Thomas Jefferson. I look more to people like Senator Robb [’73] or Senator Warner [’53] who had gone to the Law School and then went on to extensive public service careers to the great benefit of the country. I wanted to do the same thing. And I felt like I was very much encouraged by

the faculty to move in that direction, even though it was a little unusual. The faculty and the whole experience of my three years in Charlottesville prepared me very well to undertake that sort of public career. In a way, I’m still pursuing a public career. I’m just not on the public payroll.

UVAL: Public servants are often underappreciated, and you chose a career that earned a great deal less money than if you had gone into the private sector. Judge Michel: I’m the only successful middle-aged lawyer I know who doesn’t own a home, who doesn’t own any stock, who really doesn’t have any assets at all. And that was the consequence of 44 straight years of rather modest government salaries. Not everybody is prepared to do that, so you do lose a lot of talent if you have inadequate compensation. But it’s what I wanted to do. Everybody in the country is your client, in a way. I would not do it differently. I never had a boring day, and I never had a day when I felt like I wasn’t working on things of broad importance to lots of people, whether in the Watergate investigations, or as a young prosecutor in Philadelphia, or working on the Senate Intelligence Committee with the Church committee, working in the Department of Justice. It was a great adventure and a great journey. I loved every day of it. And as I say, I would have kept doing it if there hadn’t been this unusual opportunity to fill a vacuum of neutral independent voices about these public controversies. But you might be interested to know, and my very alert wife reminded me of this, that I grew up in Philadelphia. I’m a

Pennsylvania boy. I have three brothers. I was the first to go to the University of Virginia and my experience was so good that both my younger brothers, despite being Pennsylvanians, went to the University at the graduate school level, one in public policy. He went directly to the White House on the recommendation of his dean, and has been a serial CEO in the private sector ever since. And the youngest brother went to the architecture school and, being the smartest of the four boys, never left Charlottesville. So the University of Virginia became a magnet for my whole family. One of my daughters went there. My sister-in-law went there. My nephew goes there. We’ve been adopted by the University and its various schools.

UVAL: Did you follow the resignation and reinstatement of President Teresa Sullivan? Judge Michel: Oh, sure. We followed that hour by hour. I think the University of Virginia is very resilient. I don’t feel pessimistic about the University any more than the country in general, or the patent system, or the Patent Office, or the court system. In the long run, they will all flourish and radiate immense good in every direction. That doesn’t mean we won’t have some hard times in the short run. People have to get a sense of balance and proportion and proper priorities. We can get it right. We’re not stupid people, and we can learn from mistakes. We can readjust skewed priorities. We can change incentives and reward systems of various kinds. And I think we will. If we do that collectively, we have a fabulous future.

VIDEO & MP3: Paul Michel delivered the keynote address at “Copy Right, Patent Wrong? How Special Interests Are Influencing Intellectual Property Laws,” a symposium hosted by the Virginia Journal of Law & Technology at the Law School on October 26. His address may be viewed at bit.ly/judgemichel

UVA Lawyer / Fall 2012 43

FacUltY news & BrieFs

In May kenneth aBRaham delivered two lectures at Tel Aviv University Law School in Israel: “Long-tail Liability and Insurance” and “Insurance of Liability for Offshore Oil Pollution.” Abraham also published “Strict Liability in Negligence,” in the DePaul Law Review (2012) (Symposium in honor of Robert L. Rabin).

In June keRRy aBRams presented an article called “What Makes the Family Special?” at a University of Chicago Law Review Symposium on Immigration and Institutional Design. It will be published by the Chicago Law Review. She also presented an essay, “Recognizing Polygamy,” at the International Society of Family Law Annual Conference. In July, Abrams presented an article, “Plenary Power Preemption,” at a Law School faculty workshop. She presented it again at the University of Iowa Law School faculty workshop in September and will present it at the University of Baltimore Law School in October. It will be published next year by the

44 UVA LAwyer / Fall 2012

Virginia Law Review. Also in September Abrams participated in a panel with David Martin, Anne Coughlin, and John Harrison, in which they discussed the implications of Supreme Court’s recent decision in Arizona v. United States. The panel was sponsored by the J.B. Moore Society and the Immigration Law Program. Abrams discussed the Arizona decision again in late September at the Supreme Court Roundup, sponsored by the Student Legal Forum. Other panelists were A.E. Dick Howard and Mimi Riley. In October Abrams helped organize a Feminist Legal Network conference at the University of Baltimore Law School, and presented a paper, “A Legal Home: Derivative Domicile and Women’s Citizenship.” She also presented the same paper in workshops at Berkeley and University of Southern California law schools, and moderated a panel for students at the Law School called “Becoming a Law Professor” with Risa Goluboff, John Duffy, and Deena Hurwitz.

In March maRGo BaGLey presented “Changing Tides or a Drop in the Bucket? Issues in Plant Patent Litigation in the U.S. and Abroad,” at the Seyfarth Shaw – Emory Law School IP CLE Program in Atlanta. In May she gave a lecture on “International Patent Law and Policy” at Singapore Management University; and in June she delivered a talk on the “Protection of Biotechnological Inventions and Pharmaceuticals and IP” at the Munich Intellectual Property Law Center of the Max Planck Institute. In September Bagley presented “Biotech Patent Eligible Subject Matter in the U.S. and Abroad: A Moving Target?” at the University of Leuven in Belgium; and in October delivered the same presentation at the University of Dayton Scholarly Symposia in Dayton, Ohio.

In November the National Academy of Sciences released a report on Juvenile Justice Reform prepared by a committee chaired by RichaRd Bonnie ’69. The twoand-a-half-year study, Reforming Juvenile Justice: A Developmental Approach, was requested by the Office of Juvenile Justice and Delinquency Prevention, an agency of the U.S. Department of Justice. The committee’s charge was to take stock of the juvenile justice reforms undertaken over the past 15 years in light of current knowledge about adolescent development. Bonnie made presentations to the Virginia General Assembly’s Joint Commission on Health Care in June and October in support of legislation recommended by the Commission on Mental Health Law Reform and the Virginia College Mental Health Study, both of which he directed. In October he spoke to the

FacUltY news and BrieFs …

American Academy of Neurology in Minneapolis on impediments to the use of advance directives in health care. Bonnie has been appointed to an American Bar Association multidisciplinary task force charged with updating the highly influential Criminal Justice Mental Health Standards approved by the ABA in 1984 after a after a three-year process in which Bonnie played a principal role. The new task force is chaired by Christopher Slobogin of Vanderbilt University Law School. Bonnie co-authored an amicus brief submitted to the U.S. Supreme Court in July with Stephen Morse of the University of Pennsylvania Law School on behalf of 53 law professors in Delling v Idaho. The brief urges the Court to grant certiorari and rule that abolition of the defense of insanity, which four states have done, violates the due process clause.

In May whit BRoome was honored by the Virginia Society of Certified Public Accountants with their “2012 Outstanding Member of the Year” award. This award is given to just one of the organization’s 12,000 members each year, and it is rarely awarded to an educator.

BRandon GaRRett recently

kevin cope presented his paper, “The Intermestic Constitution: Lessons From the World’s Newest Nation,” at the Law and Society Association’s annual conference this summer in Honolulu. The article will be published in the Virginia Journal of International Law. A related piece focusing on foreign and domestic influences on South Sudan’s constitutional drafting process will appear as a chapter in a volume due out next year published by Cambridge University Press. This summer, Cope began a project that measures quantitatively the relationship between the American constitutional text and its judicial interpretations, comparing the latter with other countries’ constitutional provisions. Cope, together with Mila Versteeg, is now seeking funding to expand the project to study the various sources of recognized rights in national constitutional systems around the world. They hope to use the data to learn more about the role of courts and other institutions in shaping rights globally. Based on data he gathered from 80 years of federal appeals court decisions involving the

published “Introduction: Symposium on ‘Convicting the Innocent,’” in the New England Law Review for a symposium issue discussing his book, Convicting the Innocent. In August Garrett coorganized and co-moderated a panel on remedies and constitutional rights at the Southeastern Association of Law Schools conference in Amelia Island, Fla. He presented a paper titled “Aggregation and Constitutional Rights” which is forthcoming in Notre Dame Law Review. In September Garrett presented two chapters on how corporations are prosecuted at a faculty workshop at the University of Maryland School of Law. The chapters are from a manuscript in progress to be published by Harvard University Press. He presented additional chapters at a faculty workshop at the Law School in November. Garrett also wrote a three-part series of short pieces for the Huffington Post on the importance of proposed federal legislation to improve forensic science. In October Garrett gave a talk to the Charlottesville Bar Association on his wrongful convictions research. In November he presented a short paper titled “Validating the Right to Counsel” at a symposium on the 50th anniversary of the Gideon v. Wainwright decision at Washington & Lee School of Law , and talked to and the Virginia Capital Defenders Association about his research on wrongful convictions.

foreign affairs political question doctrine, Cope is preparing a paper arguing that circuit courts’ treatment of the doctrine has diverged from the Supreme Court’s approach. The paper will explore that phenomenon’s bases and implications and show how the trend undercuts the conventional wisdom that the political question doctrine is losing clout in federal jurisprudence.

Cope will participate in the Law School’s annual Gustave Sokol Colloquium on Private International Law next April. Earlier this year he was appointed visiting assistant professor of Law at Washington and Lee University School of Law. He will teach a first-year course in transnational law during the spring semester.

UVA LAwyer / Fall 2012 45

Faculty News and Briefs …

In November Risa Goluboff gave a lecture at Yale for their research initiative on the history of sexualities, entitled “Sexuality and the Demise of Vagrancy Law,” and appeared on a panel on constitutional history at the annual meeting of the American Society for Legal History. Next March, she will be giving a faculty workshop at Brooklyn Law School.

In February Rachel Harmon presented “The Limits of Liability” at the Saint Louis University School of Law Public Law Review symposium on Control of Police Misconduct in a Post-Exclusionary Rule World: Can it Be Done?” The article will publish later this year as “The Limits of Liability: Federal Influence on Policing Reform,” 32 St. Louis University Public Law Review (symposium issue). In August Harmon spoke at the Virginia Chiefs of Police Annual Conference in Roanoke about best departmental practices and policies for responding to videotaping and for managing protests. In October Harmon presented “Information and Effective Governance of the Police: Wickersham and Beyond,” at the Marquette Law School Conference on America’s First National Crime Commission and the Federalization of Law Enforcement. That talk will be published as an article early next year in the Marquette Law Review. Harmon also wrote the entry “Policing the Police,” for the Encyclopedia of Criminology and Criminal Justice (Gerben Bruinsma & David Weisburd, eds.). A profile of Harmon’s work entitled “Promoting Policing at Its Best” appears in this year’s Virginia Journal.

Tom Hafemeister has had three law review articles accepted for publication since the beginning of the year. The first, entitled “The Ninth Circle of Hell: An Eighth Amendment Analysis of Imposing Prolonged Supermax Solitary Confinement on Inmates with a Mental Illness” (with Jeff George ’13), will appear as the lead article in volume 90(1) of the Denver Law Review, with a commissioned response provided by a pair of faculty members associated with the University of Denver School of Law. The second, entitled “Don’t Let Go of the Rope: Recognizing Hospitals’ Fiduciary Duties to Their Discharged Patients” (with Joshua Hinckley Porter ’10), will appear in volume 62(3) of the American University Law Review. The third, entitled “Parity at a Price: The Emerging Professional Liability of Mental Health Providers” (with Leah Gail McLaughlin ’11 and Jessica Smith ’12),

46 UVA Lawyer / Fall 2012

will appear in volume 50(1) of the San Diego Law Review. Hafemeister also served as a contributing editor for the HealthLawProf Blog and posted a number of entries. He also published or has had accepted for publication (with Shelly L. Jackson) a series of elder abuse articles in various peer-reviewed journals in 2012. They include: “APS Investigation Across Four Types of Elder Maltreatment” in the Journal of Adult Protection, “Assessing the Safety of Elderly Victims After the Close of an APS Investigation” in the Journal of Interpersonal Violence, “Elder Financial

Exploitation vs. Hybrid Financial Exploitation Co-Occurring with Physical Abuse and/or Neglect” in Psychology of Violence, “How Case Characteristics Differ by the Type of Maltreatment Experienced: Implications for Intervention” in the Journal of Applied Gerontology, “How Do Elderly Persons Who Have Been Abused and the APS Caseworkers Who Handle Their Cases View Law Enforcement and Criminal Prosecution and What Impact Do These Views Have on the Processing of These Cases?” in the Journal of Elder Abuse and Neglect, and “Research in Brief: New Directions for Developing Theories of Elder Abuse” published by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice.

Faculty News and Briefs …

A. E. Dick Howard ’61 spoke on “Documenting America’s Constitutional History” to the board of the National Constitution Center in Philadelphia. He identified seminal documents in Anglo-American history, both before and after the writing of the Constitution, that illuminate the main themes in American constitutionalism. In Washington, Howard talked about “The Emerging Roberts Court” at the Cosmos Club. Sponsored by the Club’s Legal Affairs Committee, Howard highlighted the changes brought about since President Bush’s appointment of John Roberts and Samuel Alito and President Obama’s naming of Sonia Sotomayor and Elena Kagan to the Court. In Richmond Howard gave the inaugural lecture launching the Library of Virginia’s new exhibit on Law and Justice. Howard spoke on “The Earth Belongs Always to the Living Generation: The Constitution of Virginia—Past, Present, and Future.” His theme was the tension in Virginia’s constitutional history between continuity, as reflected in George Mason’s reference to a “frequent recurrence to fundamental principles,” and change, as exemplified in Jefferson’s call

for each generation to rewrite the Constitution. Howard then moderated a discussion with Virginia Supreme Court Judge Elizabeth Lacey and Richmond attorney Lane Kneedler ’69. At the Law School, Howard spoke at and moderated the annual Supreme Court Roundup. He looked at the Roberts Court through the lens of its most recent term. He was followed by Kerry Abrams and Mimi Riley, who analyzed the Arizona immigration case and the health care decision. Also in Charlottesville, Howard addressed the University’s Thomas Jefferson Society of Alumni on “The Changing Face of the Supreme Court.” He focused on what has changed— both in the cases and in how the Court does its business—since the days of the Warren Court. During the Law School’s reunion weekend, Howard spoke at the Class of 1962’s 50th reunion dinner. Also, under the auspices of the National Security Law Institute, Howard lectured on “Revolutions and Constitutions,” including a look at developments since the Arab Spring uprisings in Egypt and other countries in the region. Among Howard’s recent publications is “The Constitution and the Role of Government,” in the Charleston Law Review. In this article, based on his keynote address at a conference in Charleston on “The Role of Government,” Howard explores the ways in which conservatives have sought to roll back the legacy of the Warren Court, including the emergence of conservative public interest law firms, the doctrine of originalism, and networking through such

groups as the Federalist Society. Another article, this one on the Supreme Court’s 2010–11 term and the emerging Roberts Court, appears in the online version of the Virginia Law Review.

In October John Jeffries ’73 served as senior scholar for the Fifth Annual Federal Courts Junior Workshop in Williamsburg. Junior federal courts scholars submit papers and the senior scholars comment on them. He also spoke in Washington, D.C., at the presentation of the Lee Integrity Award to Justice Sandra Day O’Connor. Jeffries’ article, “The Liability Rule for Constitutional Torts,” has been accepted by the Virginia Law Review for publication next spring and is available now via SSRN.

In May Douglas Laycock spoke in Washington, D.C., on “No Exemption to the Rule? A Debate on Religious Liberty,” cosponsored by the American Constitution Society and the American Jewish Committee; on “Liberty’s Refuge: The Forgotten Freedom of Assembly,” cosponsored by the Federalist Society and the American Enterprise Institute; and on “Religious Liberty in 2012: Still the First Freedom?,” sponsored by Catholic University. In September Laycock delivered the Constitution Day Lecture at Mercer University Law School on “The Constitution and the Culture Wars—With Special Attention to the Religion

MIT Press just published a book that Edward Klees co-wrote (with Nobel Prize winning scientist Bob Horvitz) on biomedical consulting. Science magazine published in October an article by Klees and Horvitz on the same topic.

UVA Lawyer / Fall 2012 47

Faculty News and Briefs …

Clauses;” spoke to the UVA Wesley Foundation on “Religious Liberty and the Culture Wars;” and commented for the UVA Federalist Society on Timothy Carney’s presentation, “How Government Intervention Rewards Lobbyists and Lawyers and Punishes Entrepreneurs and Innovators—Thus Hurting the Whole Economy.” In October Laycock spoke on “European and American Models of Religious Freedom: The Future of Religious Autonomy” at a conference in Washington jointly sponsored by the Georgetown and Brigham Young Law Schools. That evening, he received the J. Reuben Clark Society’s International Religious Liberty Award. In November Laycock gave the David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, at the University of Illinois Law School, on “Religious Liberty Through the Right End of the Telescope.” He recently published “Restoring Restitution to the Canon” in the Michigan Law Review; “Hosanna-Tabor and the Ministerial Exception” in the Harvard Journal of Law and Public Policy; “RLUIPA: Necessary, Modest, and Under-Enforced” in the Fordham Urban Law Journal (co-authored with Luke Goodrich); and “Clause for Concern” in the Cavalier Daily. He was on the brief for the University of Texas in Fisher v. University of Texas in the Supreme Court, yet another case challenging affirmative action in university admissions.

48 UVA Lawyer / Fall 2012

David A. Martin completed, with his co-authors, the seventh edition of Immigration and Citizenship: Process and Policy, a leading casebook in the field. It was published by West in early 2012. Martin published a brief essay titled “Reading Arizona” in the Virginia Law Review on the Supreme Court’s decision that struck down three of the four challenged provisions of Arizona’s restrictive immigration legislation. (As principal deputy general counsel of the Department of Homeland Security, while on leave from the Law School in 2009–10, Martin had been involved in the federal government’s early decisionmaking on the case.) Martin also participated in three Law School panels over the spring and fall semesters regarding the case, and he was invited to address the ABA’s Winter Leadership Meeting in Las Vegas in January on similar issues as part of a panel on “Legal Challenges to State Immigration Legislation.” In March Martin appeared as an invited speaker at the annual meeting of the American Society of International Law on a panel addressing “An Emerging International Law of Migration.” An essay based on his remarks will be published in the Proceedings as “Human Rights and Migration Management: Of Complexity, Balance, and Nuance.” In May Martin was the dinner speaker for the Five-Country Conference, a periodic gathering of government officials who deal with migration and border security issues from the U.S., Canada, Australia, New Zealand, and the United Kingdom. It was hosted by the Department of Homeland Security at the Boar’s Head Inn. In June and July, Martin was often contacted and quoted by journalists analyzing the Obama Administration’s policy giving “deferred action,” a quasi-official immigration status, to so-called Dream Act kids—persons who came to the United States illegally before age 16 and who have been living here for at least five years. His analysis of the legal validity of the policy, “A Lawful Step for the Immigration System,” was published as an op-ed in the Washington Post. In August Martin took part in an extended program on the deferred action policy, hosted in Washington, D.C., by the Migration Policy Institute. Martin also rejoined MPI that month as a nonresident fellow.

In July Dan Meador addressed the annual meeting of the Alabama State Bar on restructuring the U.S. Supreme Court.

Gregory Mitchell is publishing chapters on the methods and limitations of behavioral law and economics in the Oxford Handbook of Behavioral Economics and Law (Eyal Zamir & Doron Teichman, eds., forthcoming 2013) and the Research Handbook on Behavioral Law and Economics (Joshua C. Teitelbaum & Kathryn Zeiler, eds., forthcoming 2013). In addition, Mitchell co-authored (with Philip Tetlock and Jason

Faculty News and Briefs …

Anastasopoulos) an article titled “Detecting and Punishing Unconscious Bias,” which was published in the Journal of Legal Studies.

importance that the Senate give advice and consent to the Law of the Sea Convention. His rebuttal of Donald Rumsfeld’s anti-treaty statements was published as “Conservatives and the Law of the Sea Time Warp,” in the Wall Street Journal in July; and later that month in the Huffington Post his piece “Restoring America’s Oceans Leadership.”

This fall Tom Nachbar’s second paper on counterinsurgency, “The Use of Law in Counterinsurgency” will be published in the Military Law Review. A paper he wrote in conjunction with his service as an Army Reserve judge advocate, “Executive Branch Policy Meets International Law in the Evolution of the Domestic Law of Detention,” will be published in the Virginia Journal of International Law.

John Norton Moore announced that the proceedings volume from the 2011 Sokol Colloquium, International Arbitration: Contemporary Issues, has gone to press. Papers from the 2012 Sokol Colloquium are currently under preparation and will be published early next year under the title Foreign Affairs Litigation in U.S. Courts. Just released is Maritime Border Diplomacy (Martinus Nijhoff Publishers). Co-edited by Moore and Myron Nordquist, the volume contains the papers from the 35th annual conference sponsored by the Center for Oceans Law and Policy which Moore directs. The papers examine critical issues in international maritime boundary disputes together with the important global role of Indonesia, whose maritime boundaries are imperative to its sovereign status identity. This summer Moore published two articles underscoring the

In 2012 John Morley presented papers at American Law and Economics Association annual meeting; Colorado Law School Junior Business Law Conference; Columbia Law School Blue Sky Workshop; Harvard Law School Law and Economics Seminar; UCLA Junior Business Law Faculty Forum; Yale Law School Weil Gotshal Corporate Law Roundtable; Yale Law School Law Economics and Organization Workshop. Morley’s “An Empirical Study of Mutual Fund Excessive Fee Litigation: Do the Merits Matter?” (with Quinn Curtis) will be published in the Journal of Law, Economics, and Organization (forthcoming 2014); and “The Regulation of Mutual Fund Debt” in the Yale Journal of Regulation (forthcoming 2013), also featured in the Financial Times.

Earlier this year Dotan Oliar published “The CopyrightInnovation Trade-Off: Property Rules, Liability Rules, and Intentional Infliction of Harm” in the Stanford Law Review. The article studies the recurring pattern in which new technologies of copying and dissemination—such as radio, TV, Xerox machines, VCRs, and the internet—disrupt preexisting business models in the entertainment industry, and how copyright law should deal with it. In June he presented this paper in the Interdisciplinary Center in Herzlia, Israel.

Dan Ortiz will be publishing “El Procedimiento Administrativo en los Estados Unidos de América: una introducción a la Administrative Procedure Act” in Ensayos sobre el Procedimiento Administrativo: Procedimiento administrativo en el derecho comparado (Héctor M. Pozo Gowland et al. eds. 2013) (with Juan Cruz Azzarri); “Discrimination in Employment—Description and Legal Responses” in the Wiley Encyclopedia of Management (forthcoming 2013). Ortiz has also published “The Informational Interest” in the Journal of Law & Politics; “Recovering the Individual in Politics” in the New York University

UVA Lawyer / Fall 2012 49

Faculty News and Briefs …

Journal of Legislation and Public Policy; “Doctrina CHEVRON: Su Significado en el Derecho Estadounidense y su aplicabilidad en la Argentina” (with Juan Cruz Azzarri) in El Derecho.

Jim Ryan ’92 continues to serve

Saikrishna Prakash published a book review with Mike Ramsey called “The Goldilocks Executive” in the Texas Law Review reviewing “The Executive Unbound” by Eric Posner and Adrivan Vermeule; an article with Neal Devins, “The Indefensible Duty to Defend” in the Columbia Law Review; and has two articles forthcoming in the Chicago Law Review, “Missing Links in President Obama’s Evolution on Gay Marriage” and “Reverse Advisory Opinions” in the Chicago Law Review (with Neal Devins).

on the Equity and Excellence Commission, appointed by the U.S. Secretary of Education, which is examining ways to make the nation’s education system more equitable and efficient. He also remains a board member on the Maya Angelou Public Charter School in Washington, D.C., the Legal Aid Justice Center in Charlottesville, and the Tapestry Project in New York City (the last is dedicated to promoting integrated charter schools). In May Ryan published an oped in the New York Times, entitled “Romney’s School Surprise,” which analyzed Mitt Romney’s education plan; and is publishing an article next year in the Georgetown Law Journal, entitled “Poverty as Disability and the Future of Special Education Law.” Next March Ryan will participate in two conferences at the University of Richmond. The first addresses the legacy

of San Antonio v. Rodriguez, a 1973 Supreme Court decision regarding school funding, and the second addresses school desegregation in the Richmond schools in the early 1970s. He is also giving a talk on Neuroscience and Special Education Law at the Florida State University College of Law. This marks Ryan’s fourth year as director of the Law School’s Program in Law and Public Service.

Gil Siegal is chairing the organizing committee of the Third National Conference on Genetics, Ethics and the Law, to be held at the Law School next May. He has also published (with Mark Rothstein) “The Duty to Notify” in the Houston Journal of Health Law & Policy; “JumpStarting Telemedicine” in the Ear, Nose & Throat Journal; “Enabling Globalization of Health Care in

George Rutherglen has published a book this fall with Oxford University Press entitled, Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866. A related article of his, “The Thirteenth Amendment, the Power of Congress, and Shifting Sources of Civil Rights Law,” is coming out at the same time in the Columbia Law Review.

50 UVA Lawyer / Fall 2012

the Information Technology Era” in the Virginia Journal of Law & Technology; and (Richard J. Bonnie and Paul S. Appelbaum) “Personalized Disclosure by Information-on-Demand: Attending to Patients’ Needs in the Informed Consent Process” in the Journal of Law, Medicine and Ethics.

In September Oxford University Press published the new book Chris Sprigman has coauthored with Kal Raustiala of UCLA—The Knockoff Economy: How Imitation Sparks Innovation. The Knockoff Economy has been covered in the Wall Street Journal, NPR’s Morning Edition, Marketplace Radio, NPR’s All Things Considered, the Los Angeles Times, The Daily Beast, Time Magazine, the Freakonomics blog, Bloomberg Law, the New York Times Magazine, NPR’s Planet Money, ABC News, Fast Company, Wired, WNYC’s Brian Lehrer Show, Forbes, and a number of other media outlets. In November Sprigman also presented a new paper, “What’s a Name Worth? Experimental Tests of the Value of Attribution in Intellectual Property” (coauthored with Chris Buccafusco and Zach Burns), at the annual Conference on Empirical Legal Studies at Stanford.

FacUltY news and BrieFs …

pieRRe-huGues veRdieR completed an article entitled “The Political Economy of International Financial Regulation,” which will appear in the Indiana Law Journal in 2013. The article examines the evolution of the current system of international financial regulation, from its beginnings with informal meetings of regulators in the 1970s to today’s elaborate “network of networks” coordinated by the Group of 20 and the Financial Stability Board. It argues that despite the adoption of many new standards after the recent financial crisis, the current system remains constrained by history and politics and its success varies considerably across areas of financial regulation. Verdier also wrote a chapter on U.S. implementation of the Basel II international bank capital accord for a book published by

Oxford University Press, which will appear in late 2012. In addition to his work on international financial regulation, Verdier is also working on other international law issues. He is currently working, along with Erik Voeten of Georgetown University, on the first systematic empirical study of customary international law. The study examines how the customary rule of foreign state immunity evolved over the course of the 20th century, based on a new survey of the practice of over 100 states. The article will propose a novel theory of compliance with, and change in, customary international law that is supported by the empirical findings. The paper was accepted for the American Political Science Association’s 2012 Annual Meeting, and Verdier and Voeten will be presenting it this year at conferences sponsored by the Wharton School, the University of Colorado, and the American Society of International Law, and Brooklyn Law School, among others.

Over the past year, miLa veRsteeG has prepared several papers in the field of comparative constitutional law, which were published—or are now forthcoming—in the NYU Law Review (2012), the Journal of Legal Studies (2012), California Law Review (2013), UCLA Law Review (2013), NYU Law Review online (2012), and in three edited volumes (all with Cambridge University Press). One article, “The Declining Influence of the United States Constitution” (co-authored with David S. Law), was featured on the front page of the New York Times, the International Herald Tribune, and in other media.

At the midyear meeting of the American Society of International Law, hosted by the University of Georgia Law School, pauL stephan ’77 moderated a panel on new approaches to international and transnational litigation. In October Stephan participated in a panel for international law weekend in New York City, organized by the American Branch of the International Law Association, on the constitutional issue left open by the Supreme Court’s decision in Zivotofsky v. Clinton. At a meeting in November of the International Economic Law Interest Group of the American Society of International Law, hosted by the George Washington University Law School, Stephan will be on a panel on the extension of permanent normal trade relations to Russia. He will also be presenting a paper on international lawmaking by domestic courts and international tribunals, and will give a talk at Seville University in Spain on the role of tax policy in addressing a financial crisis.

Over the past year, Versteeg collaborated with University of Oxford to host a series of workshops on the “Social and Political Foundations of Constitutions,” which culminated in an edited volume now forthcoming with Cambridge University Press (edited with Denis Galligan). Versteeg organized a conference hosted at the Law School this February on “ConstitutionMaking and the Arab Spring.” Versteeg also presented papers at the annual Conference for Empirical Legal Studies, the International Conference on Law and Society, the Southeastern Association of Law Schools, a workshop on constitutionmaking in authoritarian regimes at the University of Chicago Law School, the University of Texas School of Law’s Workshop on Law and Economics, the faculty workshop of IMT Lucca (Italy), the University of Wisconsin’s “Con Law Schmooze,” and the Heritage Foundation in Washington, D.C. This year, Versteeg is working on the issues involving the rise of populist movements around the world and how those movements utilize constitutions to advance their agendas. She is also working on a project addressing the relationship between international human rights law and comparative constitutional law. Together with Kevin Cope, Versteeg is exploring funding options for a new data project on constitutional interpretation (both judicial and administrative) around the world.

UVA LAwyer / Fall 2012 51

Faculty News and Briefs …

George Yin completed a draft article on the origins of the Joint Committee on Taxation, a Congressional committee whose staff has played a prominent role in the tax legislative process for over 85 years. The staff, which Yin headed from 2003-05 while on leave from the Law School, helps conceive, analyze, and evaluate many tax policy options for Congress, provides the official revenue estimates for all proposed tax changes, and assists with all of the legislative tasks necessary for enactment of a bill. The article shows how creation of the committee and its staff developed from a feud between James Couzens (a Republican Senator from Michigan) and Andrew Mellon (then Secretary of the Treasury), which led to an investigation of the tax agency by Couzens and a tax lawsuit (characterized by one newspaper as the “greatest tax suit in the history of the world”) filed against Couzens. The events—filled with political intrigue, backstabbing (real or imagined), and unintended consequences—antagonized Congress’s relationship with the executive branch, but improved cooperation between the House and Senate, and both were instrumental in the committee’s creation.

In February Ted White’s book, Law in American History: From the Colonial Years Through the Civil War was published (Oxford University Press). The Law School held a panel discussion of that book, featuring Tomiko Brown-Nagin, currently of the Harvard Law School faculty, Alfred S. Konefsky of the Buffalo Law School faculty, and John Witt of the Yale Law School faculty. Liz Magill ’95 served as moderator. In March and April White was the Legal Research Foundation Distinguished Visiting Scholar at the University of Auckland Law School in New Zealand. While

52 UVA Lawyer / Fall 2012

there he gave two public lectures and a staff seminar. The lectures were a comparison of the New Zealand and United States experience with no-fault insurance and a survey of the historical context of bicameralism in America. The

This fall Yin presented the draft to a tax symposium in New York City (jointly sponsored by the NYU and UCLA law schools) on “The Internal Revenue Code at 100;” and to a tax policy workshop at Boston College Law School. Yin presented an earlier draft at Duke Law School and to the UVA law faculty. Yin also presented a paper on “Legislative Gridlock and Nonpartisan Staff ” to a symposium at Notre Dame Law School this fall. His paper explores a proposal to reduce gridlock by using nonpartisan staff in Congress (as one way to diminish the role of the political parties in the legislature). He explains some of the theoretical and practical issues that would arise with such a change. Yin’s article, “Principles and Practices to Enhance Compliance and Enforcement of the Personal Income Tax,” was published in 2012 by the Virginia Tax Review. He presented a draft of the paper last year to a tax conference in China involving many representatives of the Chinese government. Finally, Yin will be participating in a conference early next year sponsored by the Asian Pacific American Law Students Association at the University of Pennsylvania Law School.

staff seminar was on “Pitfalls for Judicial Biography.” In September his article, “West Coast Hotel’s Place in American Constitutional History,” appeared in volume 122 of the Yale Law Journal Online. His book, American Legal History: A Very Short Introduction is scheduled to be published by Oxford University Press later this year or in early 2013. Next January White will be presenting a paper, “The Origins of Civil Rights in America,” at New York University Law School. Next April he will give a talk about his Law and American History volume at Case Western Reserve Law School.

In January Ethan Yale presented his paper “Defining ‘Partnership’ for Federal Tax Purposes” at Northwestern. In September he presented at a Harvard colloquium on tax law and policy his work in progress tentatively entitled “Taxing Market Discount on Distressed Debt.”

Class Notes We welcome submissions for inclusion in Class Notes. Online, submit them at www.law.virginia.edu/alumni; E-mail them to lawalum@virginia.edu; mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road, Charlottesville, VA 22903; or fax them to 434/296-4838. Please send your submissions by March 15 for inclusion in the next issue.

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and Happiness—was

liaison officer for counter-

ate at the time …” Helen received her own

a car, a house, and get

released. The e-book offers

intelligence operations.

acceptance letter to UVA Law while attending

married to Mary Miller.

synopses of the plays so

Seymour was a civic activ-

He was a regional JAG

producers and directors

ist and an avid sailor, and

open my acceptance letter from the law school

officer during the Korean

can efficiently select the

leaves behind his wife of

and began jumping up and down with joy. At

War, after which he joined

one that most interests

close to 68 years, Marion,

that time, most law schools were not accepting

May, Miller, and Parsons

them. Swacker grants

three children, and eight

women. … I couldn’t get behind the wheel of

in Richmond, Va., where

acting schools royalty-free

grandchildren.

my old Model T Ford and drive cross-country to

he became a partner and

production licenses to his

Charlottesville fast enough.”

completed his law career.

plays until their respective

University of California - Berkeley. “I ripped

Helen spent her career in public service. As her children so eloquently state, “It is not often

Donald C. Wells has retired

that one has the opportunity to follow their

after serving one year as a

passion, to have a career they enjoy waking

law clerk for the Maryland

copyrights expire.

1953

1950

Judge Lapsley W. Hamblen Jr. passed away

up to daily for over 60 years, and the chance

Court of Appeals in 1949

to make a profound difference. Our mother

and 55 years at his office in

Seymour R. Young passed

born in Chattanooga,

was fortunate to have had her life encompass

Old Town Alexandria, Va.,

away on October 11 in

Tenn., and served in the

these rare combinations, thanks in large part to

at 123 S. Royal Street. His

Alexandria, Va. Born in

U.S. Navy during World

UVA Law.”

brother, Richard E. Wells,

Mt. Vernon, N.Y., Young

War II. He was a partner

was in his graduating

attended the University

with Caskie, Frost, Hobbs &

class and was an attorney

as both an undergraduate

Hamblen in

on September 10. He was

UVA Lawyer / Fall 2012 53

Class notes …

Lynchburg, Va., where he

a Marine for two decades,

In October Sir Harry Ognall LL.M. ‘57

practiced for more than

retiring with the rank of

received the President’s Award at

25 years. He was a fellow in

lieutenant colonel.

the 2012 Yorkshire Lawyer Awards in

the American College of

Beezer practiced with

Leeds, England, for his distinguished

Tax Counsel and the

Schweppe, Doolittle,

contribution to the law. Ognall

American College of

Krug, Tausend & Beezer

became a member of the Queen’s

Probate Counsel and was

in Seattle until he was

Counsel in 1973 and a judge of the

co-director of the annual

appointed to the 9th

High Court in 1986, where he served

Virginia Conference on

Circuit Court of Appeals in

through 2000.

Federal Taxation at UVA. In

1984 by President Reagan.

1982 President Reagan

For nearly 30 years he

appointed him a judge of

served on the nation’s larg-

like many senior judges

four sons to law school

Grumman Corporation

the U.S. Tax Court for a

est federal appeals court,

on the 9th Circuit, he

is paying big dividends.

subsidiary. Gill was a

15-year term. He served as

hearing more than 10,000

continued to hear cases in

They both work with me in

45-year member of the

chief judge for four years,

cases. During that time he

the overwhelmed appeals

the law firm of Crowley &

Bethpage Credit Federal

retiring in 1996, and

wrote landmark decisions

court that serves nine

Crowley.” Noel opened his

Union Board of Trustees,

returned to perform

on capital punishment,

Western states and two

firm two decades ago in

the northeast’s largest

judicial duties as senior

digital media sharing, and

Pacific territories. As Judge

Morristown, N.J.

credit union. He is survived

judge until June 2000.

judicial authority.

Beezer’s eyesight began

Beezer influenced

to fail, he used a com-

by his wife of 47 years and

1959

three children.

judicial standards for deter-

puterized text-to-audio

mining sexual harassment

system to keep up with

by instituting a “reasonable

the reading necessary for

Thomas Gill passed away

is volunteering as a

Judge Robert Beezer

woman” test in place of

each case.

in Huntington, N.Y., in

court appointed special

died in Seattle on March

what he thought was a

June at the age of 78. Gill

advocate for children in

29 at the age of 83. After

male orientation in decid-

took three degrees from

the Hall-Dawson Counties,

the University of Virginia

Georgia, C.A.S.A. Program.

1956

graduating from UVA in

ing whether a reasonable

1951, he served in the

person would find certain

U.S. Marine Corps for two

behavior offensive.

years before entering the Law School. He served as

He retired from active judgeship in 1996, but

1957

Shant Harootunian

before moving to Long

Noel C. Crowley reports,

Island. He practiced as an

“The investment I made

attorney and in corporate

in sending two of my

development with a

1960

Last summer John Corse ’57 fell off a bulkhead and suffered a compression fracture of a vertebra and serious cuts to his left arm. That put a serious crimp in his swimming routine, but after four months in a body

T. Maxfield Bahner

brace, and with the okay from his neurosurgeon, he

recently chaired a

began to swim three times a week in preparation for

Tennessee Bar Association

competing in the Spring Nationals of the U.S. Masters

task force on judicial

Swimming Association in Greensboro, N.C. in April.

conduct. The 13-member

Corse and three friends, who, like him, had been on their varsity swim teams in the 1940s at their respective

group of attorneys and

colleges, broke the longstanding National 200-yard freestyle relay record by over 33 seconds, with a finishing time

judges recommended new

of 3:05:24. That equals finishing more than a length of the pool ahead of past record holders.

ethics rules for state

Corse also did very well in individual events in the 85–89 age group, placing first in the 50-yard freestyle, the 50-

judges, a number of which

yard breaststroke, the 100-yard breaststroke, the 200-yard breaststroke, and the 50-yard butterfly. He walked away

were adopted, including a

with seven medals in all. “Despite our advanced ages and many infirmities, through swimming and perseverance

new procedure for

we have been able to recuperate and become competitive again,” Corse says. “What a great sport for all ages!”

pursuing a judge’s recusal and a new process for

54 UVA Lawyer / Fall 2012

Class notes …

1958 Erratum Department: My report

By Ted Torrance,

his significant role in Loving v.

possibility of golf at Farmington

Corresponding Secretary

Virginia, the case in which the

Country Club on Saturday

on Michael Kaplan in the last

1955 Windward Way,

Supreme Court struck down

afternoon, will be forthcoming

issue of this magazine errone-

Vero Beach, FL 32963;

Virginia’s so-called miscegena-

from Fred.

ously referred to his status

e-mail: etorr@cox.net

tion laws. If any classmate

upon retirement as “counsel”

would like a copy of Arthur’s

John Merchant’s autobiogra-

to Horizon Blue Cross and

Personal complications

letter, please let me know. It’s

phy, A Journey Worth Taking,

Blue Shield of New Jersey. He

prevented your scribe from

very interesting.

which was in the midst of

was in fact at the time Deputy

printing late last winter, has

General Counsel. My apologies

summer on the class of 1958 for

Fred Goldstein, the inde-

now been published, and I

to Michael for the error (which,

contributions to this column.

fatigable nexus between our

am pleased to say that I am

to be fair to Michael, was

Nevertheless, a few items will

class and the Law School, has

the owner of a copy signed by

considered by him to be de

be of interest:

generously volunteered to take

the author himself. It makes

minimis, but I think he should

charge of the arrangements for

for very interesting reading,

have his due).

I received an entertaining and

our 55th (!) reunion in May. Fred

in particular those portions

informative letter from Arthur

reminds us that, as members

devoted to his years with us in

You will be hearing from me

making an all-court press this

Berney, a retired professor of

of the Lile Society, we are all

Charlottesville. Reflecting on

with a request for contributions

constitutional law (among

welcome at the traditional

those days of 50-plus years ago,

for the spring issue of UVA

other subjects) at Boston

Saturday evening (May 11)

it is, for me at any rate, difficult

Lawyer, but I urge you all not to

College Law School. Arthur

dinner for the 50th reunion

to believe that many of us were

wait until I contact you. Rather,

recounted the circuitous, not

class being introduced into

so blind to the singular difficul-

I would be delighted to receive

to mention serendipitous,

the society. Fred says that, in

ties John faced in securing his

and inventory any and all

route he followed in ending up

addition, plans are being made

law degree with us. The latest

letters and notes, pending their

at Boston College, but all too

for a gathering of our class for

word I had from John was that

publication for the interest of

little mention was made of his

drinks and dinner on Friday

copies of his book are available

our classmates.

outstanding career as a teacher.

evening, May 10. More details

through him at a discount

He did take pride, however, in

on our reunion, including the

price. I recommend it.

seeking expedited appeal

the litigation section. He

the bench, received two

Professionalism Award for

largest, for ten years, as

if a motion for recusal is

focuses his practice mainly

awards at the annual

outstanding contributions

well as president of the

denied. Judges will now

in complex litigation.

meeting of the Alabama

in advancing the profes-

state’s Circuit Judges Asso-

be required to provide in

Bar Association. He

sionalism of the legal

ciation in 2011–12. He has

writing the grounds for

received the Al Vreeland

profession in Alabama.

also received the Alabama

Award from the Volunteer

The award program reads,

State Bar’s Judicial Award

recusal. Where recusal is

Lawyers Program for his

“He is known for his ability

of Merit (2005) and the

granted, the rule describes

contributions to the

to manage and diffuse

Judge Drayton N. James

the procedure for

Birmingham Bar Associa-

difficult situations. His

Award from the Young

designating a new judge

tion’s access to justice

reputation in the Birming-

Lawyer’s section of the

for the case. The revised

initiative. His efforts

ham legal community as

Birmingham Bar Associa-

code of conduct was

directly contributed to the

a fair judge and dedicated

tion (2000 and 2006).

adopted in January and

substantial growth of the

public servant transcends

finalized in June.

program, from 300 cases in

political affiliations and

2009 to more than 1,000

professional networks.”

denying any motion for

1961

Bahner is senior counsel at Chambliss, Bahner, and

The Honorable John Scott

Stophel in Chattanooga,

Vowell, who is retiring in

where he is a member of

January after 18 years on

in 2011. Judge Vowell also received the Chief Justice’s

Vowell has served as

The Honorable Ronnie

A. Yoder spoke to the Interfaith Conference of

presiding judge of the 10th

Metropolitan Washington

Judicial Circuit, Alabama’s

on “The Need for Civility

UVA Lawyer / Fall 2012 55

Class notes …

1966

in American Life,” at the

3,500 and recently won

established by the Virginia

American University

an award from LexisNexis

State Bar section on the

School for International

as one of the top 25

education of lawyers in

Guy O. Farmer II was

Service, Washington,

international blogs on the

Virginia. The award

recently appointed to

D.C., on June 14. Judge

Internet.

recognizes exceptional

serve as the co-chair of the

leadership in developing

American Bar Association’s

Yoder urged the faith

and local government law, governmental relations, and civil litigation.

1967

communities represented

G. Marshall Mundy is

and implementing

liaison subcommittee for

to recognize a common

listed in Best Lawyers 2012,

innovative ways to improve

labor & employment law,

philosophical center

as he has been since 1987.

legal education and

as well as a member of

for all world religions,

He is also listed in Virginia

promote relationships and

the executive committee

noting his scholarship

Super Lawyers 2012 in the

professionalism among the

of the Florida Bar’s labor

for students at Virginia

areas of personal injury

academy, the bench, and

& employment section.

Theological Seminary, “to

plaintiff: medical malprac-

the bar in Virginia. Rakes

He has been recognized

advance the study of love

tice, personal injury; and

received the award on April

in Chambers USA 2012

J. Rudy Austin is listed in

as an appropriate center

plaintiff: general. He is

22 at the 20th Anniversary

and Florida Super Lawyers

Virginia Super Lawyers 2012

of Christian theology, life,

with Mundy & Rogers

Conclave on the Education

2012 in the area of labor

in the area of construction

preaching, and practice,

in Roanoke, where he

of Lawyers in Virginia in

and employment and se-

litigation. He is a partner

and an ecumenical theme

focuses his practice in the

Charlottesville. He

lected for inclusion in Best

with Gentry Locke Rakes &

unifying all of humankind’s

areas of personal injury,

developed the idea of the

Lawyers 2013 in employ-

Moore in Roanoke.

religions,” as urged in his

medical malpractice, and

legal education conclave,

ment law-management;

commencement address

wrongful death.

which led to the first such

labor law-management;

Lucius H. Bracey, Jr. is

gathering in Wintergreen

and litigation-labor &

listed in Virginia Super

at Goshen College in 2010.

in 1992.

His speech is available

Ronald Sokol published

employment. He is a

Lawyers 2012 in the area

on YouTube at http://bit.

the following op-eds in the

Rakes was selected for

shareholder in the labor

of estate planning &

ly/Q8SMYx. In July Judge

International Herald Tribune,

inclusion in Virginia Super

and employment group

probate. His is counsel

Yoder was named to the

the New York Times, or both:

Lawyers 2012 in the area

with GrayRobinson in

with McGuireWoods in

board of directors of the

“Guilt by Birth,” January 15,

of business litigation.

Jacksonville.

Charlottesville, where he

IFCMW.

2010; “Veiled Arguments,”

He is managing partner

focuses his practice on

July 15, 2010; “Two New

of Gentry Locke Rakes &

wealth transfers, estate

French Crimes,” April 1,

Moore in Roanoke.

planning, estate and

1962

We are All Americans,”

James Apple founded

trust administration, and

2011; and “For Tax Purposes, October 6, 2011.

related tax areas.

1964

the International Judicial Academy in Washington,

William Cumming W. Thomas Grimm teaches

continues to operate a

courses on American

think tank in the fields

of 2012, the academy will

government and an intro-

of homeland security,

have trained more than

duction to political science

William M. Slaughter has

emergency management,

4,000 judges, court officers,

at his local community

been selected for inclusion

and crisis management

and ministry of justice

college. “I love it,” he writes.

in Alabama Super Lawyers

and communications,

officials from countries

He was voted adjunct

2012 in the area of bonds/

with special interest in the

around the world. Its Web

professor of the year for

government finance and

civil-military interface in

site is www.ijaworld.org.

2011 for the Hillsborough

in Best Lawyers 2013 in

our democracy (Republic)

Apple also co-founded

Community College

government relations

and the integration of

D.C., in 1999. By the end

1963

the International Judicial

William R. Rakes became

System. “See what a UVA

practice and public finance

technical and scientific

Monitor, an online

the first recipient of an

Law degree does for you!”

law. He is a founding

and legal knowledge into

magazine for judges, court

award created and named

He continues conducting

member of Haskell Slaughter

crisis decision-making.

officers, and rule of law

in his honor, the William R.

Florida court-appointed

in Birmingham, where he

officers around the world.

Rakes Leadership in

mediations and real estate

concentrates his practice

Gene Dahmen is listed in

It has a circulation of over

Education Award

development consulting.

on public finance, state

Best Lawyers 2013 in family

56 UVA Lawyer / Fall 2012

Class notes …

law. She is senior counsel

Jewish Council for Public

South Africa, China,

on corporate and

with Verrill Dana in Boston,

Affairs. He previously

Sweden, and the length of

securities matters.

Mass., where her practice

served as a vice-chair of

the Pyrenees.

includes a broad range

the executive committee

Delaware Chief Justice

of family law matters. Her

and as a member of the

Myron T. Steele has been

particular focus is on cases

board of directors. Gold is

named president of the

involving complex busi-

a shareholder with Carlton

Thomas G. Slater Jr.

Conference of Chief

ness and financial issues.

Fields in Atlanta, Ga.,

received the Virginia

Justices, which promotes

where he handles

Military Institute

the effectiveness of

Bob Ivey is an active

corporate matters for both

Foundation’s

state judicial systems by

mediator in Los Angeles,

public and private

Distinguished Service

developing policies and

Calif., resolving business

businesses. He has

Award in May for his

educational programs that

and construction disputes,

significant experience in

Donald Zachary was

dedication to VMI and to

improve court operations.

primarily in litigated cases.

mergers and acquisitions,

chosen by the Greater Los

the Foundation. Slater’s

The CCJ is the main

He is regularly listed in Best

arranging corporate

Angeles chapter of the

family has a long VMI

representative of state

Lawyers in construction

financing, and advising

Society of Professional

tradition: An ancestor

courts before Congress

law/commercial litiga-

businesses on succession

Journalists to receive their

graduated in 1859 and was

and federal agencies.

tion, and his firm, Ivey

strategies and strategic

Freedom of Information

killed in action in the Civil

Steele was also named

Mediation, is included in

investments.

Award for 2012. The award

War. Slater’s father

chair of the board of

the “Best Law Firms” listing

was presented on May 8.

graduated in 1932, and his

directors of the National

for construction law and

Earlier in the year, at their

son, Tom Slater III, in 1990.

Center for State Courts, an

litigation-construction. See

annual Golden Mike

Slater is a partner with

organization that provides

www.IveyMediation.com.

Awards banquet, the Radio

Hunton & Williams in

leadership and service to

& Television News

Richmond, where he

the state courts. Both posi-

William H. May has been

Association of Southern

heads the litigation, labor,

tions are one-year terms.

elected vice president of

California recognized him

and competition practices.

In addition he teaches

the San Diego Zoo. He

as a person “making a

His practice focuses on

a course on advising a

also serves as secretary

difference in broadcast

complex litigation matters.

board of directors in a

of the Arnold and Mabel

journalism” in recognition

mergers and acquisitions world at the University of

Beckman Foundation,

Thomas N. Henderson III is

of his years of service to

which awards grants to

listed in Florida Super

association and the

nonprofit research institu-

Lawyers 2012 and the 2012

broadcast community.

Pepperdine Law School,

tions to promote research

Florida Super Lawyers

Zachary has an intellectual

and UVA Law.

in chemistry and the life

Business Edition. He is a

property practice in

sciences.

founding shareholder with

Glendale, Calif.

1970

1971

Hill Ward Henderson in

1968

Tampa, where he is vice-chairman of the firm

1969

and practices in the real estate group.

Pennsylvania Law School,

Timothy E. Hoberg is listed Gordon E. Schreck is listed

among “Leaders in Their

in South Carolina Super

Field” in corporate mergers

Sean Overend retired as

Lawyers 2012 in trans-

& acquisitions in Chambers

a circuit judge based in

portation and maritime

USA 2012. He was also

Devon, United Kingdom

law. Schreck heads the

recognized in Ohio Super

in 2006. He now divides

admiralty and maritime

Lawyers 2012 in securities

Thomas Bottini will lead

his time between England

practice group at Womble

and corporate finance. He

Armstrong Teasdale’s

and South Africa, pursuing

Carlyle in Charleston.

is of counsel with Taft

expansion of its intellec-

Lawrence M. Gold has

his interests in chamber

Stettinius & Hollister in

tual property, dispute

been elected as the

music (viola) and cycling.

Cincinnati, where he

resolution, and transac-

national chair of the

Last year he cycled in

concentrates his practice

tional and franchising

UVA Lawyer / Fall 2012 57

Class notes …

services in Asia. A partner

the Uniform Deployed

Fla., on May 19. Father Tim

Fredrick R. Tulley is listed

on November 3 in Atlanta,

in the firm, Bottini is the

Parent Custody and

is presently serving as the

in Best Lawyers 2013 in the

Ga. He is a member in the

chief representative of

Visitation Act. He spoke

parochial vicar at Our Lady

area of commercial litiga-

labor and practice group

Armstrong Teasdale’s

on military divorce issues

of Lourdes Church, in

tion; litigation–banking

with Eckert Seamans in

office in Shanghai, China,

in March at George Mason

Dunedin, Fla. He retired as

& finance; and litigation–

Philadelphia, Pa., where

and continues to serve his

Law School, and in April at

a United States bankruptcy

bankruptcy and was

he represents employers

U.S.-based clients. He led

the Naval Justice School.

judge for the Middle

designated “Lawyer of the

in all aspects of employee

the creation of the firm’s

District of Florida in 2003

Year 2012” in litigation

relations.

China practice in 1994 and

and received his masters

and bankruptcy in Best

of divinity degree at

Lawyers. He was listed

was chief representative in

1972

Blessed John XXIII National

in Chambers USA 2012 in

Robert C. Gang is listed

Seminary in Weston, Mass.,

litigation: securities. He is a

in Best Lawyers 2013 in

just before his ordination.

the Shanghai office from 2001–03.

1975

partner with Taylor Porter

Tina Swent Byrd is a trial

the area of public finance

in Baton Rouge, La., where

court judge in Los Angeles,

law and was recognized

he focuses his practice in

Calif. Her daughter will be

as Miami’s “Lawyer of the

the areas of commercial

graduating from the Law

Year” for 2013 in public

litigation, securities

School as a member of the

finance law. He was also

litigation, professional

Class of 2013. Mark Evens’

listed in Chambers USA

malpractice, construction,

son is in the same class.

2012. He is a shareholder

antitrust, RICO, commercial

“It has been fun to re-live

with Greenberg Traurig,

bankruptcy, and insurance

law school but without

Carol Duane Olson has

where his areas of

insolvency.

any exams or other stress!,”

been elected chair of the

concentration are public

board of directors of Dress

finance, education, special

G. Frank Flippen is listed in

for Success in Cincinnati,

taxing districts, general

Virginia Super Lawyers 2012

Ohio. She will serve a

municipal, and utilities.

in the area of business and

writes Tina.

1974

William C. Cleveland III is listed in South Carolina

two-year term. Dress for

corporate law. He is a

Douglas M. Branson is

Super Lawyers 2012 in the

Success provides business

partner with Gentry Locke

the W. Edward Sell Chair

area of business litigation.

Rakes & Moore in Roanoke.

in Law at the University

He is with Womble Carlyle

of Pittsburgh, where he

in Charleston, where he

clothing to disadvantaged

1973

women entering the workforce, as well as other

Franklin L. Carroll III

Marschall Smith was

teaches business organiza-

concentrates his practice

related services, including

retired in 2005 after 30

appointed senior vice

tions, corporate finance,

in the areas of business

career counseling,

years practicing law,

president, general counsel,

corporate governance, and

break-up, commercial,

financial literacy educa-

almost all of those as a

and secretary of Archer

securities regulation. He

securities, and intellectual

tion, assistance with job

prosecutor. From 1973–79

Daniels Midland in July.

recently published a book,

property litigation.

searches, and help with

he practiced in New York

ADM, headquartered in

Three Tastes of Nuoc Mam,

resume writing and

City and from 1980 to 2005

Decatur, Ill., is one of the

about his combat experi-

interview preparation.

in Orange County, Calif.

largest agricultural proces-

ence in the Vietnam war

Olson is a partner with

sors in the world. Smith

and trips he’s taken there

Peck Shaffer, where she

was previously with 3M

since then as a tourist and

chairs the tax and financial

Company, where he was

consultant (see In Print).

analysis department. She

senior vice president, legal

focuses her practice on tax

affairs, and general coun-

John E. Quinn was recently

law and municipal bonds.

sel. He led the legal affairs

elected a fellow of the

team and was responsible

College of Labor and

W. Stuart Dornette has

for government affairs and

Employment Lawyers.

been named among

Mark E. Sullivan recently completed a two-year

C. Timothy Corcoran III

ethics and environmental

He was installed at the

“Leaders in Their Field” in

term on the Uniform Law

was ordained a Roman

matters.

American Bar Association’s

Chambers USA 2012 in

Commission, sitting on a

Catholic priest for the

labor and employment

litigation: general

committee that drafted

Diocese of St. Petersburg,

section’s CLE conference

commercial. He was

58 UVA Lawyer / Fall 2012

Class notes …

1977

named Cincinnati Lawyer

dozen performances of

Henry B. Smythe Jr. is

of the Year in litigation-

symphony, chamber, and

listed in South Carolina

ible, humbling, miraculous

municipal in Best Lawyers

choral music, ballet, jazz,

Super Lawyers 2012 in the

story of Matt’s survival

2012 and was recognized

and visual arts, in addition

area of business litigation.

and recovery. You’ll find

in Ohio Super Lawyers 2012

to promotional concerts

He practices with Womble

the book on Amazon, at

in business litigation. He is

and events throughout

Carlyle in Charleston.

Barnes and Noble, and at

Vitez delivers the incred-

a partner with Taft

the year. The 2011 festival

Stettinius & Hollister,

was book-ended by two of

Susan M. Smythe is listed

where he is co-chair of the

the world’s top violinists,

in South Carolina Super

litigation department.

Hilary Hahn and Joshua

Lawyers 2012 in the area of

Stephen W. Earp received

After practicing law for 25 years in Washington, D.C.,

the author’s site: http:// michaelvitez.com.

Bell. Dan has also joined

real estate. She practices

recognition in Chambers

the board of Concert: Nova

with Womble Carlyle in

USA 2012 in the area of

Carol Rhees has spent the

(www.concertnova.com),

Charleston.

environmental law. He was

past ten years teaching

also listed in Best Lawyers

high school history part-time and running a

which presents unusual classical music in offbeat

John Paul Trouche is listed

2013 in environmental law

venues, such as old movie

in Best Lawyers 2013 in

and environmental

small non-profit, Hope for

theaters. A recent concert

public finance law. He was

litigation. He is with Smith

Children U.S., that works

presented the classical

named Charleston Public

Moore Leatherwood in

with AIDS orphans in

compositions of Frank

Finance Law Lawyer of the

Greensboro, N.C., where

Ethiopia. To learn more,

Don P. Martin was named

Zappa, and an upcoming

Year in Best Lawyers 2012.

he advises companies in

see www.hopeforchildre-

in Chambers USA 2012 in

performance will present

He is a shareholder with

mergers and acquisitions,

nus.org.

the area of litigation:

the tango opera, Maria

Haynsworth Sinkler Boyd

contracts, and corporate

general commercial and

de Buenos Aires, by Astor

in Charleston, S.C., where

governance. He also

Mike Ross taught a two-

was selected for inclusion

Piazzolla.

he focuses his practice on

handles complex

week seminar in business

in Southwest Super Lawyers

bond issues, underwriting,

environmental litigation

ethics at Dubrovnik

2012 in the area of

and innovative financing

and regulatory matters.

International University in

business litigation. He is a

alternatives.

partner with Quarles &

April, a two-week seminar

Michael Miller writes that

on legal ethics at Peking

Brady in Phoenix, Ariz.,

Donald C. Wright is listed

his son, Matt Miller, is the

University’s School of

where he focuses on

in Florida Super Lawyers

subject of a new book

Transnational Law in May,

commercial litigation,

2012 in the area of estate

entitled The Road Back: A

and another, “Managing

including professional

planning & probate and

Journey of Grace and Grit.

Legal Risk in Business,”

liability, real estate, and

Ann Margaret Pointer is

Best Lawyers 2012 in trusts

From the author’s website,

at the IE Law School in

securities litigation and

listed in Georgia Super

and estates. He is a share-

“Matt had just pedaled

Madrid in June.

administrative hearings.

Lawyers 2012 in the area of

holder with Rogers Towers

up a mountain pass. He

He is the national chair of

employment litigation and

in Jacksonville, where he

was 20, a member of

the firm’s lender liability

Chambers USA 2012 in

heads the probate and

the University of Virginia

task force.

labor and employment.

estate planning section

triathlon club, so fit his

She is a partner with Fisher

of the business and tax

resting pulse was 42! He

Mark Duvall notes that at

& Phillips in Atlanta.

department.

was on top of the world

his last class reunion he

in so many ways, in love,

was considering leaving

Donald J. Shuller is listed

with dreams of attending

an in-house position for

Daniel J. Hoffheimer

in Best Lawyers 2013 in real

medical school. And

a law firm, the opposite

is chair of the board

estate law. He is a partner

then, cycling along the

direction that many in his

of Constella Festival

with Vorys, Sater, Seymour

Blue Ridge Parkway in

class would like to head.

of Music and Fine Arts

and Pease in Columbus,

Virginia, tragedy struck.

“It has worked out well

(www.constellafestival.

Ohio, where he is a mem-

The real story is not what

for me at Beveridge &

org). Constella produces

ber of the commercial and

happened, but what hap-

Diamond in Washington,

a festival each October

real estate group.

pened after.” Pulitzer Prize

D.C.” he writes. Duvall is

winning journalist Michael

a principal, focusing his

1976

featuring more than a

1978

UVA Lawyer / Fall 2012 59

Class notes …

practice on occupational

Top Lawyers in Columbus,

& Knight, where he

as counsel to numerous

associate general counsel

safety and health and

Ohio, in 2012 by Columbus

concentrates his practice

public charities and

for Gannett Company, Wall

product regulation at

CEO. She is a partner with

in business litigation,

private foundations.

has “tirelessly led legal

the federal, state, and

Vorys, Sater, Seymour

with particular emphasis

challenges that protect

international levels across

and Pease and a member

in matters involving

the First Amendment

a wide range of programs.

of the litigation practice

education, employment,

rights for all journalists.”

He also co-chairs the

group.

professional liability,

She has been credited

intellectual property, and

with helping “quash” more

unfair competition.

than 1,000 subpoenas

chemicals, products, and nanotechnology practice

George L. Mahoney has

group.

been elected president and chief executive officer

of reporters, successfully defending more than 500

1979

libel suits, and guiding

Michael Haggerty is listed

of Media General, Inc.,

in Best Lawyers 2013 in the

effective January 1. In the

Ely A. Leichtling was

hundreds of information

area of real estate law. He

interim he serves as vice

recognized in Chambers

access suits.

is a partner and co-head of

president and chief op-

USA 2012 in the area of

the Jackson Walker finance

erating officer. He joined

labor & employment. He is

practice group in Dallas,

Media General in 1993

a partner with Quarles &

Tex., where he represents

as general counsel and

Brady in Milwaukee, Wisc.,

financial institutions

corporate secretary and

with an employment and

John F. Brenner is

including banks, credit and

was elected a corporate

labor law practice

included on the New

insurance companies, and

vice president in 2006. His

Jerry W. Cox has been

representing

York-Metro Super Lawyers

other entities in real estate,

most recent position, held

elected trustee of the

management.

2012 list. He is a partner in

commercial, and corporate

since October of last year,

Woodrow Wilson

lending transactions.

has been vice president–

Presidential Library and

David B. McCormack is

practice group with

growth and performance.

Museum in Staunton, Va.

listed among the Top

Pepper Hamilton and is

Peter S. Kaufman

Media General’s corporate

He is an attorney and

10 Attorneys in South

resident in the Princeton,

was named Boutique

headquarters is in

public affairs advisor in

Carolina Super Lawyers

N.J., and New York City

Restructuring Investment

Richmond, Va.

Washington, D.C.

2012 in the area of labor

offices. He focuses his

Banker of the Year at the

& employment. He was

practice on the defense

Global M & A Network’s

George N. Meros Jr. is

Michael Kuhn is listed in

also honored in Chambers

of complex products

Turnaround Atlas Awards

listed in Florida Super

Best Lawyers 2013 in the

USA 2012 in this area.

liability and mass tort

in June. He is president

Lawyers 2012 in the area

area of real estate law. He

Best Lawyers 2012 named

cases against pharmaceu-

and head of restructuring

of civil litigation defense.

is a partner with Jackson

him Employment Law

tical and medical device

and distressed M & A

He is with GrayRobinson

Walker in Houston, Tex.,

Management Lawyer

manufacturers.

1980

the health effects litigation

with The Gordian Group,

in Tallahassee, where

where he focuses his

of the Year. He is in the

an investment bank

he focuses his practice

practice on commercial

Charleston office of

Martha Ellett’s husband,

in New York City that

on matters involving

real estate with particular

Womble Carlyle, where he

William A. Ragland, died

provides financial advisory

regulatory compliance,

emphasis on office and

focuses his practice on em-

on July 20, in Alexandria,

services in distressed and

complex civil litigation,

retail leasing within the

ployment law, alternative

Va., after a brief illness.

complicated situations.

and government affairs.

real estate group.

dispute resolution, and

He retired several years

business litigation.

ago from work in the

Turnarounds & Workouts recently named The Gordian

James D. Smeallie took

David L. Kyger is listed

Group an outstanding

office as president of the

in Best Lawyers 2013 in

Barbara Wartelle Wall

tion, and public affairs

investment banking firm

Boston Bar Association

non-profit and charities

was honored at the

offices of the Interstate

for the fifth straight year.

for a one-year term on

law and tax law. He is with

Reporter’s Committee

Commerce Commission,

September 1. He is listed

Smith Moore Leatherwood

for the Freedom of the

the Resolution Trust

Laura G. Kuykendall is

in Best Lawyers 2013 in

in Greensboro, N.C., where

Press Annual Dinner

Corporation, and the

listed in Best Lawyers 2013

education and com-

he focuses his practice on

with a 2012 First

Federal Deposit Insurance

in antitrust law. She also

mercial litigation. He is

non-profit and tax-exempt

Amendment Award. As

Corporation. They were

was named among the

a partner with Holland

organizations and serves

vice president and senior

married in 1994.

60 UVA Lawyer / Fall 2012

research, administra-

Class notes …

Mary Gayle (Ashley) Holden ‘80 writes that a

president and chief

few years ago, her husband asked her what

executive officer of the

she wanted to do for their 25th wedding

strategic public relations

anniversary. Expecting her to say a cruise,

firm Burson-Marsteller,

he was shocked when she told him that she

which has 73 offices

wanted to go to the top of Africa, but he

worldwide. Baer will be

agreed. After lots of hiking in preparation,

based in Washington,

on February 1 last year they made it to the

D.C. He joined Burson-

Charles D. Fox IV was listed

top of Africa—Mt. Kilimanjaro. “UVA Law was

Marsteller in 2008, serving

in Virginia Super Lawyers

with me all the way to the top!” she writes.

as vice chairman and chief

2012 in estate planning &

“Next on our list—Machu Picchu!”

strategy officer while

probate and was named a

leading major engage-

Leading Lawyer in

ments with companies in

Chambers USA 2012 for his

communications, media, and technology. He has

work in wealth management. He is a

probate, planned giving,

group with Ballard Spahr

Association and the Dallas

also been chairman

partner in the tax and

and nonprofit

in Baltimore. He represents

Bar Foundation since 1999

of Burson-Marsteller’s

employee benefits

organizations.

financing transactions in

and 2007, respectively.

research firm, Penn

department with

affordable housing and

He is with Locke Lord,

Schoen Berland, a role

McGuireWoods in

has considerable experi-

where his practice

he will maintain. Before

Charlottesville, where his

ence in the areas of public

focuses on administrative,

joining Burson-Marsteller,

practice focuses on estate

finance and economic

transportation, real estate,

Baer was senior executive

planning, estate and trust

development.

and finance law. He is

vice president for strategy

administration, and work

also a member of the

and development and

with charitable

firm’s administrative and

an executive committee

organizations.

regulatory, public law,

member at Discovery

governmental and public

Communications, home

Norman E. Parker, Jr. has

affairs, and real estate and

of the Discovery Channel

been elected chair of the

finance practices.

and other major media platforms. He also served

board of directors of the

Benton D. Williamson

as a senior White House

Program in Israel. The

W. David Paxton is listed in

is listed in Best Lawyers

advisor to President Bill

program prepares teens

Virginia Super Lawyers 2012

2013 in real estate law.

Clinton, White House di-

from Maryland’s 7th

in the area of employment

He is a shareholder with

rector of communications

Elijah Cummings Youth

Congressional District to

& labor. He is a partner

Haynsworth Sinkler Boyd

and strategic planning,

Leonard C. Martin has

serve as open-minded

with Gentry Locke Rakes &

in Columbia, S.C., where

and chief speechwriter/

been appointed state chair

leaders through community

Moore in Roanoke.

his practice includes

director of speechwriting

of Mississippi for the

service, leadership

commercial and lending

and research.

American College of Trust

workshops, and a month-

Frank E. Stevenson has

transactions, corporate

and Estate Counsel. His

long residence in Israel. The

been elected chair of

and business, project

W. David Harless was

chair appointment is a

program promotes

the State Bar of Texas

finance and commercial

sworn in as president of

one-year term with

understanding and positive

board of directors. His

lending, and real

the Virginia State Bar for

presumptive appoint-

interaction among ethnic

chairmanship took effect

estate and commercial

the 2012–13 term on June

ments for a total of five

communities and fosters

in June. Stevenson served

development.

15 at the annual meeting

years. Martin is a share-

civic involvement.

as president of the Dallas

in Virginia Beach. He has

Bar Association in 2008

chaired the bench-bar

holder with Baker

Parker is of counsel in

1981

Donelson in Jackson,

the public finance depart-

and has been on the State

where he focuses his

ment and a member of

Bar’s board of directors

practice in the areas of

the housing group and

since 2010 and on the

Donald A. Baer has

budget and finance com-

taxation, trusts and

transactional finance

boards of the Dallas Bar

been named worldwide

mittee, and as a member

relations committee, served as a member of the

UVA Lawyer / Fall 2012 61

Class notes …

Following his installation as Virginia State Bar President, W. David Harless ‘81was surrounded by bow-tied UVA classmates (from left): Matthew L. Jacobs, John A. Anderson, Michael Urbanski, William R. Van Buren III, T. Mark Flanagan Jr., Terence Murphy, and Steve Pearson.

failures, and other viola-

than 30 state and local

tions relating to subprime

bar associations and law

residential mortgage-

schools.

backed securitizations. The fine imposed was $3.5

Kevin M. Doyle ac-

million. He also worked on

cepted the Norman

other settlements relating

Redlich Capital Defense

to subprime mortgage vio-

Distinguished Service

lations reached by FINRA

Award, presented by

Boyer’s 2003 biography,

the New York City Bar

Sir Edward Coke and the

Association in July. After

Elizabethan Age, sold

more than five years de-

out its first edition and

fending death row inmates

of the task force that

member of the energy and

is now in paperback.

and capital defendants in

established the diversity

natural resources

He continues to work

Alabama, Kevin founded

conference. He is a fellow

development group with

on volume two, which

and headed New York

of the American College

Babst Calland.

he writes mainly while

State’s Capital Defender

commuting on the Staten

Office. Through its trial and

of Trial Lawyers and the Virginia Law Foundation

1982

and is a member of

Island ferry. He lives on the

appellate advocacy, the

North Shore of the island

Capital Defender Office

the Lewis F. Powell Jr.

Michael S. Hooker has

with his wife, Kathleen,

brought an end to New

American Inn of Court, the

joined Phelps Dunbar as

In July 2011 Alma

and sons Declan (17) and

York’s death penalty.

Virginia Bar Association,

partner in the commercial

Angotti joined Navigant

Thomas (9).

and its Boyd-Graves

litigation practice in

Consulting’s Global

Conference, the Virginia

Tampa, Fla. He was

Investigations and

James P. Cooney III was

listed as one of the Top

Trial Lawyers Association,

previously a name

Compliance Practice

recently named practice

25 Attorneys in South

and the Bar Association of

shareholder at Glenn

as a director in the

group leader of the

Carolina in 2012 South

the City of Richmond. He

Rasmussen Fogarty &

Washington, D.C., office.

business litigation practice

Carolina Super Lawyers. He

has lectured on a range

Hooker.

She is a widely recognized

for Womble Carlyle

is with Womble Carlyle in

of business, employment,

anti–money laundering

Sandridge & Rice. The

Charleston, where he leads

and products liability

expert.

group encompasses all

the construction practice

areas of business litigation

group.

litigation subjects and

Allen Gibson is

has taught in the National

Allen D. Boyer is senior

including governmental

Trial Advocacy College at

appellate counsel with

investigations and white-

the Law School. Harless

the Department of

collar criminal defense.

is with Christian & Barton

Enforcement of the

Cooney is a fellow in the

in Richmond, where

Financial Industry

American College of Trial

he is a partner in the

Regulatory Authority

Lawyers and a permanent

litigation department and

Blaine A. Lucas is listed in

(FINRA), and previ-

member of the Fourth

leads the employment

Pennsylvania Super Lawyers

ously held the same

Circuit Judicial Conference.

practice group. He is also a

2012 as one of the top

position at the Division of

He has been named to

member of the executive

lawyers in Pennsylvania in

Enforcement of the New

Best Lawyers since 2000,

Charles F. Hudson is listed

committee.

the area of land use and

York Stock Exchange. He

was recently named as the

in Best Lawyers 2012 in the

zoning. He was also listed

worked on a settlement

“Bet-Your-Company” Best

area of eminent domain

as one of the Top 50

reached by FINRA with the

Lawyer for North Carolina,

and condemnation. He

lawyers in Pittsburgh Super

broker-dealer Citigroup

and has consistently been

was also named in Oregon

Lawyers 2012. He is a

Global Markets, Inc. for

named as one of the top

Super Lawyers 2012 in the

shareholder and chairman

providing inaccurate

criminal and civil lawyers

area of business litigation.

of the public sector

mortgage performance

in the state. He has given

He is a shareholder with

services group and a

information, supervisory

invited lectures to more

Lane Powell in Portland,

62 UVA Lawyer / Fall 2012

Class notes …

where he represents

broad range of business-

and raise a family. He and

Father’s Reflections and

Committee of the

individual and corporate

related litigation, including

Jane travel to Massachu-

Letters to His Daughter

American College of Trial

clients in a broad range of

antitrust litigation and

setts regularly to visit his

on Life, Love and Hope,

Lawyers. He is president

commercial litigation and

counseling, complex and

family and to open and

was published this fall by

and shareholder with

alternative dispute

class action litigation, and

close their beach house

Imbue Press, an imprint of

Campbell, Campbell,

resolution, including real

securities litigation.

on Cape Cod. He patiently

Morgan James Publishing.

Edwards & Conroy

He was listed in Best

awaits the third Red Sox

(See In Print.) The book was

in Boston, where he

securities, and eminent

Lawyers 2012 in the areas

World Series champion-

borne of Don’s search for

focuses his practice on civil

domain matters.

of litigation, commercial

ship of his lifetime.

understanding in the midst

litigation and the defense

of his now 24-year-old

of catastrophic product

estate, administrative law,

litigation, eminent domain

Charles J. Johnson has

and condemnation,

Julie A. Petruzzelli joined

daughter’s life-and-death

liability, toxic tort, medical

been recognized in The

litigation-antitrust, and

Baker & McKenzie as a

struggle with anorexia.

device, pharmaceutical,

Legal 500 as a leading

litigation-securities; was

partner in the intellectual

Don is a partner at Seipp

professional liability, and

lawyer for middle-market

Charlotte Bet-the Com-

property practice group

& Flick in Miami, where he

negligence matters.

mergers and acquisi-

pany Litigation Lawyer

in Washington, D.C.

specializes in product liabil-

tions and private equity

of the Year for 2012; and

She has developed and

ity defense. This year also

by Chambers USA 2012

buyouts. He is a partner

Charlotte Litigation-Secu-

implemented IP strategies

marks the year that Don

in products liability &

with Choate Hall & Stewart

rities Lawyer of the Year

for both large and small

had his 5th peer-reviewed

mass torts nationwide

in Boston, Mass., where

2012. He was recognized

corporations and in recent

feature article published

and as a “star individual”

he focuses his practice

as a Top 10 North Carolina

years has represented a

in The Florida Bar Journal,

in products liability:

on mergers and acquisi-

Super Lawyer 2012 in busi-

number of companies in

“Mandatory Injunctions—

automotive. The Legal 500

tions, private equity, and

ness litigation; listed in

Asia, especially Japan. She

The Forgotten Art of

named him one of eight

corporate finance.

Chambers USA 2012 in

was recently recognized as

Putting the Horse Back in

leading lawyers nation-

litigation and antitrust;

the 2012 Washington, D.C.

the Proverbial Barn” (May,

wide for 2012. He is listed

and noted as the state’s

Technology Law Lawyer of

2012).

in Best Lawyers 2012 and

leading litigation attorney

the Year by Best Lawyers.

in antitrust, class actions,

She was previously a

Mark A. Bradley received

litigation–defendants,

and securities in Bench-

partner with Venable.

a 2012 Attorney General’s

and Massachusetts Super

Award for his work in

Lawyers 2012 in the areas

James S. Ryan III has been

the U.S. Department

of personal injury defense:

Thomas Nolan remains

selected for inclusion in

of Justice’s National

products; personal

a sole practitioner in

Best Lawyers 2013 in the

Security Division. Bradley

injury defense: general;

Mark W. Merritt received

Charlottesville. His law

area of corporate law and

is a member of the

and professional liability:

the 2012 H. Brent

firm, Virginia Wills, Trusts

mergers & acquisitions

federal government’s

defense.

McKnight Renaissance

& Estates (www.vawills.

law. He is a partner with

Senior Executive Service.

Lawyer Award given by

com), focuses on estate

Jackson Walker in Dallas,

Before joining the DOJ

the North Carolina Bar

planning, estate admin-

Tex., where his practice

in 2000 as an attorney,

Life Financial in Wellesley,

Association. The McKnight

istration, and adoptions.

focuses on mergers,

he served as U.S. Senator

Mass., as an assistant

mark Litigation 2012.

Campbell was listed

2013 for products liability

Joyce Elden works at Sun

Award recognizes

He and his wife, Jane,

roll-up transactions, se-

Daniel Patrick Moynihan’s

vice president and senior

intellectual achievement,

“have been blessed with

curities, divestitures, joint

legislative director, and as

counsel. She manages the

integrity, commitment to

two great kids.” Grace

venture formations, and

an intelligence officer in

legal team dealing with

civility, and pursuit of

will graduate from the

liquidations of business

the CIA.

commercial mortgage

excellence and service.

EKU Nursing School in

assets inside and outside

Merritt is currently a

December and John is an

bankruptcy.

councilor of the state bar and chair of its Lawyers Assistance Program. He is

lending and real estate

Jim Campbell finished his

investment acquisitions

undergraduate at UVA

term as president of the

across the United States.

(Class of 2015).

International Association

In connection with this

of Defense Counsel

job, she and her husband,

Tom is glad they made

with Robinson Bradshaw &

the decision to remain in

Hinson in Charlotte, where

Charlottesville, which has

his practice includes a

been a great place to work

1983

and was appointed to

Dana, relocated to

Don Blackwell’s book,

a five-year term on the

Wellesley after 17 years

“Dear Ashley …” — A

Massachusetts State

in West Palm Beach, Fla.

UVA Lawyer / Fall 2012 63

Class notes …

She has been selected as

Super Lawyers 2012. He

partner with Ulmer &

Edition in the areas of

incoming co-chair of the

was also listed in the area

Berne in Cincinnati, Ohio,

business litigation and

corporate counsel com-

of personal injury: medical

where he focuses his

intellectual property

mittee of the American

malpractice. Knopik is with

practice on product

litigation. He is of counsel

College of Mortgage

Knopik Deskins Law Group

liability and mass tort/

with Hill Ward and

Attorneys.

in Tampa, where he

occupational exposure.

Henderson in Tampa.

Harry “Hal” J. Hicks III

focuses his practice on

Neil L. Rose has been

Patrick Gottschalk has

personal injury, wrongful

elected a Fellow of the

Kurt J. Krueger is listed in

been appointed to the

death, medical negligence,

American College of Trust

Virginia Super Lawyers 2012

has been a partner at

executive committee of

and commercial litigation.

and Estate Counsel. He is a

in the area of mergers &

Skadden, Arps, resident

member with Willcox

acquisitions. He is a part-

in the Washington, D.C.,

Chamber of Commerce.

Greg L. Musil has been

Savage in Virginia Beach,

ner with McGuireWoods

office since he left the U.S.

the Greater Richmond He is currently chair of the

named by Best Lawyers

Va., where he focuses his

in Charlottesville, where

Treasury in 2007. He is

economic development

2013 as the land use &

practice on federal and

he focuses his practice

global chair of Skadden’s

team at Williams Mullen,

zoning law Lawyer of

local taxation, estate

on working with public

international tax practice.

and previously served

the Year in Kansas City.

planning and administra-

and private closely held

He has been included

as Virginia’s Secretary of

He is a shareholder with

tion, and real estate and

corporations, as well as

repeatedly as a leading

Commerce and Trade

Polsinelli Shughart, where

corporate law.

partnerships and limited

tax lawyer in Chambers

under Governor Tim Kaine

he focuses his practice

liability companies.

USA, Chambers Global,

from January 2006 to

in construction, energy,

January 2010.

and real estate litigation;

1984

commercial litigation; and

Stan M. Haynes has

zoning and land use.

written a book about the

Best Lawyers, and similar

John Ragosta, currently a resident fellow at the

publications. Hal and his wife, Nancy,

Sam D. Eggleston III was

Virginia Foundation for

of 27 years (“clearly the

appointed general district

the Humanities, will be

woman is a saint”) live

origin and development

John E. Osborn was

court judge of the Twenty

spending the 2012-13

in McLean, Va. Their

of American political

recently appointed senior

Fourth Judicial District

academic year as a visiting

oldest son, Josh, recently

conventions entitled The

vice president, global

and began serving the

assistant professor of his-

graduated from Dickinson

First American Political

corporate affairs at Onyx

City of Lynchburg and

tory at Hamilton College

College and is a teacher

Conventions: Transforming

Pharmaceuticals, a global

Campbell County, Va., in

in Clinton, N.Y. His second

(“much more noble

Presidential Nominations,

company engaged in

that capacity on July 1. He

book, Religious Freedom:

than tax lawyer”). Their

1832–1872. (See his

the development and

previously practiced law in

Jefferson’s Legacy, America’s

middle son, Matthew,

website www.ameri-

commercialization of

Nelson County, Va.

Creed, will be published by

is a sophomore at the

canpoliticalconventions.

innovative therapies for

the University of Virginia

University of Richmond

com and In Print.) He is

improving the lives of

Press early in 2013.

and is on the lacrosse

with Semmes, Bowen &

cancer patients. He is

Semmes in Baltimore,

responsible for public

Md., where he focuses his

and government affairs

practice in litigation.

activities of the company

Their youngest son, Billy, is

as well as maintaining

in 10th grade. “Maybe he

key stakeholder relation-

will decide to go to college

ships. Onyx is based in

at UVA,” says Hal. “Our dog,

San Francisco, Calif. Prior

Maggie, has no plans on

team. They hope he will

1985

school at The University.

attending UVA.”

to joining Onyx, he was executive vice president

K.C. Green is listed in Best

& general counsel with

Lawyers 2013 in mass tort

Dendreon Corporation, a

litigation and class

biotechnology company

actions–defendants and

William C. Guerrant Jr. is

Christopher Knopik has

that developed and com-

mass tort litigation and

listed in Florida Super

been named one of the

mercialized the first cancer

class actions–product

Lawyers 2012 and the 2012

Top 100 Lawyers in Florida

immunotherapy.

liability litigation. He is a

Super Lawyers Business

64 UVA Lawyer / Fall 2012

at least consider graduate

Class notes …

involves defense of toxic

1986

tort and asbestos suits.

Gordon Brown ’75 is on

with Coca-Cola Co., where

the board of governors,

she provides employ-

Debbie Holloman is a

Neal Ellis ’75 is a former

ment counseling for the

career law clerk in the

member of the BOG,

company and spends

Eastern District of Virginia.

Norfleet Pruden ’73 is a

much of her time serving

She had the honor of

past NCBA president, and

on nonprofit boards and providing pro bono work.

clerking for the Honorable

Mark Merritt ’82 received

Stephen M. Hudoba is listed

United States District

this year’s McKnight

She was instrumental in

in Florida Super Lawyers

Judge Richard L. Williams

Professionalism Award.

establishing the pro bono

2012 and Super Lawyers

’51 for 15 years. In 2005

Kutrow is a partner with

program at Coca-Cola more than a decade ago.

Debbie was instrumental

McGuireWoods in Char-

a shareholder with Hill

Michael Regier has been

in establishing the Judge

lotte, where he focuses his

As chair of Coca-Cola’s

Ward Henderson in Tampa,

named Atlantic Health

Richard L. Williams ’51

practice in complex litiga-

pro bono committee she

where he practices in the

System’s vice president,

and Eugenia K. Williams

tion with emphasis on

accepted the American

real estate group.

legal affairs, and chief legal

Scholarship in honor of

business torts, securities,

Bar Association’s 2012

officer. Atlantic Health

Judge and Mrs. Williams,

and products liability.

National Public Service

System is one of the

and all of the Judge’s

largest non-profit health

law clerks contributed

care systems in New

to the scholarship. Upon

Jersey, and includes the

Judge Williams’s death in

Morristown, Overlook,

February 2011, his family

Elizabeth Finn Johnson

reappointed to a second

Newton Medical Centers,

requested that contribu-

was a finalist in the

eight-year term as U.S.

and Goryeb Children’s

tions to the scholarship

community champion

Magistrate Judge for

Hospital. Regier oversees

be made in his memory.

category for the Atlanta

the Western District of

Brad Marrs has formed

the system’s legal,

Debbie now clerks for the

Business Chronicle’s

North Carolina. Judge

the Marrs Law Firm in

compliance, risk and

Honorable U.S. District

corporate counsel awards.

Keesler hears federal

Richmond. He previously

claims management,

Judge Robert E. Payne.

She is senior litigation

civil and criminal matters

co-founded and led civil

internal audit teams, and

and employment counsel

arising in the 32 counties

litigation at Meyer,

insurance matters.

2012 Business Edition. He is

Debbie’s daughter,

Award.

1987

The Honorable David C. Keesler has been

Rebecca Walker, an Echols Scholar and college

Goergen & Marrs. He will continue practicing civil

Judge Robert Vance is

science scholar, is in her

litigation with emphasis

the Alabama Democratic

second year in the College

on complex business and

party’s candidate for chief

of Arts and Sciences at Vir-

personal cases, construc-

justice in November. He

ginia. Debbie’s son, Robby

tion law, and

has served as a Jefferson

Walker, currently works in

business-to-business

County Circuit Court

Yeosu, South Korea.

collections.

judge in Birmingham’s civil division since he was

Bradley R. Kutrow

Moffatt G. “Mott” McDonald is listed in Best

appointed in 2002. He was

organized a reception for

elected in 2004 and again

Law School graduates at

Lawyers 2013 in bet-the-

in 2010.

the North Carolina Annual

Vance stepped in as

Bar Meeting in Wilmington

litigation-environmental.

the Democratic candidate

in June. A number of UVA

He is a shareholder with

when the previous

Law School graduates hold

John Mitnick ’87 and his wife, Carol Deane,

Haynsworth Sinkler Boyd

candidate was taken out

or have held key positions

welcomed their daughter, Hadley Palmer Mitnick, on

in Greenville, S.C. where he

of the running in August

in the NCBA. Kutrow is

April 30. Carol is a rheumatology fellow at

represents clients in a vari-

for making inflammatory

chair of the appellate rules

Georgetown University Hospital, and John is vice

ety of complex contractual

statements. He will con-

committee, Judge Bob

president and general counsel of Raytheon Technical

and property disputes.

tinue his duties as circuit

Conrad ’83 is on the board

Services Company in Dulles, Va. They reside in

Much of his recent work

judge while campaigning.

of governors, the wife of

McLean.

company litigation and

UVA Lawyer / Fall 2012 65

Class notes …

comprising the Western

Geoff S. Mearns became

District. He lives in

president of Northern

Charlotte with his wife,

Kentucky University

Susan, and their two

in August. He previ-

daughters, Amelia and

ously served as dean and

Caroline.

professor of law, then

Andrew Langhoff has

University’s Cleveland-

recently joined Burford

Marshall College of Law.

provost, at Cleveland State

Group as chief operating

Following Law School,

officer. Burford is the

Mearns practiced

world’s largest provider

law for more than 15

of investment capital and

years and served as a

risk solutions for litigation.

federal prosecutor in the

Burford has operations in

Department of Justice. As

New York and London, and

special assistant to the U.S.

is publicly traded on the

Attorney General he took

London Stock Exchange

part in the prosecution of

(ticker symbol: BUR).

Terry Nichols, one of the

Andrew, his wife, Katy,

defendants in the 1995

and their children William,

Oklahoma City bombing.

Caroline, and Elizabeth,

He also taught at Case

live in London.

Western Reserve University School of Law and New York Law School.

European LL.M. Reunion

Keith Munson serves on the Research Universities

The UVA LL.M. Reunion European Chapter met in Vienna, Austria July 5–8, and

Centers of Excellence

a good time was had by all.

Board and the South Carolina Upstate Alliance Economic Development

A guided tour of the Palace of Justice by two Supreme Court Justices and a presentation on the Austrian Judiciary system was followed by academic

Steve McIntosh’s new

Board. He is with Womble

sessions on data protection and privacy and central Europe from 1918–2018. A

book, Evolution’s Purpose:

Carlyle in Greenville, where

visit to the Augarten Porcelain Museum was followed by wine tasting, a cellar

An Integral Interpretation of

he focuses his practice in

tour, and a Heurigen buffet dinner.

the Scientific Story of Our

product liability, medical

Origins, was published in

device, and business litiga-

A guided tour of the Museum Leopold was followed by coffee and streudel at

October. It presents a fresh

tion cases. Recently, Keith

one of Vienna’s finest restaurants, and an extraordinary formal dinner at the

perspective on the

and his wife, Suzanne,

Hotel Sacher. The next day, a High Mass and Gregorian chant at St. Augustine

intersection of evolution-

matriculated their last

Church was followed by an outstanding lunch at Restaurant Albertina.

ary science and

daughter into college, and

philosophy and delves into

Keith completed the Bike

At the business meeting which followed, it was decided the next reunion will

the very meaning of

Ride Across Nebraska with

be held in Ghent in two years and it is hoped many of our European alumni

evolution. (See In Print.)

his WWII veteran uncle.

will plan to attend. For information email Bart Goossens LL.M. ’87 at bg@gsj.

McIntosh is a founding

be or Christel Vergauwen Goossens LL.M. ’87 at cv@gsj.be, who will organize

partner of the Institute for

the 2014 reunions, or Detlev Oelfke LL.M. ’86 at detlev.oelfke@advopat.de, who

Cultural Evolution, a

Paxson was elected by the

oversees the European Alumni Association.

foundation involved in

Virginia General Assembly

social policy.

to her third term as a

In January Deborah

juvenile and domestic

66 UVA Lawyer / Fall 2012

Class notes …

relations district court

Norfolk, Va., where he

injury law. He was recently

2012 Legal Elite in health

Rutgers University in May.

judge. She has served on

routinely handles mergers

elected to chair the federal

care law. Snyder is with

She attended Douglass

the Virginia Beach JDRC for

and acquisitions, com-

employers liability act

Davis & Snyder, where he

College, which is now part

the past 12 years and was

mercial real estate

litigation group for the

specializes in representing

of Rutgers’ School of Arts

chief judge from 2005–06.

transactions, and estate

American Association of

physicians and hospitals in

and Sciences, before at-

From 2007–11 she served

planning matters. He and

Justice for the second

medical negligence litiga-

tending UVA Law. In 1997

on the Virginia Supreme

his wife, Denise, have a son

consecutive year. The FELA

tion and risk management.

Lewis founded a group

Court commission for

who is a sophomore at

litigation group brings

He lives with his wife and

called Sister Mentors that

mental health law reform,

Baylor University in Texas,

together lawyers from

their three teenagers on

offers support to women

where she was co-chair for

and another son who is a

across the country who

a small, non-working,

of color who aim to attend

the task force on children

junior in high school.

specialize in FELA/railroad

hillside “farm” in upstate

college and earn advanced

and adolescents. Recently

worker accidents. Cooper

South Carolina that is

degrees.

she was appointed to the

has represented injured

“reminiscent of the beauty

railroad workers in FELA

of Central Virginia.”

Virginia Wesleyan College

1988

claims against railroad

board of trustees.

Matthew McElhiney moved his corporate and

Since 2007 Garry Carneal

companies since 1997.

John J. Rice has joined

has served as president

Cooper started a new firm,

Ballard Spahr as of counsel

and CEO of Schooner

Cooper Hurley, in Norfolk

in the litigation depart-

Healthcare Services,

that exclusively handles

Carol J. Bernick recently

Rock’s Denver offices. He

ment in San Diego, Calif.

a consulting firm that

plaintiff-side personal

made a month-long trip to

was recently elected as

He is also a member of the

focuses on promoting

injury law.

Africa, during which she

chairman of the board of

securities litigation and

and managing companies

spent two weeks working

directors of the University

white collar/investigations

with innovative products

on a Habitat for Humanity

of Colorado, Boulder

groups, focusing his

in the health care field. He

project in Zambia. She

Alumni Association. He

practice on white-collar

also continues to serve

and her 17-year-old son,

resides in Denver with his

criminal defense and com-

on several non-profit

Austin, worked with other

wife, Colleen, and son,

plex securities litigation.

boards promoting quality

Habitat participants from

Max (10).

Before joining Ballard

standards in medicine. In

North America to build

Spahr, Rice was with the

June he received the Case

two 400-square-foot

U.S. Attorney’s Office as

Management Advocate

houses and most of an

Assistant U.S. Attorney in

Award recognizing his

In May Wesley G. Marshall

outhouse during their

the Southern District of

contributions to the Case

was appointed commis-

stay. Bernick made her first

James Barker is the

California specializing in

Management Society of

sioner of the Virginia

Habitat trip three years

deputy office managing

public corruption cases.

America. In his spare time,

Workers’ Compensation

ago to Honduras. She

partner and head of the

He also served in the U.S.

he continues to restore

Commission by the

appreciates how this work

communications industry

Attorney’s office for the

and sail his classic sailboat

Virginia General Assembly.

provides the opportunity

group in the Washington,

Southern District of New

named Compass Rose. He

He serves as one of three

to interact with people

D.C., office of Latham &

York in the organized

lives in Annapolis, Md.,

commissioners who are

in a meaningful way and

Watkins. He writes, “I’m in

crime and terrorism

with his wife, Traci, and

appellate judges for the

directly impact people’s

touch with many impres-

section.

their three children.

workers’ compensation

lives. Bernick is partner-in-

sive UVA grads!”

system and share

charge with Davis Wright

responsibility for adminis-

Tremaine in Portland, Ore.,

Carolyn Ells Cheverine is

tering the system and its

where she represents

now the general coun-

266-person independent

employers in complex

sel–corporate affairs and

state agency.

employment cases, includ-

secretary for Cliffs Natural

ing numerous wage and

Resources, Inc., a Fortune

hour class actions.

500 international mining

Steven A. Snyder has been

1989

transactional practice, along with three of his other partners, to Kutak

1990

and natural resources

John Cooper is listed in

recognized by Greenville

Jeff Tinkham has opened

Virginia Super Lawyers 2012

Business Magazine as

Shireen Lewis received

company. Cliffs is head-

the Tinkham Law Group in

in the area of personal

one of South Carolina’s

an honorary degree from

quartered in Cleveland,

UVA Lawyer / Fall 2012 67

Class notes …

Ohio, and operates iron

Lawyers 2012 and the 2012

focuses on projects

area of government

ore and metallurgical coal

Super Lawyers Business

concerning women and di-

relations. He is a founding

mines.

Edition in the area of real

versity. Several projects are

partner with Macaulay &

estate. He is a shareholder

already in development.

Burtch in Richmond,

Brian FitzGerald joined

with Hill Ward Henderson

Her 17-year-old daughter

where he has represented

Cullen and Dykman as

in Tampa.

is a senior in high school

corporations, associations,

and her 15-year-old is a

and local governments as

sophomore.

a lawyer and lobbyist since

partner-in-charge in the newly opened office in

Susan M. Kennedy is

Albany, N.Y. He focuses his

counsel in the litigation

Jane Paulson has become

practice on representing

department and the

a Fellow of the American

energy, telecommunica-

white-collar defense,

College of Trial Lawyers

tions, and water clients

investigations, and corpo-

during the 2012 annual

before state public util-

rate compliance practice

meeting of the college in

ity commissions, federal

group with Wiggin and

New York, N.Y. She

Nate Finch is listed in

agencies, and in federal

Dana in Philadelphia, Pa.

becomes the fifth woman

Washington, D.C. Super

and state court. FitzGerald

She focuses her practice

from Oregon to become a

Lawyers 2012 in the areas

is listed in Upstate New

on securities and complex

fellow in the college. Jane

of personal injury plaintiff:

York Super Lawyers 2012

commercial litigation.

continues to work at

Alexander M. Macaulay is

products; personal injury plaintiff: general; and se-

in the areas of energy and

he graduated.

1992

Paulson Coletti Trial

listed in Virginia Super

natural resources, com-

Ronald V. Minionis, who

Attorneys with her father,

Lawyers 2012 and listed in

curities litigation. He is a

munications, and utilities.

is with Legal Services of

Chuck Paulson, and her

Best Lawyers 2012 in the

member with Motley Rice.

He was previously with

Northern Virginia, has

law partner, John Coletti.

Dewey & LeBoeuf.

also been teaching trial advocacy at the George

Dan Renberg continues

Sarah A. Good has joined

Washington School of Law

to serve as practice group

Pillsbury as a litigation

for the past two years. On

leader for the government

partner in San Francisco,

teaching he reports, “It has

relations group at Arent

Calif., where she focuses

been challenging but fun!”

Fox in Washington, D.C., handling federal relations

her practice on securities and consumer class action

Timothy J. Nagle LL.M.

for hospitals, universities,

litigation and complex

has joined Reed Smith as

medical device manu-

general commercial

counsel in Washington,

facturers, and various

disputes. Before joining

D.C. He is a member of

companies and associa-

Pillsbury, Good was a

the data security, privacy

tions. “I’m using my Con

partner at Arnold & Porter

& management practice

Law knowledge from A.E.

and served as chair of the

group. He was previously

Dick Howard ’61 on a

Judge Diarmuid F. O’Scannlain LL.M ’92 was honored

litigation department at

with Bank of America,

daily basis,” he writes.

at a special session of judges of the U.S. Court of

Howard Rice Nemerovski

where he was assistant

Canady Falk & Rabkin

general counsel and

before those firms merged.

advised the chief informa-

Appeals for the Ninth Circuit that convened in

1991

tion security officer and

Jonathan P. Jennewein is listed in Florida Super

68 UVA Lawyer / Fall 2012

Portland, Ore., on May 10. The proceedings included the presentation and hanging of an oil portrait of Judge O’Scannlain that was commissioned with

business units such as

This year Tonya Lewis Lee

contributions from more than 70 former law clerks.

online banking, credit card

launched Healthyyounow.

The judge, nominated to the bench by President

issuing, and corporate

com, a women’s online

Ronald Reagan in 1986, has served on the Ninth

banking on matters re-

health magazine. She

Circuit Court of Appeals for more than 25 years. In

lated to network security,

also joined forces with

addition to his duties on the bench, O’Scannlain

procurement, background

her producing partner

currently serves as chair of the international judicial

screening, privacy and

and formed a new

relations committee of the U.S. Judicial Conference,

business continuity.

production company,

the national governing body for federal courts.

ToniK Productions, which

Class notes …

Jeffrey N. Naness “stays

judge advocate with the

counsel at Analog Devices,

Milwaukee, Wisconsin,” he

previously a partner with

busy practicing labor and

82nd Airborne Division

where he provides legal

writes.

Bowman and Brooke.

employment law on behalf

at Fort Bragg, N.C., was

counsel in several areas,

of management, bringing

selected for promotion to

including intellectual

T. Maria Lam is Intel’s

up his boys, and playing

the rank of Colonel.

property, manufacturing,

director of China patent

information technology,

strategy after spending

keyboards in his charity band.” He is a partner with

Robert J. Schmidt Jr.

cloud computing, environ-

five years as licensing

Naness, Chaiet & Naness in

has been recognized in

ment health and safety,

counsel. She will continue

Jericho, N.Y.

Chambers USA 2012 as

marketing, social media,

to live in California with

one of Ohio’s “Leaders in

and corporate social

her husband and two

Patricia M. Tereskerz

Their Field” in the area

responsibility.

children, but will travel

recently published Clinical

of natural resources and

Research and the Law, a

the environment. He is a

Leezie Kim has been

practical guide to the legal

partner with Porter Wright

named to DiversityMBA

implications of conduct-

in Columbus, where he

ing clinical research and

represents clients in all

trials (see In Print). She is

major environmental

Jonathan T. Blank is

leaders list for 2012. She

director of the Program

programs involving the

listed in Virginia Super

was honored at the

in Ethics and Policy at the

Clean Air Act, Clean

Lawyers 2012 in the area

magazine’s awards gala in

UVA School of Medicine

Water Act, Superfund,

of energy and natural

Chicago, Ill., in September.

Center for Biomedical

solid and hazardous waste,

Brian Booker is listed in

resources. He is a partner

Kim is a partner in the

Ethics and Humanities

emergency planning, and

Southwest Super Lawyers

with McGuireWoods in

corporate services group

and chairs the conflicts of

agricultural issues.

2012 in the area of

Charlottesville, where he

with Quarles & Brady in

business litigation. He is a

is co-chair of the energy

Phoenix, Ariz., where she

Dana Young was re-elected

partner with Quarles &

litigation group.

focuses her practice on

to her second term in

Brady in Phoenix, Ariz.,

the Florida House of

where he focuses his

Jeff Cottle lives in

the laws of national

Representatives. Her

practice on commercial

London, England, where

security and international

U.S. Army Lt. Col. Gregory

district includes the City

litigation with emphasis

he is in charge of the

business transactions, as

L. Bowman, legislative

of Tampa and portions of

on commercial and

legal team responsible for

well as health care and

counsel and strategic mili-

Hillsborough County. Dana

professional liability, real

anti-corruption and trade

restaurant business

tary law/policy advisor to

is married to Matt Young

estate, securities fraud,

compliance at the world’s

transactions. She returned

the Secretary of the Army

and has two daughters.

and products liability.

largest mining company,

to Quarles & Brady after

BHP Billiton.

four years as White House

currently nine months

Wanda L. Wright is

Department of Homeland

into a one-year, boots-

an administrative law

Security and as general

judge with the Social

counsel to then Arizona

interest committee at UVA.

1993

frequently to Asia.

1995

50 diverse executive

in Washington, D.C. was selected for promotion to the rank of colonel.

1994

Magazine’s Top 100 Under

helping clients navigate

appointee to the U.S.

Maj. Michael Gould is

J. Brian Jackson is

Earlier this year, Anil

on-ground deployment

listed in Virginia Super

Adyanthaya was elected

to Camp Phoenix,

Security Administration in

Governor Janet

Lawyers 2012 in the area

president of the Newton

Afghanistan, where he is

Fayetteville, N.C.

Napolitano ’83.

of transportation and

Upper Falls Area Council.

chief of detainee opera-

maritime law. He is a part-

Newton Upper Falls is one

tions in the office of the

ner with McGuireWoods in

of the villages that com-

staff judge advocate for

1996

in Best Lawyers 2013 in

Charlottesville, where he

prise the city of Newton,

Task Force 435. He gives

maintains a diverse practice

Mass. In November, Anil

advice to the commanding

Candace Blydenburgh

ment, and litigation–labor

and coordinates the

will be debuting a new

general on operational law

joined McGuireWoods

& employment. He is a

transportation law group.

column for ACC Docket, the

and military justice issues.

as partner in the toxic

partner with Vorys, Sater,

journal of the Association

“I look forward to going

tort and environmental

Seymour and Pease in

of Corporate Counsel.

back to my wife and three

litigation department in

Columbus, Ohio, and a

He is senior corporate

kids (16, 14, and 12) in

Richmond, Va. She was

member of the labor and

U.S. Army Lt. Col. John P. “Jack” Ohlweiler, staff

Mark A. Knueve is listed employment law–manage-

UVA Lawyer / Fall 2012 69

Class notes …

Law Alum Co-Founds the Cloverleaf School in Atlanta by Jennifer Murphy Romig ‘98

Joy Taylor ‘98 enters the doors of the school, eyes shining and heels click-

of tasks, such as forming a 501(c)(3) organization for tax purposes and

ing, and quickly spots a bright eight-year-old face at the helm of a big-kid

applying to be the recipient of state funds for disabled students enter-

tricycle. That is Oscar, Joy’s son and the motivating force behind her new

ing private schools. Founding parent Julie Smith manages the school’s IT

role as co-founder of the Cloverleaf School. Along with two other families

and human-resources needs. Another founding family, Mark Ledden and

and an experienced teacher, Joy and her husband, Greg Dobrasz, opened

Susan Anderson, brought strength in the accreditation process through

the Cloverleaf School in Atlanta in January. It admits students with neuro-

Susan’s work at Spelman College. The Cloverleaf School is fully accredited

divergent or neuro-behavioral issues, the most common diagnoses being

by the Georgia Accrediting Commission.

ADHD or high-functioning autism spectrum disorder. Joy and Greg had been working with Oscar since he was two years

One of the Cloverleaf School’s ultimate goals is to have a 3:1 or 4:1 student-teacher ratio; for the founding semester, that ratio is lower. Each

old, exploring a variety of therapies

student will have the opportunity to

and school options. “I know Oscar and I

participate in classwide goals as well as

know he’s capable, but he needs a lot of

to progress on an individualized plan.

social and emotional support or he just

Teachers have been thrilled with the

shuts down,” Joy said. Each expert and

opportunity to pick and choose among

each school they encountered offered

teaching resources to individualize the

something, but they wanted a place for

curriculum to each child. “We want to

Oscar that added academic ambitions

keep them engaged, whether they are

alongside sensory-integration work and

inflecting inward, which is common with

social skills development. Along the way

autism, or outward, which is common

in Joy and Greg’s quest, they met a hand-

with ADHD,” Joy said. Teachers noted that

ful of other families with similar goals

the Cloverleaf School’s multidisciplinary

and ultimately decided to “hold hands

approach gives teachers the flexibility

and jump into the abyss together” by

to respond to each individual student’s

founding a new school.

areas of struggle and strength.

The Cloverleaf School’s motto is “quo

A typical school day at the Clover-

vadis,” Latin for “where are you going?”

leaf School includes the “morning

This motto reflects the school’s premise

meeting” with the kids, individual and

that children with learning differences

explicit social skills instruction, a student

do not have fixed destinies; rather, their

inquiry-based class period called “Buddy

outcomes can be influenced by their

Time.” An hour of language and an hour of math are integrated throughout the

social and academic environments. Joy is passionate about this motto: “More than with typically developing kids,

school day, as well as coverage of other elementary subject areas such as

no one can guarantee how things will turn out. The only sure bet is that

social studies and science. Teachers also add in enrichment classes such

every day will look different and we will always try our best. We don’t know

as hiking, yoga, cooking, soccer, and sewing, which help with motor skills

where we are going, but we are on the road to somewhere. But you can’t

and social skills.

get very far without teachers who passionately believe that these kids

The school’s current location is in two comfortable classrooms within

have academic potential. The reality is often that challenging kids who

Sensations Therafun, a facility for sensory and occupational therapy just

struggle with classroom behavior can present difficulties and sometimes

outside the Atlanta city limits. While it has been a welcoming home for

even meltdowns. As parents, we need teachers who believe that the prog-

the school’s first year, the need for green space and room to grow will lead

ress is worth the behavior, worth the ‘hassle.’”

the Cloverleaf School to sublease new space in a Buckhead-area church

Beyond a palpable love for Oscar, Joy brought her legal and manage-

for the 2012–2013 school year. Walking around the current location, Joy

ment skills to founding the Cloverleaf School, incorporating it and hiring

beams at the school and at Oscar, “I never thought I’d start a school, yet

the first faculty members. Joy also works full time as the administrator at

now I can’t imagine my son’s life without it.”

Peachtree Neurosurgery. Her training and background left her unafraid

70 UVA Lawyer / Fall 2012

Class notes …

employment practice

USA 2012 in the area of real

and individuals in need of

Department of Justice’s

Amy E. Davis is lead author

group.

estate. He was also listed

legal help. He was recently

environment division.

of the Guide to Protecting

in Best Lawyers 2013 in

senior counsel and is now

Justin and Jason Dunn ’98

and Litigating Trade Secrets,

land use & zoning law and

interim chief counsel

focus on Clean Air Act

published by the American

real estate law. He is with

of the American Cancer

enforcement against

Bar Association and

Smith Moore Leatherwood

Society. In addition to his

coal-fired power plants.

available at americanbar.

in Greensboro, N.C., where

demanding work with

org. The guide provides

he focuses his practice in

ACS, he volunteers with

an academic look at trade

real estate development

the Pro Bono Partnership

secret law and offers

and finance, representing

of Atlanta, through which

current, real-life examples

Scott Orchard has joined

lenders, developers, and

he has advised more than

of trade secret nightmares

Duffy & Sweeney as a

operating companies.

30 non-profits on legal

drawing on the litigation

partner in Providence, R.I.

issues related to their

experience of Davis and

He focuses his practice on

Laura Deddish Burton is

tax-exempt status. His pro

her co-authors to provide

mergers & acquisitions,

listed in Best Lawyers 2013

bono work extends to the

private equity and venture

in the area of immigration

Atlanta Legal Aid Society,

Colby Walton has been

business owner, small legal

capital, and securities law.

law. She is with Smith

the Atlanta Volunteer

appointed to the board of

department or firm, and

Moore Leatherwood in

Lawyers Foundation, and

directors of Leadership

solo practitioner (see In

Greensboro, N.C., where

the Probate Information

Fort Worth, one of the

Print).

she focuses her practice

Center, where he

oldest community

on immigration and

offers free counsel to

leadership development

important move, recently

international law.

low-income citizens. He

programs in the U.S., for a

joining Christiansen Davis

also mentors volunteers

one-year term. Walton

and trains other volunteer

recently graduated from

partner. Davis is a trial

attorneys in pro bono

the organization’s 2011-12

attorney in the areas of

service.

leadership class. He is a

business and employment

Eric Perkins co-authored a

practical advice to the

Davis has also made an

Bullock as a named

senior vice president with

law. CDB is a Dallas-based

modern history of tennis

Glenn Saks recently

Cooksey Communications,

law firm providing busi-

in Richmond, Va.

helped launch United

a marketing communica-

ness, litigation, and family

Richmond—One of

Disability Lawyers Group,

tions agency that

law services to individuals and businesses worldwide.

new book chronicling the

which serves clients in

specializes in working with

features a foreword by

Ted Hollifield has joined

all 50 states and U.S.

professional services firms.

John McEnroe and many

Alston & Bird as partner in

territories, as well as locally

He lives in Colleyville, Tex.,

Gary Gansle recently

stories of the people,

the Silicon Valley office,

in the San Fernando Valley

with his wife, Kim.

celebrated a highlight in

places, and events that

where he focuses on

and Los Angeles area of

have made Richmond a

corporate and securities

Southern California. His

great tennis town for over

law with emphasis on

practice is exclusively de-

a century (See In Print).

public equity and debt

voted to helping its clients

offerings, venture capital

obtain Social Security

John A. Chiocca and his

directors of Yahoo to take

financings, mergers and

Disability and benefits

wife and law partner,

the helm of the technol-

acquisitions, and general

from the government.

Rochelle Birnbaum

ogy giant. Mayer, at 37, is

Chiocca, celebrated

one of the youngest CEOs

America’s Best Tennis Towns

1997

representation of

his legal career when he

1998

was called on by Marissa Mayer to help her reach a deal with the board of

emerging growth

Justin Savage recently

their law firm’s tenth

of a Fortune 500 and one

companies.

spoke at Yale Law

anniversary with the

of a small group of women

School’s Conference

purchase of a new office

CEOs in that arena. “It was

Tim Phillips won a com-

on New Directions in

and a move into Chiocca

a genuine pleasure help-

munity champion award

Environmental Law.

& Chiocca’s permanent

ing add a significant crack

from the Atlanta Business

He is a senior counsel

home in Wellington, Fla., in

to the glass ceiling facing

Brian W. Byrd received

Chronicle in June for his

in the environmental

September.

many women executives,

recognition in Chambers

work with non-profits

enforcement section of the

especially given that

UVA Lawyer / Fall 2012 71

Class notes …

Ms. Mayer was pregnant

entertainment, intellec-

at Baker & Hostetler in

during the negotiations

Bill MacDonald,

tual property, and art law

Washington, D.C., and as a

and recently gave birth to

his wife, Deirdre,

practice, The Moore Firm,

law clerk to the Honorable

a healthy baby boy.”

and their son, Jack

is based in Atlanta, where

Henry E. Frye, Sr., a former

Gansle is the head of

(“2½ going on 18”),

she lives with her husband

chief justice of the North

the labor and employment

recently welcomed

and three children.

Carolina Supreme Court.

department with Dorsey &

the addition of

Whitney in Palo Alto, Calif.

twins, William

James F. Neale is listed

Josh Waxman is a

In addition to representing

Grayson and Quinn

in Virginia Super Lawyers

shareholder in Littler Mendelson’s Washington,

Mayer, he represents the

Alexa. “None have slept since July,” writes Bill, a

2012 in the area of

revolutionary electric

partner in the advertising, marketing, and promo-

personal injury defense:

D.C., office, where his

carmaker Tesla Motors and

tions group, and the intellectual property and

general. He is a partner

practice focuses on wage

many other technology

corporate practice groups with Olshan Frome

with McGuireWoods in

and hour and employment

companies in Silicon

Wolosky in New York City.

Charlottesville, where

class action litigation, as

Valley, and has successfully

he serves as co-chair of

well as traditional labor

litigated a wide variety

the food-borne illness

work, for clients across

of employment cases

professor on Widener

agreed to plead guilty and

litigation practice group.

the country. He lives in

that involve issues of

Law’s Delaware campus.

pay $3 billion to resolve its

His trial practice focuses

Maryland with his wife,

liabilities.

on high-exposure cases in

Alicia, and sons, Andrew

courts across the country.

(11) and Christopher (7),

race, sex, disability, age discrimination, and wage

Soye Kim continues her

and hour disputes. Gansle

work as a senior counsel

Stan McCoy and Nathalie

has also established a

at the National Labor

Collard-McCoy LL.M. ’00

In September India

training practice in which

Relations Board. In March

are pleased to announce

Pinkney was appointed

he conducts programs for

2011, then-chairman

the birth of their son,

general counsel for the

managers and employees

Wilma Liebman hired Kim

Benjamin Kenneth McCoy,

National Endowment for

nationwide on topics

as a senior counsel. After

on May 27 in Washington,

the Arts, becoming the

and daughter, Grace (4).

relating to employment.

Liebman’s term ended,

D.C. Stan continues to

first African-American

His presentations include

Kim worked for the current

serve as assistant U.S.

general counsel in the

“Managing Within the

chair, Mark Pearce, and

trade representative

NEA’s history. She has

Law” and “Preventing

member Craig Becker. As of

for intellectual prop-

been at the NEA since

In May Erica Y. Williams

Harassment and

January Kim is on member

erty and innovation in

March 2011 and previously

was named deputy chief

Discrimination in the

Sharon Block’s staff.

the office of the U.S. Trade

served as acting general

of staff of the Securities

Representative. Nathalie

counsel and assistant

and Exchange

Andy Mao, senior counsel

started a new job as a staff

general counsel.

Commission. She has been

Delaware Supreme Court

for health care fraud and

attorney at Arnold & Porter

Justice Randy J. Holland

elder justice at the U.S.

in December. They reside

NEA, Pinkney worked

Mary Schapiro’s staff since

LL.M. was recently

Department of Justice,

in Bethesda, Md.

at the Federal Aviation

February 2011, with a

honored with the First

was on the team that

Administration for many

focus on enforcement and

State Distinguished

successfully led the

Tara L. Mehrbach has

years, where she served as

regulatory issues. Williams

Service Award given

federal government’s

joined McManus Darden

legal counsel to the Safe

joined the SEC in 2004 as

by the Delaware State

health care fraud case

& Felsen, a construc-

Skies for Africa Program.

assistant chief litigation

Bar Association at the

against GlaxoSmithKline

tion litigation firm in

During a fellowship she

counsel in the enforce-

Washington, D.C.

became the first American

ment division’s trial unit,

to work in the legal bureau

where she led trial teams

Workplace.”

Before going to the

a member of SEC chairman

Delaware bench and bar

for promoting off-

conference. The award is

label unapproved uses of

the highest honor given by

prescription drugs, failure

Lisa Moore was recently

of the International Civil

in a number of successful

the DSBA. Justice Holland

to report some safety data,

featured as one of 12

Aviation Organization, the

prosecutions.

was appointed to the

and for alleged false price

lawyers under 40 and

United Nations’ organiza-

Delaware Supreme Court

reporting. In a record-

on the rise in Georgia by

tion governing civil

Senator Ted Kaufman

in 1986. Since 1991 he

setting settlement, the

the Fulton County Daily

aviation worldwide. Prior

of Delaware recognized

has taught as an adjunct

pharmaceutical company

Report. Her boutique

to that, Pinkney worked

Williams on the Senate

72 UVA Lawyer / Fall 2012

In October 2009,

Class notes …

floor as among “the

of counsel at Lewis and

innovative solutions to

M.L. Saylor, welcomed the

unsung heroes who work

Roca, and in June was

ensure that their assets,

birth of their son, Thomas

every day on behalf of

elected to the board

products, infrastructure,

Thor Olai Peterson, on

the Nation with great

of directors of the San

and processes meet

August 2. George is hope-

effort and often with great

Francisco Shakespeare

standards and regulations

ful that “he grows up with

sacrifice.” By that time she

Festival and the San

in terms of quality, health

Tania’s looks, brains, and

had distinguished herself

Francisco Friends of Music.

and safety, environmental

as a trial lawyer involving

Both groups work to

protection, and social

In July Jonathan C.C. Day

several important cases

further the spread of arts

responsibility.

celebrated the fifth

concerning accounting

and arts-based education

and fraud. One case

in the Bay Area.

Catherine’s son,

pretty much every other essential characteristic.”

anniversary of his law firm

Hadrien (2), was joined

in Houston, Tex. Day PLLC

fought in federal court

in late September by a

focuses on litigation,

involved insider trading

sister, Clémence. “They

business counseling, and

are doing great and keep

community development.

mately $3 million in illegal

us busy! Needless to say

Jonathan and

profits. SEC v. Nothern was

we are delighted and feel

Kate Day ’97, a partner at

highly unusual in that it

blessed, although our

Bracewell & Giuliani, live in

Anthony M. Russell was

focused on U.S. Treasury

nights are rather short…!

the Houston Heights with

named a rising star in

bonds. Williams and

Last year we were able to

their two children, Molly

Virginia Super Lawyers 2012

her team had to prove

see a few classmates in

and Charlie.

in the area of personal

that the defendant used

Paris or abroad and had

insider knowledge from

Whitney Calvert has

a great time. Classmates

someone in the Treasury

joined Dinsmore as a

Department. With fewer

partner in the corporate

resources than are usually

department in Lexington,

available to private sector

Ky., where she is a member

Heath Henderson (USMC),

James E. Weatherholtz

litigators, Williams and

of the mergers & acquisi-

and their six-year-old

was recognized as a rising

her colleagues spent

tions and natural resources

triplet girls, has “finally

star in South Carolina Super

long hours building their

practice groups. She

settled down in a practice.”

Lawyers 2012 in the area

case, argued their points

concentrates her practice

Marissa is a partner with

of construction litigation.

effectively, and won.

on m & a and general

Ventker and Warman in

He is with Womble Carlyle

corporate law with an

Norfolk, Va., where she’ll

in Charleston, where he

Williams will continue

emphasis on mineral and

practice admiralty and

focuses his practice on

to protect investors and

energy law.

maritime law, with an em-

the representation of

that generated approxi-

As deputy chief of staff,

1999

work to ensure that U.S.

injury plaintiff: medical. He is a partner with Gentry

are invited to contact me

Marissa Marriott Henderson, after

Locke Rakes & Moore in

should they have a chance

numerous military moves

Roanoke.

to come to Paris!”

with her husband, M.

Stephanie L. Chandler is

phasis on federal litigation

construction products

markets function in a fair

Olivier Catherine LL.M.

listed in S.A. Scene’s San

and other defense-related

manufacturers, contrac-

and efficient manner.

was promoted to vice

Antonio Lawyers Best of

litigation.

tors, homebuilders, and

“It’s really exciting to be

president, general counsel

2012 list in the area of

working on some of the

& compliance officer for

business & corporate law.

Benjamin S. Martin is a

most cutting-edge issues

both a division (govern-

She is a partner with

partner with Epstein Becker

in the financial world,”

ment services) and a zone

Jackson Walker, where she

& Green in Washington,

says Williams. “And that’s

(Middle East, India, Russia,

focuses her practice on

D.C., where his practice

exactly what I get to do in

Africa) of Bureau Veritas,

securities transactions,

focuses on governmental

my new position.”

a leader in conformity

reporting and compliance,

regulation of the pharma-

Nathalie Collard-McCoy LL.M. and Stan McCoy ’98

assessment and certifica-

mergers and acquisitions,

ceutical and medical device

are pleased to announce

Jeff Wutzke and his

tion services with offices

technology licensing and

industries. He joined the

the birth of their son,

husband relocated to the

and labs in 140 countries.

commercialization, and

firm in July 2007.

Benjamin Kenneth McCoy,

San Francisco Bay Area in

The group helps its clients

general corporate work.

May 2011 after working

improve their performance

She also leads the

George O. Peterson and his

D.C. Nathalie joined

a year in Vermont. He is

by offering services and

technology section.

wife and law partner, Tania

Arnold & Porter as a staff

sureties.

2000

on May 27, in Washington,

UVA Lawyer / Fall 2012 73

Class notes â&#x20AC;Ś

Law Alumni Weekend 2012 REUNION 2012

1200+ Alumni and guests in attendance

22 lanterns hung in the Caplin Tent

2 retiring Law Professors

300+ tours of Monticello taken by alumni and guests

650+ Virginia ham biscuits enjoyed at the Saturday breakfast

275+ omelets made to order at the Sunday Brunch

74â&#x20AC;&#x201E; UVA Lawyer / Fall 2012

Class notes …

Coonerty also is the

attorney in December.

so recognized. He has

Division (EPD) of the

criminologist to launch

Stan continues to serve as

brought cases against

Georgia Department

PredPol.com (Predictive

co-founder and chief

assistant U.S. trade repre-

giant biotech companies,

of Natural Resources

Policing), a startup that

strategist of NextSpace

sentative for intellectual

including Myriad and

effective January 1, 2012.

gives police departments

Coworking + Innova-

property and Innovation

Monsanto (Organic

As the state agency

real time predictions on

tion, which provides

in the office of the U.S.

Seed Growers and Trade

charged with protecting

where and when crime will

physical space and

Trade Representative. They

Association v. Monsanto)

Georgia’s air, land, and

occur. PredPol uses

virtual infrastructure for

reside in Bethesda, Md.

and drugmakers like

water resources through

cloud-based analytics to

creative collaboration

Johnson & Johnson (Public

the authority of state and

tell police departments

among freelancers,

Patent Foundation v.

federal environmental

the 500 square foot

entrepreneurs, and other

McNeil-PPC).

statutes, EPD regulates

locations where they

professionals. NextSpace

public and private facilities

should focus resources

has six locations across

law class from the Honor-

in the areas of air quality,

during a shift to cut down

California. PredPol used

able Randall Rader while

hazardous waste, water

on crime, particularly

the NextSpace platform

at the Law School, a class

supply, solid waste, surface

property crime, gangs, and

to develop its product.

so interesting that he says

mining, underground

assaults. A handful of

“NextSpace and PredPol

Michael P. Elkon has been

that before it was over

storage tanks, and others.

California cities already use

are a lot of fun because

recognized as a rising star

he knew that patent law

The director of EPD issues

the software, and 150

both are re-envisioning

in Georgia Super Lawyers

was what he wanted to

and enforces all state

police agencies around

how you do traditional

2012 in the area of

pursue. In private practice

permits in these areas

the world have expressed

city functions—economic

employment litigation. He

he focused on defense and

and has full delegation

interest as well. Studies

development and public

is of counsel with Fisher &

transactional work and

for federal environmental

have shown the software

safety—in a new, more

Phillips in Atlanta.

counseled clients in how

permits except Section

to reduce crime 12–20

innovative way,” notes

they could pursue technol-

404 (wetlands) permits.

percent, and it was chosen

Coonerty.

Ravicher took a patent

ogy without getting in

by Time magazine as one

the way of others’ rights.

of the top 50 inventions

Gary M. Farmer Sr. LL.M.

of 2011.

is listed in Best Lawyers

Currently he is executive

2001

director of the Public Patent Foundation, where

Dave Bell and his wife,

he represents the public

Elizabeth, welcomed

interest in patent cases.

their third child, Zachary Douglas Bell, in November

Jon Davidson Levin has joined Maynard, Cooper &

Tonya Sulia Goodman

2011. In addition, Dave

Gale in Huntsville, Ala., as a

has returned to federal

recently started a new job

member of the general

prosecution and is an as-

as corporate counsel at

corporate and govern-

sistant U.S. Attorney in

Marriott International in

ment contracts and bid

the U.S. Attorney’s Office

their dispute resolution/

protests practice groups.

for the Western District of

litigation department.

He previously practiced

Pennsylvania, assigned to

announce the birth of their daughter and first child,

government contracts law

the fraud-public corrup-

Anneliese. She was born on December 30, 2011, in

within the intelligence

tion section.

Durham, N.C. “We are so blessed by her arrival!” In

community in Washington, D.C.

Andrew Bell ’01 and Betsy Jordan-Bell are pleased to

August, Andrew and Betsy moved to Washington, In December 2011 Judson

D.C., where Andrew continues his Ph.D. in political

H. Turner was nominated

science (international relations) as a predoctoral

In July Dan Ravicher was

by Georgia Governor

fellow at the Institute for Security and Conflict

named one of the “Most

Nathan Deal and later

Studies at the Elliott School for International Affairs,

Influential People in IP”

approved by the Board

Ryan Coonerty, former

George Washington University. His research focuses

by Managing Intellectual

of Natural Resources to

mayor of Santa Cruz, Cal.,

on the intersection of international humanitarian

Property magazine. He was

become director of the

teamed up with a math

law, military training, and military operations.

one of only 15 Americans

Environmental Protection

professor and a

UVA Lawyer / Fall 2012 75

Class notes …

2013 in the area of

go unfilled for longer

he focuses his practice on

2011 as International

Elections and Referenda”

appellate practice. He is

and longer periods, and

appellate advocacy and

Trade Counsel for ranking

with the German Law

of counsel with Farmer,

the nomination process

insurance coverage. He

member Orrin Hatch

Journal, the other on the

Jaffe, Weissing, Edwards,

is bogged down by

teaches a course on the

and the committee

“Alignment of National

Fistos & Lehrman in Fort

politization, even down to

history of the Supreme

Republicans, after having

Government Liability Law

Lauderdale, Fla., where

the district court level. He

Court at Goucher College.

spent three years setting

in Europe after Francovich”

he provides litigation

proposes one way to give

up a new FedEx office in

with Springer’s ERA Forum.

support and appellate

some practical relief: “Only

representation in both civil and criminal cases. Before joining the firm he served as appellate judge for the

Washington, D.C., working

a large volume of consen-

Monica M. Welt and Babak Djourabchi were

sus nominations, coupled

overjoyed at the birth

commercial advocacy. He

with a more efficient

of their daughter, Leah

handles trade, internation-

process for confirming

Maxine Djourabchi, on

al economic policy, and

Fourth District Court of

consensus nominees,

October 17, 2011. “She is

investment matters for the

Appeal from 1991 to 2010.

can alleviate the crisis of

happy, healthy, and a joy,”

committee. He surprised

judicial vacancies.” He cites

Monica writes. “We could

his wife, Meg, by propos-

Jason Gabbard reor-

one example, in which

not feel more blessed!”

ing on the Speaker’s

ganized his boutique

Fourth Circuit Judge James

balcony in the Capitol

law firm in 2011 and

Wynn’s nomination was

Afi Johnson-Parris has

rebranded it as the

unanimously reported by

2002

on May 20, 2011. They were married on April 14

been named chair of the

Forefront Law Group. The

the Judiciary Committee,

at the Little Sanctuary at

North Carolina Bar

firm employs 12 attorneys

but it took more than six

Carter Burwell has joined

St. Albans School on the

Association law practice

exclusively focused on

months for the Senate to

the national security &

Cathedral grounds. They

management section for

growth stage companies

confirm him by unanimous

international crime unit at

live in Washington, D.C.

2012–13. Last year she

and the institutions and

consent. Wynn’s seat had

the U.S. Attorney’s Office

investors that capitalize

been unfilled for 16 years.

for the Eastern District of

on international trade and

participated in the American Bar Association’s

them, ranging from MBOs

Klepper suggests a

Virginia. He was previously

Bernd J. Hartmann LL.M. just finished his

to venture capital deals to

way to help de-politicize

an assistant U.S. Attorney

second book on public

leadership program.

traditional private equity

the judicial confirmation

in New York.

liability law. Last year he

Johnson-Parris has a solo

plays. Forefront currently

process and clear Senate

was a visiting professor

practice in Greensboro

has offices in New York

schedules for matters of

Drew Cannady joined the

to Heidelberg University

specializing in divorce and

City and Greenwich, Conn.,

real public controversy. He

office of chief counsel,

School of Law. He has

family law.

and is in the process of

proposes the Senate adopt

United States Secret

been teaching classes on

opening a third office

a rule that whenever the

Service, in 2009, where he

German constitutional

In July Ryan M. Malone re-

in San Francisco, where

Judiciary Committee

practices employment,

history and European

ceived a champion award

Gabbard hopes to recruit

reports a nominee without

tort, and constitutional law.

a partner-level attorney

opposition, a voice vote

to build the Bay Area

be taken within 48 hours.

business.

national diversity

Union law at the University

from the National Law

of Muenster School of

Journal. The award honors

Paul DeLaney joined

Law. Two of his recent

attorneys who uphold the

Such a rule, he argues,

the Senate Finance

articles are forthcoming

profession’s core values

would encourage the

Committee at the

in an English translation,

through public service,

Steven M. Klepper’s

President to choose

beginning of the 112th

one on “Self-Interest and

pro bono efforts, and

commentary, “Confirming

nonpartisan nominees

Congress in February

the Common Good in

advocacy for civil liberties.

Consensus Nominees

with excellent credentials.

Quickly,” appeared in the

Ultimately people would

September issue of The

have more confidence in

Federal Lawyer. Klepper

the federal judiciary and

Lesley Pate Marlin ’02 and her husband, Harry,

notes in his piece how

swifter justice would be

welcomed twin boys, Hunter Peyton and Colby

the federal judiciary is

served by the courts.

Lyon, on June 5. She is a labor and employment

increasingly overworked, vacancies on the bench

76 UVA Lawyer / Fall 2012

Klepper is a principal

lawyer for General Dynamics Information

with Kramon & Graham

Technology in Fairfax, Va., and the family resides in

in Baltimore, Md., where

Arlington.

Class notes …

National Law Journal specifically highlighted

officers on a daily basis. De Pontes advocates a

Stefan Teichert writes

largest jury verdict ever

that after nearly a decade

rendered in the jurisdic-

cap-and-trade proposals.

his involvement in the

series of improvements to

of BigLaw life, he has left

tion. Beshear is a member

West Memphis Three case

the law aimed at making

the billable hours behind

with Stites & Harbison

that resulted in freedom

the Conselho Fiscal more

and is splitting his time

in Louisville, where his

for his client, Damien

effective: independence

as an advisor with career

practice includes litigation,

Echols, and the other two

of members, enhanced

services at the University

business and finance,

defendants, and his recent

qualifications and a

of San Diego School of

non-profit, environmental,

victory before U.S. Court

liability regime are among

Law and as a trip leader for

and economic develop-

of Appeals for the Fourth

the changes discussed

Backroads, an active travel

ment matters. He was

Circuit, in which the court

by the author. The book

company focusing on

selected for inclusion

J. Dalton Courson was

held that voter registration

may be found at www.

cycling, hiking, and other

in Best Lawyers 2013 in

named one of the best

records must be disclosed

almedina.com.br.

outdoor adventures.

commercial law.

to the public under the

De Pontes is Professor

LGBT litigators under 40 in 2012 by the National LGBT

National Voter Registration

of Law at the Insper School

Amy Trueblood and

Rachel Brewster

Bar Association. The award,

Act. Also in July, Ryan and

of Law in Sao Paulo and at

her husband, Andrew,

recently joined the faculty

given at the annual

a team from Ropes & Gray

the Mackenzie Univer-

welcomed a second little

at Duke Law School in

Lavender Law Conference

received the Mid-Atlantic

sity in Sao Paulo, and vice

boy to the family, Thomas

Durham, N.C., where

and Career Fair held in

Innocence Project’s

president at the Legal

Hillman Trueblood, on

she will also serve as

Washington, D.C., in

Champion of Justice

Department of Barclays in

January 6.

co-director of Duke’s

August, goes to outstand-

Award for their work on

Brazil.

Center for International

ing lawyers who have

William J. Zawrotny has

and Comparative Law. Her

demonstrated a profound

the West Memphis Three case. Ryan has practiced in

Beth Richardson and

been promoted to partner

academic focus includes

commitment to LGBT

the government enforce-

her husband, Michael

at Jones Day in Atlanta,

international trade,

equality. He was also

ment group with Ropes

O’Rourke, welcomed

Ga., where he focuses his

international relations

honored as a Leader in the

& Gray in Washington,

a second son, William

practice on mergers and

theory, and global eco-

Law for 2012 by New

D.C., since 2002. He and

Erlander O’Rourke on

acquisitions, cross-border

nomic integration. She was

Orleans CityBusiness. At

his wife, Elizabeth, live

October 4, 2011. “Lan” is

transactions, and general

a visiting faculty member

this year’s ABA meeting,

in Washington, D.C., and

named after Beth’s father.

corporate counseling. He

at Duke Law during the

Courson was reappointed

Dewey Beach, Del.

Big brother Jack enjoys his

was married to Alene

fall 2011 semester, when

to serve as co-chair of the

new playmate.

Zawrotny on July 16, 2011.

she taught international

American Bar Association

Former visiting scholar,

trade and a seminar on

section of litigation LGBT

Evandro de Pontes,

international law and

litigator committee. He

international relations

was also appointed as the

2003

published O Conselho

theory. She served as an

section of litigation’s

abertas Brasileiras. In Brazil,

Andrew G. Beshear was

assistant professor of law

liaison to the ABA

the oversight authority for

lead counsel in a success-

and an affiliated member

commission on sexual

corporations falls within

ful suit his clients, the

of the Weatherford Center

orientation and gender

the duties and responsi-

owners of a truck school in

for International Affairs at

identity. Courson is a

bilities of the Conselho

Kentucky, brought against

Harvard University since

member with Stone

Fiscal, a kind of separate

the city of Hillview. The

2006 and previously was

Pigman, where he has a

Fiscal nas Companhias

board of directors ap-

George P. “Trey” Sibley III

judge ruled that the city

a Bigelow Fellow at the

litigation and trial practice

pointed by shareholders.

has made partner with

breached its contract with

University of Chicago Law

with a focus on insurance

Brazilian law on corpora-

Hunton & Williams in

Truck America Training

School. In 2008 she was

coverage, creditors’ rights,

tions ensures segregation

Richmond, Va., where he is

over the purchase of land

legal counsel in the office

and bankruptcy and

from the classic board of

a member of the litigation

adjacent to the school, and

of the United States Trade

business litigation.

directors, or Conselho de

and intellectual property

the jury determined that

Representative, where she

Administração, which is

team, focusing his practice

the city had damaged the

worked on legal issues

Timothy Howell has been

responsible for the busi-

on complex environmental

business in the amount of

relating to U.S. agriculture

elected partner at Cahill

ness activities managed by

litigation.

$11.4 million. It was the

subsidies and domestic

Gordon & Reindel in New

UVA Lawyer / Fall 2012 77

Class notes …

York City, where his prac-

He is a partner with

hiring committee for VLP.

tice focuses on finance and

Hunton & Williams in

He has vowed that UVA

Fraser Reid ’04 and

capital markets. He and his

Washington, D.C., where

will overtake Stanford and

his wife, Christy,

wife, Liz, live in Brooklyn

he focuses his practice on

the University of Chicago

welcomed their

with their daughter, Mary

antitrust, intellectual

as the most represented

daughter, Celia

(5), and son, Grover (4).

property, and other

law school in the firm, and

Frances, on April 8.

complex commercial

is interested in bringing in

litigation.

a few more partner-level

less, but is much happier.” He and his family have

UVA Law attorneys.

moved to Mobile, Ala., where he has joined

Nick Landau and Blair Lanier ’05 are living happily

Fraser is “sleeping

McDowell Knight Roedder & Sledge.

in Birmingham, Ala., with

Andrew Toebben has

their 3-year-old daughter,

been named a “Fast Track”

Indira, and their newborn

lawyer by The Recorder, a

son, Wyatt. Nick is a patent

California provider of legal

attorney with Bradley

news. All honored attor-

Meghan M. Cloud has

Michael Signer mar-

Arant Boult Cummings.

neys practice in California

been named a Virginia

ried Emily Lorraine

Blair is an IP valuation and

and are in their first ten

Super Lawyers Rising

Blout at the Clifton Inn

licensing consultant to the

years out of law school.

Star for 2012 in the

in Charlottesville on

Medici Portfolio.

Toebben is a partner with

area of civil litigation

March 30. A.E. Dick

2004

VLP Law Group, where he

defense. She is counsel

Howard ’61 led the

Aaron Lawlor and Hiren Patel are celebrating

chairs the corporate, secu-

with McGuireWoods in

ceremony. Emily is

rities, and M & A groups.

Charlottesville.

studying for a master’s in

the five-year anniver-

His practice focuses on

sary of the company they

counseling high-tech

Nuala E. Droney has been

Steven M. Haas is a partner

founded, Aphelion Legal

startups, venture capital-

appointed by Connecticut

with Hunton & Williams in

University at Fort McNair in

Solutions. Aphelion

ists, entrepreneurs, and

Governor Dannel P. Malloy

Richmond, Va., where he is

Washington, D.C. Michael

provides e-discovery con-

angel investors. He has

to the board of directors of

a member of the corporate

owns Madison Law and

sulting, document review,

structured more than

the Connecticut Housing

team. He focuses his

Strategy Group, a law firm

contracts management,

40 emerging technol-

Finance Authority. The

practice on mergers and

in Arlington, Va., and is a

and legal staffing services

ogy businesses and has

CHFA is a quasi-public

acquisitions, corporate

visiting professor of gov-

domestically and offshore.

handled more than 100

housing agency that works

law, and corporate

ernment and international

The company has offices in

company and investor-

to expand affordable

governance.

affairs at Virginia Tech.

Ashburn, Va., where Lawlor

side transactions.

housing opportunities for

works, Houston, Tex.,

In addition to his leader-

strategic security studies

Connecticut’s low- and

Bryan Rhode has been

ship role at VLP, Toebben

moderate-income families

appointed a commissioner

Chennai, India. Learn more

maintains a commitment

and individuals. Droney

to the Virginia Department

at www.aphelionlegal.com.

to community service and

is with Robinson & Cole

of the Alcoholic Beverage

pro bono work. In 2008 he

in Hartford, Conn., where

Control Board.

took a leave of absence to

she is a member of the

serve as deputy director

litigation section. She

Christopher Richardson

of voter protection in

focuses her practice on

is moving back to the

Virginia for Barack Obama’s

complex litigation in

Houston, Tex., office of

presidential campaign.

federal courts, including

Vinson & Elkins after

where Patel works, and

at the National Defense

He sits on a number of

antitrust, patent, trade

almost six years in the

non-profit boards and

secret, trademark, unfair

firm’s Hong Kong office.

traveled through India on

trade practices, fraud,

He focuses his practice

Kathryn Morrison Sneade ’04 and Brad

an economic development

and contract disputes.

on international energy

Sneade welcomed

transactions.

Dylan Michael on

Ryan Shores was named

tour with the Los Angeles

Connecticut Super Lawyers

one of five Rising Stars by

Chamber of Commerce

has named her a rising star

February 11. Dylan

Law360 in the field of

in April.

in business litigation for

joins his big sister,

the past two years.

Cayley (3).

competition law in 2012.

78 UVA Lawyer / Fall 2012

Toebben is head of the

Class notes …

Tigerron A. “Tiger” Wells

Republican, has a five-year

Scott Carr and his

term that expires June 30,

wife, Sarah Waziruddin,

Trevor McFadden ’06

2016. Meidhof previously

welcomed their first

and Kelly McFadden

served for three years as a

son, Zain Patrick Noor

’08 joyfully announce

prosecutor in FERC’s Office

Carr, who was born on

the birth of their

of Enforcement.

Christmas Day 2011. Scott

daughter, Kathryn Rose

is an associate at Carroll

(“Katie”), on July 17.

2005

Burdick & McDonough in San Francisco.

graduated from the Riley Institute’s Midlands

Katie Bagley and her

Blair Lanier and Nick

Diversity Leadership

husband, John Glenn,

Landau ’03 are living

who knew him, Clinton

by the Diplomatic Courier

Initiative, a statewide

welcomed their first

happily in Birmingham,

expressed his spirituality

and Young Professionals

leadership program in

child, Magdalena Marie,

Ala., with their 3-year-old

as a truly kind, loving, and

in Foreign Policy. He was

South Carolina, in June. His

on September 26. They

daughter, Indira, and

giving young man. He felt

noted as a practitioner

group created a Web-

live in Washington, D.C.,

their newborn son, Wyatt.

a strong affinity for nature

who “changes foreign

based resource for

where Katie works as an

Blair is an IP valuation

and spent as much time as

policy from the inside

companies targeting and

appellate attorney for the

and licensing consultant

possible engaged in out-

through extraordinary

recruiting diverse

U.S. Department of Justice

to the Medici Portfolio.

door activity—bicycling,

professionalism and skill.”

candidates to the state’s

tax division.

Nick is a patent attorney

hiking, kayaking, swim-

with Bradley Arant Boult

ming, and photography.

Midlands region. The new

Mitre is a foreign affairs specialist in the office of the Secretary of Defense,

Web site provides links to

Travis Batty and Jasmine

organizations, activities,

Mitchell were married

Daniel V. Shapiro has

where he is responsible

and resources that show

on July 28 at King Family

Clinton S. McHugh

joined the United States

for defense strategy and

how the area has

Vineyards in Crozet,

passed away suddenly

Attorney’s Office for the

strategic analysis. He has

embraced diversity. Wells

Va. The groom’s “crew”

on July 17 while hiking

District of New Jersey as

been at OSD since 2007,

is also a graduate of the

included fellow classmates

in the Colorado Rocky

an assistant U.S. Attorney

working on the U.S. global

Leadership Columbia class

Peter Patterson and

Mountains. He was in the

in the criminal division.

defense position and

of 2011. He is a share-

David Thomas. Batty is

process of completing a

strategic guidance docu-

holder with Haynsworth

an associate with Sidley

master’s of Public Policy/

ments. Mitre has toured

Sinkler Boyd, where he is a

Austin in New York City,

Public Administration at

member of the public

where he focuses his

Northwestern University.

finance team. He advises

practice on capital markets

Following Law School,

Jim Mitre has been hon-

the Presidential Manage-

clients, including towns,

and other commercial

he was an associate

ored as one of the 99 most

ment Fellowship Program

cities, counties, and school

transactions.

at Kirkland & Ellis and

influential foreign policy

and graduated from the

Skadden, Arps, Slate,

leaders under the age

Department of Defense

of 33, or the “99 Under 33,”

Executive Leadership

districts, on how to issue

Cummings.

2006

the U.S. embassies in Nairobi and Kabul through

bonds as a way to finance

Brett A. Bush has joined

Meagher & Flom in

capital projects.

Iseman, Cunningham,

Chicago. He served as

Riester & Hyde as associate

general counsel for the

In June Robin Zimmerly

attorney in Albany, N.Y.,

Rapid Transit Authority in

Meidhof accepted a posi-

where he focuses his

Chicago until June, when

Ilana Yergin-Doniger ’06

tion as a legal and policy

practice in the areas of

he and his wife, Susan,

and her husband, David,

advisor for Commissioner

health care law and busi-

relocated to Greenwood

welcomed their son, Harrison

Tony Clark, who is in his

ness transactions. He also

Village, Colo., to begin a

Asher Yergin-Doniger, in

first term on the Federal

advises clients regarding

new chapter in their lives

April. “Harrison is a complete

Energy Regulatory

liquor licensing matters

together. He is survived

joy, and we couldn’t be any

Commission, having been

before the New York

by his wife; his parents, Dr.

more grateful that he is a

nominated by President

State Liquor Authority.

Carl and Linda McHugh;

part of our lives,” she writes.

Obama and sworn in

Previously he was with

and his brother, Colin

on June 15. Clark, a

Drinker, Biddle & Reath.

(Amber) McHugh. To all

UVA Lawyer / Fall 2012 79

Class notes …

Nimer Sultany LL.M.

Based in Falls Church, Va.,

Adam B. Schwartz has

since graduation, Edward

OSD, he co-founded and

graduated from Harvard

K4 Solutions provides

joined the major crimes

Huff Mullen II (“Huff”) and

worked as an analyst

Law School last May

contract administrative,

and narcotics section of

Davis Cole Mullen.

at the SITE Institute, a

with a doctor of juridical

financial, and information

the U.S. Attorney’s Office

counter-terrorism research

science degree. During

technology services and

for the Eastern District of

Natalie Shonka recently

organization.

2012–13 he will be the

expertise to departments

Virginia in Alexandria. He

received the Spirit of Volunteerism Award given

Program. Before joining

Baldy Postdoctoral Fellow

and agencies throughout

was previously with the

John Sherman recently

in Interdisciplinary Legal

the federal government.

U.S. Attorney’s Office for

by the Downtown Evening

published his first novel,

Studies at the Baldy Center

the District of Columbia.

Soup Kitchen in New

Before the Flood, in which

for Law & Social Policy,

Chris Nasson is prosecut-

a young man claims to

SUNY Buffalo Law School.

Haven, Conn. The award

ing white-collar crime as

Anika Steffen and her hus-

recognizes businesses,

be the Second Coming

an Assistant United States

band, Justin, welcomed

groups, and individuals

of Christ and begins to

Attorney for the Eastern

their daughter, Arianna,

who lead effective work-

District of Kentucky.

in February. Anika has

place volunteer efforts

convince the skeptical

2007

opened a photography

linked to their business

his story (see In Print).

Everton E. Morris

Aaron Peskin and his wife,

business, Anika Steffen

objectives. Once a month

Sherman is an investment

assumed the role of

Lexi, welcomed their first

Photography, anikastef-

Shonka leads lawyers

banker with Edgeview

general counsel of K4

child, Charlotte Temple

fenphotography.com.

and staff from Wiggin

Partners in Charlotte, N.C.

Solutions, Inc. on May 1.

Peskin, on February 17.

journalist covering

and Dana in preparing

Jackie Wernz and her

and serving free meals

husband, Matt, welcomed

for the community at the

their first son, Isaiah David,

soup kitchen. Shonka is

on January 30.

an associate in the firm’s litigation department.

2008

Reginald Wiliamson

Kelly McFadden and

proud to report the birth

Trevor McFadden ’06 joy-

of our first son, Reginald

fully announce the birth

Ashton Williamson, Jr. ‘Ash,’

writes, “Patricia and I are

of their daughter, Kathryn

who was born August 20.

Rose (“Katie”), on July 17.

We are both enjoying practicing in Atlanta.”

Edward A. Mullen is an associate with Reed Smith

atricia Williamson is

in Richmond, Va., where he

practicing real estate

has an administrative and

with Schreeder, Wheeler

legislative practice before

& Flint, while Reginald is

Virginia state agencies and

in the construction and

Matthew Sait LL.M. ‘06 co-presented a three-day training course on legislative

the general assembly. He

infrastructure group at

drafting for lawyers of the Royal Bhutanese Government in Thimphu in April.

was named a rising star

Kilpatrick, Townsend &

Bhutan is located in the Himalayas, bordered in the north by China (Tibet) and in

by Virginia Super Lawyers

Stockton. “We are looking

the east, south, and west by India. It has been a monarchy since the start of the last

2010–12 in administrative

forward to seeing our

century and recently became a democracy, with its first elections held in 2008 and

law and was recognized by

friends and classmates at

its next elections due this year. The training was part of an Australian Agency for

Virginia Business Magazine

our 5th this spring.”

International Development project aimed at developing various aspects of the law

as a Legal Elite for

and justice sector in Bhutan.

legislative, regulatory, and

Sait has been drafting legislation with the Australian Government’s Office of Parliamentary Counsel in Canberra since 2004.

administrative law in 2011. He and his wife, Jennifer, have had two children

80 UVA Lawyer / Fall 2012

Class notes …

Young Alumni

Washington D.C. 2012

Washington, D.C.-area young alumni gathered at the W Hotel’s Studio 1 in September. Above, left to right: Christina Valencia ’09, Jennifer Jessie ’09, and James Billings-Kang ’08 Top right, left to right: Libbie Canter ’08, Laura Holland ’08, and Allison Barra Nicholson ’09 Bottom right: Anna Markham Sanders ’07, left, and Alissa Ardito ’07

2009

researches and drafts

community service project

memoranda to settled

that benefits the Dallas

parties, settlement

area. Eason is with Bell

neutrals, and courts; and

Nunnally, where she is a

interfaces with counsel for

member of the bankruptcy

settled parties.

and financial restructuring and litigation practice

Jacob S. Woody has joined

Sarah Copeland will marry

Nicole Eason has been

groups. She focuses her

Brown Greer as senior

Ryan O. Dean on May 25,

selected to participate in

practice on bankruptcy

counsel in Richmond, Va.,

2013. She is with Carr

the 2012 Dallas Association

and business related

where he interprets and

Orran L. Brown Jr. has

McClellan in Burlingame,

of Young Lawyers

litigation, including

applies complex settle-

joined Brown Greer as

Calif., where she focuses

Leadership Program.

representation of banks,

ment agreement

senior counsel in

her practice on estate

Participants learn about

debtors, secured and

provisions and creates and

Richmond, Va., where he

planning and trusts &

the city of Dallas, its

unsecured creditors, DIP

maintains systems that

designs mass claims

wealth transfer.

politics, and service

lenders and equity holders

ensure quick and accurate

programs; interprets

opportunities with local

in bankruptcy cases in a

claim determinations.

complex settlement

non-profit organizations.

range of contested matters

agreement provisions;

They also take part in a

and adversary proceedings.

UVA Lawyer / Fall 2012 81

Class notes …

David John Madgett is cur-

in facilitating the needs of

well as employee

Counsel in its annual

the Virginia. Polillo is with

rently serving as a judge

the criminal justice reform

compensation and

writing competition. She

Veirano Advogados (www.

advocate for the U.S. Air

council.

benefits matters.

was honored for her

veirano.com.br), where

Force and was appointed

winning article, “‘Equitable’

he focuses his practice on

chief of justice for the 319

Relief Under ERISA: Where

international and domestic

the Court’s Interpretation

arbitration.

Air Base Wing at Grand

2011

2012

Stands and the Need to

Forks Air Force Base in North Dakota.

2010

Elizabeth W. Chan is an as-

Redefine Its Analysis to

sociate with Hollingsworth

Reflect the Trust-Law Basis

joined Bradley Arant Boult

in Washington, D.C., where

of ERISA” at the college’s

Cummings in Birmingham,

she practices in the toxic

annual dinner in Boston,

Ala., where he will serve

torts and products liability

Mass., on September 15.

as a member of the

Sean Michael Solomon has

Saira K. Najam clerks with

groups. She was a summer

federal district judge

Lynzi Archibald has joined

associate with the firm.

Barbara M.G. Lynn in

Miller & Martin as an

the Northern District of

associate in the litigation

Elizabeth C. Josephs has

in Sao Paulo this summer.

as an intern for Judge

Texas. Saira and Samir

department in

joined Bradley Arant Boult

Among them was Ivon

Thomas A. Varlan of the

celebrated the birth of

Chattanooga, Tenn.

Cummings in Birmingham,

Pires ’82, S.J.D. ’86, (the

Federal District Court in

Ala., where she will serve

Law School’s first Brazilian

the Eastern District of

Anna L. Craft is an

as a member of the

LL.M. student). The next

Tennessee.

associate with Bradley

litigation and intellectual

alumni meeting was set

Corrie Sirkin and her

Arant Boult Cummings in

property practice groups.

to take place in Rio de

husband, David, are

Birmingham, Ala., where

She was a summer associ-

Janeiro in November.

pleased to announce the

she is a member of the

ate with the firm during

Polillo has become a “UVA

birth of their first children,

litigation practice group.

Law School.

ambassador” in Brazil. He

twin boys, Cole and Chase

Previously a summer

Sirkin, on May 11.

associate at the firm, she

Emily C. Lechner won the

also served as a clerk

2012 Sidney M. Perstadt

at the University of

Nick Timmons and his

with the Shelby County

Memorial Award given

Sao Paulo Law School and

wife, Megan, welcomed

District Attorney’s Office in

by the American College

at another, FAAP, about

a daughter, Harper Ann,

Columbiana, Ala.

of Employee Benefits

getting an LL.M. degree at

their daughter, Inaya Sufi Najam, on January 25.

bankruptcy, restructuring,

Renato Polillo LL.M. and

and distressed investing

14 other LL.M.s gathered

practice group. He served

was recently invited to speak to Brazilian students

on April 7. Timmons is an associate in the corporate finance division with Stinson Morrison Hecker in Kansas City, Mo.

W. Thomas Worthy was promoted to deputy executive counsel in the

Daniel J. Gocek has joined

office of Governor Nathan

Jaeckle Fleischmann &

Deal of Georgia. Worthy

Mugel in Buffalo, N.Y.,

practiced law for a year in

where he is an associate in

Birmingham, Ala., before

the tax and employee

joining Deal’s in-house legal

benefits property practice

staff as public safety policy

groups. He will focus his

advisor in September 2011.

practice in tax planning

Among other responsi-

and consulting, including

bilities in his new position,

federal, state, partnership,

Worthy will have a large role

and corporate taxation, as

82 UVA Lawyer / Fall 2012

International alumni in Brazil, from left to right: Cláudia Politanski; Carmen Tiburcio; Ramom Rotta; Luís De Chiara; Pedro Paulo Barreto (crouched); Renato Polillo (center); Fernanda Nardy; Bruno Furiati; Ivon Pires; Fabio Rezende ; and Leonardo Cruz

In Memoriam

John F. Catterton ‘39 Henrico, Va. May 17, 2012

Henry H. Whiting ‘49 Winchester, Va. September 17, 2012

Leland Victor McFall ‘53 Roanoke, Va. June 30, 2012

Alan Bentley Comess ‘61 Virginia Beach, Va. September 6, 2012

Michael R. Hollis ‘78 Atlanta, Ga. June 18, 2012

Vance M. Fry ‘40 Orange, Va. August 10, 2012

George V. Lauder ‘50 Washington, D.C. July 25, 2012

Kent D. Thorup ‘53 Centreville, Va. February 29, 2008

Daniel Hartnett ‘61 Accomac, Va. April 20, 2012

George R. Reinhardt, Jr. ‘78 Tifton, Ga. June 27, 2012

L. Harvey Poe, Jr. ‘41 Annapolis, Md. March 30, 2012

Robert Earl Parr ‘50 Louisville, Ky. June 6, 2012

Herbert Charles Harper ‘54 Clifton, Va. September 13, 2012

John J. Hamilton ‘62 Miami Beach, Fla. September 19, 2012

Barbara A. Beans Herrman ‘82 Fort Washington, Pa. June 9, 2012

Guy Rutherfurd ‘42 New York, N.Y. May 27, 2012

Richard Taplitz ‘50 Greenbrae, Calif. August 30, 2012

Richard P. Tillack ‘54 Eugene, Ore. June 6, 2012

John Latane Lewis III ‘62 Powhatan, Va. May 8, 2012

Roane Waring, Jr. ‘47 Memphis, Tenn. August 28, 2012

Seymour R. Young ‘50 Alexandria, Va. October 11, 2012

Robert R. Beezer ‘56 Seattle, Wash. March 30, 2012

James Reinhardt McKenry ‘62 Virginia Beach, Va. July 10, 2012

Christopher J. Powers ‘82 El Paso, Texas June 21, 2012

R. Baird Cabell ‘48 Franklin, Va. July 21, 2012

Jack N. Kegley ‘51 Charlottesville, Va. May 18, 2012

Robert F. McCulloch ‘56 Washington, D.C. September 15, 2012

Charles D. Bradley ‘63 Hamden, Conn. November 30, 2011

Amy E. Harte ‘84 Surry, Va. June 9, 2012

Nathaniel R. Coleman, Jr. ‘48 Norfolk, Va. August 13, 2012

William H. Martin ‘51 Roanoke, Va. September 26, 2010

Ernest H. Lorch ‘57 Ardsley, N.Y. May 13, 2012

William B. Noonkester ‘64 Bristol, Va. August 22, 2012

Edith H. Hull ‘84 Salisbury, Md. July 9, 2012

William C. Wampler ‘51 Bristol, Va. May 23, 2012

John B. Rees, Jr. ‘57 Athens, Ga. September 26, 2012

Bruce A. Sikora ‘66 Lee, Mass. July 31, 2012

Robert A. Gammage ‘86 Llano, Texas September 10, 2012

William F. Watkins, Jr. ‘51 Farmville, Va. August 15, 2012

Clarence W. Sharp, Jr. ‘57 Berlin, Md. September 30, 2012

Steven R. Belasco ‘70 Scarsdale, N.Y. May 8, 2012

Brett I. Miller ‘95 West River, Md. April 14, 2012

Joseph Albert Ellett ‘52 Roanoke, Va. July 19, 2010

William Craig Haus ‘58 Mesa, Ariz. October 4, 2012

John H. Cassady III ‘70 Alexandria, Va. June 21, 2012

Robert M. McLeod ‘52 San Francisco, Calif. February 7, 2012

Bayard Z. Hochberg ‘58 Charlottesville, Va. May 2, 2012

Clinton Samelson McHugh ‘05 Englewood, Colo. July 17, 2012

Robert H. Patterson, Jr. ‘52 Richmond, Va. July 12, 2012

W. D. Reams, Jr. ‘58 Culpeper, Va. March 19, 2012

Lapsley W. Hamblen, Jr. ‘53 Falls Church, Va. September 10, 2012

Thomas D. Gill ‘59 Huntington, N.Y. June 5, 2012

J. Madison Macon ‘48 Richmond, Va. August 31, 2012 G. Kenneth Miller ‘48 Glen Allen, Va. November 12, 2010 Henry E. Nichols ‘48 Chevy Chase, Md. July 20, 2012 David P. H. Watson ‘48 Ridgefield, Conn. June 5, 2012 Richard M. White ‘48 Jacksonville, Fla. June 28, 2012

Nancy K. Oremland ‘82 Santa Barbara, Calif. July 24, 2012

Frank S. Anthony ‘71 Norfolk, Mass. May 13, 2012 Clarence H. Ridley ‘71 Atlanta, Ga. May 10, 2012 John E. Schmutzer ‘77 Sevierville, Tenn. March 31, 2012

UVA Lawyer / Fall 2012 83

in print

Non-Fiction Dear Ashley: A Father’s Reflections and Letters to His Daughter on Life, Love and Hope Don Blackwell ’83 Imbue Publishing

At the beginning of Dear Ashley, Don Blackwell recalls in a letter to his daughter the pride he felt at her accomplishments the day she graduated from high school. Her academic achievements and success in the arts were exceptional, and she had been accepted at some of the best schools in the country. His heartfelt letter expressed his love and excitement for her future. Then, less than three months later, she stopped eating. For the next five years Ashley was in a life and death struggle with anorexia nervosa. This book tells the story of a father’s unconditional love for his daughter and their family’s courageous journey of healing from a life-threatening illness. With candor, Blackwell looks back on his parenting, rediscovering the joys and missed opportunities, aware that no one will ever know the true cause of a devastating eating disorder. But he explains what he knows from hard-won experience: During times of personal crisis, if we can get beyond our heartbreak to consider

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the matters of the heart that are involved, then we’ll gain a deeper understanding of ourselves, the people we are closest to, and on a larger scale, even the human condition. Each chapter of Dear Ashley focuses on a character whose story was important to the author in his journey of self-reflection and growth and also includes a letter to his daughter written either during the course of her treatment or when he was writing this book. For anyone faced with a personal crisis, Dear Ashley could become a source of inspiration, healing, and hope. Donald Blackwell is a trial attorney in South Florida.

Three Tastes of Nuoc Mam: The Brown Water Navy & Visits to Vietnam Douglas M. Branson ’74 Hellgate Press

During the war in Vietnam, more than a 1,000 miles of coastline had to be patrolled to curtail gun running, smuggling, ambush, and movement of war supplies by the Viet Cong. The waterways were too narrow and shallow for cruisers and destroyers, so the “brown water Navy” of faster and more nimble Coast Guard cutters, minesweepers, and Vietnamese junks took on the dangerous patrol. The men regularly boarded and searched junks and sampans and endured constant threat of ambush. Douglas Branson has traveled extensively through Vietnam. He made his first trip there in 1966 at the age of 22, serving as a “brown water Navy” lieutenant, junior grade. The first half of Three Tastes of Nuoc

Mam is his gripping firsthand account of service in this little-known Navy in the conflict the Vietnamese people refer to as “the American War.” Branson returned in 1995 and 2011 as a consultant and tourist. He gives travelers valuable advice on where to go and how to get there, as well as background on the country, its cultural history, and its emergence as a nation. He recounts his adventures in Vietnam with humor and insight. “[The book] is a most valuable addition to the literature of the Vietnam War—and its aftermath,” writes Karl Lindholm, Professor of American Studies, Middlebury College. Douglas Branson is the W. Edward Sell Chair in Law at the University of Pittsburgh School of Law. www.tastesofnuocmam.com.

Younger Next Year for Women Chris Crowley ’65 and Henry Lodge, M.D. workman Publishing

This book, specifically geared toward women, builds on the ideas and success of Younger Next Year, the New York Times bestseller written with men in mind. As a woman enters her fifties, she is, in many respects, coming into the peak of her life. The program set forth in Younger Next

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Year for Women offers the opportunity to become stronger, healthier, and more alert in the next third of life. The authors tell it straight: If you sit on a couch or in a desk chair all day, your cells get the signal that there is no need to grow, and your body actually begins to decay. Fortunately, the reverse is true, too: bike, swim, walk or do yoga and your muscles and bones get the signal to grow. Recommendations in this book are specific, and could at first seem daunting— in particular the exhortation to exercise vigorously six times a week for the rest of your life. But such recommendations, and the precise science behind each one, are presented along with Crowley’s irresistible enthusiasm. He is an avid practitioner of the seven rules that enable people to take better control of their bodies and their lives. “It’s hard to imagine a more fun, smart and compelling book on the subject of women and aging,” notes a reviewer. “If implementing the wisdom in Younger Next Year for Women is half as entertaining as reading it, getting older is about to get a lot easier.” Chris Crowley was a litigator and partner with a New York City law firm before he retired to live, as he declares, “more than one life.” www.youngernextyear.com.

Guide to Protecting and Litigating Trade Secrets Amy E. Davis ’98, Paula M. Bagger, Joanna H. Kim, and Jeffrey K. Riffer American Bar Association

Trade secrets are extremely important to the U.S. economy. Research shows that billions of dollars are lost each year as a result of the theft of trade secrets, and in turn,

corporations spend billions of dollars trying to prevent such theft. In 2002, the Office of the National Counterintelligence Executive reported $300 billion in losses resulting from industrial espionage. The Guide to Protecting and Litigating Trade Secrets is an invaluable source for anyone involved in this fascinating and important area of law. In addition to providing a broad, academic view, Guide to Protecting and Litigating Trade Secrets covers the fields in which trade secrets are heavily litigated to illustrate important concepts, and includes litigation approaches in other areas as well. The book draws on current, real-life examples of trade secret cases and the litigation experience of Davis and her coauthors to provide practical and invaluable advice to the business owner, small legal department or firm, and solo practitioner. The authors explain exactly what trade secrets are, why it’s important to protect them, and how to protect them. They also detail what misappropriation of trade secrets involves, remedies for that problem, and the roles of restrictive covenants and civil action. Davis is a trial attorney in business and employment law in Dallas, Texas.

Governor’s Travels: How I Left Politics, Learned to Back Up a Bus, and Found America Angus King ’69 Down east

When Angus King was elected Governor of Maine in 1994 in his first campaign for public office, he had a law practice, a family, and a successful alternative energy business. He had also been the host of a TV talk show for 15 years. He never saw himself as a career politician; he thought public service was something he would do “in between stints at real life.”

So at the end of his second term as Governor, he set out with his wife, Mary, and children, Ben (12) and Molly (9), on a sixmonth-long, real-life adventure across the United States in a 40-foot RV. Governor’s Travels: How I Left Politics, Learned to Back Up a Bus, and Found America traces their 15,000-mile journey through 33 states. The challenges of life on the road and discoveries made along the way offered him a refreshing new perspective. He describes his book as “part travelogue, part executive transition manual, and mostly a celebration of family and the fun of seeing our fabulous country.” From the sweeping vistas that seemed to stretch forever to the overpass heights that challenged the size of his rig, Governor’s Travels gives readers a sense of being along on a wonderful road trip. Crisp, full-color photographs illustrate the narrative, which is rendered with descriptive details and touches of humor. First-time RVers will find a lot of practical tips for their own journeys; travelers with smaller vehicles will enjoy the trip, too. Angus King was elected to the U.S. Senate in November, as an independent representing Maine.

The First American Political Conventions: Transforming Presidential Nominations, 1832-1872 Stan M. Haynes ’83 McFarland & Company

Modern American conventions, political spectacles bar none, echo many of the rules and the traditions developed in the first conventions that date from the 1830s. The First American Political Conventions: Transforming Presidential Nominations,

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1832-1872 traces the first four decades of development of this quintessential American experience and includes the campaigns of leading political figures, including Andrew Jackson, Henry Clay, and Abraham Lincoln. Stan Haynes describes the events, the candidates, and the most important issues, speeches, and events from the period. He conveys the suspense surrounding the dark-horse candidates, deals made behind closed doors, the celebratory parades, and traces the origins of some of the most colorful traditions on the convention floor, including the roll call of the states. The author explains subtle changes that occurred from one election to the next and the more dynamic changes brought about with technology—the railroad and telegraph, for example. H.L. Mencken, whose hometown, Baltimore, was the site of the first national conventions with a monopoly for a dozen of them between 1832 and 1864, once wrote that political conventions offered “… a show so gaudy and hilarious, so melodramatic and obscene, so unimaginable, exhilarating and preposterous that one lives a glorious year in an hour.” A lot can be learned in that hour, it turns out, about the dynamic nature of American politics. “A richly detailed analysis of the origins of the American national nominating convention process,” writes one reviewer. “[A] fascinating and entertaining look at the way these quadrennial gatherings used to be—before primaries and

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caucuses took all the drama and fun out of them,” notes a review in the Baltimore Sun. Stan Haynes is a practicing attorney in Baltimore with a lifelong interest in American political history, especially presidential history. www.americanpoliticalconventions.com

Winners & Losers: Rants, Riffs & Reflections on the World of Sports Bob Latham ’83 Greenleaf Book Group Press

Lawyer and sports writer Bob Latham is a serious sports fan—much more comfortable outside the press box or VIP section than in it, because he wants to feel the game, not just watch it and analyze it. Winners & Losers: Rants, Riffs & Reﬂections on the World of Sports, a compilation of 58 essays and articles that capture the author’s experience on pilgrimages he’s made to sporting cathedrals and sports events around the world. His courtside observations allow us to witness the triumphs, the losses, the drama, and the personalities of sports and those who dedicate their lives to it. There are anecdotes here to delight fans of all sports. In addition to his keen observations, Latham includes a humorous critique of the Secretariat statue at Belmont, a witty commentary on the NCAA policy on mascots, and an eyewitness account of Mohammed Ali’s 70th birthday party. “At one point when I pulled out my camera to capture a particular scene, I realized that in one frame I had the unlikely trio of Ali, Snoop Dogg and Buzz Aldrin,” he writes.

U.S. tennis great Jim Courier notes, “The real stories in sport are located somewhere beyond the box scores. This collection of essays enlightens, entertains, and spotlights the reason we care so much about sports—the people involved.” Bob Latham is a litigation attorney in Dallas, Texas, and a columnist for SportsTravel magazine. He has been an International Rugby Board executive committee member, chairman of USA Rugby, and a member of the board of directors of the U.S. Olympic Committee. www.lathamsports.com.

Evolution’s Purpose: An Integral Interpretation of the Scientific Story of Our Origins Steve McIntosh ’87 SelectBooks

What is the purpose of evolution? Everything, including life, matter, and culture, is subject to the process, and science has shown evolution to be progressive through time. What if evolution was a way to bring science and spirituality together? This intriguing idea is at the heart of Evolution’s Purpose. Steve McIntosh takes readers from pre-biotic life forms through modern civilization and presents a new interconnected understanding of philosophy and science. “The philosophical recognition of evolution’s purpose uplifts science and spirituality by better integrating and harmonizing these two indispensable approaches to truth,” he writes. McIntosh, an integral philosopher and member of Deepak Chopra’s “Evolutionary

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Leaders” group, explains how the real meaning of evolution is to gradually open into greater understanding of beauty, truth and goodness. We experience evolution and are a part of it every time we make an effort to improve our own lives or the lives of others; in a sense, to understand evolution’s purpose we need only to look within ourselves. The author makes a compelling case for how a deeper understanding of evolution can lead to a more evolved world. He explains how the science behind the story of our origins is compatible with ideas in contemporary spirituality. McIntosh is a founding partner of the Institute for Cultural Evolution, a think tank and social policy foundation. www. stevemcintosh.com.

Richmond: One of America’s Best Tennis Towns Eric C. Perkins ’96, Tom Hood, and John Packett Dementi Milestone Publishing

Richmond: One of America’s Best Tennis Towns traces more than a century of tennis history in Richmond, Virginia. Many people know that tennis great Arthur Ashe grew up in Richmond; he started playing tennis at a segregated playground at the age of 7. Ashe led the U.S. tennis team to victory in a Davis Cup tie that took place in 1968 at Richmond’s Byrd Park— the same public courts he was turned away from as a child. But Ashe wasn’t the first Richmond tennis player to make it into the U.S. Top 10— that was Penelope Anderson, who played the women’s tennis circuit in the 1920s. This book includes her story and

the stories of other great players, teams, and organizations that have secured Richmond’s place as an important tennis town. The Southeast’s first indoor tennis courts opened in Richmond in the mid-’60s and several world records were set here in a women’s pro tournament in 1984, including the longest point played in a professional tennis match—a 29-minute, 643-shot rally. Nearly 200 color and blackand-white photographs, many never before published, grace the pages of Richmond: One of America’s Best Tennis Towns. John McEnroe, one of the game’s most talented and colorful players, wrote the foreword. He won tournaments in Richmond on both professional and senior tours during his competitive career. Eric Perkins has played competitive tennis for more than three decades. Since 1996 he has served as president of the Richmond Tennis Association, a public charity that promotes tennis and good sportsmanship throughout the Richmond metropolitan area. He practices business law in Richmond. www. richmondtennis.org/book.

Clinical Research and the Law Patricia M. Tereskerz ’92 wiley-Blackwell

As Clinical Research and the Law makes clear, the legal implications of conducting clinical research and clinical trials have become increasingly complex in recent years. Everyone involved in the work of clinical research and trials should be aware of the ethical issues involved and how the law affects medical practice and research. Much of the law and litigation involved in this field is relatively recent, and it is important to make sure that compliance is up-to-date on a range of key issues, including informed consent, conflict of interest, research contracts, standards and duty of care, establishment of clinical trials,

and the disclosure and withholding of the results of clinical trials. Clinical Research and the Law discusses each of these topics thoroughly and provides answers to the legal questions and potential legal challenges in medical research. This book is a practical guide for clinical investigators, their institutional administrators, health care administrators, and members of institutional review boards, and is an excellent resource for medical students, postgraduate research students, practicing attorneys, and counselors for teaching hospitals and institutions undertaking clinical research and contract research organizations. “Clinical Research and the Law provides thoughtful and practical information on a broad range of legal topics related to clinical research, with an emphasis on subject injury liability,” notes a reviewer in Journal of Clinical Research Best Practices. Tereskerz is director of the Program in Ethics and Policy at the University of Virginia’s School of Medicine Center for Biomedical Ethics and Humanities and chairs the Conflicts of Interest Committee for UVA.

The American Ideology: Taking Back Our Country with the Philosophy of Our Founding Fathers Brian Vanyo ’10 Liberty Publishing

At a time when many Americans are frustrated with the scope and power of federal government, Brian Vanyo explains how they can make their voices heard in The American Ideology. He describes the fundamental principles upon which the

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nation was founded, details how the federal government has strayed from those ideals, then outlines how American liberty can be restored and sustained. Vanyo draws on quotes by the Founding Fathers and the philosophers that influenced them, including John Locke, Charles de Montesquieu, and William Blackstone. He cites observations made by Alexis de Tocqueville in Democracy in America and relevant excerpts from speeches, laws, studies, and Supreme Court decisions, including the recent ruling on health care. The author describes what he sees as the Constitution’s true intent and warns of the dangers of departing from that original design. “In The American Ideology, Brian Vanyo pinpoints the fundamental values that made the United States the greatest nation in the history of the world,” writes Rick Santorum, Republican 2012 presidential candidate. “Anyone who cares about the future of America must read this book.” Brian Vanyo served in the Afghanistan and Iraq wars and recently worked as an analyst at the Office of Naval Intelligence and the Defense Intelligence Agency. www.brianvanyo.com.

The Road Back: A Journey of Grace and Grit by Michael Vitez CreateSpace

The remarkable recovery of Matthew Miller, the son of Michael S. Miller ’77, is

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the subject of a new book by Pulitzer Prize winning author Michael Vitez. The story begins as Matthew, a member of the UVA triathlon club, lost control of his bicycle on the Blue Ridge Parkway and crossed the center line in the path of a Porsche. He hit the car, flipped into the air, and landed on the pavement. His faced was shattered and he lay motionless and unable to breathe. Seconds later, Dr. Mark Harris, an anesthesiologist traveling in a car behind the Porsche, ran to the scene, and with an unusual maneuver few would have known to use, was able to get Matt to breathe again. That stroke of luck—having such a skilled physician at the scene in seconds—gave the young man a chance. The rest of the story is the gripping account of Matt’s survival, his iron will to not only get a life back, but the life he was aiming for before his fate took a tragic turn that day on the parkway.

Fiction The Innocent David Baldacci ’86 Grand Central Publishing

On the verge of turning 40, Will Robie was lean, muscular, cold-blooded, and at the peak of his powers. He was a hit man who never missed his target. He made a mistake once and suffered a broken nose, but he left it unset to remind him never to make that kind of mistake again. He traveled light when it came to emotions; they were a hazard in his trade. When the police, the military, and even the FBI failed to eliminate a

number-one enemy, Robie was the man to call. The latest target was located near Washington, D.C., which was highly unusual in this clandestine business. Robie’s instincts told him that something was off about his directive in this mission, and he decides not to kill when he has the chance. In the sinister realm in which he operates, his hesitation makes him a target himself, and now he’s on the run from those who hired him. As he flees the scene, he crosses paths with a 14-year-old runaway from a foster home. Her parents have been murdered, and she herself is in danger. At great risk to himself, and going against every survival instinct he possesses, Robie decides to do what he can to protect her. Something tells him that she’s a target at the center of a cover-up that involved her parents’ deaths, a plot that leads back to the highest levels of power. “Baldacci catches you from the very first page and grabs your attention until the last word,” writes a reviewer for the Lincoln Journal Star. David Baldacci and his wife, Michelle, started the Wish You Well Foundation, which promotes literacy. Visit his website at www.davidbaldacci.com.

Night Watch Linda Fairstein ’72 Dutton

In this latest thriller in Linda Fairstein’s best-selling Alexandra Cooper series, Cooper travels to France for a romantic vacation with her boyfriend, the famous chef Luc Rouget. Their time together is interrupted by the murder of a woman,

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and the only clue to the crime is a matchbox from Lutece, the famed Manhattan restaurant Luc plans to reopen. Did the dead woman, who worked as a bookkeeper for Luc, have any closer connection to him? Alex wondered, but only briefly, before she was called back to New York to work on another pressing case, in which a maid at the Eurotel has accused Mohammed Gil-Darsin, chief of the World Economic Bureau, of rape—an eerie echo of the recent high-profile incident in which a housekeeper in a Manhattan hotel made a similar accusation against Dominique Strauss-Kahn, then head of the International Monetary Fund. As Alex works her way through developments in the Eurotel case, another Lutece matchbox is discovered on the corpse of an unemployed waiter found in Brooklyn’s Gowanus Canal. Alex’s earlier doubts about Luc and the young bookkeeper come back to haunt her—until she puts clues together to make sense of it all. The author’s deft descriptions of the New York and France scenes always lend a fascinating backdrop for sleuthing. In Night Watch, Fairstein gives details of legendary New York restaurants and a look at the fast-paced, highly competitive dealings that go on behind the scenes. Linda Fairstein is a legal expert on crimes involving sexual assault and domestic violence, having served for more than two decades as chief of the sex crimes unit for the Manhattan District Attorney’s office. In this, her 14th novel, she returns

to describe intriguing places in the city she knows so well. www.lindafairstein.com.

Guilty Knowledge: A Legal Thriller Michael Monhollon ’84 reﬂection Publishing

Where We Belong Emily Gifﬁn ’97 St. Martin’s Press

At the age of 36, Marian Caldwell is a television producer living the high life in New York City. She has an exciting career and a relationship with a dashing and sophisticated man. It’s a life she’d always dreamed of, and everything seems to be falling into place. One night an 18-year-old girl named Kirby Rose arrives at her doorstep, and her knock on the door shakes the foundations of Marian’s carefully orchestrated life. When you keep a secret from people you love, how will it affect your relationships? Giffin explores that compelling theme through the alternating perspectives of the characters in Where We Belong. Marian and Kirby are about to discover things about themselves that will make them reconsider their lives and their choices and help them figure out where they really belong—in the end that could be where they least expected. “In another surefire hit, the Something Borrowed author serves up pathos, humor and one doozy of a twist,” notes Entertainment Weekly in its “Summer Must” list. “Where We Belong is a literary Rorschach test,” notes a review in the Miami Herald. “The book, while thoroughly entertaining, will also prod readers to examine choices they’ve made in their lives.” This is Giffin’s sixth novel. www. emilygiffin.com.

Alan Dougherty was a 27-year-old attorney when he had an affair with his boss’s daughter, Tracey Coleman. She was only 17. Her father found them out and Dougherty lost his job, though he managed to avoid going to prison. Plagued by guilt for his reckless behavior, he muddles through his days trying to put his life back together. Then one night, Tracey arrived at his place in a thunderstorm, armed with a gun and running from drug dealers who are looking for her. She needs a place to hide, and soon will need a lawyer to defend her on a murder charge. Getting entangled in her life again would be crazy. Can Dougherty believe her story? Will he be able to see past her dark-eyed beauty? The passion he once felt for her comes back as soon as she steps back into his life, and he may not have a choice. Michael Monhollon is fean of the Kelley College of Business at Hardin-Simmons University in Abilene, Texas. www.literaryclippings.com.

Before the Flood John Sherman ’06 Telemachus Press, LLC

In Before the Flood, a journalist receives an assignment that challenges his own beliefs to the very core. The son of an Episcopal minister, he knew the Bible well, but he had turned into an atheist and was deeply cynical about organized religion and all of its trappings. He wrote articles about religion for a San Francisco newspaper, and now an Episcopal minister wants him to write about her adopted son, Manny,

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who she believes is the Second Coming of Christ. The reporter prides himself on his objectivity, and though at the outset he’s full of misgivings, he pitches in to learn as much as possible about the young man’s life. Despite his initial doubts, he slowly begins to believe the young man’s sincerity. The deeper he digs, the more unsettling his work becomes. He’s trained to pull together the strands of a story, and he’s good at his job, but every question seems to lead to a deeper one. The Bible verses he learned as a boy came back to haunt him. “… Therefore be ye also ready, for in such an hour as ye think not, the Son of Man cometh.” (Matthew 24:36–44) Has the young man been sent to Earth by a higher power? Will he save us from our transgressions or punish us for them? Such questions underpin the narrative. John Sherman is an investment banker in Charlotte, N.C. His book is available in e-book format through Amazon and iTunes.

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Husband in Waiting Robert J. Woolsey ’67 Xlibris

There are lots of ways to prove your love is true. In Husband in Waiting, Kurt Hanrahan, a political reporter working in Vienna, meets Toni, the love of his life, at the office. Young and vivacious, she captures his imagination and his heart. He’s told other women he loved them, but he realizes he never really meant it until he met Toni. He takes the leap and proposes, and to his delight she accepts. There’s one condition, though—his bride demands they have a “test year” in which they keep their marriage absolutely secret from friends, family, and casual acquaintances. She wants Kurt to get used to being married before they share the news with the rest of the world. “I want to save you from the torture of suddenly having to help me pick out drapes for the living room,” she tells him, “and the shock of seeing my pantyhose hanging from the shower bar in the bathroom.”

An extended period of adjustment would bolster their marriage, she thinks, and help them beat the odds of divorce over the long haul. “After this first year of marriage,” she declares, “you’ll think that the remaining ones are a vacation!” Hanrahan protests, but what can he do? Besides, he realizes that Toni’s headstrong nature is one of the things he loves about her. Reluctantly, he agrees. After tying the knot they did their best to keep it a secret and set out on an adventure that would test their patience, their love, and their wits. Robert Woolsey recently retired from his practice as a trusts and estates attorney in New York and New Jersey. His first book, No Fighting in the War Room, describes his experience as a briefing officer for Army intelligence at the Pentagon during the Vietnam war.

Letter to the editor

Re: Articles on Campaign Finance Laws in the Spring 2012 Issue July 5, 2012 Dear Editor: May a classmate and personal friend of Trevor Potter [’82] weigh in from the libertarian side?* The articles explore the fine points of the campaign finance laws. But the campaign finance laws are problematic precisely because they have fine points. The First Amendment is a blunt instrument. If we believe that the motives of the promoters of campaign finance reform are pure, it is fair to ask why the promoters think United States citizens have changed and are no longer able to resist blindly accepting stupid ideas which happened to be repeated over and over. If we deny that the motives of campaign finance reform are pure, and I do, it is fair to acknowledge that it was politicians who wrote these laws, and their natural inclination was surely to protect themselves from challengers. Pious pronouncements about the danger of “too much money in campaigns” are nothing but rhetorical maneuvering by the establishment to justify stopping challengers from getting traction. I view the handwringing about limiting speech to avoid the “appearance of corruption” as acquiescence to fashion. Judges should look at the real world. If and when they do, they will figure out that campaign contributions are speech, and then conclude that restrictions and limitations on contributions violate the First Amendment. Benefits of that brighter world will include, at least: 1. Citizens will be able to participate in political campaigns by giving as much as they want to their preferred candidates, and citizens will thereby be able to fully participate in the most basic function of American life—electing people to office. 2. Challengers who are able to attract contributions from any and all sources will get their message out. 3. Candidates will be released from the charade that coordinated expenditures are uncoordinated expenditures. 4. Incumbents with fancy campaign finance lawyers will stop

being able to use complicated laws to play “gotcha” against their opponents. 5. The voters will (maybe) focus a little more on the message and a little less on who is paying for the message. 6. The great American traditions of anonymous promotion of ideas and anonymous participation in politics will be given their rightful protected place in the process, and future James Madison type graduates of our law school will fearlessly promote their ideas under the name “Publius”. 7. The press will hound candidates for their funding sources anyway. 8. The fog of the “appearance of corruption” standard will lift. 9. The exception for newspapers—a la the New York Times–which exception seems to me to violate equal protection and undermine the system anyway—will blissfully go away. 10. Knucklehead rich guys will no longer have to run for office themselves in order to spend as much as they want to spread their message. 11. Lawyers will be out of work—perhaps giving them time to do something productive. Lawyers always seem to want to solve problems by enacting rules. That mindset, however, only demonstrates a foolish conceit. Ever more complicated rules do not solve problems. Ever more complicated rules bog the nation down in quicksand. I hope America’s historic run of good luck will continue, and we will reinvigorate our trust in ourselves to hear all ideas and to incrementally adopt the good and reject the bad. Sincerely, W. Bevis Schock ’82 Saint Louis, Missouri *I was the party representative in a campaign finance law challenge which went all the way up, Shrink Missouri Government v. Nixon, 528 U.S. 366 (2000). We lost.

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Opinion

Statement of George Cohen to Board of Visitors September 13, 2012

[Ed. Note: On June 1 of this year, George Cohen, the Brokaw Professor of Corporate Law, became Chair of the UVA Faculty Senate. Nine days later, Rector Helen Dragas announced the resignation of UVA President Teresa Sullivan. As the new leader of the Senate, Cohen’s expertise on corporate governance principles helped manage the faculty’s response to the ensuing controversy. The Board of Visitors ultimately reinstated Sullivan, and Governor Bob McDonnell reappointed Dragas as Rector. Since then the faculty has requested a “clear and satisfactory explanation” about what led the Board to ask for Sullivan’s resignation. The Board has not yet responded. Cohen’s statement to the Board at its September retreat is an example of the steadying influence he brought to the crisis. We have reprinted it below (edited for length).]

ASSOCIATED PRESS

appreciate the opportunity once again to address the Board on behalf of the Faculty Senate. When I last spoke to you, in May, we were all in a very different place. … I do not need to recount what has happened since then. The question is, where are we now, and where are we headed? My understanding is that the Board as a group believes that for all practical purposes we are where we were on June 9. We have just pressed the reset button. President Sullivan is back, the Board is behind her, and they are ready to work together. Having achieved our goal, the faculty should be ready to abandon our no-confidence vote from June and affirm our confidence in the Board. Not to do so seems ungrateful and uncooperative, and potentially harmful to the University. Let me say up front and most emphatically that the faculty is extremely appreciative of the courage and good judgment the Board demonstrated by reinstating President Sullivan. I pledge to do all I can as Chair of the Senate to ensure that the faculty offer the Board our full cooperation and that we do our best to act in the best interests of the University. … To date, the Board has not provided a clear and satisfactory explanation to the University community of why it asked President

Sullivan to resign. Yesterday at the Miller Center, President Sullivan stated that she still does not understand what the “philosophical differences” were between her and the Board. Why does this matter? Because the “reset” view is a fantasy: the Board and President Sullivan were in fact not united on June 9 but had differences that were great enough to motivate the Board to take drastic action. A true reset is therefore possible only if those differences have been resolved in a mutually acceptable way. But we are not clear what the differences were, so how can we know if they have been resolved? And if they have not been resolved, how can we have confidence that the Board and President Sullivan can work together effectively? During the crisis, the concern most frequently and prominently mentioned was the absence of a strategic plan for the University, in particular a strategic plan that was bold rather than incremental. At the reinstatement meeting, the Rector stated: “Prior to these events, there seemed to be a roadblock between the Board’s sense of urgency around our future in a number of critical areas, and the Administration’s response to that urgency. Also, many of our concerns about the direction of the University remained unknown to all but a few.” These contentions raise a number of concerns. First, when President Sullivan arrived here she said that she was told not to do another strategic plan, but rather to implement the plans that had been developed. If circumstances changed after that, creating a new sense of urgency, why did the Board not publicly discuss these changes or the need for a new strategic plan? Why did the Board not formally request a new strategic plan as it did for the Medical Center and as it has now done with the formation of the new committee? Second, the suggestion that President Sullivan was putting up a “roadblock” to the Board’s goal of an effective strategic plan is in some tension with the fact that President Sullivan wrote a memo on this very topic and sent it to the Rector and Vice Rector in May. The New York Times Magazine article says this memo was “disappointing.” Is that the Board’s

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Opinion …

That should not happen. Although the Rector has stated “there was view? If so, why? We do not know. Third, when faculty learned of the an ongoing dialogue with the President over an extended period of Board’s desire for “bold” rather than “incremental” change and the time,” that is not the same thing as giving the President fair warning need for speedy action, we were naturally concerned about excessive that her job would be in jeopardy if agreed-upon goals were not met Board control over the strategic planning process. After all, faculty by a certain time. … input and buy-in, both of which are necessary if strategic planning With respect to Board-Faculty communication, the Board’s posiis to succeed, could potentially result in incremental change as well tion is apparently that the faculty have no role to play in evaluating the as a slower pace. President for possible termination, non-renewal, or reappointment. Since the reinstatement, the Board has created a special comFor example, the Rector in her June 14 statement endorsed the “central mittee on Strategic Planning, which is meeting tomorrow. The Board role of faculty governance in matters of academic programming discussed this committee and its work at its retreat in August. The and curriculum,” omitting any mention of faculty consultation on committee is headed by two new Board members with extensive presidential review or retention decisions…. experience in planning efforts, Linwood Rose and Frank Atkinson. In light of these concerns, the Faculty Senate wrote to the Board in These co-chairs have written a letter outlining an approach to strategic advance of the retreat, asking the Board to consider a self-assessment. planning that includes a strong role for faculty and the Faculty Senate We hoped that the Board would take the opportunity to discuss the and appropriately recognizes the primary responsibility of the faculty flaws in the process and potential changes to the Board and administration in planning efforts. The manual or other Board policies concerning the appropriate co-chairs also participated in a working sesprocess for reviewing and terminating or declining to renew sion called by President Sullivan, which I “… President Sullivan presidents, as [BOV member] Heywood Fralin suggested attended, and which addressed a number reiterated her view that at the reinstatement meeting. These changes could include of issues including the problems with past the proper role of the Rector and Executive Committee, strategic efforts. We applaud all of these the University is not in guidelines on compliance with the Open Meeting law and developments and the Faculty Senate stands crisis by any measure when individual Board member conversations are appropriready to participate fully and productively ate, clarification on when full Board meetings are required, in the strategic planning effort. and has proudly and the need for consulting faculty and other University Nevertheless, questions remain. Before constituents… Perhaps the Board’s new Governance and the Board’s retreat, the Provost and deans declared herself to Engagement Committee will address these issues. I hope wrote a detailed letter to the Board outlining be an unrepentant so. But we must wait and see. their approach to strategic planning. Yet, like I want to close with a few words about Faculty-Board President Sullivan’s May memo on which it incrementalist …” relations. Despite all I have said, I want to reiterate in builds, the Provost and deans’ letter was not the strongest possible terms that the Faculty Senate is discussed at the retreat or mentioned in the committed to moving forward and to reconciliation. We will work Atkinson-Rose letter. What are we to make of these omissions? Just in partnership with both the administration and the Board to make yesterday, President Sullivan reiterated her view that the University meaningful progress toward meeting our many challenges. To that is not in crisis by any measure and has proudly declared herself to be end, I have met with or had phone conversations with Rector Dragas, an unrepentant incrementalist, while the New York Times Magazine [Vice Rector] George Martin, [and BOV members] Stephen Long, article reports that the Rector still “feels her warnings of an existential Hunter Craig, and Hillary Hurd. These conversations were productive crisis will be vindicated.” Will the Board reject a strategic plan if it is and cordial, and I hope and expect to have further conversations with excessively “incrementalist” rather than “bold”? It could be, of course, these and other Board members in the coming year. that these issues are minor, never really amounted to much, will be The Rector mentioned to me the possibility that she or other addressed and adequately debated during the planning process, or Board members might participate in one of our meetings this year have been resolved. But at this point, it is hard to know. and several faculty members have conveyed the same wish. Perhaps In addition to the lack of information about why the Board made at such a meeting, some of the concerns I have outlined here could its initial judgment to seek President Sullivan’s resignation and then be addressed and finally put to bed. We look forward to the day when changed course, there remain concerns about how the Board reached not only our beloved Rotunda, but trust between faculty and Board its initial decision. The process leading to the decision appears to have is fully restored, and I hope with all my heart that day comes soon. involved inadequate communication between the Board and President The future of the University depends on it. n Sullivan, inadequate communication among Board members, and inadequate consultation with University constituent groups, including faculty. As for Board-President communication, President Sullivan has said she had no idea that the Board was going to ask her to resign.

94 UVA Lawyer / Fall 2012

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