UVA Lawyer Spring 2013

THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW

SPRING 2013

Reimagining UVA

“I know no safe depository of the ultimate powers of the society, but the people themselves: and if we think them not enlightened enough to exercise their controul with a wholsome discretion, the remedy is, not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.” —THOMAS JEFFERSON

UPCOMING ALUMNI EVENTS June 14

Tokyo Dinner Home of T.J. Della Pietra ‘85

October 2

NYC Alumni Reception Midtown Executive Club

June 15

Virginia State Bar Alumni Breakfast Cavalier Hotel, Virginia Beach

October 10

Raleigh/Durham, N.C. Luncheon Sheraton Imperial Hotel & Convention Center

June 18

Beijing Reception Renaissance Beijing Chaoyang Hotel

October 10

Charlotte, N.C. Reception The Duke Mansion

June 21

Shanghai Reception JW Marriott Hotel Shanghai at Tomorrow Square

October 28

Virginia Admissions to the Bar Breakfast Greater Richmond Convention Center

November 19 June 26

Hong Kong Reception JW Marriott Hotel Hong Kong

San Francisco Luncheon The Olympic Club

November 20 June 27

Florida State Bar Alumni Reception Boca Raton Resort & Club

San Diego Reception La Jolla Country Club

December 4 August 23

Lavender Law Conference Alumni Reception San Francisco, CA

Washington, D.C. Reception The Metropolitan Club

September 11

Boston Reception Omni Parker House

September 18

Classes of 2000–2013 Reception W Hotel, Studio 1

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

FROM THE DEAN PAUL G. MAHONEY …

A Town of Its Own

C

harles de Gaulle famously questioned whether one could govern a nation that has 246 different kinds of cheese. One might ask an analogous question about a modern university. As Harvard General Counsel Robert Iuliano ’86 says in these pages, a university is essentially a town of its own, with residences and office buildings, food service, entertainment, a hospital, a police force, and thousands of employees.

Like a town and unlike a business, it does not have a single, measurable bottom-line objective. Instead, it has students who wish to acquire skills, knowledge, and judgment, to build social and professional networks, to find satisfying employment, and to have fun. It has faculty who aim to create new knowledge even as they convey existing knowledge to their students. University administrators attempt to coordinate these disparate activities, manage crises, uphold the institution’s values and reputation, and of course see to it that the university lives within its means.

This is an enormously difficult task. At a public university it is all the more challenging because of political oversight, both directly and through governing boards. In this issue, we get the perspectives of alumni, faculty, and friends of the Law School who are experts in the business of higher education.

They provide thoughtful insights into the foundational question of how a public university should be governed. I think you will find it immensely interesting reading.

Early this year, Secretary of Defense Leon Panetta, after consultation with the Joint Chiefs of Staff, announced the elimination of the military’s rules excluding women from assignment to ground combat units. No one was more pleased than the members of the Molly Pitcher Project, a group of UVA Law students, a faculty member, and an alumna. They advised a team of lawyers that had filed a federal discrimination suit challenging the ban and worked to build public support for their position. After Secretary Panetta’s announcement, Professor Anne Coughlin, the Project’s leader, met with military leaders to discuss the implementation of the new policy. This issue provides a timely look at this sometimes heated policy debate.

We also provide an update on the Law School’s initiatives in business law. We are proud to announce the naming of the John W. Glynn, Jr. Law & Business Program. The Program has gone from strength to strength since its creation in 2002, and John has been a champion and supporter throughout.

John’s advice and presence in the classroom have been invaluable in maintaining Virginia’s status as a leader in business law.

Rather than rest on its laurels, the Law School continues to innovate in business law education.

Dick Crawford ’74, who has a Virginia B.A., J.D., and MBA, discusses Rivanna Investments, through which a group of students receive training in money management and then, under Dick’s careful supervision, manage a modest slice of the Law School’s endowment.

It has been an exciting year at the Law School. I hope you will enjoy reading about some of the people and events who have made it so.

DEPARTMENTS

FEATURE STORY

1

20

FROM THE DEAN

REIMAGINING UVA

A Town of Its Own 4

LAW SCHOOL NEWS 33

FACULTY NEWS & BRIEFS 45

CLASS NOTES 65

IN MEMORIAM 66

LETTER TO THE EDITOR 67

IN PRINT 71

OPINION Save the World with Collaborative Leadership

SPRING 2013 VOL. 37, NO. 1 |

EDITOR CULLEN COUCH

ASSOCIATE EDITOR DENISE FORSTER

CONTRIBUTING WRITER REBECCA BARNS

DESIGN ROSEBERRIES

PHOTOGRAPHY TOM COGILL, CULLEN COUCH, AND MARY WOOD

LAW SCHOOL NEWS

WOMEN IN COMBAT | Brian McNeill

After Challenging Military Ban on Women in Combat, Molly Pitcher Project’s Dreams Are Realized

U.S.

Army 1st Lt. Ashley White, 24, was killed by an improvised explosive device in Afghanistan in October 2011 while serving as a part of a team attached to a special operations unit. Though the military officially banned women from serving in combat positions, servicewomen like White were often attached to units that saw deadly combat in Iraq and Afghanistan.

Army Reserve Command Sgt. Maj. Jane P. Baldwin had tried out at Fort Bragg along with White to serve on the same kind of cultural support team. When Baldwin heard her friend had been killed in combat alongside two Army Rangers, it fueled her growing belief that the military ban on women in combat was both wrong and indefensible.

“I just got really fired up,” said Baldwin, who now lives in Tallahassee, Fla. “Here Ashley was, working with the Rangers, breaking the combat exclusion policy rules— [the Army] had to get an exception-to-policy memo to do the job they were doing. And here she is, dying doing that job.”

Baldwin, who had been writing a research paper for the Army Sergeants Major Academy about women in combat, came across an article about the policy that mentioned White.

“I ended up writing the author, saying I really liked your article,” Baldwin said.

“And she referred me to [Professor] Anne Coughlin at the University of Virginia Law School.”

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Coughlin and four students had formed a group that was studying the combat exclusion policy and was beginning to lay the groundwork for a possible federal lawsuit challenging the rule as unlawful

Sgt. Major Jane P. Baldwin

discrimination. The group was calling itself the Molly Pitcher Project, after the folk tale—based on real accounts—of a woman in the Revolutionary War who took her husband’s place in firing a cannon on British forces.

Soon after, Baldwin became one of two plaintiffs in the lawsuit, which was filed in May 2012. It alleged that the Defense Department and U.S. Army were violating the law and infringing upon the constitutional rights of military servicewomen

by excluding them from certain ground combat units and other positions solely on the basis of their gender.

The lawsuit argued that the combat exclusion policy harmed the careers of military servicewomen like Baldwin, who was not allowed to apply to a number of jobs, even though she was otherwise qualified.

And some female servicewomen who were serving in combat positions despite the policy—like White—were being wounded or killed, yet were denied official recognition for their work.

“There’s no reason why women shouldn’t have the opportunity to serve in combat,” Baldwin said. “There was nothing logical, no evidence, backing up [the policy].”

On Jan. 24, then-Secretary of Defense Leon Panetta announced that he was lifting the longstanding direct ground combat exclusion rule for female service members and eliminating all unnecessary gender-based barriers to service, following the unanimous recommendation of the Joint Chiefs of Staff.

The move, he said, would ensure that the best qualified and most capable service members, regardless of their gender, were allowed to carry out the mission. It would open up roughly 237,000 positions to women, 184,000 in combat arms professions and 53,000 assignments that were closed based on unit type.

The Molly Pitcher Project and the lawsuit it helped initiate may have offered the critical tipping point that led to the military’s overturning of the combat exclusion policy, one law student involved in the project said.

“So much work had already been done on the issue, so many women had been in combat [and] died in combat. The lawsuit was maybe the straw that broke the camel’s back,” said third-year law student Helen O’Beirne.

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‘WE ARE GOING TO FILE A LAWSUIT’ Coughlin, who has written a number of articles exploring the intersections among criminal law, criminal procedure and feminist theory, had been teaching about the combat exclusion policy since the early 1990s.

“Students [often] have the impression that they’re living in a world that is sexblind,” she said. “One of the points that you always bring to their attention are the spaces where the government or the culture continues to discriminate. And the combat exclusion policy and the draft are key examples of that. You have the federal government treating males and females quite differently for purposes of a very important societal obligation and opportunity.”

In the spring of 2011, Coughlin brought up the combat exclusion policy in her Law and Public Service course as part of a class

project on impact litigation, designed to teach students how to plan and execute a legal movement to bring about social change. The idea, she said, was to get the first-year law students thinking about a real-world problem that might be tackled by impact litigation lawyers, and then explore the idea of a lawsuit.

“What would the case look like?” she asked the students. “What would the doctrinal basis be for the case? Who would the plaintiffs be? Who would the defendants be?

What would the best arguments be? What would we anticipate the other side would say? Is this a wise case to bring, strategically? Are we going to do more harm than good? Are there clients out in the real world who are suffering an injury?”

In the days leading up to the class discussion, law student Ariel Linet decided to pick the brain of a friend who wasn’t in her class, Kyle Mallinak.

Professor Anne Coughlin at the Women in Combat: The Way Forward Symposium in Washington, D.C., February 2013

“I told him, I’m not trying to mooch off of you, but I’d love to hear any thoughts you have or any resources you might suggest to get some background,” Linet said. “And so Kyle wrote back this explosion of thoughts.

He picked it up and ran with it.”

Mallinak sat in on the next class.

And afterwards, Coughlin and the students—Mallinak, Linet, O’Beirne and their classmate Rebecca Cohn—continued to discuss the topic.

“Kyle, Becca, Helen, and I were all in the same 1L section,” Linet said. “So we were all friends.”

For Linet, the idea that the military was banning women from even trying out for combat positions was deeply offensive.

“I was just fundamentally insulted as

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a woman,” she said. “It’s not that I wanted to go out and fight in combat. In fact, I consider myself something of a pacifist. But nobody, least of all the government, should be telling women you can’t do something simply because of your sex, regardless of how qualified you might be.”

It was an issue of simple fairness, Linet said.

“We don’t want the standards to be lowered so that more women can qualify,” she said. “And if the standards are fair and genderneutral and no women can qualify—which we don’t think would be the case—we wouldn’t object to that. The point is that everybody who wants to serve in combat has a shot, regardless of gender.”

The four students realized that their discussion could serve as the groundwork for a lawsuit challenging the combat exclusion policy.

“We started pushing the professor a little bit, saying, ‘You know what? We think there’s more than a hypothetical case here.

We think there’s actually something to be done,’” Mallinak said.

The students obtained permission from the Law School to form a course, led by Coughlin, that would focus on developing a framework for a lawsuit.

“The students said to me, ‘Let’s bring a lawsuit.’ I said ‘No, I can’t bring a lawsuit, I have to teach academic courses,’” Coughlin said. “They said, ‘Let’s start a clinic.’ I said ‘No, I can’t start a clinic just for this one case. Clinics don’t work that way.’ So finally they said, ‘What can we do?’ I said, ‘What you could do is form your own little course that would focus on the combat exclusion policy.’ They came back and said, ‘That’s what we want to do.’”

On the first day of the course, Coughlin told the four students that this was their class. What was their agenda?

“And they said, ‘We are going to file a lawsuit.’”

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LAYING THE GROUNDWORK From the spring of 2011 and into the fall, the group—which had dubbed itself the Molly Pitcher Project—researched the law, studied the relevant cases at the Supreme Court and lower courts, and began reaching out to stakeholders and building the factual foundation of a potential lawsuit.

They interviewed military veterans enrolled at UVA Law, as well as students in UVA’s ROTC program and a JROTC program in Orange County, Va. They invited UVA law professor Deborah Hellman to speak to them about equal protection issues.

Professor Richard Balnave, who leads the Law School’s clinics program, instructed them on what they could and could not do, as none of the students held bar licenses.

And they began to connect with women who had been deployed in Iraq and Afghanistan who had taken the cuttingedge roles the conflict had opened to them.

“We were looking up and down the chain,” Mallinak said. “We saw a world where women were making advances, were taking on increased roles that brought them closer and closer to combat roles, but the official recognition of that fact was lacking.

“There was a gap between what the women were doing and what the military

Army Col. Ellen Haring at the Women in Combat Symposium

was acknowledging they were doing,” he added. “And there was an even bigger gap—a huge gap—between what women were actually doing and what the public understood they were doing.”

By October, the Molly Pitchers had realized they were at the point where they needed the help of a lawyer willing to work pro bono.

Mallinak reached out to Tally Parham ’96, a former F-16 fighter pilot who flew combat missions in Iraq. Parham, a lawyer with the law firm Wyche in South Carolina, had also authored an article about the combat exclusion policy and spoken at an academic conference on the topic.

“I emailed her out of the blue and said we’ve got this thing, we think you’d be great, you have a personal connection, you know the issue,” Mallinak said. “She came back and said she was willing to take on a role, at least as far as providing an official umbrella for us to work under and possibly as a source [to whom] we could refer people who we thought had a strong interest and the potential to be plaintiffs down the road.”

In November, the Molly Pitcher Project began to attract the public’s notice and

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“If you can’t serve in those combat specialties, you are almost entirely excluded from the senior ranks in the military.” began to hear from a number of female servicewomen. Articles about their work appeared in local and state media, as well as in the Army Times.

Army Col. Ellen Haring of Bristow, Va., a strategic planner who had served 28 years in the military, came across that particular article.

“My husband read an article in the Army Times talking about the Molly Pitcher Project,” she said. “I decided to try to find Anne Coughlin, so I wrote to the author of the article who put me in touch with her. Initially, we just talked back and forth. She was just very excited to begin to hear from women who were interested in pursuing this through legal options. And I was one of them.”

Haring, who became a plaintiff in the lawsuit, said her career has been held back

The Molly Pitcher Project: (from left) Helen O’Beirne, Law Professor Anne Coughlin, Ariel Linet, Rebecca Cohn, and Kyle Mallinak.

because she has been excluded from the elite training and jobs in the military.

“In recent years it’s become very obvious,” she said. “If you can’t serve in those combat specialties, you are almost entirely excluded from the senior ranks in the military. Eighty percent of our senior leaders come out of the combat arms from which women are excluded. So it was a structural barrier to women’s advancement.”

Without combat experience, Haring said, her career had seemingly hit a ceiling.

“Up to the rank of colonel, it’s pretty fairly even. It’s beyond colonel [where the effects of the policy can be seen],” she said.

“Generals and admirals are pulled from those critical specialties, those combat specialties. And so that means that the most senior leaders in our armed services, who make all the policy decisions, are almost all men.”

The Molly Pitcher Project, she said, came along at the right time.

“There were all these women in the military who didn’t like this policy, but we didn’t know how to go about challenging it. So [the Molly Pitcher Project’s] efforts came along at the end of 10 years of conflict where women had been doing things that we’d never been allowed to do before,” she said. “So I think it all came together. It was a tipping point.”

‘SHOCK AND DISBELIEF’ Over the winter break, the law firm Covington & Burling agreed to take on the case on a pro bono basis and file a federal lawsuit challenging the combat exclusion policy, with Baldwin and Haring as the plaintiffs.

“We couldn’t have had better lawyers than the team at Covington,” Linet said.

“We came out of nowhere and got the best lawyers money could buy for no money at all. We’re just so lucky to have all the people who came together on this. “ The lawsuit was filed in May 2012. It sought a declaratory judgment that the Defense Department and Army combat exclusion policies were illegal and unconstitutional because they violated the plaintiffs’ right to equal protection under the Fifth

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“And you know what? If I see an injustice in the world, I might be able to do something to fix it, whether it’s something small or something big—like suing the Pentagon.”

Amendment, and because they violated the Administrative Procedure Act. It also sought a permanent injunction against any further enforcement of the military’s combat exclusion policies and a mandate requiring the military to make all assignments and training decisions without regard to sex.

O’Beirne said she reacted to Panetta’s announcement with “shock and disbelief.”

“It’s one of those things where you’ll always remember where you were,” she said.

“I was sitting in a recliner, watching my baby sleep, which was unfortunate because I wanted to scream out and jump up and down, but I had to stay quiet. I did get a lot of goose bumps. It still, to a degree, feels so surreal. We thought it was going to take so long, that it was going to take years.”

Linet called it “absolutely the best-case scenario,” as an order from Panetta would likely carry more institutional legitimacy in the military than an order from a judge.

“A federal judge telling the military that they have to do something is not likely to be particularly popular. It may be incontrovertible, but it’s not necessarily going to have a lot of support within the military,” she said. “It’s a whole different ball game when you have the Joint Chiefs of Staff unanimously recommending to the secretary of defense and the secretary accepts that recommendation and says our military will be stronger when combat positions are open to women.”

Following Panetta’s move, the judge issued a show cause order instructing the Molly Pitcher Project’s side to explain why the case shouldn’t be dismissed in light of the policy change.

The government and Covington agreed that they wanted to stay the case until after a mid-May deadline for the military branches to explain how they would implement the

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decision to remove unnecessary genderbased barriers to military jobs.

Baldwin said she believes the lawsuit initiated by the Molly Pitcher Project, as well as a similar suit filed in 2012 by the ACLU, for which the Molly Pitcher team consulted, played a key role in prompting the policy’s removal.

“On the Department of Defense side, their attorneys had to look at what our complaint was and their attorneys probably let [the senior military leadership] know that you’re probably going to lose,” she said.

“Because of [the Molly Pitcher Project’s] efforts pushing this forward,” she added, “it made the people in the position make this decision to say, ‘We can either go ahead and make this decision or we can wait for the courts to make it for us.’ And they chose the path to make the decision, which I think was the smart one.”

‘AGENTS OF CHANGE’ The four law students, all of whom will graduate this spring, are “agents of change,” Coughlin said, not only for initiating a complicated, important lawsuit challenging a national issue, but for actually managing to succeed.

“They now know, from the beginning of their career, that they can make a difference,” she said. “They were first-year law students. Kyle wasn’t even in the class! They must be graduating knowing, ‘Yep, I can do this lawyering thing, and I can do it at a really high level. And you know what? If I see an injustice in the world, I might be able to do something to fix it, whether it’s something small or something big—like suing the Pentagon.’”

On a practical level, Coughlin added,

the students learned what it takes to file a real lawsuit.

“Not only do they know how to read cases, analyze doctrine, write legal memoranda, they know how to pick up the phone and walk out the door to meet people and interview people,” she said. “They know how to develop and ask the right kinds of questions to elicit the information that they need to develop a cause of action. They’ve been thoughtful about ethical questions. They’ve been thoughtful about strategy questions.

This project required them to develop a case from scratch.”

Mallinak said the experience demonstrated the importance of a “full-court press” to cause social change, noting that the policy was lifted after the combined efforts of the Molly Pitcher Project, the ACLU, and a number of advocacy groups like the Service Women’s Action Network.

“I came away with a real conviction that the best way for us, as lawyers, to create change is when we can work in conjunction with broader forces for social change and pursue an all-means-possible approach to improving people’s lives,” he said.

It also underscored his respect for military servicewomen.

“I really got a deep and abiding appreciation for what these women had been able to accomplish by themselves, just by dint of going out there and doing their jobs in an atmosphere where a lot of people were skeptical of their abilities,” he said.

As for Baldwin, she is looking forward to seeing what jobs the Army is going to open up to women—and she intends to apply.

“I’m purposely going to go after any combat arms position that I can possibly apply for, just because I can now,” she said.

“Doesn’t mean anybody’s going to hire me, and I understand that, but I’m going to do it just because I have the opportunity to apply for them now. All I can do is keep knocking on doors and eventually, if you knock on enough, someone says yes.”

Find related video online at bit.ly/fighttofight.

LAW SCHOOL NEWS …

10 YEARS OF SUCCESS | Brian McNeill

Law & Business Program Named in Honor of Venture Capitalist John Glynn ’65

T

oday Ravi Agarwal ’09 works in the mergers and acquisitions group at the law firm Simpson Thacher in New York City, but he had little exposure to the economic and business principles he would need to excel in his job until he participated in a unique program at the University of Virginia School of Law. Agarwal credits the courses he took in the Law School’s newly named John W. Glynn, Jr. Law & Business Program with helping him better understand how to solve problems facing his clients in the corporate world.

A double major in biology and political science, Agarwal did not have formal exposure to economics, finance, or business in college.

“Other than my work in a neuroscience lab and a few pre-med classes, my coursework was not about true problem-solving,” Agarwal said. “After going through UVA Law and the Law & Business Program, I [gained] a new mindset about how problems should be approached and thought about—particularly that we often should assess rules and business relationships in terms of economic efficiency.”

Launched at UVA Law in 2002 to offer students experience in business concepts, the program has been named in honor of John W. Glynn, a 1965 alumnus of UVA Law and the founder of Glynn Capital Management, a Silicon Valley venture capital firm that was an early investor in Intel Corp., as well as Facebook and LinkedIn. “I saw the Law & Business Program as a great avenue to expand the horizons for our students and to give them some tools

John W. Glynn, Jr. ’65

that would help them in working with their clients in their legal practice, but also an appreciation for [how] business people think and how they address the complex problems and issues that they’re constantly facing,” Glynn said.

The program, which is not a track or separate degree program, integrates business and legal analysis in the law school classroom, and is designed to teach students the skills needed to understand and better serve corporate clients. It includes courses on the basics of accounting and finance, enhanced versions of core business law courses, and a number of intensive short courses taught by senior counsel and executive officers who are leaders in their field.

“I was attracted to the Law & Business Program because it’s a chance to expose our students to topics and, more importantly, to the people teaching those courses, who could inspire them and add to their knowledge and passion to pursue their own dreams,” Glynn said.

Glynn recently endowed the program with a major gift that will help make permanent the Law School’s curricular commitment to business, finance and investing, and further student and faculty activity in those areas.

“We are grateful for the continued support of John Glynn, whose success should be inspirational for law students looking to make an impact on the business world,” said Vice Dean George Geis. “The real key to our momentum in this area has been UVA’s ability to attract leading lawyers, executives and judges who are willing to bring their experiences into the classroom.”

More than 10 years after the program launched, it has proven popular with students and practitioners who have participated in teaching courses. The program has attracted instructors such as a former general counsel and executive officer of The Coca-Cola Company, a managing director of Goldman Sachs, a vice chairman of Citigroup Inc. and the former managing director of Deutsche Bank AG, as well as the chief justice of the Supreme Court of Delaware, the state where most major businesses are incorporated and where the majority of corporate law litigation is adjudicated.

Alumni who took the coursework are also finding success in their careers, built in part on the skills and foundational concepts they learned in the program.

Though the program helped prepare Agarwal for complex work involving private equity acquisitions and strategic transactions representing middle- and large-cap public companies, he said the Law & Business curriculum is invaluable for students interested in any number of career fields.

“Whether you expect to practice corporate law, litigation or public service work, or even do something completely unrelated, you will learn many useful skills and

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Ravi Agarwal ’09 and Anna Shearer ’07

concepts in the Law & Business courses that can be applied to numerous jobs and situations,” he said.

Anna Shearer ’07 is a vice president at Barclays Capital in New York City, working in the field of equities derivatives.

Looking back on her time at the Law School, Shearer said the Law & Business Program’s array of short courses gave students a look into the real world of business.

“I took one on M&A, for example, that took us through exactly what a deal looks like,” she said. “Those kinds of courses that show you what the documents look like [and] what is involved in one of those big transactions, taught by someone from within the industry, were extremely helpful.”

The program also allows students to connect with some of the top business law professors in the world. Shearer, who studied computer science as an undergraduate, started working in derivatives during her first summer while serving as a research assistant to Dean Paul G. Mahoney, an expert

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on securities regulation, law and economic development, corporate finance, financial derivatives and contracts.

“During my 2L year, I worked on side projects for him throughout the year,” she said. “It was a great experience. Every time I have something [go well] in my career, I always email him.”

Shearer said the most useful course she took was the Law & Business Program’s Accounting and Corporate Finance class.

“I would recommend that to everyone,” she said. “It teaches you the vocabulary you will need to know. You won’t be doing that right when you get out of law school and become a lawyer, but you need to understand what other people do.”

Agarwal echoed that statement, adding that UVA Law courses on securities regulation and corporate governance also proved critical.

“Being able to understand financial statements and understand the business vocabulary is incredibly helpful in communicating with clients and counterparts and understanding the goals your clients are trying to achieve,” he said. “Additionally, almost regardless of the type of M&A

transaction I am working on, corporate governance concepts often come to the forefront, especially when advising a board on how it should be thinking about its options.”

John B. Esterhay ’06 said his education at the Law School helped prepare him well for his career in management consulting at McKinsey & Company.

“The analytical thinking skills in management consulting are similar to legal skills,” he said. “For example, consultants must gather facts, spot issues and apply logic to breakdown complex problems. Just like lawyers, consultants analyze situations from different perspectives, and must identify and understand different stakeholders and interests.”

He added that his time at UVA Law also helped him hone his oral and written communication skills, both of which have proven essential in his career.

“Just like lawyers, consultants must ask precise questions, John Esterhay ’06 listen for nuances and make arguments in a way that is persuasive,” he said. “Communication skills are particularly important, because consultants often recommend changes, and it takes a lot of influencing and persuasion to help large organizations to change in positive ways.”

Esterhay—who co-teaches a January term course with Geis on applied problemsolving—recalled taking a number of “outstanding” courses in the Law & Business Program.

“In particular, the securities regulation course that Dean Mahoney taught stands out in my mind,” he said. “He integrated accounting and financial analyses into the course, and that made me more comfortable with many concepts earlier in my career.”

The program, Esterhay added, is a great

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option for any law student interested in business.

“It’s a unique way to learn about business practices and culture, without enrolling in a combined J.D.-MBA program, since that option usually requires either an additional year of study or taking classes year-round and foregoing summer work experience,” he said.

More online: video conversation with John Glynn ’65 at bit.ly/johnglynn.

MONEY MANAGEMENT | Richard Crawford ’74

Student Investment Club Offers Real World Experience

R

ivanna Investments is a student investment club that gives its members real world experience in investment management and investment markets by allowing them to manage a small portion of the Law School endowment.

A group of first-years who were as passionate about global finance as they were about the law founded Rivanna Investments in the fall of 2010. They began to meet weekly to discuss recent economic and market developments. What began as a group of friends engaging in convivial lunchtime discussions about corporate affairs evolved into rigorous investigations into potential investments.

In the spring of 2011 this group of friends approached the Law School Foundation with the idea of launching a student-run investment group managing real money on behalf of the Law School.

The model for such an activity was Darden Capital Management, which had been

founded at Darden in 1991. It had developed an excellent investment record over a 20-year period in which it managed a small amount of the Darden endowment.

Law School Foundation Chief Executive Officer Luis Alvarez ’88 supported the idea and referred it to Dean Paul Mahoney for his review and approval. After thorough consideration by the dean, he recommended the idea to the Foundation’s Investment Committee who supported it and approved the allocation of $100,000 in initial capital for the group to invest.

The dean and trustees felt the club was an excellent fit with the Law & Business Program, as well as a way to provide practical experience to students interested in investments and investment markets.

Rivanna offers Law students a stronger educational experience relating to investment and securities markets and better prepares them for legal and business careers relating to the financial services industry.

Currently, Rivanna has more than 30 student partners who make recommendations on which listed stocks to invest in using fundamental, values-oriented, research driven analysis. The club’s basic investment focus is a two-prong strategy of buying blue chip stocks with a solid dividend yield while pursuing other stocks that represent a value

In addition to its core activity of researching investment opportunities and managing its small fund, Rivanna has a steady stream of educational activities for its members, including training sessions on topics like financial analysis and guest speakers from the investment industry.

Since its founding Rivanna has hosted numerous campus speaking engagements including Alice Handy of Investure, Thad Glowacki ’05 of Mangham Associates, Frank Edmonds ’95 of King Street Capital, Jim Donovan of Goldman Sachs, and Peter Kaufman ’78 of Gordian Group.

Beyond education for its members, Rivanna is attempting to reach out to the broader UVA Law alumni community with investment education. At the end of February the club mailed its first newsletter with a featured investment article and a stock selection for the quarter. They plan to make it a quarterly publication with featured articles by interested alumni in the money management business.

Going forward, Rivanna plans to grow into a for-credit academic activity in the same manner as Darden Capital Management. At the end of 2012 the club established a formal alumni advisory board to help develop its program over time. For the future, the club plans to develop a strong

What began as a group of friends engaging in convivial lunchtime discussions about corporate affairs evolved into rigorous investigations into potential investments. investment opportunity. The club’s investment process requires that an individual member present an investment recommendation supported by an oral presentation to the entire club accompanied by a detailed written analysis of the investment opportunity. The club’s investment committee then votes thumbs-up or thumbs-down on the specific investment recommendation.

relationship with the CFA Institute located in Charlottesville, including scholarships for club members, to pursue the chartered financial analyst curriculum and designation. In addition, the club is seeking to establish summer internship with institutional money managers so that members can get real world work experience in money management.

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LAW SCHOOL NEWS …

“If we safeguard our civil liberties but leave our country vulnerable to attack, we will have lost. And if we protect our citizens from crime and terrorism but sacrifice our civil rights, we also will have lost. It is not a question of conflict, it is a question of balance.”

NATIONAL SECURITY | Brian McNeill

FBI Director and Jefferson Medal Recipient Robert Mueller ’73 Reflects on Bureau’s Transformation After 9/11

T

wo or three days after the September 11, 2001, terrorist attacks, FBI Director Robert S. Mueller III ’73—who had taken office just days earlier on September 4—was summoned to the White House to deliver his first briefing to President George W. Bush.

Mueller, who says he was “scared to death” and so new to the FBI that he could barely find his office, had prepared extensively to update the president on the FBI’s activities in response to the attacks. Agents had established crime scenes at all relevant locations, he told the president, had begun to identify the hijackers and were already concluding that Osama bin Laden and al-Qaida were responsible.

“The president stopped me and said, ‘Bob, that’s all well and good. That’s what I expected the bureau to do. That’s what the bureau has been doing well for the last 100 years. What I want to know from you is, what are you doing to prevent the next terrorist attack?’” Mueller recalled in a talk at the Law School. “I felt like a high school kid

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who had done the wrong homework assignment. I got it wrong.”

From that moment, Mueller said, he realized that the FBI could no longer be reactive to crime and terrorism. It had to grow more proactive and overhaul its priorities and capabilities.

“The days after the attacks of September 11 changed the course of the bureau,” he said.

“National security—that is, preventing terrorist attacks—became our top priority.

We shifted 2,000 agents from our criminal programs to national security and we understood that we had to focus on long-term strategic change—enhance our intelligence capabilities, upgrade technology, build strong partnerships, forge strong friendships—both here at home and abroad.”

Mueller spoke at the Law School after he was awarded the 2013 Thomas Jefferson Foundation Medal in Law as part of UVA’s Founder’s Day celebration.

Sponsored jointly by the University and the Thomas Jefferson Foundation,

the nonprofit organization that owns and operates Monticello, the Thomas Jefferson Foundation Medals recognize the achievements of those who embrace endeavors in which Jefferson, author of the Declaration of Independence and third U.S. president, excelled and held in high regard, including law, architecture, and leadership.

Mueller, the longest-serving FBI director since J. Edgar Hoover, was appointed

by Bush in 2001. FBI directors are limited by law to a single term of no more than 10 years, but Congress extended Mueller’s tenure by two years in 2011 at President Barack Obama’s request.

Transforming the FBI following 9/11 was no simple task, Mueller said.

“We realized that we could no longer do the drug cases we’d done before, we could no longer do the smaller white-collar criminal cases,” he said. “So we took about 1,500 agents from the drug program and put them over in counterterrorism. We took 500 agents doing smaller white-collar criminal cases and put them over [in national security posts]. Were they happy? Not particularly.”

Yet Mueller realized that the FBI’s mission is not necessarily about what the agents want to do.

“I love doing trials. I love doing bank robberies, drug cases, homicides, as a prosecutor. That’s what I thought I was going to be overseeing when I got to the bureau,” he said. “Turned out not to be the case. The fact of the matter is, it’s not what we want to do, it’s what the American people need us to do.

What does the president expect, Congress expect, and the American people expect?

They expect us to prevent the next terrorist attack.”

Traditionally, he said, the FBI’s success was determined based on metrics such as the number of arrests and convictions. “Our metric now is one—how many terrorist attacks have occurred in the last 10 to 12 years on the territory of the United States.”

Mueller was born in New York City and grew up outside of Philadelphia. He graduated from Princeton University in 1966 and earned a master’s degree in international

COLE GEDDY

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relations from New York University in 1967.

After NYU, Mueller joined the U.S. Marine Corps and served as an officer for three years, leading a rifle platoon of the Third Marine Division in Vietnam.

For his service in the Marines, Mueller was awarded the Bronze Star, two Navy Commendation Medals, the Purple Heart, and the Vietnamese Cross of Gallantry.

“The FBI motto is ‘Fidelity, Bravery, Integrity.’ And Mueller embodies those traits,” said Law School Dean Paul G. Mahoney in his introduction. “He has served our nation with distinction for over 40 years as a soldier, lawyer, and public servant. His integrity, dedication, discipline, and humility make him an ideal recipient of the Medal in Law.”

Following Mueller’s military service, he enrolled at UVA Law, where he served on the Virginia Law Review and earned his law degree. At the time, Mueller recalled, many law schools were not receptive to Vietnam veterans, but UVA welcomed him and others.

“The University was looking for [students with] a range of experiences, understanding that a true legal education is an amalgam of the law and of values, with a goal of preparing its students for service—service to the country, service to Virginia, and service to others,” Mueller said.

On his first day of classes at the Law School, Mueller recalled sitting next to a scruffy-looking classmate.

FBI Director Robert S. Mueller ’73

“I still had a Marine Corps haircut and was dressed rather neatly. He, on the other hand, had hair down to his shoulders, a Fu Manchu mustache, was dressed in a grubby T-shirt and shorts, and was not wearing shoes. He never wore shoes,” Mueller said. “[Law Professor] John Jeffries and I were in the same class. He knows exactly who I’m talking about.”

“It’s not me,” Jeffries quipped from the audience in Caplin Pavilion.

“I quickly came to find out he was a conscientious objector, not paying much attention in class, and seemed to be there for

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the ride. At least, that’s what I believed until the first grades were posted and he did even better than John Jeffries. They were at the top of the class, while I lingered somewhere in the middle,” he said.

That scruffy hippie, he added, went on to become a great friend and a highly successful antitrust lawyer in San Francisco.

Mueller said he was drawn to UVA Law for its ideals, which match what he called three basic tenets for a rewarding professional life in law—integrity, a commitment to the rule of law, and valuing public service.

Uncompromising integrity, he said, is a core value at both the FBI and UVA Law. “As the saying goes, if you have integrity, there is nothing else that matters,” he said. “And if you don’t have integrity, there is nothing else that matters.”

For attorneys and non-attorneys alike, he said, there will be times in which they are tested in ways both small and large. “You may find yourself standing alone against those who you thought were trusted colleagues, you may stand to lose what you have worked for, and the decision will not necessarily be an easy call,” he said. “But this institution, Virginia, has prepared its students for such tests. Integrity is a way of life here at this institution.”

The rule of law, he said, guides the FBI’s belief that it must be objective, fair and apolitical, and that it must respect the privacy and civil liberty implications of its actions.

“We recognize that in the wake of September 11, if we safeguard our civil liberties but leave our country vulnerable to attack, we will have lost. And if we protect our citizens from crime and terrorism but sacrifice our civil rights, we also will have lost. It is not a question of conflict, it is a question of balance.”

Mueller reflected on his service in Vietnam, and said it helped fuel his desire to a public servant. “I consider myself fortunate to have survived that tour in Vietnam,” he said. “There were many who did not.

And perhaps because of that I’ve always felt compelled to try to give back a little.”

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He urged the law students in the crowd to find ways to give back, whether through public service or private practice, and to be able to look back on their careers as “time well spent.”

“Each of us must determine for ourselves in what way we can best serve others,” he said. “Those of you who are students will leave UVA with a firm grasp of not only the law as it stands, [but also] the law as it should be and the law as it could be. And I just ask you to find something that you love doing, some way that you too can contribute, something that will leave you believing that your time has been well spent.”

Following his graduation from UVA Law, Mueller worked as a litigator in San Francisco, spent 12 years in U.S. attorney’s offices, and then was appointed an assistant U.S. attorney in Boston, where he investigated and prosecuted cases involving financial fraud, terrorism, public corruption, narcotics conspiracy, and international money laundering.

In later years he served as partners in two Boston law firms, was an assistant to U.S. Attorney General Richard L. Thornburgh, led the Justice Department’s criminal division, and was appointed U.S. attorney in San Francisco.

As FBI director, Mahoney said, Mueller’s service and transformation of the bureau has been nothing short of remarkable.

“He has earned unprecedented bipartisan respect, no easy feat given the high profile and challenging mission of the FBI,” he said.

More online: video of Robert Mueller’s talk can be found at bit.ly/mueller_medal.

“LET’S START OVER” | Eric Williamson

Former State Department Official Calls for New Laws in Dealing with Terrorism

T

he United States needs to rethink and further develop the rule of law surrounding drone strikes, detentions, and other tactics used in combating terrorism, a former U.S. Department of State official

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and leading voice on foreign policy said in April.

“Let’s start over,” said Anne-Marie Slaughter, a professor of politics and international affairs at Princeton University who served as director of policy and planning for the State Department from 2009–11. “Let’s think about the kind of conflict we are going to face in this century … And then let’s have a public debate and talk to countries around the world.”

Slaughter’s comments in Caplin Auditorium marked the 15th annual Henry J. Abraham Distinguished Lecture, which is presented each year at the Law School by the Thomas Jefferson Center for the Protection of Free Expression.

She said the current legal justification for military action against suspected terrorists is rooted in the question: “Are we at war?”

The Obama administration cites the law passed after the September 11 attacks authorizing “all necessary and appropriate force,” as well as U.N. Security Council resolutions supporting operations in Afghanistan, as a legal basis for its current counterterrorism policies, Slaughter said. But she said the rule

the judicial process, she said. “We don’t know what criteria were used to put people on that target list,” she said. “[And] there are Americans on that target list.”

Slaughter said an American legal position based primarily in 9/11-related authorizations may also be on shaky ground now that U.S. troops are scheduled to withdraw from Afghanistan in 2014.

Recently the nonpartisan Task Force on Detainee Treatment, convened by the Washington, D.C.-based think tank The Constitution Project, issued a report regarding the prisoners being held by the U.S. in Guantanamo Bay. “The vast majority of that task force found the authority to detain those people in Guantanamo is explicitly tied to our authority to wage war in Afghanistan,” Slaughter said.

Among the task force’s recommendations were speedy trials, transfers to U.S. mainland prisons or release to foreign countries, she said. “If we end the war in Afghanistan and continue keeping [prisoners in Guantanamo], we are violating some of our most precious legal canons,” Slaughter said.

“Let’s have a public debate and talk to countries around the world.” of law is being stretched, pointing to recent U.S. drone strikes in Mali and Yemen, which are far removed from Afghanistan.

“So now we’re talking about using drone strikes on individuals who are not connected to 9/11, who are not connected to the theater of war, who theoretically could be anywhere,” Slaughter said. “Is that war?

And this is a hard question. Because you could say these are all groups who are trying to target the United States.”

The problem gets more complicated as secret, targeted killings further circumvent

The U.S. could better hew to rule of law principles by creating more explicit definitions regarding acts of terrorism or pending threats, and how they should be handled legally …” We need some category that says when a certain number of people have been killed, with a certain level of violence, here are the rules that apply,” she said.

We don’t want to live in a world in which governments can simply decide, ‘We could capture someone and try them, or we can simply kill them.’”

Find video at bit.ly/slaughter_drones.

Princeton professor Anne-Marie Slaughter

34 YEARS | Jason W. Trujillo ’01

Steve Hopson ’69 Wraps Up One More Career Path—His Own

A

t commencement on May 19, my good friend and colleague Steve Hopson ’69 will once again, as he has done for more than a generation of law students, call the names of graduates as they cross the stage to collect their diplomas. But the conclusion of this year’s ceremonies also marks the end of Steve’s 34-year career leading the Law School’s career services efforts.

“I’m not sure what’s next, other than a trip or two abroad. Betty and I love Europe and now we will have the time to return,” he said. Betty is Steve’s wife of 33 years, with whom he eloped to Key West in 1980, a year after starting his job as the Law School’s director of placement.

In 2009, in contemplation of his retirement a few years hence, Steve stepped down from running the day-to-day operations of Career Services and handed the reins to Kevin Donovan. Steve assumed the role of senior career counselor and assistant dean of Career Services.

“I am so pleased with the way the office is running now. Kevin has brought so much energy and enthusiasm and great ideas to the office,” Steve said. “It’s in absolutely wonderful hands.”

Steve was born into an old Virginia family tracing their Richmond roots to 1802, when the ancestors arrived from Scotland.

Steve’s mother was in the first graduating class of Thomas Jefferson High School in the Richmond public school system. Steve followed in her footsteps some 30 years later, graduating as student body president of the then 2,000-member high school.

In his free time, he played piano in his band—the Squires—and one of their gigs

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Steve Hopson ’69 in Vietnam, serving in the Army JAG Corps.

in their senior year was christening the new Alpha Epsilon Pi party room at the University of Virginia. The fraternity must have impressed Steve, because he ended up enrolling at the University the next year, having turned down an offer to attend Yale.

Steve’s life at UVA was marked with success. He was an Echols Scholar, editorin-chief of The Cavalier Daily, and lived in 26 East Lawn, later made famous by subsequent resident Katie Couric. He graduated and enrolled in the Law School a few months later, joining the Class of 1969, alongside classmates Richard Bonnie, now a UVA Law professor, and Martha Ballenger, now assistant dean for student affairs. Steve was president of the Raven Society as a 1L, and lived for a time at 21 West Range

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on the Lawn. He also served as chair of the University Judiciary Committee.

While Steve was in law school, the war in Vietnam intensified. Upon graduation he joined the Army JAG Corps at age 25 and made a four-year commitment to serve.

After going to “salute school” at Fort Lee in Virginia and spending some time at Fort Dix, N.J., Steve arrived in Vietnam on December 31, 1970.

“I went to the Officer’s Club just before 10 p.m. expecting a party. Instead I found out they were closing at 10 and the band was playing the Animals song ‘We Gotta Get Out of This Place.’ I thought to myself, ‘I just got here. I have a year to go!’”

Steve’s superiors wanted to make him a prosecutor, “but they quickly found out my temperament was more suited to being a defense counsel.”

He defended soldiers accused of drug

possession, petit larcenies, and failing to obey orders. Heroin was unfortunately “everywhere,” giving him a heavy caseload.

The prosecutor in most of his cases was Sim Lake (now a U.S. district judge who presided over the trials of Enron Chairman Key Lay and former Chief Executive Officer Jeff Skilling). Sim was his adversary by day but his “hoochmate” (the person he shared a tent with) by night, and they became close friends.

Steve soon became a “two-digit midget,” having fewer than 100 days left to serve in Vietnam. He’d look up at the planes taking service members back to the states— “Freedom Birds”—and knew his would arrive soon. When asked his preference of assignment upon returning to the States, he replied without hesitation “The JAG School at the University of Virginia in Charlottesville.” The request was granted

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Hopson has called the names of thousands of Law graduates.

and Steve served out the rest of his Army time back home in Virginia.

Another of Steve’s Vietnam hoochmates, Harry Boertzel, wrote him a letter in late 1973 suggesting Steve join him as a legislative counsel in Guam. The legislature of Guam was in session all year and Steve and Harry attended each session, gave advice on parliamentary issues, wrote amendments, and served as counsel to the committee hearing. While the locale was exotic, it beat sharing a hooch in war time, Steve said.

The governor of Guam asked Steve has called the names at every graduation Steve to be his special legal asceremony since [1986], except for 2009, when he sistant. After two years in Guam, Steve was encouraged to take relinquished the duty so he could see his own daughter a job at Hunton & Williams by graduate from the University. two friends at the firm from the class of 1967, former University Rector Gordon Rainey and former Virginia Bar Association Executive of the kindest people I know. Thousands of Director Guy Tower. “I had a wonderful I pronounced each graduate’s name absoLaw students, including myself, have relied time at Hunton and will be forever grateful lutely correctly,” he said. Steve has called not just on his wise professional counsel, to Gordon and Guy,” Steve said. the names at every graduation ceremony but also his support and unfailing encourAfter four years Steve was drawn back since then, except for 2009, when he relinagement. He leaves a huge void at Virginia.” to the Law School when he had the opquished the duty so he could see his own Steve has spent thousands of hours portunity to join the administration as daughter graduate from the University. counseling students and making connecdirector of placement in 1979. At the He also played a major role in developing tions between law firm employees, alumni, time, Steve became the fifth administrathe school’s first loan forgiveness program and students to help graduates forge the tor at the Law School, joining Associate and, through his hiring of Assistant Dean career path they wanted, stressed Kevin Dean for Admissions and Placement Kimberly Emery ’91, paved the way for the Donovan. “Dean Hopson has made an Al Turnbull ’62, Associate Dean for Finance Mortimer Caplin ‘40 Public Service Center, impact on so many lives during his time and Administration Lane Kneedler ’69, an office that has grown to include several at the Law School. Every year during onDirector of Admissions Jerry Stokes, and career counselors.

Grounds interviews and reunions, alumni Director of Student Affairs Elizabeth Low. Steve has worked under six deans— seek me out and tell me their stories of how His duties also included reading admissions Emerson Spies, Richard Merrill, Thomas Dean Hopson’s help made all the difference files, interviewing applicants for admission, Jackson, Robert Scott, John C. Jeffries, Jr. ’73, in their job searches. Steve is an inspiration and working with those students who were and now Paul Mahoney. “I’m honored to to all of us. He cares deeply for the students. interested in public service careers. have worked for all of them,” he said.

He works tirelessly without ever looking In 1986 he started running the Law Yared Getachew ’98, who also served as for credit. He is one of the unsung heroes School’s graduation ceremonies. “I took the Law School’s assistant dean for public of this place.” particular pride in working to make sure service for several years, praises Steve as “one

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A SAMPLE OF THE VIDEO AND MP3 OFFERINGS FOUND ONLINE

Multimedia News Offerings at www.law.virginia.edu/news SYRIA BEHIND THE HEADLINES: DYNAMICS OF THE UPRISING AND HUMAN RIGHTS ON THE GROUND Basamm Haddad, director of the Middle East Studies program at George Mason University and founder of the e-zine Jadaliyya, spoke on the roots of the uprising in Syria and the current situation on the ground.

THE CRIME OF INCITEMENT: PROPAGANDA AND MEDIA IN INTERNATIONAL CRIMINAL TRIBUNAL JUDGMENTS Richard A. Wilson, Gladstein Chair of Human Rights, professor of anthropology and law, and director of the Human Rights Institute, University of Connecticut, speaks on “The Crime of Incitement: Propaganda and Media in International Criminal Tribunal Judgments.”

EYEWITNESS MEMORY AND THE SOCIAL SCIENCE RESEARCH Jennifer Dysart, one of the nation’s leading experts on the factors influencing the accuracy of eyewitness identification, spoke at a symposium on “Eyewitness Identification Procedures in the Commonwealth.”

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RELIGIOUS LIBERTY AND THE CULTURE WARS Professor Douglas Laycock lectures on religious liberty and the culture wars to mark his appointment as the Robert E. Scott Distinguished Professor of Law.

A WALK ACROSS THE SUN As part of the Virginia Festival of the Book, author Corban Addison ’04 discusses the research and writing of his novel, A Walk Across the Sun, which crosses international boundaries and delves into both human trafficking and the depths of family love.

GAMBLING AND CORRUPTION IN SPORTS At the “Vice and Morality in Sports” symposium, presented by the Virginia Sports & Entertainment Law Journal and the Virginia Sports Law Society, a panel discussed gambling and corruption in sports. The panel featured Tom Ostertag ’81, senior vice president and general counsel of Major League Baseball; Ryan Rodenberg, assistant professor of sport law, Department of Sport Management, Florida State University; Jeffrey Standen ’86, associate dean for academic affairs, Van Winkle Melton Professor of Law, Willamette College of Law; and moderator Alex Johnson, Perre Bowen Professor of Law and director, Center for the Study of Race and Law.

THE FUTURE OF THE VOTING RIGHTS ACT: A DISCUSSION ABOUT SHELBY COUNTY V. HOLDER AND WHAT IT MEANS FOR VIRGINIA Professor Risa Goluboff and Ridge Schuyler ’87, former Virginia Counsel for Obama for America, discuss the recent argument in Shelby County v. Holder, the case challenging the constitutionality of Section 5 of the Voting Rights Act.

A CONVERSATION WITH THE GENERAL COUNSEL FOR THE NAACP What does it mean to lead the general counsel’s office for one of the oldest and most respected civil rights organizations in the country? Kim Keenan ’87 discusses her work at the NAACP and her career in both the public and private sectors.

THE MAN WHO SHOT LIBERTY VALANCE: THE FUTURE OF FINANCIAL REGULATION Ethiopis Tafara, director of the Office of International Affairs at the U.S. Securities and Exchange Commission, spoke as part of the Virginia Journal of International Law and the J.B. Moore Society of International Law symposium, “Financial Innovation in a Changing World.”

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POVERTY AS DISABILITY: NEUROSCIENCE, POOR CHILDREN AND SPECIAL EDUCATION

RISING: THE REBUILDING OF THE WORLD TRADE CENTER

Professor James Ryan ’92 and Angela Ciolfi ’03, director of the JustChildren program of the Legal Aid Justice Center, speak on “Poverty as Disability: Neuroscience, Poor Children and Special Education” at the Virginia Journal of Social Policy & the Law’s symposium, “Theory and Practice.”

William Baroni ’98, deputy executive director of the Port Authority of New York and New Jersey, discusses efforts to rebuild the World Trade Center. Baroni delivered his address during Law Alumni Weekend.

COMING APART: THE ISOLATION OF THE NEW UPPER CLASS The Federalist Society hosted the American Enterprise Institute’s Charles Murray, who spoke on an aspect of his most recent book, “Coming Apart: The State of White America, 1960–2010.”

THE CAPITALIST DILEMMA: DISRUPTIVE TECHNOLOGY IN A RECOVERING ECONOMY Harvard Business School professor Clayton Christensen discussed the effects of disruptive innovation on a recovering economy in a talk to law and business students.

THE ARAB SPRING AND THE FUTURE OF THE ARAB WORLD Jordan’s former ambassador to the European Union, Ahmad Masa’deh LL.M. ’92, spoke on the Arab Spring and the future of the Arab World.

BENDING TOWARD JUSTICE: THE STRUGGLE FOR CIVIL RIGHTS TODAY Mary Bauer ’90, legal director of the Southern Poverty Law Center speaks as part of the annual commemoration of the life and legacy of Martin Luther King, Jr.

DEFENDING SEN. STEVENS: FAIRNESS IN PROSECUTING THE LAW Robert Cary ’90, partner at Williams & Connolly, discusses his experience defending U.S. Sen. Ted Stevens and the importance of fairness in prosecuting the law at a talk sponsored by the Federalist Society and the Rex E. Lee Law Society.

UVA LAWYER / SPRING 2013 19

Reimagining UVA

BY CULLEN COUCH

20 UVA LAWYER / SPRING 2013

W

hen Thomas Jefferson founded the University of Virginia almost 200 years ago, he created a model for secular public higher education that has become the envy of the world. U.S. public universities produce 70 percent of the nation’s scientists, engineers, and doctors, and most of its university-based research. But in spite of such outsized contributions and promise, the system is being questioned and financially squeezed. Meanwhile, other nations, in particular emerging economies, are investing heavily to emulate America’s leading public universities and match their success.

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MANUAL OF THE BOARD OF VISITORS SecƟon 1, Statement of InsƟtuƟonal Purpose. The central purpose of the University of Virginia is to enrich the mind by s mula ng and sustaining a spirit of free inquiry directed to understanding the nature of the universe and the role of mankind in it. Ac vi es designed to quicken, discipline, and enlarge the intellectual and crea ve capaci es, as well as the aesthe c and ethical awareness, of the members of the University and to record, preserve, and disseminate the results of intellectual discovery and crea ve endeavor serve this purpose. In fulfilling it, the University places the highest priority on achieving eminence as a center of higher learning.

— Statement of InsƟtuƟonal Purpose adopted by the Board of Visitors in May 1985 SecƟon 2.4, Powers and DuƟes. The powers and du es conferred upon the Board are to be exercised for the purpose of carrying into effect the Statement of Ins tu onal Purpose.

SecƟon 4.1, The Rector and Vice Rector of the University. The Rector of the University is especially charged with the duty of maintaining that level of interest and ac vity among the members of the Board of Visitors as will best contribute to the determina on of broad policies, wise planning for the future, intelligent and considerate observance of the rights of the faculty and the student body, including the care and preserva on of the Honor System, and maintenance of the independence of the Board from outside influences harmful to the interests of the students and faculty of the University.

22 UVA LAWYER / SPRING 2013

Ironically, states are now running away from the records of their flagship universities as they debate the future of public higher education. University governance was always informed by politics, but elected officials and trustees historically showed restraint in deference to institutional management, or at least sought to balance strategic differences. Today, public universities sometimes resemble a tug-of-war between the administration and the board, with less collaboration and more conflict, often over academic issues that were previously reserved to the discretion of the president and the deans.

In the last two years alone, the presidents of the University of Wisconsin–Madison, the University of Illinois, and the University of Oregon—plus another eight presidents of public research universities—were ousted or forced to resign. Whom did they fail to serve? It’s not clear, but boards are increasingly proxies for governors, and the governors of Texas, Florida, North Carolina, and Wisconsin, for example, have been pressuring the “educational elite” in their states to cut costs and trim programs.

Their rhetoric reflects the times. The economy is still struggling, states have right-sized to close deficits, and revenues are not expected to rise fast enough to avoid hard choices. Public universities are not immune to calls for greater fiscal prudence and accountability. But critics such as Governor Pat McCrory of

North Carolina go much further. His staff is drafting legislation that would fund the UNC system “not based upon how many butts are in seats, but how many [of those] butts can get jobs.” Governor Rick Scott of Florida asks, “Is it a vital interest of the state to have more anthropologists?” Governors Scott Walker of Wisconsin and Rick Perry of Texas want to link state funding of their systems to alumni employment.

More subtly, the State Council of Higher Education for Virginia began publishing the starting salaries of college graduates by school and program of study. Not surprisingly, the technical disciplines have higher earners than the humanities, but that has always been true. It’s a facile analysis for the moment because tight budgets are in search of spending rules, and everyone understands income. Hunter Rawlings, president of the Association of American Universities, throws up his hands in dismay. “This ranking is specious. As others have said, not everything that counts can be counted, and not everything that can be counted counts.

Yet treating all college as vocational training encourages just that kind of simplistic thinking, reducing the value of an education to a single number.”

Such sentiments challenge what many believe to be the intrinsic value of higher education. “We are certainly in a time where higher education is under attack, not simply based on cost, and we need to defend it,” says George M. Cohen, the Law School’s Brokaw Professor of Corporate Law and the Chair of UVA’s Faculty Senate. “This should not be a partisan issue. We are talking about being competitive in the world and having an educated populace of responsible citizens able to think critically, whatever their political beliefs.”

“Narrow technical training may solve certain types of problems,” adds Robert W. Iuliano ’86, General Counsel of Harvard University, “but in the end that person may not be as well situated as someone who has both the technical training and a broader knowledge base to find answers when hard questions arise. I like to work around people who can think creatively and have a broad base of knowledge upon which to draw, because that’s going to help solve increasingly complicated problems that require multidisciplinary perspectives.”

Indeed, UVA President Teresa Sullivan sees an even more dire threat. “I tell you without exaggeration that as we in the United States are tearing down our research universities, other countries, which may one day be our adversaries, are building them up,” she told an audience on Grounds in February. Sullivan asserts that UVA has a responsibility to make public higher education sustainable “because our national security depends upon it. I think we can do it because of our distinctive history, because we have a history of innovation that makes us a change leader, because of our uncommon size and scale compared to other flagship universities, and most importantly, because we are not embarrassed to embrace a set of strong values.”

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“Converging forces” Gerald L. Parsky ’68, founder and Chairman of Aurora Capital Group in Los Angeles, was a member of the University of California Board of Regents for 12 years, serving as Chair from 2004 to 2007, and was a trustee of Princeton University from 1981 to 1991. Even before the financial crisis and ensuing recession, Parsky foresaw the challenges facing public universities, the “converging forces” they must manage to fulfill their mission of providing access to quality higher education at an affordable price.

Just as in Virginia, where the Commonwealth provides just eight percent of the University’s budget, state funding of public universities around the country has steadily declined. “It would be contrary to the University’s charge to make up that difference solely through tuition,” says Parsky. “Private support should be a primary source to replace state funding, but it must do so without raising the specter of privatization. I’m sure that University of Virginia alumni are just as dedicated and loyal to their alma mater as the alumni of private institutions, but they’re relatively untapped. So you need to look at private giving not as something to be feared, but something you can carefully marshal as you seek to make up for less public funding.”

Changing demographics are also forcing public universities to reconsider their relationship with the K–12 systems that feed them.

“In California as well as Virginia, the challenge is to figure out a way the entire population can have access to the best university system in the world,” says Parsky. “That gets to the direct link to K–12. The universities have to participate in helping to prepare students for college. In California, the universities have Student Academic Preparation and Educational Partnerships that do this, but more needs to be done.”

Cohen agrees, and notes that expanding access to higher education puts a premium on teaching. “Certainly the faculty need to focus more on teaching critical thinking skills,” he says, “but

24 UVA LAWYER / SPRING 2013

we also have to think about who we’re teaching and what these students’ experiences are. We have to recognize that we are dealing with challenges in admitting students who have gone through school systems where teachers are teaching to the test, where the students themselves do less real critical thinking and writing.”

Then there is the lingering tension surrounding affirmative action. Educators value diversity for the myriad backgrounds and perspectives it brings to the campus conversation. “Diversity is a key principle and defining characteristic of the State of California and its universities,” says Parsky. “As a result, I’m a believer in legal affirmative action because we need diversity on our campuses, especially our public universities. The admissions office should be careful not to use processes that discriminate on the basis of race or ethnicity but should take into account a number of factors in evaluating an applicant. For instance, it is important to understand the obstacles that a student may have had to overcome in getting to where he or she is and take that into account. If the admissions office does not consider such a factor, as well as other factors, it minimizes the chances of having a truly diverse campus where all students benefit.”

A uniquely complex organization “A university, compared to any other institution in the world, is a place that always has to be growing and learning because of the very nature of what we do.” —Teresa Sullivan, February 4, 2013 Like most modern research universities, UVA is a hive of related but disconnected activities. In addition to offering a full curriculum, the University manages a health care system, retail operations, entertainment and sports events, real and intellectual

“Just as a disengaged board is dangerous, there are also consequences when a board, or some of its members, push too deeply into the roles and responsibilities of the administration.” —Robert Iuliano

property interests, building and maintenance, and a host of other concerns. It employs 12,500 and has an annual operating budget of $2.6 billion. “A university, particularly a large research university, does just about everything,” says Iuliano. “It is its own town in a way, but with international impact.”

The University health system is especially vast and complicated.

Having a medical school and running a hospital are in the public interest, but the scope of medical research and applied discovery drives a much larger enterprise. The sprawling business that has evolved is hardly what was originally contemplated, and it presses the expertise of president and board alike to set goals and allocate resources.

“It’s not as if the president of UVA woke up one day and said, ‘Hey, I’ve got a great idea, why don’t we get into the health care business!”’ jokes William B. Fryer ’74, a trustee of the Law School Foundation as well as the College Foundation. “No one would have done that. All institutions that are deep into the health care business struggle with it.”

Another feature of the 21st-century university that tests conventional management practice is the composition of its stakeholders. Renowned brands, like UVA, reinforce their leadership by engaging as many constituencies as possible. Faculty, students, staff, parents, alumni, patients, private industry, policy makers, legislators, news media—these are just some of the groups that care about a place like UVA and have their own expectations of what it should be. Of course, they each see the role of the university differently, which puts the institution in the unusual position of wanting a large fan base with disparate interests. The great universities make it work, but they have had to adapt.

One conspicuous change is the increase in administration. It’s a fair complaint, but consider the growth in regulation by state and federal governments, whose involvement in university affairs requires more legal and compliance functions. “Forty years ago people like me didn’t exist,” says Iuliano. “Harvard had no need for a general counsel. Now, I have 13 lawyers working for me. Why?

Because there are a whole set of regulations and legal obligations that we have to meet.”

Further, a university is inherently decentralized. The work of faculty often spreads into other fields but is not easily coordinated across the university. Joint scholarship and discovery can be slow coming to market or reaching a wider audience because departments naturally protect their own turf and want to reward their own. Concerns about hiring, promotion, and tenure tighten the knot. “In an abstract sense the faculty wants interdisciplinary work, but they have to figure out who gets credit for these collaborations,” says Cohen.

For example, should a faculty member from one school co-teach in another school? If so, who pays, and how much? If students take courses in other schools, should their tuition be apportioned? That leads to thinking in silos, says Cohen. “If people started internalizing the idea that to be a full citizen of the university you must branch out into other disciplines, and that was made part of the job description and the tenure standards, then faculty members would start caring more about it.”

These hurdles are not unique to UVA and its peers. “It’s a complicated set of issues,” says Iuliano, “but I’m not prepared to despair that they aren’t solvable. At the end of the day, individual faculty members will also recognize that their work will benefit if they can interact with people who have a different set of skills and perspectives. I think the responsibility of the university is in part to make that collaboration as easy as possible by gradually reducing the barriers.”

According to Cohen, faculty see their role broadly as research (creating knowledge), teaching (disseminating it), and service (interacting with university administration and the public at large). “I think some of the controversies about higher education arise from differences on how to balance those three things,” he says. “Certainly the faculty believes strongly that those three things interrelate and feed on each other. I don’t think that’s always the perception outside academia.”

UVA LAWYER / SPRING 2013 25

26 UVA LAWYER / SPRING 2013

“… to lose the opportunity at this particular juncture, which may be the best time to consider a major change, would be profoundly disappointing.” —William Fryer

Finally, a university’s “product” is not just unique in content, but also in kind. An economist might say higher education offers an “associative good,” where the value to the buyer is determined by consumer demand. “The quality of the students we bring here is a big part of the product that we’re selling,” Cohen explains. “The University is selling its students to each other in some sense, and part of the result of that is a constant desire to improve student quality in response to increase in demand.”

The challenge of university governance Just as major research universities bear little resemblance to ordinary businesses, the way their governing boards are put together and fit with the institution is different, too. Directors of for-profit companies focus primarily on earnings and shareholder value in judging management. Even most non-profit boards tend to identify discrete, measurable goals since their charitable purpose is clear and specific. As a result, in most cases the board and management see the same ends and the same way forward. Not so for the modern public research university.

Jeffrey C. Walker (McIntire ’77) chairs UVA’s Council of Foundations, a panel of representatives from the boards of the University’s schools and related foundations. He is also immersed in the University’s strategic planning process. Walker’s view is that traditional governance structures fail to recognize the number of stakeholders in a university’s success, and lack the patience necessary for management to make changes that will take time to be accepted and demonstrate results. “The Board of Visitors needs to be listening so people feel like they are part of the process,” he says. “No one has ultimate authority or power. If you think you do, you’re wrong. Whether it’s the administration, the deans, the

faculty, the students, the alumni, the surrounding community, the legislature, the governor … if any of those dominate, it’s going to be a problem. There must be an atmosphere that brings together the best of everyone’s ideas and then allows people like Terry Sullivan to lead us to the next hill.”

Parsky made the same observation about the University of California system. “It was very hard for trustees, students, faculty, and the administration to have a real working relationship,” he says. “As the chair [of the Board of Regents], I took an incredible amount of time to meet with each of those groups at various campuses, but it takes that effort to have a link to them.”

Being an effective trustee is no longer as simple as showing up at meetings. Trustees may be smart and successful, but they must learn the daily work of the institution as well as the soft skills of a university fiduciary. “Maybe the Board of Visitors should ask one of the former provosts, or a past rector like Gordon Rainey [’67], to mentor new members,” says Walker. “They should go out and start meeting with different sets of deans or spend more time with other constituents. But that takes time, and it’s not easy for somebody with their own full-time job. Instead, you have a board that handicaps itself.”

Process matters The events of last summer at UVA suggest that trustees may underestimate the demands of board service and the reach of their experience. “Trust me,” says Walker. “There are a lot of people in the business world who come on these boards, whether it’s a hospital or an arts institution or a university, thinking they’ve been on many boards and can walk in and try to apply the corporate model they know. It doesn’t work.”

Michael J. Horvitz ’75, the former Chair of the Law School Foundation board of trustees, has found that lawyers and

UVA LAWYER / SPRING 2013 27

“No one has ultimate authority or power. If you think you do, you’re wrong.” —Jeffrey Walker

consultants often make effective board members even though lawyers are somewhat out of favor on corporate boards. Both spend their entire professional lives persuading people to do the right thing because they cannot force anybody to do anything.

Corporate executives often have a more difficult time for that very reason. They make decisions and give orders every day on their own authority. Building consensus takes longer, and may reveal weak support for an idea—but that is the virtue of process in an academic community. Success is achieving objectives that are universally valued inside and outside the university. Anything less risks dividing the institution.

“I’ve seen corporate executives become very good board members, but I’ve also seen some drop off boards because they can’t stand wasting all this time in meetings,” says Horvitz. “When you translate that, what they really mean is they don’t want to have to talk to people and build consensus, they just want to figure out the right thing to do and then tell them to get it done. But that’s just not the nature of board work.”

Finding the right person The path to membership on a university board rewards loyalty and affinity, but also philanthropic and political support. Depending on what mattered most, a new trustee could be an imperfect fit with the culture of the institution or the governing style of the board. Someone accustomed to uncontested leadership will soon recognize that at best they are first among equals. Altruism and humility do not solve every problem, but they do define boards that work well together.

“They should be collegial people who have the best interest of the institution at heart,” says Horvitz. “They should be people who are not looking for their own aggrandizement, or to order the president or dean around. They should be people who can work collaboratively.”

28 UVA LAWYER / SPRING 2013

Iuliano agrees. “In any sphere—industry, higher education, other non-profits—good governance requires a collaborative and interactive relationship between the board and the administration, and especially between the board and the president. That’s not to say the fiduciaries and the administration serve the same function; they do not. Just as a disengaged board is dangerous, there are also consequences when a board, or some of its members, push too deeply into the roles and responsibilities of the administration.”

An advantage trustees typically have over administrators is their personal connection to elected officials. They are closer to the political process and know the minds of their lawmakers. Parsky believes these are assets that board members should use on behalf of the institution. “One of the things I suggested was to get the regents more involved in Sacramento. It’s not just the university administration that should be advocating for the university. It should also be the trustees. Their willingness to do that should be one of the conditions of appointment by the governor.”

In that connection, an unintended consequence of public governance is the chilling effect of open meeting laws. Designed to guard against irregularity and promote accountability, they have instead stifled frank discussion. In Virginia, no more than two members of a public board can talk about the business of the board without triggering sunshine laws. “How can anybody have a free flow of ideas?” asks Walker. “Everything is being vetted in front of the press and they’re hanging onto your every word and catching every mistake. It’s actually debilitating to free speech. In Michigan and other states they can meet as long as they don’t vote on and make decisions, so that the decision process is actually public but the consultation and the process can be in any form it wants.”

“Boards are deliberative bodies,” says Horvitz. “They can’t function in a fishbowl.” The board should be able to unpack issues in a candid and confidential environment, while keeping public the actions they take and the rationale behind them. “But the public doesn’t need to know every single thing that somebody considered and decided not to do,” cautions Horvitz. “Their inability to have

candid discussions about options hamstrings the board. It’s easy to get off track. You need the group discussion to bring you back to reality.”

Moreover, a board should set priorities and guidelines for an institution and not try to manage how to implement them. “That’s the administration’s job,” says Horvitz. “The rector doesn’t have the right to be giving orders to the president. The job of a member of a governing board, particularly a chair of a governing board, is to build consensus to get disparate factors moving in the same direction. That requires a very different skill from being an effective corporate executive or an effective military general, where your job is to give orders and expect them to be followed.”

The Law School Foundation, for example, has an independent board that oversees the management of private gifts held exclusively for the Law School. The Foundation funds a material portion of the Law School’s budget. In theory, the board could express disagreement with the dean by withholding money, “but I’ve never seen that happen,” says Horvitz, who chaired the Foundation board from 2002 to 2008. “I’ve seen plenty of collaborative discussions about priorities between the dean and the Foundation trustees, but the culture of the Foundation really works hard to foster a strong relationship with the Law School. We view our mission as supporting the Law School and not trying to direct it or move it off course.”

The “Defining Moment” The UVA community learned last June that it was not immune to boardroom drama after the Rector and Vice Rector emailed a stunning edict. “On behalf of the Board of Visitors,” it read, “we are writing to tell you that the Board and President Teresa Sullivan today mutually agreed that she will step down as president of the University of Virginia effective August 15, 2012.”

What ensued was a backlash against poor governance. The BOV’s action was seen as a breach of trust, at odds with faculty and student opinion and short on courtesy and due process. The BOV eventually reinstated Sullivan as president, a popular move that let the healing begin. It was, in Sullivan’s words, a “defining moment.”

Cohen, who had been installed as Chair of the UVA Faculty Senate only a few days earlier, was in San Diego for a wedding when he read the announcement. He immediately recognized there were serious corporate governance failings. Cohen also wanted, and expected, a fuller explanation from the BOV. “My first reaction was that there must be some kind of scandal for the BOV to have acted so suddenly, but there wasn’t,” Cohen says. “In terms of governance, it’s just not good business practice to dismiss a university president without following a transparent process.”

From the start, the BOV was beset by questions of process and fairness and never spoke as one about why it demanded Sullivan’s resignation. The Rector’s refusal to elaborate, other than to claim “philosophical differences” and privileged “personnel matters,” only inflamed public suspicion. The Rector could have canvassed the Visitors’ positions in an executive session of the whole board.

Instead, it appears she conducted a series of private conversations with individual BOV members. “I think she made the wrong decision,” Horvitz says. “A lot of good comes from talking through these issues with the full board. When you are deprived of that, you get the kind of result that happened last year.”

Ten days after it started, the BOV voted unanimously to undo its action and re-unify the University. “I think we all feel good about the fact that we rallied to her defense and got the president back,” says Walker.

A months-long investigation of the matter by the American Association of University Professors concluded in March that the “breakdown in governance at the University of Virginia … was only partly a result of structural failure; indeed, the board ignored its own recently adopted guidelines on presidential evaluation. In

“A lot of good comes from talking through these issues with the full board. When you are deprived of that, you get the kind of result that happened last year.” —Michael Horvitz

UVA LAWYER / SPRING 2013 29

much greater measure it was a failure by those charged with institutional oversight to understand the institution over which they presided and to engage with the administration and the faculty in an effort to be well informed. It was a failure of judgment and, alas, of common sense.”

For his part, Cohen emerged as a visible leader of an invigorated Faculty Senate. As a law professor, he concentrated on matters of governance to help resolve the crisis. Faculty groups around the country have consulted him to improve relations with their own governing boards. “It’s interesting how much this story has resonated with such a wide variety of people,” he says. “These are people who are very worried and would like the magic formula for how we did it, but there is no magic formula. We had a very lucky alignment of the planets, and it’s not easily replicated.”

The UVA Council of Foundations has also created a committee to study governance at the University and make recommendations to the BOV. It is coordinating its efforts with the strategic planning working groups. A central theme is emerging. “Governance follows rather than precedes,” explains Fryer. “If you’re designing governance for an educational institution, you do so after you’ve set your mission and general agenda and then structure yourself accordingly. The fact that the University is embarking on this at the insistence of the Board of Visitors, and with the cooperation and leadership of the president, means there should be a significant degree of patience to allow that process to play out.”

What now?

At the head of the strategic planning effort is President Sullivan.

Her goal is to “assess UVA’s strengths and weaknesses, set priorities, and chart a bold, achievable course for the University’s future … [that will] re-examine and re-imagine the University as we approach its third century.” She oversees working groups devoted to faculty retention and development, resources, student life and career services, technology, synergy, and the ideal of the public university.

Sullivan has asked this last group to answer three primary questions. What does it mean to be a public university in the 21st century? To what extent can a public mission be pursued in the face of declining state support? How do we make a compelling case to the people and legislators of the Commonwealth that the worldclass excellence of UVA benefits them as well as the nation?

Walker is encouraged. “I was in the 2020 process [an earlier strategic planning effort begun in 1998] and this one is much more collaborative, less top down with more teams representing all the stakeholders radiating up from below,” he says. “To ensure

To its credit, the BOV moved swiftly to address these questions after it reinstated Sullivan. It created a special committee on governance and engagement to recommend policies that would facilitate its interaction with the administration. The BOV also gave its imprimatur to a special committee on strategic planning to develop, with the administration, goals for the academic enterprise.

Fryer notes that governance often entails making hard calls without the benefit of hindsight. What seems like a good decision may later prove unwise. He therefore cautions university leaders to think beyond the moment. “First, you have to be careful and considerate and reflect on the long-term implications, not just the mood of the day, about what kind of governance structures to adopt.

Second, you need to distinguish between individuals who may not be up to the task and a flaw in the structure itself. Individual failures can force changes in structure that may not be warranted.”

A “Grand Bargain”

“… there is no magic formula. We had a very lucky alignment of the planets, and it’s not easily replicated.” —George Cohen

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UVA LAWYER / SPRING 2013 31

Anticipating and knowing that many of and chancellor mightthose makechallenges six or seven hundred thousand dollars full involvement by the BOV, I suggested that the [BOV] Strategy California’s legislators the UC systemthey or had say that’s a reason theygraduated don’t needfrom any more money, earn too Committee co-chairs, Frank [Atkinson ’82] and Lin[wood Rose], children in it, Parsky“What alwaysthey started the proposition, participate more often in the administration-led joint stakeholder much,” says Parsky. don’twith appreciate is that in “Do orderyou to want to maintain theof quality of thisinstitution, institution?” is alstrategy committee meetings. I also hoped the rest of their board maintain the quality the public you“The haveanswer to compete ways yes,” heinstitutions says. “Then for youthe have to walk themadministrators through what that committee would also come so that when we present our strategy with private highest quality takes and beThe ableadministration to demonstrateofthat you are carefullyhas controlling plan in August it will be a partnership-oriented document where and faculty. a public university to be administrative costs, and then defang the politician by saying here’s everyone is already on board.” prepared for this.” what the costs ofthose administration ten years that ago,many and here’s Sullivan’s report to the BOV in February reveals her ambitions Anticipating challenges were and knowing of what they are today—and we’re educating more students.” for the University. “We are not trying to move from mediocre to California’s legislators graduated from the UC system or had Parskyinalso foundalways that a strong program that“Do you good, or from good to great. We are trying to move from great to children it, Parsky startedadvocacy with the proposition, politicians“The who answer want toiscut greater. We have no peer institution want to maintain the qualitychallenges of this institution?” althethrough university canthat to serve as a model for what we want ways yes,” he says. “Then youstate havesupport to walkfor them what put those on the controlling wrong side to become, no single peer to which we takes and be able to demonstrate that legislators you are carefully of the issue.

“You’ve got to handle it can affix our aspirations, because our administrative costs, and then defang the politician by saying here’s full involvement by the BOV, I suggested that the [BOV] One question Strategyholds enormous delicately, but years if youago, canand show that the aspiration to be something unique ’82] and Lin[wood Rose], what the costs of administration were ten here’s Committeeisco-chairs, Frank [Atkinson political valence in Virginia: university wants to keep education and greatermore than any ofinour what they are today—and we’re educating more students.” participate often thepeers. administration-led joint stakeholder for students, and reducing Our aspiration is to meetings. create a future Parsky also found that a affordable strong advocacy program that chalstrategy committee I also hoped the restShould of theirthe board University’s relationship will force in version of this University thatsoisthat better, lenges politicians who want state to cutfunding state support for an theincrease university committee would also come when we present our strategy with the Commonwealth change in tuition, you’ll on the stronger, and more innovative than can put those legislators on the wrong sidebeofpositioned the issue. “You’ve plan in August it will be a partnership-oriented document where right side.” our current self.” on board.” got to handle it delicately, but if you can show that the university everyone is already some significant degree?

Fryer there are The BOV’sreport Committee on in February reveals her ambitions wants to keep education affordable foracknowledges students, andthat reducing state Sullivan’s to the BOV those who just wantbetopositioned smooth over Governance has already implemented funding will force an increase in tuition, you’ll on for the University.

“We are not trying to move from mediocre to the obvious edges in the governance some bornWe of are trying to move from great the right side.” good, recommendations or from good to great. victory.

Sullivan’s such Fryer acknowledges that structure there are and thosethen whodeclare just want to to greater.botched We havedismissal, no peer institution to serve as a model for But thereover are the others who want for the strategic planning as having faculty on BOV committees as to non-voting, smooth obvious edgesto inwait the governance structure and what we want to become, no single peer which we consulting can affix our effort to playvictory. out andBut thenthere workareonothers governance.

“I’mtomore in that members.

The BOV is also turning the on itself,unique addressing then declare who want wait for the aspirations, because our aspiration is tomirror be something and latter camp becauseeffort I hope lives up to its the duration of term limits, teaching new members to become strategic planning to that play the out strategy and thenprocess work on governance. greater than any of our peers.

Our aspiration is to create a future objectives thatlatter it setscamp the course forI hope the University in a positive, meaningful fiduciaries, and re-thinking an appointments “I’m moreand in that because that the strategy version of this University that is better, stronger, and moreprocess innovamaterial way.up I think danger and herethat is that youthe endcourse up with that lacksour continuity process lives to itsthe objectives it sets forathe tive than currentfrom self.” one board to the next. ‘small ball’ in outcome thatmaterial won’t serve University well. here There But these are issues compared the one University a positive, way.the I think the danger is are The Fryer BOV’sthinks Committee on small Governance has alreadytoimplemented understandable about controversy and won’t political managethat enormous political valence in Virginia: the such that you end up concerns with a ‘small ball’ outcome that serve the someholds recommendations born of Sullivan’s botchedShould dismissal, ment, but to loseThere the opportunity at this particular University’s relationship the Commonwealth change in University well. are understandable concerns juncture, about conas having faculty on BOVwith committees as non-voting, consulting which may the bestmanagement, time to consider change, would be some significant degree?

“Some issues—more autonomy for the troversy andbepolitical but atomajor lose the opportunity at members.

The BOV is also turning the mirror on itself, addressing profoundly disappointing.”

University, ratios, tuition—are sobecome controthis particular juncture, which may be the best time to consider a the durationin-state/out-of-state of term limits, teaching new members to Fewchange, observers think UVA’s prevailing reputation—a major versial that iffiduciaries, you merely putre-thinking the words an outappointments there you create a major would be that profoundly disappointing.” meaningful and process university famed for delivering an intimate and powerful student political that’s of the problem,” Few observers think that UVA’s prevailing reputation—a major that lacksfirestorm, continuityand from onepart board to the next. says Fryer. “An experience—will change.

But the there for student Virginia analogy mightthinks be to these the Grand Bargain they keep trying to one get in university famed for delivering anopportunity intimate andispowerful But Fryer are small issues compared to the to lead a broader national effort re-definesisthe nature of a Washington.

You can’tpolitical get the little things done because experience—will change. But thethat opportunity there for Virginia that holds enormous valence in Virginia: Shouldthey’re the great university.

Jefferson established thethe University fora intractable, the only way tothe get Commonwealth the little things done is to to leadpublic a broader national effort that re-defines nature of University’s so relationship with change inhave a that reason under similar circumstances.

A University combination Grand Bargain.” greatvery public university.

Jefferson established the forof some signifi cant degree? “Some issues—more autonomy for the imagination andunder courage couldcircumstances. re-launch UVAAon the eve of its In California, Parsky found that once such questions move that very reason similar combination of University, in-state/out-of-state ratios, tuition—are so controbicentennial in 2019. into thethat political headlines try to highlight imagination and courage could re-launch UVA on the eve of its versial if youarena, merelyofficials put theseeking words out there you create a “The alumni would financially embrace innovative thinking,” things that distort the “They willproblem,” pick out the that“An a bicentennial in 2019. political firestorm, andpicture. that’s part of the saysfact Fryer. says“The Fryer.alumni “This is the time to do it.”

He is encouraged the chancellor might or seven hundred thousand would financially embrace innovative by thinking,” analogy might be make to thesix Grand Bargain they keep tryingdollars to get and in concerted Grounds thisischallenge, andbyhopes say that’s a reason they get don’t more money, theythey’re earn too says Fryer. effort “This on is the time totodomeet it.” He encouraged the it Washington.

You can’t theneed littleany things done because ends in success. been in touch with of the leaders much,” says so Parsky.

“What don’t that in order concerted effort“I’ve on Grounds to meet thisseveral challenge, and hopesofit intractable, the only waythey to get the appreciate little thingsisdone is to havetoa these groups and, believe they’rewith up to the task,” Fryer.of maintain the quality of the public institution, you have to compete ends in success.

“I’ve beenme, in touch several of thesays leaders Grand Bargain.”

“They’re not and, goingbelieve to shirk from big thinking. is, are withInprivate institutions thethat highest administrators these groups me, they’re up to the The task,”question says Fryer.

California, Parsky for found oncequality such questions move Q is, are they going to going be allowed to tackle thethinking. really bigThe issues?” and The administration of a public university hashighlight to be “They’re not to shirk from big question into faculty. the political arena, officials seeking headlines try to prepared this.” the picture. “They will pick out the fact that a they going to be allowed to tackle the really big issues?” ■ things thatfordistort

32 UVA 32 UVA LAWYER LAWYER // SPRING SPRING 2013 2013

FACULTY NEWS & BRIEFS

Daniel J. Meador, 1926–2013

D

aniel J. Meador, a renowned University of Virginia law professor known for his work in establishing a new federal appeals courts, died February 9, at age 86 after a short illness.

Meador was known for his work in teaching and for the government, having attained degrees from Auburn, the University of Alabama, and Harvard. He was also known for continuing his work, almost uninterrupted, after he became blind in the late 1970s due to detached retinas.

“That would have defeated many, many people. … It was almost like he didn’t miss a beat,” said F.D.G. Ribble Professor Emeritus Stanley D. Henderson. “It was really marvelous to observe.”

Henderson taught contracts to first-year law students, while Meador taught them civil procedure. He called Meador “a splendid man, elegant in style and approach,” and praised his sense of humor and his teaching.

“He never took himself too seriously,” Henderson said. “He was never grim about things. He was a thoughtful and careful person about what he said and what he did.”

Meador was born December 7, 1926, is Selma, Ala., and colleagues recalled he carried a Southern accent with him. He served in the U.S. Army during the Korean War, spending time in the artillery and in the Judge Advocate General’s Corps. He clerked for Justice Hugo L. Black of the Supreme Court of the United States.

After spending time in private practice in Alabama, he came to Virginia in 1957.

He was a Fulbright lecturer in England in

1965, and in 1966 he became the dean of the University of Alabama School of Law. In 1970 he returned to the Law School, where he remained until he retired in 1994. He also was founding director of the school’s graduate program for judges.

He received the Raven Award and the Thomas Jefferson Award, along with numerous other professional recognitions.

“Dan Meador lived an extraordinarily full life as a teacher, scholar, dean, public servant, legal reformer, and novelist,” wrote Dean Paul G. Mahoney in an email. “He inspired generations of students and even in retirement his intellectual energy and commitment to improving the administration of justice did not fade.”

From 1977 to 1979, Meador was an assistant attorney general for the

U.S. Department of Justice, where he organized the new Office for Improvements in the Administration of Justice, which developed solutions for problems in federal and state courts.

Among the office’s accomplishments was a proposal, which Congress adopted, that joined the U.S. Court of Claims and the U.S. Court of Customs and Patent Appeals, creating the U.S. Court of Appeals for the Federal Circuit.

At the same time, Richard A. Merrill, another Law School colleague of Meador’s, was also working for the government in Washington. “Both of us regard those periods [of] legal service to the public as the most important work we did,” Merrill said.

Merrill also said Meador had a charming sense of humor.

In 1983 Meador spent three months in East Germany, studying the Eastern Bloc country’s legal system.

He served on a number of boards, and was active well after his retirement from teaching. He served on the board of the Charlottesville unit of Recording for the Blind and Dyslexic, and was an elder at First Presbyterian Church of Charlottesville.

He is survived by his wife, Alice P. Meador of Charlottesville, three children, Barrie Meador Boyd, Anna Meador Palms, and Daniel J. Meador Jr. ’92, seven grandchildren, and a brother. His former wife Jan died in 2008. They had been married 52 years.

—courtesy of The Daily Progress

UVA LAWYER / SPRING 2013 33

FACULTY NEWS AND BRIEFS …

Jeffrey O’Connell, 1928–2013

J

effrey O’Connell, a pioneer of insurance law reform and a member of the University of Virginia School of Law’s faculty for 32 years, died January 6, at the age of 84.

“By seeing the connection between tort law and insurance law, Jeff O’Connell transformed both and influenced scholars, judges, and legislators,” said Dean Paul G. Mahoney. “He was also a beloved teacher and mentor to generations of Virginia students. We will all miss his intellect, wit, and charm.”

In 1965 O’Connell and Harvard Law School professor Robert Keeton co-authored the landmark book, Basic Protection for the Traffic Victim: A Blueprint for Reforming Automobile Insurance, which envisioned a more efficient system for handling claims that was dubbed “no-fault” insurance.

O’Connell and Keeton— who went on to become a federal judge and died in 2007—lobbied across the country for nofault insurance laws. At least a dozen states implemented no-fault laws, while several others enacted variations. O’Connell also traveled around the globe to push for the idea, helping to launch the concept in Israel, Australia, and New Zealand.

Later O’Connell fought for decades for similar laws to apply to medical malpractice cases. Most recently, he helped draft the nation’s first “early offer” system for medical malpractice claims, which became law in New Hampshire in 2012. The law established incentives

34 UVA LAWYER / SPRING 2013

for defendants to make offers early in the litigation process to cover plaintiff ’s economic losses, such as for lost wages and medical bills.

Guido Calabresi, a senior judge on the U.S. Court of Appeals for the 2nd Circuit and preeminent tort scholar, said he “thought the world” of O’Connell.

O’Connell, who graduated from Harvard Law, joined UVA Law in 1980 and taught insurance and torts until his retirement. At the Law School, he was the Samuel H. McCoy II Professor of Law Emeritus.

Prior to joining UVA’s faculty, O’Connell taught at the University of Illinois for 16 years and was a trial lawyer in Boston with the firm of Hale & Dorr.

He also taught at the University of Iowa and was a visiting professor at Northwestern University, the University of Michigan, Southern Methodist University, the University of Texas at Austin, the University of Washington, and Oxford and Cambridge universities in England.

In recent years O’Connell helped design an “early offers” plan in which businesses facing personal injury lawsuits could promptly pay injured parties for out-of-pocket medical expenses and lost wages.

Since 1966 O’Connell wrote or co-wrote 12 books dealing with accident law, published dozens of articles on tort and insurance law, and lectured across the United States and around the world. He never stopped pushing for reform, despite opposition from many quarters.

O’Connell is survived by his daughter Mara O’Connell, son Devin O’Connell, sister Jesslyn McNamara, and brother Thomas E. O’Connell. O’Connell coauthored many publications with his brother, who also worked in higher education.

by Brian McNeill

FACULTY NEWS AND BRIEFS …

KENNETH ABRAHAM has published “Four Conceptions of Insurance” in the University of Pennsylvania Law Review, and “Liability for Bad Faith and the Principle without a Name (Yet)” in the Connecticut Insurance Law Journal.

In February Abraham delivered a tribute to Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit, entitled “Pushing the Quest Further,” at a program at New York University Law School. The school is dedicating an issue of the Annual Survey of American Law to Judge Calabresi.

Last fall CHARLES BARZUN published three articles: “Impeaching Precedent” in the University of Chicago Law Review; “The Forgotten Foundations of Hart & Sacks” in this spring’s Virginia Law Review; and “Legal Rights and the Limits of Conceptual Analysis: A Case Study” in Ratio Juris.

Last fall the Law School’s child advocacy clinic directed by ANDREW BLOCK released a report on religious exemptions from school attendance in Virginia.

The report generated substantial media coverage (including favorable editorial coverage) and discussion. Students are working on a similar report, which will also involve distribution of surveys, on the practice of in-court shackling of juvenile defendants in Virginia.

In January RICHARD BONNIE ’69 testified during the opening session of the Sandy Hook Advisory Commission appointed

by Connecticut Governor Daniel P. Malloy in the wake of the tragedy in Newtown on December 1. He reflected, at the governor’s request, on Virginia’s response to the Virginia Tech shooting in April 2007. Bonnie helped to guide Virginia’s mental health and campus security policies as chair of the

In November MARGO BAGLEY presented “The International Patent System” at the State Intellectual Property Office of China Intensive Training Program at Cardozo Law School, Yeshiva University in New York.

In February she presented “The Who, What, When, Where, Why & How of Patent Subject Matter Eligibility Disputes” at the Manzo Scholarly Symposium at DePaul University School of Law. In March she was speaker and moderator on “Agricultural Innovation in Africa,” “Facilitating Innovation Through Technology hnology Transfer,” and “IP and Development opment in Africa” at a U.S. Department nt of Commerce CLDP/Africa IP P Group Workshop on IP Utilizazation and Protection in Africa,, Dar es Salaam, Tanzania. She was also a panelist on “Patents ts and the Supreme Court,” at the Georgetown University Law Center Conference: The

Commonwealth’s Commission on Mental Health Law Reform and as advisor to the Virginia Tech Review Panel.

The Sandy Hook Commission also heard from former Governor Bill Ritter of Colorado who served on the Columbine investigative panel in 1999.

The next day Bonnie participated in a roundtable conversation in Richmond at the invitation of Vice President Joe Biden to discuss the lessons learned from the Virginia Tech experience to get feedback on the White House’s recently announced plan for reducing gun violence. Also participating in the 20-person roundtable were Virginia Senator Tim Kaine,

Changing Patent Landscape in Washington, D.C. In April she presented “The Wheat and the (GMO) Tares: Lessons for Plant Patent Litigation from the Parables of Christ” at the University of St. Thomas Symposium on Intellectual Property and Religious Thought; and “Patent Subject Matter Eligibility” at the University of Minnesota School of Law Patent Conference in Minneapolis.

Bagley published with Ruth L. Okediji & Jayy A. Erstling, g International Patent Law and Policyy (W (West Publishing). In June published “Pharmaceutical she p Data Exclusivity Protection,” Da a book chapter in Josef Drexl and Nari Lee eds., Pharmaceutical Innovation, Competition and Patent Law: a Trilateral Perspective (Edward Elgar Publishing).

P

UVA LAWYER / SPRING 2013 35

FACULTY NEWS AND BRIEFS …

Richmond Congressman Bobby Scott, Homeland Security Secretary Janet Napolitano ’83, and Health and Human Services Secretary Kathleen Sibelius.

In March Bonnie also made presentations on mental health and firearm policy at the Bloomberg School of Public Health at Johns Hopkins University and on advance directives in health care at the UVA Health Policy Center. In April he presented the keynote address at a conference on “Criminalization of Mental Illness” at the University of Southern California Law School, as well as made a presentation on mandatory outpatient treatment (jointly with Professor John Monahan) to the Sandy Hook Advisory Commission.

In May he presented on the lessons of current transformation of U.S. tobacco policy for recent state proposals to legalize marijuana at a workshop for state

lawmakers sponsored by Families in Action in Atlanta; and on driving safety and neuropsychiatric disorders at the American Psychiatric Association Annual Meeting in San Francisco.

Also in May Bonnie agreed to chair a new study for the National Academy of Sciences on improving the health, safety, and wellbeing of young adults.

This project, which began its work with a scientific workshop in Washington, D.C., is intended to take a comprehensive look at what is known about the neurobiological, psychological, and social development of young adults and about the social, cultural, and economic landscape in which transitions to adulthood are now occurring. In what is expected to be a two-year study, the committee will identify research needs as well as policy implications of its findings.

In February DARRYL BROWN ’90 presented a paper, “The Ambiguity of Efficiency in Adjudication,” to the faculty in a workshop at Fordham Law School. In March he served as a commentator and panelist at the Criminal Justice Scholars Forum at University of Florida Law School. In April he presented a paper, “Democracy and Markets in Criminal Adjudication,” at the New York University Criminal Law Colloquium, and then on a panel at the Law and Society Association annual meeting in May. Brown is working with Brandon Garrett to organize and co-host a criminal justice scholars’ working papers conference at the Law School in June where they will both, among others, present works in progress.

36 UVA LAWYER / SPRING 2013

In August JON CANNON was reappointed to the National Academy of Sciences’ Board of Environmental Studies and Toxicology, and in October he was elected to the Board of Regents of the American College of Environmental Lawyers.

In April Cannon gave a presentation on “Religion and Environmental Law” at the Stegner Center’s 18th Annual Symposium in Salt Lake City. He continues work on a book on environmentalism and the Supreme Court, which he hopes to finish in draft by the end of this year.

Cannon served as co-chair of a recent conference at the Law School, “Making Conservation Sustainable: Institutional Design and the Natural Environment.”

Co-sponsored by the National Fish and Wildlife Foundation and Vanderbilt Law School, the conference focused on a critical question emerging in the conservation field—designing institutional arrangements that will protect conservation gains when governmental or private philanthropic interventions come to an end. Conference co-chairs will prepare a white paper to guide future interdisciplinary research on aspects of this question.

In October GEORGE COHEN spoke on the University governance crisis to the American Association of University Professors Annual Conference on Faculty Governance and to the University of Michigan Faculty Senate, and in January to the Maricopa County Community College District Faculty Association and to the National Association of Student Professional Administrators–Alabama.

In February he delivered an ethics presentation, “Beyond the No-Contact Rule: Ex Parte Contacts by Lawyers with NonClients” for the J. Reuben Clark Society Annual Conference at Georgetown Law School, and the same paper in March for the Admiralty Law Institute at Tulane Law School. A paper based on the presentation will be published in the Tulane Law Review.

In April 5 Cohen presented a paper at a symposium on Transactional Lawyering: Theory, Practice, and Pedagogy. The topic will be “The State of Lawyer Knowledge under the Model Rules.”

FACULTY NEWS AND BRIEFS …

In March of 2012 KIM FORDE-MAZRUI debated former University of California Regent Ward Connerly on “Fisher v.

University of Texas and the Future of Affirmative Action.” The event was cosponsored by the Federalist Society and the Center for the Study of Race and Law. In April 2012 Forde-Mazrui delivered a speech entitled “Accessibility as a Civil Right” at a conference sponsored by the University of Virginia’s Office for Equal Opportunity Programs at Newcomb Hall.

In May 2012 Forde-Mazrui delivered a speech on the constitutional history of affirmative action at the law firm of Fried, Frank, Harris, Shriver & Jacobson in Washington, D.C. In the fall Forde-Mazrui wrote two media posts for the Law School website, one on the pending Supreme Court case on affirmative action, “UVA Law Professors

Preview Supreme Court Case Involving Affirmative Action in College Admissions;” and the other on the pending Supreme Court case on same-sex marriage, “How Will the Supreme Court Rule on Same-Sex Marriage?”

In January he presented a paper at a conference at the University of Pennsylvania Law School, entitled “Must Government Ignore Racial Inequality.” He also presented the paper in April at Wake Forest University School of Law and to UVA’s Working Group on Racial Inequality.

In March Forde-Mazrui was honored as this year’s winner of the University of Virginia’s John T. Casteen III DiversityEquity-Inclusion Leadership Award.

As described by the Office of the Vice President and Chief Officer for Diversity and Equity, “[t]he award honors a member of the University community who best

This spring KEVIN COPE presented his research at the American Society of Comparative Law–Younger Comparativists Committee Conference at Indiana University’s Robert H. McKinney School of Law, and at Washington University School of Law’s Annual Workshop on International and Comparative Law. His article, “The Intermestic Constitution: Lessons From the World’s Newest Nation,” will be published this spring in the Virginia Journal of International Law. In April Cope served on the “Federalism, Foreign Affairs, and Foreign Judgments” panel at the Law School’s Sokol Colloquium on Private International Law, which dealt with foreign court judgments and the U.S. legal system. As part of the colloquium, Cope is investigating empirically the relationship between a forum’s substantive law and plaintiffs’ success in securing foreign judgment recognition.

This summer Cope will serve as a visiting associate professor of law at Georgetown University Law Center, where he will teach International Law I.

demonstrates a dedication to leadership and the ability to create a setting in which the promotion of diversity, equity, and inclusion is paramount.”

In February ANNE COUGHLIN was co-organizer of a conference on “Women in Combat: The Path Towards Integration” held in Washington, D.C. The conference grew directly out of the Molly Pitcher Project, which she started with Law School students in 2011.

In April Coughlin participated in a panel on the combat exclusion policy. This panel is part of a Women’s Summit, which will take place at West Point. She was also invited to participate in a law and language workshop at Johns Hopkins University.

Coughlin published an article, “The Accidental Feminist,” as part of a volume to honor the late Bill Stuntz ’84, The Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz (Michael Klarman et al. eds., Cambridge University Press, 2012).

In March ASHLEY DEEKS’ article, “Consent to the Use of Force and International Law Supremacy” appeared in the Harvard International Law Journal.

UVA LAWYER / SPRING 2013 37

FACULTY NEWS AND BRIEFS …

In December BRANDON GARRETT wrote a piece about recent prosecutions of major financial institutions, “A Christmas Carol for Bankers,” in the Huffington Post. In February he gave a talk on eyewitness misidentifications to the Virginia Association of Chiefs of Police at their annual conference in Staunton.

This spring Foundation Press is publishing Garrett’s casebook, Federal Habeas Corpus: Executive Detention and Post-conviction Litigation, co-authored with Lee Kovarsky; and Notre Dame Law Review published his article “Aggregation and Constitutional Rights,” exploring the relationship between class action procedures and constitutional rights.

Cornell Law Review published his article “Habeas Corpus and Due Process” in late 2012 and this year hosted a discussion of the article to which he wrote a reply to two responses also published in the review, “Habeas Corpus Standing Alone: A Reply to Lee B. Kovarsky and Stephen I. Vladeck.”

Garrett published “Roots of Wrongful Convictions,” a commentary on a piece

by Peter Neufeld and Sarah A. Crowley in Comparative Decision Making, (Philip H. Crowley & Thomas R. Zentall, eds., Oxford U. Press 2013). He also published a symposium piece this spring as part of an issue celebrating the 50th anniversary of Gideon v. Wainwright, “Validating the Right to Counsel” in the Washington & Lee Law Review. Court Review also

38 UVA LAWYER / SPRING 2013

published a short article, “Judges and Wrongful Convictions,” discussing his research on the role of judges in preventing wrongful convictions.

Garrett co-authored an amicus brief on behalf of 14 forensic science scholars, with Erin Murphy, in the case of Maryland v. King currently before the U.S. Supreme Court, regarding the constitutionality of arrestee DNA sampling. In February Erin Murphy and Garrett wrote an op-ed in Slate titled “Too Much Information,” that discussed their views on the case. He wrote a short response to a piece examining the role of confirmation bias in criminal justice, “Blinded Criminal Justice,” in the Journal of Applied Research in Memory and Cognition, on “The Forensic Confirmation Bias,” by Saul Kassin, Itiel Dror, and Jeff Kukucka.

In April he helped organize the Virginia Journal of Criminal Law annual symposium which explored eyewitness identification procedures in Virginia, and featured panels of psychologists, police chiefs, prosecutors, and policymakers. Garrett discussed preliminary results of a survey of eyewitness identification procedures in Virginia. He also presented a draft book chapter, “Images of Injustice” (a chapter in Punishment and Popular Culture, forthcoming 2014, NYU Press), at a conference organized at Amherst College. Garrett also gave a talk at Charlottesville’s Tom Tom Festival on innocence and innovation in the criminal justice system.

In June, Darryl Brown and Garrett are organizing a criminal justice roundtable conference of scholars from nearby law schools. Garrett will present chapters from his forthcoming book exploring how corporations are prosecuted, titled “Too Big to Jail.”

GEORGE GEIS recently completed three writing projects. His article, “Broadcast Contracting,” appeared in the Northwestern University Law Review; an essay entitled “Gift Promises and the Edge of Contract Law” will be published in the Illinois Law Review later this year; and his book chapter, “The Economics of Contract Law: A Business Outsourcing Application” will appear in Law and Economics, published in India by Sage Publications.

In April Geis participated in a corporate law conference organized by the Center for Law, Economics and Finance at George Washington Law School. He also gave a workshop at the University of Texas School of Law on an article draft relating to shareholder litigation. Geis has also agreed to contribute a chapter to an upcoming book project entitled The Research Handbook on Shareholder Power.

FACULTY NEWS AND BRIEFS …

In October MICHAEL GILBERT prepared “Interpreting Initiatives” (forthcoming in the Minnesota Law Review) for a symposium entitled “A More Perfect Union?

Democracy in the Age of Ballot Initiatives” at the University of Minnesota.

In December Gilbert presented “Judicial Independence and Social Welfare” (forthcoming in the Michigan Law Review) at the Law and Economics workshop at Tel Aviv University School of Law and again in April to the Georgetown Law Center.

In May he is presenting “Campaign Finance Disclosure and the Information Tradeoff ” (forthcoming in the Iowa Law Review) at the annual meetings of the American Law & Economics Association. Gilbert already presented it in October at the Midwest Law & Economics Association annual meeting at Washington University and at the Law School.

Gilbert is also working on two projects of note. Both challenge conventional wisdom in election law. The first argues that campaign finance disclosure can actually increase corruption. The second argues that imposing voter identification requirements can actually exacerbate the risk of voter fraud.

In March RISA GOLUBOFF was the guest speaker for the Society of Fellows on “People Out of Place: The Sixties, the Supreme Court, and Vagrancy Laws” and presented the same subject at the Library of Congress in April.

In May Goluboff is serving on a Library of Congress Law Day panel entitled “Realizing the Dream: Equality for All.” In June she will publish a review essay of Kenneth W. Mack, Representing the Race: The Creation of the Civil Rights Lawyer, entitled, “Lawyers, Law, and the New Civil Rights History,” in volume 126 of the Harvard Law Review.

A. E. DICK HOWARD spoke on “From the Revolution to the Constitution” at the American Revolution Center in Philadelphia. His remarks offered perspective on the center’s plans to construct a Museum of the American Revolution near Independence Hall in Philadelphia.

In Richmond Howard gave a lecture, “The Changing Face of the Supreme Court,” at the Woman’s Club. He focused on how the Court, its personalities, and the way it does its business have evolved from the era of Earl Warren to that of John Roberts.

Howard spoke on “Challenges to Democracy in the 21st Century” to a delegation of visitors from a score of foreign countries sponsored by the United States Department of State. The visit to Charlottesville was hosted by the Presidential Precinct, a partnership consisting of the University of Virginia, the College of William and Mary, Monticello, and James Madison’s Montpelier.

Howard filed an amicus brief in a church-and-state case pending in the Supreme Court of Virginia. His brief argued that a Virginia statute allowing property to be held in trust for congregations should be interpreted to allow such trusts for hierarchical churches. If the statute is not read that way, he maintained that it would violate the religion clauses of both the United States and Virginia constitutions.

In the Virginia Law Review online edition, Howard wrote, “Out of Infancy: The Roberts Court at Seven.” In this article, he explored highlights of the Court’s 2011–12 Term, with particular attention to the role played by Chief Justice Roberts in the Court’s healthcare decision. This article is a sequel to Howard’s piece, “Now We Are Six,” in which he considered the Roberts Court at the conclusion of the 2010–11 Term.

The Virginia Holocaust Museum in Richmond recently announced that Howard was inaugurated onto its board of trustees.

In January ALEX JOHNSON, director of the Center for the Study of Race and Law, coordinated and hosted the Law School’s Third Annual Martin Luther King, Jr. Lecture.

Mary Bauer ’90, the legal director of the Southern Poverty Law Center, presented the lecture titled, “Bending Toward Justice: The Struggle for Civil Rights Today.”

In March Johnson moderated a panel at the Sports and Entertainment Law Symposium on Vice and Morality in Sports.

Johnson also welcomed and introduced Michael C. Dawson, the John MacArthur Professor of Political Science at the University of Chicago, who served as the keynote speaker for the multidisciplinary symposium co-sponsored by the Center for the Study of Race and Law, “Does Reparations Have a Future? Rethinking Racial Justice in a ‘Color-Blind’ Era,” held at the Law School and on Grounds.

UVA LAWYER / SPRING 2013 39

FACULTY NEWS AND BRIEFS …

In 2012 JASON JOHNSTON was editor and contributor to Institutions and Incentives in Regulatory Science (Lexington Press: 2012); “Disasters and Decentralization” in Geneva Papers Risk & Insur-ance; “Fire Suppression Policy, Weather, and Western Wildland Fire Trends: An Empirical Analysis;” and with Jonathan

Klick in Wildfire Policy: Law and Economic Perspectives (Karen Bradshaw and Dean Lueck, eds).

Johnson was also a participant in the Liberty Fund Conference on Behavioral Law and Economics; presented “Regulation with Interested Experts” at the ISNIE Annual Meeting at the University of Southern California Law Center; and presented “Competition and Regulation in the New World of Commoditized and Unbundled Legal Products” at the George Mason University Law and Economics Center conference, “Unlocking the Law: Honoring the Legacy of Larry Ribstein;” and was a Lone Mountain Fellow at the Property and Environment Research Center.

During the fall semester DAVID MARTIN co-taught a webinar on prosecutorial discretion in immigration and USCIS’s Deferred Action for Childhood Arrivals Program.

He also advised the Miller Center in selecting and inviting speakers for its 2012 Mortimer Caplin Conference on the World Economy, which this year addressed “High-Skilled Immigration: Politics, Economics, and Law.” He then took part in the general discussions at the conference, held December 7 at the Miller Center’s facility in Washington, D.C. In January Martin participated as a panelist on the topic of “Separation of Powers and Federalism in the Immigration Context” at a conference on “Migration, Governance, and Citizenship” at Duke Law School. The conference was hosted by the Duke Journal of Constitutional Law and Public Policy, Duke’s Kenan Institute

40 UVA LAWYER / SPRING 2013

In May he presented at the American Law and Economics Association annual meeting “Regulation with Interested Experts.” In June Johnson was a visiting fellow at the Eramus/ Maastricht Law and Economics Program; and presented to the International Society for New Institutional Economics “From Nudges to Mandates”: The Political Economics of DoddFrank Mortgage Regulation;” and to the joint meeting of the Geneva Association for Risk and Insurance and European Law and Economics Association, “Precautions versus Compensation for Natural Disasters in a Federation: a Club Goods Model.”

for Ethics, and its Program in Public Law. Martin also served as discussant with principal presenter Marc Rosenblum of the Congressional Research Service, in a Miller Center colloquium on “Immigration Policy and Border Security in the 113th Congress.”

In February Martin and Laura Lichter, president of the American Immigration Lawyers Association, took part in a program and discussion at the Law School, moderated by Kerry Abrams, on “Comprehensive Immigration Reform in 2013?” This session was part of a week-long symposium on “Theory and Practice” sponsored by the Virginia Journal of Social Policy and Law, and this particular panel was co-sponsored by the school’s Immigration Law Program. Martin also chaired a session at an Immigration Law Program hosted by Lori Scialabba, deputy

In December DOUGLAS LAYCOCK participated in an invitation-only conference on Affirmative Action after Fisher v. University of Texas at the Mellon Foundation in New York.

In January he commented on the remedies chapters of Melvin Eisenberg’s forthcoming book, Foundational Principles of Contract Law, at a conference

director of U.S. Citizenship and Immigration Services, Department of Homeland Security. In the session chaired by Martin, she spoke on “Implementing DACA: The Immigration Deferred Action for Childhood Arrivals Program” in Caplin Pavilion.

In March Martin participated in a multidisciplinary conference at Arizona State University in Phoenix, titled “Barack Obama and American Democracy IV.” He gave an address on President Obama’s role in laying the groundwork for possible comprehensive immigration reform legislation this year, as part of a panel on “Obama and the Borderlands.” Martin also participated in a Boston College symposium called “Migration: Past, Present and Future,” a central event in the college’s sesquicentennial celebration. He participated in the final panel of the conference, a discussion of “The Future of Migration Policy in the U.S.,” moderated by Ray Suarez of the PBS Newshour.

FACULTY NEWS AND BRIEFS …

on the book at the University of California-Berkeley, and gave the keynote address at the launch of the Stanford Religious Liberty Clinic. He reports that they love Liz Magill ’95 at Stanford.

Laycock spoke on Hosanna-Tabor and the Ministerial Exception at the New York City Labor and Employment Relations Association.

In February Laycock filed an amicus brief for the American Jewish Committee in the Supreme Court’s same-sex marriage cases, urging the Court to protect marriage equality and religious liberty, and explaining how it could be done.

He recently published “The Bishops and Religious Liberty” in Commonweal, and “What Is the Future of Religious Freedom in the United States” in Moment.

In an address to the Texas Law Review Association’s annual banquet last June where he reminisced about his work on the 7th Circuit, retired Associate Justice John Paul Stevens recalled how “Doug did work with me on two of my opinions that year. It was the quality of that help a good many years ago—rather than the fact that the brief he filed in the case challenging the constitutionality of school-sponsored prayer at Texas high school football games and an amicus brief he filed in the case challenging the display of the Ten Commandments on the grounds of the Texas State Capitol, happened to support the views I expressed in my opinions in those cases—that accounts for his inclusion as one of my favorite Texas lawyers.”

GREGORY MITCHELL is publishing, with Philip E. Tetlock, a chapter on “Implicit Attitude Measures” in the book, Emerging Trends in the Social and Behavioral Sciences.

This chapter traces the development of instruments to assess prejudice and other attitudes using self-report-based surveys and unobtrusive measures that seek to overcome problems of introspection and social desirability biases.

Mitchell is participating this spring in a conference on Behavioral Law and Economics at the University of Notre Dame School of Law and this summer in a conference on Corporate Ethics and Compliance at the University of Houston Law Center.

JOHN NORTON MOORE announced that the proceedings volume from the 2012 Sokol Colloquium has just gone to press under the title Foreign Affairs Litigation in United States Courts and will appear this summer. Under preparation is The Regulation of Continental Shelf Development: Rethinking International Standards (Martinus Nijhoff Publishers). It is co-edited by Moore, Myron Nordquist, Aldo Chircop, and Ronán Long. The volume contains the papers from the 36th annual conference sponsored by the Center for Oceans Law and Policy, which Moore directs. The volume will include a paper by Moore, “Comments on the Unfinished Business of UNCLOS III.” In January Moore spoke at the Association of American Law Schools 2013 annual meeting on a panel “Thirty Years of the United Nations Convention on the Law of the Sea” (papers to be published in a special issue of the Ocean and Coastal Law Journal) and he was a speaker on a panel “The Concept of Peace in Law, Culture and Society” at the Crosscutting Program (selected after a competitive process by the AALS Committee on Special Programs).

This summer the Center for National Security Law, which Moore also directs, will host its 21st National Security Law Institute. Moore will teach classes at the institute: Understanding War, Institutional Modes of Conflict Management, and the Use of Force in International Relations.

In January JOHN MONAHAN was quoted in The New York Times in an article analyzing the effect of mental health laws to curb violence. He published “Legal Process and Social Science: United States” in The International Encyclopedia of Social and Behavioral Sciences, 2nd Ed.(R. Greenspan and K. Levine, eds., Oxford: Elsevier); “Social Science in Law: Continuity and Change in Oxford Handbook of Psychology and Law (with Larry Walker in Melton, G. B., & Ogloff, J. R. P., eds.); and in Psychiatric Services “Violent Behavior in Swedish General Psychiatric Patients: A Prospective Clinical Study” (with Sturup, J., Kristiansson, M., and J. Gender).

In March Monahan presented at the Colloquium on Law, Neuroscience, and Criminal Justice, at the Stanford Law School, sponsored by the Federal Judicial Center and the MacArthur Foundation; and he gave the keynote address to the Campus Safety and Violence Prevention Forum, in Roanoke.

In April and May he was visiting scholar at the American Academy in Rome. In June Monahan is giving a keynote address to the state mental health program directors at their annual meeting in Bethesda. In August he is giving a paper to the National Association of Sentencing Commissions at a meeting at the University of Minnesota School of Law.

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FACULTY NEWS AND BRIEFS …

Last fall TOM NACHBAR deployed in his capacity as a U.S. Army Reserve Judge Advocate to Jerusalem and the West Bank as the legal advisor and security justice program manager for the United States Security Coordinator for Israel and the Palestinian Authority. In his role there, he advised members of the Palestinian security justice sector in the development of their security courts system and provided briefings on rule of law and international law to the Palestinian Authority Minister of Interior and the commanders of the various Palestinian Authority Security Forces.

Returning to the United States, he presented a draft paper on capacity building of foreign nations’ legal institutions at a conference sponsored by the United States Institute of Peace and the Department of Defense and a draft of a forthcoming paper on the relationship between antitrust law and constitutional law at the 13th Annual Loyola Antitrust Colloquium in Chicago.

ROBERT O’NEIL is soon publishing two articles, one in the Albany Law Review (where he also spoke on a panel at the Albany Law School) and the other in the University of Washington Law Review.

The Association of Governing Board of Colleges and Universities (which he currently serves as a senior fellow) just published his book, Updating Board Bylaws. At the same time, O’Neil collaborated with two other university attorneys in a webinar co-sponsored by AGB and the National Association of College & University Attorneys.

Recognizing the 50th anniversary of both Supreme Court cases, he has agreed to serve on a panel on the right-to-counsel case of Gideon v. Wainwright (sponsored by the American Constitution Society) and to speak later in the spring on the 50th anniversary of the school prayer and Bible cases (Abdington Township v. Schempp) both in 1963.

Finally, AGB will shortly publish in its Trusteeship magazine his article on updating board bylaws, which builds on his book of the same name.

In December

MARGARET FOSTER RILEY published, with Lois Shepherd, “In Plain Sight: A Solution to a Fundamental Challenge in Human Research” in the Journal of Law Medicine and Ethics and presented “Rights, Regulatory Systems and Regulation” in Research Animal Welfare: What’s Current, New and Changing at a conference of the Scientists Center for Animal Welfare in San Antonio, Texas.

In March she was appointed to the Committee on Revisions to the

In February CALEB NELSON’s paper, “A Critical Guide to Erie Railroad Co. v. Tompkins,” which was part of a symposium at William & Mary on “Law Without a Lawmaker,” appeared in the William & Mary Law Review.

Another article, “State and Federal Models of the Interaction between Statutes and Unwritten Law,” appeared in the spring issue of the University of Chicago Law Review.

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Common Rule for the Protection of Human Subjects in Research in the Behavioral and Social Sciences, a committee appointed by the National Research Council at the National Academies of Sciences. She held a workshop and will be producing a consensus paper recommending changes to the Advance Notice of Proposed Rule Making on Changes to the Common Rule (the regulations that govern most human subjects research in the U.S.).

FREDERICK SCHAUER delivered the Daniel Meador Lecture at the University of Alabama on the topic of “Objectivity and Equality” and the Clough Distinguished Lecture in Jurisprudence at Boston College on the topic of “Constitutionalism and Coercion.”

He presented “Official

Obedience and the Politics of Defining ‘Law’” at the Cardozo School of Law, Yeshiva University, and gave lectures on “Constitutional Rights” and “The Theory of Rights” at Masters Course on Legal Theory, University of Genoa, Italy. Schauer also presented “Is Expert Evidence Really Different?” (co-authored with Barbara Spellman) at the University of Texas School of Law seminar series on Modern Developments in Evidence Theory.

Schauer presented “Vagueness, Open Texture, and Defeasibility in the Rule of Recognition” at New York University Department of Philosophy and School of Law Conference on Vagueness in Law and taught a two-week short course on “The Theory and Practice of Legal Reasoning” at Hebrew University of Jerusalem.

He has also published “On the Nature of the Nature of Law” in Archiv fur Rechts—und Sozialphilosophie; “Legal Realism Untamed’ in the Texas Law Review; “The Miranda Warning” in University of Washington Law Review; “The Decline of ‘The

FACULTY NEWS AND BRIEFS …

Record’: A Response to Judge Posner,” in the Duquesne Law Review; and “Must Virtue Be Particular?” in Law, Virtue and Justice (A. Amaya & H.H. Lai eds., Hart Publishing 2013).

In March PAUL STEPHAN ’77 presented a paper at Southern Methodist University, and presented the same paper at Northwestern in April. The paper is “The Structure of Courts and International Lawmaking: Explaining Judicial Conflict.”

In April he gave a talk to the Atlanta International Arbitration Society about the Yukos case, and hosted at the Law School the Sokol Colloquium on Private International Law, for which Stephan bears primary responsibility. The topic this year was about enforcing The topic was selected to coincide with his work as co-reporter of the Fourth Restatement of the Foreign Relations Law of the United States: Jurisdiction.

Last July RICH SCHRAGGER was a two-week visiting professor at the University of Chicago School of Law and presented “Against Religious Institutionalism,” a paper co-authored with Micah Schwartzman ’05 that will appear in the Virginia Law Review this fall. Schwartzman and Schragger also presented that paper at the annual Law and Religion Roundtable held at the Harvard Law School last June and at the “Conference on the Freedom of the Church in the Modern Era” at the University of San Diego in October.

In January he presented “Cities in Recession” at the AALS annual meeting in New Orleans. And in February Schragger was invited to give a talk at the Vanderbilt Law School on regionalism in commemoration of the 50th anniversary of Nashville’s metro government. That talk was entitled “Two Cheers for Regionalism.” Two additional papers will appear sometime this summer. “What is a Progressive City?” is an invited contribution to the Harvard Law and Policy Review’s symposium on progressive cities.

“Lost in Translation: A Dilemma for Freedom of the Church” (with Schwartzman) is an invited contribution to a symposium being published in the Journal of Contemporary Legal Issues.

PIERRE-HUGUES VERDIER continues to work on an empirical study of the evolution of the customary international law of sovereign immunity around the world, with Erik Voeten of Georgetown University. This year they presented the paper at workshops and conferences at Columbia, Duke, the University of Colorado, and Brooklyn Law School, as well as the American Society of International Law’s

fall research forum. Verdier will be speaking on the project this spring at the Lauterpacht Center for International Law at the University of Cambridge.

Verdier and Voeten are also working on a related paper that will articulate a more general theory of customary international law, drawing on their empirical findings on sovereign immunity and on several other examples and applications, such as the rules protecting foreign investments and coastal state rights over fishing and other maritime resources.

Verdier is also gathering data for an upcoming project with Mila Versteeg on the status of international law in the constitutions and legal systems of the world.

In April TED WHITE gave a presentation at Case Western Reverse School of Law on his book, Law in American History: Volume One, From the Colonial Years Through the Civil War. In May he presented “Pitfalls in Writing Judicial Biography” to the law department at the London School of Economics, and gave a speech, “The ALI’s Recent History and Current Challenges,” at a luncheon for life members at the 90th annual meeting of the American Law Institute.

MOLLY SHADEL published Finding Your Voice in Law School: Mastering Classroom Cold Calls, Job Interviews, and Other Verbal Challenges (Carolina Academic Press 2013). Shadel, who teaches courses in public O speaking and persuasion, authored the book in order to attempt to help prepare law students for the spe communication challenges they will likely encounter in law school and in their careers as attorneys.

Finding Your Voice in Law School draws on interviews with law students and practicing lawyers to identify key strategies for succeeding at classroom discussion, mock trials and job interviews, as well as making arguments in a courtroom.

UVA LAWYER / SPRING 2013 43

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 September 15 for inclusion in the next issue.

1940

1950

both the Atlantic and

his death. Dedicated to the

four children, eight

cause of historic preserva-

grandchildren, and a

MORTIMER CAPLIN

JOHN THORPE LAWRENCE RICHARDS died on

Pacific theaters. He was decorated for his role in

tion, he was the president

great-grandson.

recently stepped down

March 30, at the age

the capture of the U-505

and chief spokesman for

as a director of Danaher

of 91.Thorpe Richards was

in June of 1944, and later

the Old Town Civic As-

Corporation, whose board

born in Manila, P.I., where

for flying close air support

sociation during the early

he’s served on since 1990.

his father was stationed as

during the battles of Iwo

1960’s, known at the time

Caplin is credited with

a U.S. Naval Officer. He was

Jima and Okinawa.

as the “Battle of Alexan-

Col. KENNETH C. CRAWFORD

being the oldest corporate

a member of University’s

After the war he

dria.” His leadership and

(Ret.) passed away on

director at a company

varsity swimming team,

returned to the University

forceful advocacy helped

November 18. Following

in the S&P 500. Danaher

and president of the Phi

for his law degree. He was

defeat the proposed urban

his graduation from the

provides measuring and

Delta Theta Fraternity

recalled to active service

renewal plan to slum

Law School, he served

diagnostic equipment. He

before enlisting in the U.S.

during the Korean War and

clear 24 blocks of historic

in the Judge Advocate

continues to practice tax

Navy at the onset of World

served as a legal officer

housing stock in the heart

General Corps. His last

law at Caplin & Drysdale in

War II.

and flight instructor in

of Old Town Alexandria.

active-duty assignment

Washington, D.C.

Richards served as a

Pensacola.

He practiced law in

1951

He is survived by

was commandant of the

his wife of 62 years,

Judge Advocate General

“I haven’t regarded

naval aviator flying TBM

age as a real factor,” said

torpedo bombers from

Alexandria, Va., for over 60

School in Charlottesville.

Caplin in a Bloomberg

small escort carriers in

years until shortly before

After retirement from the

article. “It’s a question of

military, he became associ-

capability and, I suppose,

ate director of education

willingness at the same

at the Southwestern Legal

time.” His departure gives

Foundation at Southern

him more time to focus on

Rear Admiral CHARLES E. MCDOWELL ’50 died on

Methodist University

two great interests of his:

November 25, at the age of 89. Following

in Dallas, Tex. He was

tax law and the University

graduation from the Law School, he worked

selected by Chief Justice

of Virginia. At UVA he is

briefly as a lawyer with Shell Oil before joining

Warren Berger to be the

involved in the performing

the U.S. Navy in 1951. He served as a staff legal

first director of education

arts, particularly theater,

officer of the Pacific Fleet in Honolulu and a staff

and training of the Federal

and public policy, mainly

judge advocate of the U.S. Naval War College in

Judicial Center. After

through his work on an

Newport, R.I., where he led the international law

leaving this position he

annual conference on the

division. During the height of the war in Vietnam

practiced law, lectured

global economy that bears

he was head legal officer of the U.S. 7th Fleet

for the Asia Foundation,

his name.

based in Yokosuka, Japan. He was Deputy Judge

and for Israeli judges.

Caplin delivered a

Advocate General and then Judge Advocate General of the U.S. Navy from 1978–80.

He addressed the Israeli

tribute to his friend and

After 30 years with the Navy he took military retirement and practiced law in a

Supreme Court in October

former law student, Judge

private firm in Woodbridge, Va., until 1997.

1984. In addition to his de-

Lapsley W. Hamblen Jr. ’53,

Admiral McDowell was awarded the Bronze Star, the Purple Heart, the Joint

gree from the Law School

at a memorial service in

Service Commendation Medal, the Navy and Marine Corps Commendation Medal,

he earned a Masters

the center courtroom

and the Navy Distinguished Service Medal. He was inducted into the U.S. Army

from George Washington

at the U.S. Tax Court in

Officer Candidate School Hall of Fame at Fort Benning, Ga., in 2010.

University in International

November.

Law and Affairs.

UVA LAWYER / SPRING 2013 45

CLASS NOTES …

1952

1955

attorney for the Securities

1958

BILLUPS PHINIZY PERCY,

the exposure), took a severe beating, with the

and Exchange Commission The Honorable H. WARREN KNIGHT (Ret.) passed

and retired as special

By Ted Torrance

Sound waters all but

brother of the novelist

counsel. He had lived in

Corresponding Secretary

flowing right through

Walker Percy, died on

away on November 15

the District of Columbia

1955 Windward Way

her house. Likewise, the

January 18 at the age of 91.

in Newport Beach, Calif.

since 1957 and invested in

Vero Beach, FL 32963

Oramsʼ summer home in

He graduated from the U.S.

He was 83 years old. He

residential real estate on

e-mail: etorr@cox.net

Beach Haven, N.J., suffered

Naval Academy in 1942 and

practiced law in Orange

Capitol Hill, managing the

served in the Pacific during

County and served on the

properties until recently.

World War II, for a time

Orange County Municipal

in the same PT squadron

Court from 1971–73 and

as John F. Kennedy. As a

on the Orange County

submariner he contributed

a similar fate, and at about By the time these class

the time of our reunion

notes are published,

they planned to be on

many of the 79 members

the scene to arrange for

of our class still keeping

extensive repairs and the

Superior Court from

in contact with the Law

removal of “tons” of sand

to successful campaigns in

1973–79. He was twice

School will have reunited

and debris from their

Japanese waters and was

named Trial Judge of the

in Charlottesville under

property.

awarded the Silver and

Year by the Orange County

the leadership of FRED

Bronze Stars. He taught

Trial Lawyers Association.

constitutional law at Tulane

1960

Judge Knight’s experi-

GOLDSTEIN. Fleshing out

I recently had a very

whatever information

pleasant telephone conversation with DON DEVINE. Donʼs career

University Law School for

ence with civil cases that

may have been exchanged

more than 30 years.

sometimes took as long as

between the attendees:

five years to come to trial

included his serving

inspired him to leave his

RONALD W. DOUGHERTY has

JIM ATKIN writes that he

for some years as a

judgeship to start JAMS,

been honored as the

is now living in Roanoke,

Commonwealth Attorney

The Resolution Experts, a

recipient of the Ohio State

Va., having abandoned

in Virginia and as a judge

RUHI K. RAMAZANI, Edward

solo mediation practice

Bar Foundation’s highest

earlier thoughts of return-

on the Civilian Board

R. Stettinius Professor

in Santa Ana. He was a

honor, the Ritter Award,

ing to the San Francisco

of Contract Appeals

Emeritus of Government

trailblazer in bringing

given for a lifetime of

area. He is still doing

in Washington, D.C.

and Foreign Affairs in the

lawyers to accept and

dedicated service. The

some pro bono work,

Following the death of

University of Virginia’s

seek alternative dispute

award was presented at

and manages to travel

his wife, Pat, a couple

College of Arts and

resolution. Decades later,

the foundation’s annual

to California to see his

of years ago, Don has

Sciences and one of the

JAMS is the world’s largest

recognition dinner in

children and grandchil-

moved into an assisted

world’s experts on Iran’s

private alternative dispute

November. Dougherty

dren from time to time.

living facility in Leesburg,

foreign policy, will publish

resolution provider. The

served on the foundation

Through Jim I learned

Va. I reminded Don that

a collection of previously

JAMS Foundation provides

board of directors for eight

that STAN CHRISTOPHER has

at some time during our

published articles and

grants to nonprofits in

years and as president in

left Palm Beach Gardens

third year at the Law

book chapters with the

the dispute resolution

2003. He has served on the

for State College, Pa., the

School he was elected

University of Virginia Press

field, and associates give

board of governors of the

draw apparently being

our class president after

in the fall. He describes

thousands of pro bono

Ohio State Bar Association

three grandchildren in

a low-to-no-profile cam-

Iran’s Foreign Policy:

hours every year to various

and on the U.S. Sixth

the area.

paign, and that although

Independence Without

causes.

Circuit Judicial Conference

1954

the office carries with

Freedom as a capstone to

for many years. He has also

Distinguished professional

it neither statutory nor

his scholarship on Iran.

served in numerous roles

careers did not suffice to

common-law duties or

with the Stark County Bar

insulate BARBARA COPPETO

authority, he presumably

Association.

and JOHN ORAM against

continues as president.

the ravages of Superstorm

Hail to the Chief!

For six decades Ramazani

1956

has studied, taught, and written about global politics

ROBERT F. MCCULLOCH died

and foreign policy. He

at home on September 15.

contributed his time and

Sandy last October.

received the Thomas Jef-

Following Law School,

talents to a wide range

Barbaraʼs home in Milford,

BILL GRIESAR notes that

ferson Award, the highest

he was a clerk with the

of community activities.

Conn., on Long Island

he “has clocked over 54

University honor given to

U.S. Court of Appeals 4th

He was a member of the

Sound (and on Shorefront

years” as a practicing

faculty members, in 1994.

Circuit. He was a career

original committee that

Street, so you can imagine

lawyer, although he says

46 UVA LAWYER / SPRING 2013

Dougherty has

CLASS NOTES …

his practice is now all but

MICHAEL KAPLAN writes

Eugene, Ore., where Allie

rides over the Shenandoah

although he recently

over. The last 20 years

that he had initially been

has an administrative posi-

Mountains? The old man’s

sold his Mont Tremblant,

of his active career were

planning on attending

tion with the University of

genes were obviously

Quebec, property after

spent as general counsel to

our reunion but that he

Oregon. Their children and

passed along to his son,

30 years of skiing there.

The Rockefeller University

had to change his plans.

nine grandchildren stretch

Ferd III, who became a

The second luncheon was

in New York City. Bill lives

He asked his wife why she

from Virginia to Guam.

Navy aviator and retired

with STUART BRUNET and

in Dobbs Ferry, N.Y., in

would want to hang out

as a captain with over

VERNE HAMPTON, both of

the winter and gardens

with a bunch of old guys

TOM and MINA OTIS report

6,000 flying hours. Ferd’s

whom spend much of the

and sails in the summer in

there anyway, and she

from South Dartmouth,

granddaughter graduated

winter here in Vero Beach.

Chamberlain, Maine.

responded, “Why not? Iʼve

Mass., that they spent most

from Stetson University

Both appear to be in good

been hanging around with

of January and February

Law School and success-

shape and surviving this

you all these years.”

in the far balmier climes

fully passed the Florida

aging process nicely.

of Boca Grande, Fla., with

bar exam, but Ferd says, “I

STUART “BLUE” JAY writes from Louisville, Ky., (his home since Law School

DOUG MACKALL reports that

some golf and a lot of

loved my years at Virginia

And on that note, I will end

days) that he is kept busy

after Law School he spent

tennis on their agenda.

and cannot envision going

up with the substance of

with eight grandchildren in

two years as an assistant

They expected to continue

anywhere else.”

the area.

prosecutor and thereafter

on the golfing circuit in

practiced law in Fairfax

March at Yeamans Hall,

BOB SMITH’s book, Law

me with what turn out to

picture of Countess Sophie

County with his brother for

near Charleston, S.C. Tough

& Lawyers in the United

be (after consulting my

of Wessex (a daughter-in-

49 years. He currently lives

life, this retirement.

States, was published by

Latin-English phrasebook)

law of Queen Elizabeth

in McLean, Va., but has a

CreateSpace, and is avail-

relevant observations on

II) taken at close range in

home in Charlottesville,

FOSTER PETTIT sent along

able from both Amazon

our times. Brad references

Anguilla by ALLAN JOHNSON.

where he attends as many

his regrets at not being

and Barnes & Noble. Bob

the accomplishments of

Allanʼs accompanying note

Virginia football, basket-

able to attend our reunion.

kindly sent me a copy, and

so many of our classmates

is ambiguous as to whether

ball, and baseball games as

He is planning on joining

it is really quite unique,

and, ever overly modest,

he actually became part

he can.

his Woodberry Forest

serving as a valuable

quotes Seneca:

I received an intriguing

a note from BRAD MILLER, who regularly confounds

“Often a man who is very

classmates of 1948, and “is

and succinct primer

A good, newsy note from

working on being the last

on the elements of our

old in years has no evidence

paparazzo, but I am sure

BILL O’CONNOR discloses

man standing.”

constitutional, statutory,

to prove he has lived a long

he would have us believe

that at the end of 2010

and common law, and

life other than his age.” But

the former. The Johnsons’

he retired from his solo

FERD SALOMON checked in

the judicial systems of the

then he further quotes

daughter is a graduate of

practice in Medford, Ore.,

from Pensacola, Fla., where,

federal government and

Seneca: “It better befits a

the Law School, and their

and thereupon set out to

having attained the age of

the various states and

man to laugh at life than to

granddaughter has been

write a long-contemplated

83, he regularly plays golf

territories. A simple perusal

lament over it.”

accepted at the Univer-

two-volume novel about

“with some equally ancient

of the book reminds me

sity (and invited to be an

the American Revolution. It

Navy captains,” apparently

that one is never too old

Echols Scholar), so the

was published in late 2012

more for the camaraderie

to learn.

Johnson family may well

under the title At War in

than for the results. Over

boast of three generations

America, and it is available

the years he has enjoyed

I have recently had two

in Charlottesville. In the

on Kindle and in hard copy

“flying, small boat racing,

very pleasant luncheons

meantime, Allan and Nancy

from CreateSpace. Bill is

motorcycling, and golf,”

with fellow classmates.

are spending upwards of

now pursuing a different

and he still engages in trap

The first was with HENRY

eleven weeks in Anguilla

interest, the study of world

shooting, a hobby he has

and Barbara WILLIAMS.

this year, with Allan playing

mythology. Who would

pursued for over 50 years,

Henry was in Florida for

tennis on a regular basis

have guessed that our cur-

with distinction at the state

a short stay, escaping the

and captaining one or two

riculum in the 1950s would

and national levels. Did you

wild winter of western

USTA senior teams.

inspire such production?

know that while at the Law

New York. He is as active

To accommodate his wifeʼs

School Ferd had an interest

as ever, with skiing, sailing,

own extensive legal career,

in a Piper Cub and regularly

tennis, singing, and the

the OʼConnors now live in

took his wife and son on joy

like occupying his time,

of the Countess’s social circle or was just another

So say we all.

UVA LAWYER / SPRING 2013 47

CLASS NOTES …

raised the funds to build

Legal Eagle 2012 in the

Uz, and sons Christopher

the Pro Football Hall of

areas of antitrust law,

and Charles. He was the

Fame and has served as

banking & finance law,

grandfather of six.

a leader in that organiza-

bet-the-company litiga-

tion for decades. He has

tion, commercial litigation,

volunteered many hours

corporate law, litigation-

to United Way, the Canton

banking & finance, and

Regional Chamber of

litigation-mergers &

J. RUDY AUSTIN was listed

Commerce, the Canton

acquisition. He is named

in Super Lawyers Business

Club, and the Boy Scouts.

in Best Lawyers 2013 and

Edition 2012 in construc-

He is a founding member

as Roanoke Lawyer of

of Krugliak, Wilkins,

the Year in banking and

Griffiths and Dougherty

finance law. The American

in Canton, where he

Lawyer includes him as a

Last November TONY MEDLEY met the Rose Queen

the area of personal injury

focuses his practice on civil

Top Rated Lawyer for 2013

and her court during their annual appearance at the

litigation-defendants. He

litigation, general business

in commercial litigation,

Los Angeles 5 Rotary Club, the fifth oldest Rotary

is named in Best Lawyers

representation, and estate

business & commercial,

Club in the world. He wore his UVA Law buttondown

2013 and recognized as a

planning.

and appellate law. Rakes

shirt under his jacket for the event. His book, Sweaty

Top Rated Lawyer for 2013

is a senior partner with

Palms: The Neglected Art of Being Interviewed, won

in litigation, construction

Gentry Locke Rakes &

the 2012 Industry Recognition of Writers in the News

law, and insurance law in

Moore in Roanoke.

Award (the IRWIN) for the “best sustained campaign”

The American Lawyer. He is

(over 30 years) from the Book Publicists of Southern

a senior litigation partner

California.

with Gentry Locke Rakes &

1962

1967

tion litigation, and Virginia

1965

Living Magazine listed him as a Legal Eagle 2012 in

JOHN SMITH PAPA died

HADLEY ROE accepted the

at his home in Bristol,

Lloyd’s List Global Deal of

Conn., on December 14.

the Year Award for 2012 on

Following Law School he

behalf of his firm, Seward

worked in the State of

& Kissel, and his client,

Connecticut Circuit Court

Eagle Bulk Shipping. The

chief prosecutor’s office,

awards ceremony took

then served for 27 years

place in September in

WALTER M. DICKEY has

law with special focus

as supervisory public de-

London. Seward & Kissel

served as vice president

on land use entitlements

fender for Superior Court

represented Eagle Bulk

of three organizations: the

and issues related to real

#17 in Bristol. He retired

Shipping in restructuring

Kansas City, Mo., Retired

estate development in the

in 1999. Though he was in

its obligations under a

Lawyers Association,

District of Columbia.

poor health at the time of

credit agreement with its

the Alexander Majors

the most recent reunion

lenders. This landmark

chapter of the Sons of the

in May, he was happy to

transaction represents

American Revolution, and

be near the festivities

one of the largest out-

the Kansas City Regional

while visiting his youngest

of-court restructurings

Phi Kappa Psi Fraternity.

daughter, Hannah, who

of a shipping company

lives in Earlysville.

in the recent economic

WHAYNE S. QUIN is chair

Arlington, Va., at the age

Judge JAMES W. HALEY, JR.

downturn. Agreement

of the board of trustees

of 73. He was a retired

retired at 70, as required

was reached without

at the National Building

foreign service officer

by Virginia law. He has

need for Chapter 11

Museum in Washington,

and Washington, D.C.

been elected by his

proceedings and without

D.C. He began his three-

lobbyist for domestic

colleagues on the Court

WILLIAM R. RAKES was listed

adverse effects toward

year term in October, after

manufacturing companies.

of Appeals of Virginia as a

in Super Lawyers Business

Eagle’s equity stakehold-

serving as chair-elect

He was married to his

senior judge of that court,

Edition 2012 in business

ers. Roe is counsel in the

and serving as a museum

wife, Elizabeth, for 48

and will continue in that

litigation. Virginia Living

corporate finance group in

trustee for years. He is a

years and was the father

capacity.

Magazine listed him as a

New York City.

partner with Holland &

of a daughter, Stephanie

1963

48 UVA LAWYER / SPRING 2013

Moore in Roanoke.

1964

Knight, where he practices in the area of municipal

GENE DAHMEN was listed in New England Super Lawyers

1966

2012 in the area of family law. She is senior counsel with Verrill Dana in Boston,

JAMES T. SCHOLLAERT

Mass.

died on February 17 in

CLASS NOTES …

1968

1970

RONALD R. TWEEL has been

PETER H. ELLSWORTH was

KENNETH M. MURCHISON was

named the 2012 winner

listed in Best Lawyers and

honored as the Louisiana

U.S. SEN. BILL NELSON was

JOHN S. EDWARDS was

of the Betty A. Thompson

Michigan Super Lawyers

Tech University College of

re-elected to serve his

re-elected to his fifth

Lifetime Achievement

for 2012. He was also

Liberal Arts Alumnus of

third term in the United

term in the Virginia State

Award by the Virginia State

selected by Best Lawyers

the Year for 2012.

States Senate (Florida)

Senate in November 2011.

Bar’s Family Law Section.

2013 as Lawyer of the Year

after defeating Republican

Election celebrations were

The award was presented

for gaming law. He is a

GEORGE K. WALKER LL.M. was

Rep. Connie Mack. Florida’s

soon followed by the birth

at the annual advanced

member with Dickinson

appointed Dean’s Research

senior senator will deliver

of his fourth grandchild,

family law seminar

Wright in Lansing, where

Professor of Admiralty Law

the commencement ad-

Charles Graney, three days

in Richmond in April.

he focuses his practice in

and International Law at

dress to the UVA Law Class

later on 11/11/11. Edwards

Tweel is a senior partner

the areas of administrative

Wake Forest University

of 2013 on May 19.

was named among the

with Michie-Hamlett in

& regulatory, commercial &

School of Law in Winston-

Leaders in the Law for

Charlottesville, where he

business litigation, energy

Salem, N.C., in July.

2012 by Virginia Lawyers

focuses his practice in the

& sustainability, gaming

Weekly for spearheading

area of domestic relations.

law, Indian law, and

1969

insurance.

legislation to adopt Virginia rules of evidence.

He continues to teach trial

1972

advocacy as an adjunct

1973

After practicing law with

G. FRANKLIN FLIPPIN was

Parker Poe for 35 years

listed in Super Lawyers

professor at the Law

WALTER BENNETT LL.M. ’86

in Charlotte, N.C., FRED

Business Edition 2012 for

School. Edwards and his

has published his first

T. LOWRANCE has served

business/corporate law.

wife, Cathye, celebrated

full-length novel, Leaving

for the past five years as

Virginia Living Magazine

their 40th anniversary in

Tuscaloosa, which explores

pastor at Meadowlake

listed him as a Legal

2012.

race relations in the South

Presbyterian Church in

Eagle 2012 in the areas

ROBERT W. ASHMORE is listed

in the 1960s (see In Print).

Huntersville.

of banking & finance

in Best Lawyers 2013 in

The novel was a 2010

labor law-management.

1971

He is partner and senior

law, corporate law, and

finalist for the Bellwether

J. MICHEL MARCOUX reports

mergers & acquisitions. He

Prize for unpublished

that his law firm, Bruder,

has also been named in

counsel with Fisher &

Chief Justice of

work, now called the

Gentile & Marcoux,

Best Lawyers 2013, and in

Phillips in Atlanta, Ga.,

Pennsylvania RONALD

PEN/Bellwether Prize for

founded in 1976 in

American Lawyer as a Top

where he focuses his

D. CASTILLE was recently

Socially Engaged Fiction.

Washington, D.C., merged

Rated Lawyer for 2013 in

practice on labor and

named by the American

Bennett is a former civil

in January with Chicago-

the area of business and

employment law.

Bar Association to its

rights attorney, judge, and

headquartered Schiff

commercial law. He is a

newly formed committee

professor at the University

Hardin to create a new

partner with Gentry Locke

Schiff Hardin office in D.C.

Rakes & Moore in Roanoke.

ANGUS KING was elected

to examine the future of

of North Carolina Law

to the U.S. Senate for the

legal education in the

School in Chapel Hill.

state of Maine, filling the

United States.

TERRANCE M. MILLER is listed

DAVID L. MARTIN retired in September after serving

TERENCE M. DONNELLY was

in Ohio Super Lawyers 2013

Senator Olympia Snowe.

In recent months MARK

listed in Best Lawyers and

in the area of personal

14 years as U.S. Magistrate

King ran for the seat as an

SULLIVAN has taught

Michigan Super Lawyers

injury defense: products,

Judge for the District of

independent. He served

CLE programs on trial

for 2012. He was also

and was recognized as Best

Rhode Island. He and his

as Maine’s Governor from

techniques, evidence, and

selected by Best Lawyers

Lawyers 2012 Columbus

wife, Pat, look forward to

1995 to 2003.

persuasion in the Virgin

2013 as Lawyer of the Year

Lawyer of the Year in the

travelling together now

Islands, and on military

for municipal law. He is a

area of product liability

that they are both retired.

custody, family support,

member with Dickinson

litigation-defendants. He

and pension division in

Wright in Troy, where he

is a partner with Porter

San Antonio, Tex.

focuses his practice in the

Wright.

seat vacated by retiring

areas of municipal law and finance.

UVA LAWYER / SPRING 2013 49

CLASS NOTES …

His books on women and

SHEILA JACKSON LEE is the

been involved in Catholic

minorities in corporate

U.S. Representative for

Church affairs for many

governance continue to be

Texas’s 18th congressional

years. Last year he was

standard texts in a number

district, serving since 1995.

appointed an honorary

of law and business

The district includes most

fellow of the University of

school diversity seminars.

of inner-city Houston.

Sydney.

He plans to be a visiting professor at the Chinese

WM. SHAW MCDERMOTT

University of Hong Kong.

was nominated by President Obama to the

BRENDAN BOVAIRD ’73 writes: “My bucket list has long

CLAIRE G. GASTANAGA is

Metropolitan Washington

included summiting Kilimanjaro. Thanks to a great

executive director of

Airports Authority and

guide and crew, the reality became two summits in

the Virginia American

confirmed in the Senate by

two days. We crossed Uhuru Peak, the highest point

Civil Liberties Union, a

unanimous consent. The

at 19,341 feet, for the first time at mid-morning on

position she has held since

agency is responsible for

October 10, on our way down into the crater to

June 1, 2012.

spend the night at 18,500 feet above sea level. The

overseeing construction

DON P. MARTIN is listed

of the Metro Dulles rail extension as well as opera-

goal was to hike back up the crater wall next morn-

THOMAS G. JACKSON is a

in Best Lawyers 2013 in

ing in time to arrive back at Uhuru at dawn. After a

litigation partner with

commercial litigation,

tions at Reagan National

night of “thundersnow,” sleeping between the crater

Phillips Nizer in New York

legal malpractice

and Dulles International

wall and Furtwangler Glacier, we awoke before dawn

City, where he chairs the

law-defendants, litigation-

airports and the Dulles

to find the mountaintop covered in four inches of

technology practice group.

banking & finance, and

toll road. McDermott is a

litigation-real estate. He

partner with K & L Gates

ningly beautiful in the moonlight, admiration soon

RICHARD G. MENAKER’s

is a partner with Quarles

in Boston, Mass., where

gave way to trepidation as I looked up a crater wall

New York City-based firm,

& Brady in Phoenix, Ariz.

he handles complex civil

boot-top deep in snow. Thanks to guide and crew,

Menaker & Herrmann,

He is the national chair of

litigation.

though, we “arrived alive” again at Uhuru in time for

celebrates its 30th anni-

Quarles & Brady’s lender

an equally stunning sunrise.

versary this year. Menaker

liability task force.

snow. While the “snows of Kilimanjaro” were stun-

Afterwards, I returned in one piece to my law

recently co-authored

firm, Hunt & Ayres in Philadelphia, and, in January,

Law for Architects, What

JOHN MCCARTHY LL.M.,

became senior counsel in order to devote more time

You Need to Know. He has

appointed Knight

to pro bono projects and to get moving on the rest

practiced as a commercial

Commander of the Order

of my bucket list.

litigator in New York City

of St. Gregory the Great by

since graduating from the

the Holy See for services

Law School.

to the Catholic Church in

1974

Australia and the wider Professor Thomas Clarke); Cases and Materials on

1975

Australian community, was recently appointed

Retired Alabama Supreme

Australia’s resident

DOUGLAS M. BRANSON

Business Enterprises: Legal

continues as the

Structures, Governance

W. STUART DORNETTE is

Ambassador to the Holy

Court Justice THOMAS A. WOODALL has joined Sirote

W. Edward Sell Chair in

and Policy (LexisNexis 2d

listed as a Leading Lawyer

See in Rome. In November

& Permutt in Birmingham,

Law at the University of

ed.) (with Professor Joan

in Sports Law in Cincy

he presented his diplo-

where he is a shareholder

Pittsburgh. In addition to

Heminway et al.); and

magazine and in Ohio

matic credentials to Pope

and serves as chair of the

the recently published,

Questions and Answers

Super Lawyers 2013 in

Benedict XVI.

appellate practice group.

Three Tastes of Nuoc Mam:

on Business Associations

business litigation. He is

As a senior lawyer

The Brown Water Navy

(LexisNexis 2d ed.). The

a partner and co-chair of

in Sydney and Queen’s

the Supreme Court of

and Visits to Vietnam, he

fourth edition of his

the litigation department

Counsel, he has been

Alabama in 2000, where

also published The Sage

Understanding Corporate

Taft Stettinius & Hollister in

involved in Australian

he served a six-year term

Handbook of Corporate

Law, a text for law

Cincinnati.

affairs in Australia and

and was re-elected in 2006.

Governance (with

students, is in the works.

50 UVA LAWYER / SPRING 2013

internationally. He has

Woodall was elected to

CLASS NOTES …

1976

in trusts & estates in Cincy

litigation-labor &

magazine and in Best

employment. She is a

WALTER W. BARDENWERPER

Lawyers 2013. He was also

partner with Fisher &

retired in November

selected for Ohio Super

Phillips in Atlanta, Ga.

as vice president,

Lawyers 2013 in estate

general counsel, and sec-

planning & probate. He is a

BRAD STILLMAN retired

CHRISTOPHER S. D’ANGELO

retary at Towers Watson,

partner with Taft Stettinius

as U.S. Magistrate Judge

served as co-director for

a publicly held global

& Hollister in Cincinnati.

for the Eastern District

professional consulting firm in Washington, D.C.

LUTHER T. MUNFORD has

the 2012 International

of Virginia effective

AMY B. GINENSKY has been

Corporate Counsel

September 30, 2012.

named in the first edition

College, which is orga-

returned to Butler,

of Benchmark: Top 250

nized and presented in

MICHAEL CAPLIN is the

Snow, O’Mara, Stevens

Women in Litigation. She is

Europe annually by the

founding executive

& Cannada in Jackson,

a partner with Pepper

International Association

director of the Tysons

Miss., where he began

Hamilton in Philadelphia,

of Defense Counsel. The

Partnership, a non-profit

practice in 1979. He was

Pa., where she is chair of

program was held in

association of civilian,

recognized by Best Lawyers

the commercial litigation

London with the theme

business, and government

as Mississippi’s Lawyer

practice group and leader

“Crisis Management:

leaders working on the

of the Year for 2013 in

of the media and

Anticipating the Future in

35-year redevelopment

First Amendment law

communications practice.

the Global World,” and it

of Tyson’s Corner, Va. into

(litigation-first amend-

She handles class action

explored legal and

“the next great American

ment) and continues as

and commercial litigation

reputational challenges

city.”

editor of the Appellate

STEPHEN W. EARP was the

matters and has a media

faced by multi-national

1977

Advocate, the newsletter

recipient of the North

and communications

companies and how to

ALAN S. GOLD was listed in

for the American Academy

Carolina Bar Association’s

practice that focuses on

anticipate and address

Pennsylvania Super Lawyers

of Appellate Lawyers.

Citizen Lawyer Award for

First Amendment,

them. D’Angelo is a

2012 in appellate law, and

2012. Earp is with Smith

defamation, and other

partner with Montgomery

has been so listed in this

Moore Leatherwood in

media-related areas.

McCracken Walker &

area since 2005. He is a

Greensboro, where he

shareholder with Gold &

advises companies in

Ferrante in Jenkintown,

mergers and acquisitions,

where he concentrates

contracts, and corporate

his practice on appellate

governance. He also

The Raven Society

service law firm located in

issues in all types of

handles complex

presented BOB BARRY with

Orlando, Fla. He is board

civil litigation, civil rights

environmental litigation

a Raven Award in April.

certified by the Florida

Rhoads in Philadelphia, Pa.

1978

DAVID L. EVANS is president of Mateer & Harbert, a full-

defense, and commercial

ANN MARGARET POINTER is

and regulatory matters.

The award recognizes

Bar in health care law. He

litigation.

listed in Best Lawyers 2013

Earp was also listed in

students, professors,

is listed in Florida Super

in employment law-

North Carolina Super

administrators, and alumni

Lawyers in the health care

DANIEL J. HOFFHEIMER is

management, labor

Lawyers 2013 in environ-

for excellence in service

law category, is listed as

listed as a leading lawyer

law-management, and

mental law and was

and contributions to the

among the best attorneys

named Lawyer of the Year

University. Barry has

in Orlando in health care

for 2013 in Best Lawyers.

served as a class manager

law by Orlando magazine,

for 35 years and been

and is included among

W. JOSEPH OWEN III ’76

J. RANDY FORBES is the

involved in University and

Florida’s best lawyers in

was listed in Virginia

U.S. Representative for

local Norfolk-area activities

Florida Monthly. He was

Super Lawyers 2012 in

Virginia’s 4th congressional

since graduation from Law

also selected for inclusion

general litigation and

district, serving since 2001.

School. He is a partner in

in Best Lawyers in health

criminal defense. He is a

He is a member of the

the labor and employment

care law.

partner with Owen and

Republican Party.

law practice group of

Owens in Midlothian.

Kaufman & Canoles in Norfolk.

UVA LAWYER / SPRING 2013 51

CLASS NOTES …

MICHAEL P. HAGGERTY

The Douglas P. Ferguson

Law School he clerked for Justice George M.

was listed in Texas Super

F.B. WEBSTER DAY ’79 was

Award is given for

Lawyers 2012 in banking

named Best Lawyers 2013

outstanding service and

Cochran ’36 of the Virginia

and real estate law. He was

Lawyer of the Year in public

extraordinary commit-

Supreme Court. He was

named a Best Lawyer in

finance law, while also

ment to conserving land

then in private practice for

Dallas by D magazine in

recognized in corporate

for people across America.

several years in Staunton

2012 and selected for Best

and public finance law. He is the member in charge

An attorney with Miller &

before going into

Lawyers 2013 in real estate

of Spilman Thomas & Battle’s Roanoke, Va., office,

Martin in Chattanooga,

prosecution. He and his

law. He is partner and co-

where he concentrates his practice in public finance

Tenn., McCallie has long

wife, Nancy, have lived in

head of the Jackson Walker

and counseling lenders in commercial transactions.

focused his practice on

Charlottesville since 1996.

real estate, nonprofit or-

They have two grown

ganizations, conservation

daughters.

finance practice group.

law, and public and private

1979

1980

MICHAEL K. KUHN was

JOHN F. BRENNER is listed in

the Chattanooga Times

named a 2012 Texas Super

New Jersey Super Lawyers

Free Press, “His blending

Lawyer by Texas Monthly

2013 in class action/mass

of professional legal work

magazine and is listed in

torts, personal injury

in these areas along with

Best Lawyers 2013 in real

defense: products, civil

his advocacy for land

RICHARD D. KIRK was

estate law. He is a partner

litigation defense. He is

stewardship, volunteerism

recognized in Chambers

with Jackson Walker in

a partner in the health

and civic advancement

W. DAVID PAXTON was listed

USA 2012 for intellectual

Houston, where he focuses

effects litigation practice

has paid off in an array of

in Super Lawyers Business

property law. He was also

his practice on commercial

group with Pepper

civic ventures.” For 15 years

Edition 2012 in employ-

recognized in Best Lawyers

real estate with emphasis

Hamilton in Princeton,

McCallie has focused

ment & labor law. Virginia

2013 for administrative/

on office and retail leasing

and focuses his practice

much of his volunteer and

Living listed him as a Legal

regulatory law and

in the real estate group.

nonprofit development initiatives. According to

on the defense of complex

legal work on arranging

Eagle 2012 in employment

litigation-intellectual

products liability and

the land acquisitions and

law-individuals, employ-

property. Kirk is a director

mass tort cases against

conservation easements

ment law-management,

at Bayard in Wilmington,

pharmaceutical and medi-

that have become

labor law-management,

Del., where he focuses his

cal device manufacturers.

integral parts of our newer

and litigation-labor &

outdoor public spaces.

employment. He is named

practice on general business litigation,

PERRIN R. LOVE is listed

intellectual property

in Best Lawyers 2013 in

RICHARD E. MOORE was

listed as a Top Rated

litigation, administrative

in Best Lawyers 2013 and is

commercial litigation,

recently selected by the

Lawyer for labor and

law, and alternative

ELY A. LEICHTLING was

eminent domain and

Virginia General Assembly

employment and

dispute resolution.

named in Wisconsin Super

condemnation law, and

as a juvenile and domestic

commercial litigation in

Lawyers 2012 in employ-

litigation-intellectual

relations district court

The American Lawyer. He is

JOSEPH W. RYAN JR. is listed

ment & labor law and in

property. He is a share-

judge. He serves in the

a partner with Gentry

in Ohio Super Lawyers 2013

Best Lawyers 2013 in the

holder and director with

16th Judicial District

Locke Rakes & Moore in

in intellectual property

areas of employment

Clyde Snow in Salt Lake

of Virginia and sits in

Roanoke.

litigation. He is a partner

law-management, labor

City, Utah.

Albemarle, Greene, Louisa,

with Porter Wright in

law-management, and

Columbus, where he

litigation-labor &

ALLEN MCCALLIE has been

focuses his practice in the

employment. He is a

awarded the highest

judge, Moore was a career

the faculty of the Virginia

area of complex profes-

partner with Quarles &

honor given by the Trust

state prosecutor for 26

State Bar’s Harry L. Carrico

sional liability, intellectual

Brady in Milwaukee.

and Orange Counties.

Prior to being named a

GEORGE A. SOMERVILLE served as a member of

for Public Land, the na-

years and directed the UVA

Professionalism Course

property, class actions, and

tion’s second largest land

Prosecution Clinic at the

from 2009–12. He was

commercial law.

conservation organization.

Law School for 14 years.

After graduating from

52 UVA LAWYER / SPRING 2013

CLASS NOTES …

listed in Virginia Living

Orr & Reno in Concord,

JAMES S. RYAN III was

only. “And to think I spent

magazine’s Best Lawyers

where he was a senior

named a Super Lawyer in

all those years drafting

U.S. Senator SHELDON WHITEHOUSE, a Democrat,

2012 in administrative/

litigator and shareholder

Texas Monthly magazine

indentures and aircraft

won his first re-election

appellate practice and

specializing in complex

and a Best Lawyer in Dallas

mortgages,” he writes. He

bid to retain his seat to

was named in Best Lawyers

commercial and civil

by D magazine in 2012.

has an office in Rockefeller

represent Rhode Island.

2013 in appellate law. He

litigation, First

He is listed in Best Lawyers

Center.

He defeated Republican

is senior counsel with

Amendment issues, and

2013 in corporate law and

challenger B. Barrett

Troutman Sanders in

land use cases.

mergers and acquisitions

Hinckley.

Richmond.

law. He is a partner with

THOMAS C. FRONGILLO

Jackson Walker, where he

joined Fish & Richardson

focuses his practice on

in Boston, Mass., as a

corporate and securities,

principal in the com-

health care, and life

CHRISTINE HUGHES

mercial litigation group.

sciences and medical

announced her engage-

He was previously with

technology.

ment to W. Sterling

Weil, Gotshal & Manges.

been named co-chair of

Wall, a coastal geologist

Frongillo represents

the International Council

from Chilmark, Martha’s

corporations and

of Shopping Centers 2013

Vineyard. “He didn’t go to

individuals in white-collar

U.S. Law Conference to be

UVA,” she writes, “but aside

criminal matters involving

held in San Diego, Calif. He

from that, he’s pretty much

alleged environmental

is managing partner of

CHRISTOPHER S. KNOPIK

perfect.” Classmates Karen

law violations, the Foreign

finance and operations for

received the George C.

Geiger, Tina Ravitz, and

Corrupt Practices Act,

Ballard Spahr and focuses

Carr Memorial Award for

Mike Clarke have met him

securities fraud, health

THATCHER A. STONE left the

his practice in Baltimore,

2012 bestowed by the

and approve, she reports.

care fraud, misappro-

practice of law to start an

Md., on commercial real

Tampa Bay Chapter of the

priation of intellectual

insurance company after

estate financing, leasing,

Federal Bar Association.

property, computer fraud,

25 years working

development, and

The award, named for the

and public corruption.

throughout the world as

restructuring. He is listed

late U.S. District Judge,

an aircraft finance lawyer.

in Best Lawyers 2013 in real

recognizes excellence in

WILLIAM H. HINES was

In 2010 he returned to the

estate law.

federal practice and

selected to reign as Rex

law as a litigator focusing

2013, King of Carnival at

on aviation-related

ELIZABETH TURRELL FARRAR

federal bar. He is listed in

New Orleans’ Mardi Gras.

matters. He is one of the

reports that she had a

Florida Super Lawyers 2013

The honor is a great one

few AV-rated lawyers in

wonderful time recon-

in personal injury plaintiff:

for a native New Orleanian

New York City who deals

necting with classmates

general, and personal

steeped in Mardi Gras

with non-crash aviation

at the celebration of the

injury plaintiff : medical

Justice JAMES P. BASSETT

tradition. In addition to

personal injury for

capital campaign. She

malpractice, business

was sworn in as an

working on the celebra-

plaintiffs.

enjoyed taking advantage

litigation. Knopik is a

Associate Justice of the

tion, public service is an

of the panels, especially

founding member of

Supreme Court of New

implicit requirement of

the U.S. Courts of Appeal

one on governance in

Knopik Deskins Law Group

Hampshire in July. He was

anyone to be considered

and in the District Courts,

higher education, which,

in Tampa.

nominated by Governor

for Rex. Hines serves on a

Stone was named one of

she writes, was interesting

John Lynch, who noted

number of organizations

the New York area’s best

not only from the UVA

ROBERT P. LATHAM was

that Bassett would bring a

and boards that benefit

lawyers and has been

perspective but also in

named a Super Lawyer

new perspective to the

the region. He is managing

featured in the American

relation to what she’s

in 2012 in Texas Monthly

high court, never before

partner of Jones Walker

Lawyer, the Wall Street

seen in her hometown of

magazine.

having served as a judge.

and a member of the

Journal, and The New York

Columbus, Ohio. The trip

He is a partner with

Bassett argued many

business & commercial

Times, as well as New York

also provided the chance

Jackson Walker in Dallas

appeals to the Supreme

transactions practice

magazine in a supplement

to see her son, Bill, who is

and Houston.

Court in his 27 years with

group.

featuring AV-rated lawyers

a first-year student.

1981

1982

After several victories in

1983

RAYMOND G. TRUITT has

exceptional service to the

UVA LAWYER / SPRING 2013 53

CLASS NOTES …

JOHN LASKEY has joined the

the American Revolution &

secondary treatment

TIM ST ST.CLAIR ’83 joined Nexsen Pruet as

Marlton, N.J., office of Stark

Secured Religious Liberty.

center for women with

a member practicing in the Greenville, me

& Stark as a shareholder.

Ragosta is currently a visit-

drug and alcohol issues,

ing assistant professor of

and currently serves on

S.C., S.C office. St.Clair is a veteran intellectual property litigator in South le

THOMAS G. MCNEILL was

history at Hamilton College

the board of directors for

Carolina and across the nation. His C

listed in Chambers USA,

in upstate New York.

the Mississippi Economic

approach is to “navigate” busia

Best Lawyers, and Michigan

Council’s M.B. Swayze

nesses and individuals through copyrights, patents,

Super Lawyers for 2012.

Last year WILLIS P.

Educational Foundation.

trademarks, and trade secrets, from conception to

McNeill is a member and

realization and, if necessary, to dispute resolution. His

practice department

WHICHARD LL.M., S.J.D. ’94 was elected one of

with Watkins & Eager in

practice focuses not only on litigation of IP disputes,

manager for commercial

three public members of

Jackson, where she spe-

but also on IP dispute avoidance, as well as applica-

litigation and alternative

the board of directors of

cializes in civil trial work.

tions, registrations, and IP portfolio strategies.

dispute resolution with

the Federation of State

Dickinson Wright in

Humanities Councils.

STEVE M. PHARR has been

Detroit where he focuses

He is a member with

named in Best Lawyers

his practice in the areas of

Moore & Van Allen in

2013 in construction law

class action, commercial

Morrisville, N.C., where

and litigation. He is also

& business litigation,

he focuses his practice on

listed in North Carolina

appellate litigation.

Super Lawyers 2013 in

JOHN E. OSBORN’s article,

1984

“Can I Tell You the Truth? A

Wiggs is an attorney

Comparative Perspective

MICHAEL CREHAN has

gaming, mergers & acqui-

on Regulating Off-Label

joined the Metropolitan

sitions, and securities.

Scientific and Medical

Washington Airports

Information,” which

Authority as associate

JOHN RAGOSTA appeared

appeared in the Summer

general counsel. He will

at the Virginia Festival

2010 issue of the Yale

work on real estate and

of the Book on March

MARK E. BAKER has opened

Journal of Health Policy,

construction aspects of

21 to discuss his new

Baker Law in Reston, Va.

Law, and Ethics, was cited

MWAA’s project to extend

book: Religious Freedom:

His practice concentrates

CHRISTOPHER J. WINTON was

by the majority in the

Metro to Dulles Airport

Jefferson’s Legacy, America’s

on labor/employment

listed in West Virginia Super

United States v. Caronia

and beyond.

Creed (see In Print). He

and general corporate

Lawyers 2012 for estate

also appeared at Colonial

representation.

planning and probate and

(Second Circuit, 2012)

construction law and is a

1985

North Carolina top rated lawyer in construction law.

He founded Pharr Law in Winston-Salem in 2000.

in rejecting the govern-

JOHN HUTSON has retired

Williamsburg in April

ment’s prosecution of

from the U.S. Army Judge

as part of their Religion

REBECCA LEE WIGGS has

work in trusts and estates.

a pharmaceutical sales

Advocate General Corps

Month, to discuss his first

received the Lawyer

He is the managing

representative on First

and is working for the

book: Wellspring of Liberty:

Citizenship Award from

member of Ray, Winton &

Amendment grounds.

Army as a civilian attorney

How Virginia’s Religious

the Mississippi Bar. Among

Kelley in Charleston.

in Zama-shi, Japan.

Dissenters Helped to Win

her many volunteer

in Best Lawyers 2012 for his

JOHN M. SHEFTALL is

leadership roles, she leads

listed in Georgia Super

attorneys and legal staff

Lawyers 2013 in estate

in their work for Habitat

1986

planning & probate and

K.C. GREEN ’84 is listed

for Humanity’s Women

PETER BEER LL.M. is one

in Best Lawyers 2013 in

in Ohio Super Lawyers

Build program and has

of six plaintiffs in Beer vs.

litigation-trusts & estates

2013 in personal injury

been chair of the Red

United States, which has

and trusts & estates. He

defense: products and

Beans and Rice Festival

reached the Supreme

is a partner with Hatcher,

civil litigation defense,

for Stewpot Community

Court. It is a claim on

Stubbs, Land, Hollis &

health care. He is also

Services, which offers

behalf of federal judges

Rothschild in Columbus,

listed in Best Lawyers

food, clothing, shelter,

that seeks relief from

where he focuses his

2013 in mass tort litigation/class actions-defendants

childcare, mentoring,

congressional action that

practice on fiduciary law,

and mass tort litigation/class actions-product liability

and other programs to

deprived federal judges of

including estate planning,

litigation. He is a partner with Ulmer Berne in

those in need. She has

cost of living adjustments

estate administration, and

Cincinnati.

served on the board of

granted to all other federal

New Life for Women, a

employees.

fiduciary litigation.

54 UVA LAWYER / SPRING 2013

CLASS NOTES …

EILEEN BRUMBACK has

Francisco Bay area, the

Company in Philadelphia.

in 2006. She and her team

in transportation, and her

been named chairman

organization has initiatives

She lives in Swarthmore,

now provide individual

management and leader-

of the board for Dress

and cases throughout the

Pa., with her husband and

and large-scale consulting

ship achievements. Coyner

for Success Worldwide,

West. Gardner was previ-

two daughters.

services worldwide via

most recently served

an international not-for-

ously with the National

Naomi Beard & Associates.

as chief of staff to the

profit organization that

Center for Youth Law.

JEFFREY STANDEN has been

She lives with her family in

National Capital Region’s

provides professional

named dean of the Chase

Lincoln, Neb.

Senior Policy Group on

attire, tools for career

College of Law at Northern

development, and support

Kentucky University. He

SCOTT C. OOSTDYK was

emergency management.

to help disadvantaged

was previously the Van

awarded the John C.

She brought together

women gain economic

Winkle Melton professor

Kenny Pro Bono Award

hundreds of stakeholders

independence and thrive

and associate dean for

by the Richmond Bar

to develop a strategic plan

in the workplace and in

faculty at Williamette

Association. He is a partner

that guided the invest-

life. Brumback is senior

University College of Law

with McGuireWoods in

ment of federal homeland

in Salem, Ore.

Richmond and was se-

security in transportation,

lected for inclusion in Best

emergency response, and terrorism prevention.

homeland security and

vice president and general

LAWRENCE HATCH recently

counsel at GE Capital Real

became managing

Estate, headquartered in

director of the Glenmede

KENNETH WILLIAMS, profes-

Lawyers 2013 in commer-

Norwalk, Conn., which

Trust Company, where he

sor of law at South Texas

cial, bet-the-company, and

partners with Dress for

oversees the Ohio region

College of Law, has been

environmental litigation.

Success. She leads GE’s

for the $25 billion

selected as a Fulbright

awarded the John C.

company-wide pro bono

independent wealth

specialist and will teach

Kenny Pro Bono Award

efforts and volunteer work

management firm.

“U.S. Criminal Justice

for the program, and has

Glenmede Trust manages

and Legal System” at the

Association. Johnson was

served on the Dress for

$3 billion in assets with 25

Federal University of Bahia

named a Leader in the Law

Success Worldwide board

professionals in its

in Brazil. The Fulbright

in 2012 by Virginia Lawyers

of directors since 2011.

Cleveland-area office.

organization selects an

Weekly and was elected

elite group of educators

chair of the board of

PATRICK GARDNER is

SUSAN P. LIEMER started

each year to teach in

governors of the Virginia

president and board

the Legal Writing Prof

foreign countries as part

Bar Association. He is a

member of Young Minds

Blog in 2005, which she

of an effort to promote

JOHN M. COOPER is listed in

partner with Hunton &

Advocacy Project, a

continues to write with

mutual understanding and

Virginia Super Lawyers 2013

Williams in Richmond,

not-for-profit organization

colleagues. The ABA

respect between the U.S.

for personal injury law. He

where he concentrates his

he founded in 2012 that

Journal included it in its

and other countries. The

is a founding partner of

practice on environmental

works to improve access

list of top 100 “blawgs” for

course will be taught for

Cooper Hurley in Norfolk,

litigation and trial work.

to good mental health

2012. The Chicago Daily

four weeks beginning in

where he focuses on

care for low-income young

Law Bulletin also reported

mid-May, which is in the

personal injury law and

LISA WILSON EDWARDS was

people with serious needs

on the blog on December

winter semester for the

litigation involving car,

appointed in March 2011

and to reform mental

28. You can check it out

students.

truck, train, and motor-

to serve as an administra-

health systems so they

at http://www.typepad.

cycle accidents.

tive appeals judge on the

are more responsive and

lawprofessor/legalwriting.

accountable to the young

Liemer is professor of law

people and families they

and director of lawyering

serve. YMAP uses policy

skills at Southern Illinois

analysis, program evalu-

University School of Law in

ations, legal strategies,

Carbondale.

and public education to

1987

1988

HARRY M. JOHNSON III was

by the Richmond Bar

administrative review

KELLEY COYNER was

board by former Secretary

unanimously appointed

of Labor Hilda Solis. In this

Following an almost

executive director of

role, Edwards serves on a

ten-year tenure in private

the Northern Virginia

panel responsible for issu-

practice (Milbank, Tweed;

Transportation

ing final agency decisions

Shaw Pittman), NAOMI

Commission (NVTC).

for the Secretary in cases

improve the mental health

JENNY SHULBANK heads

(WILKINSON) BEARD began

Board members praised

arising under a wide range

system and make it more

the labor and employ-

providing executive coach-

Coyner’s long record

of worker protection laws

effective, particularly for

ment practice group for

ing and consulting to law

of building regional

that include environmen-

youth. Founded in the San

Exelon Business Services

firms and their attorneys

partnerships, her expertise

tal, transportation and

UVA LAWYER / SPRING 2013 55

CLASS NOTES …

Carolina Super Lawyers

partner with Taft Stettinius

JAMES F. WILLIAMS ’88 was

2013 in the areas of health

& Hollister, where he

honored with the

care and business/

focuses on litigation,

Outstanding Mentor Award

corporate law. He is a

arbitration, and dispute

given by the King County

founding partner with Wall

resolution.

Bar Association Young

Esleeck Babcock in

Lawyers Division in the

Winston-Salem.

Seattle area. Committed to helping young lawyers for years, he was one of the

1990

founders of the Washington

1991 NAILA AHMED was honored by the YWCA of Richmond

State Bar Association’s Leadership Institute, which recruits, trains, and develops

as one of its Outstanding

attorneys in the state. Williams is a partner in the litigation practice of Perkins Coie.

Women. Ahmed was recognized for her work

securities whistleblower

1989

protection, H-1B immigra-

in law and government

DAVID N. COHAN was listed

and was selected based

in Virginia Living as a Legal

on her leadership skills, her achievements, and her

tion provisions, and

DANE H. BUTSWINKAS was

Eagle 2012 in copyright

federal construction and

inducted as a fellow into

and trademark law and

CURTIS P. BOUNDS is listed in

commitment to improving

service contracts.

the American College of

is named in Best Lawyers

Best Lawyers 2013 in family

the lives of women and

Trial Lawyers in November.

2013 in these areas as

law. He is a director at

children in the Richmond

was an appellate at-

Fellowship is extended

well. He is a partner and

Bayard in Wilmington, Del.

community. She is director

torney in the Civil Rights

only to experienced trial

member of the banking

and is head of the family

of talent management at

Division of the United

lawyers who have mas-

& finance practice group

law practice, focusing his

Williams Mullen, where

States Department of

tered advocacy and those

with Gentry Locke Rakes &

work on complex divorce

her responsibilities include

Justice for 19 years. She

whose legal careers reflect

Moore in Roanoke.

and child custody cases.

recruiting, training, and

assisted the U.S. Solicitor

the highest standards of

General in the preparation

professionalism, ethics,

LISA STEEN PROCTOR has

STAN PERRY has joined

a number of boards, includ-

of cases litigated in the

civility, and collegiality.

a blog, www.we-never.

Reed Smith as a partner

ing St. Andrew’s School,

U.S. Supreme Court and

He is listed in Best Lawyers

com, where you can read

in Houston, Tex., where

Metropolitan Business

advised the Assistant

2013 in commercial

about her adventures;

he is a member of the

League, Richmond First Tee,

Attorney General for

litigation and white-collar

every week for one year

energy & natural resources

and YWCA, as well as the

Civil Rights on positions

criminal defense and was

she and a friend aim to do

industry group. He is listed

Virginia Museum of Fine

taken by the United States

named in Washington

something new and blog

in Best Lawyers 2013 in

Arts Foundation Business

in civil rights matters.

D.C. Super Lawyers 2012

about the experiences.

toxic tort litigation. He was

Council.

From 2007–09 she was a

in civil litigation defense

previously with Haynes &

Commissioner with the

and Chambers USA 2012

Boone.

Human Rights Commis-

in litigation: general

sion in Montgomery Co.,

commercial for the District

RUSSELL S. SAYRE was

director for diversity and

Md. In 2010 Lisa served as

of Columbia.

recognized in Best Lawyers

inclusion at the Defense

2012 in appellate practice,

Contract Management

commercial litigation,

Agency (DCMA). The DCMA

Previously, Edwards

Deputy Associate Counsel

diversity. She has served on

GEORGE BRAXTON is now special advisor to the

Butswinkas is a partner

for Personnel in the Office

with Williams & Con-

of Presidential Personnel

nolly, where he focuses

JAMES D. WALL was named

and litigation-banking

is the Department of

at the White House. She

his practice on trial and

in Best Lawyers as

& finance. He is listed

Defense component that

lives in Potomac with

arbitration work.

Greensboro Corporate Law

as a Leading Lawyer in

works directly with defense

Lawyer of the Year for 2012

business litigation in Cincy

suppliers to help ensure

her husband, Robert H. Edwards, Jr., and their

HARRY CLARK is now head

and is currently listed as a

magazine and in Ohio

that DOD, Federal, and

children, ages 16 and 14.

of the international trade

Legal Elite in Business

Super Lawyers 2013 in

allied government supplies

and compliance group at

North Carolina. He is also

business litigation. He is a

and services are delivered

Orrick in Washington, D.C.

recognized in North

56 UVA LAWYER / SPRING 2013

CLASS NOTES …

on time, at projected cost,

MAC WARNER LL.M. works for

SEAN PATRICK MALONEY was

and meet all performance

an INL State Department

elected to the U.S. House

GEORGE COLLINS ’92 and

requirements. DCMA

contractor and is the

of Representatives for New

his wife, Marketa,

directly contributes to the

justice sector support

York’s 18th Congressional

welcomed a daughter

military readiness of the

program team leader for

District, defeating

and first child, Julie

United States and its allies

the province of Bamyan in

incumbent Republican

Marie, on August 1.

and helps preserve the

Afghanistan. He has been

Rep. Nan Hayworth.

They reside in Prague,

nation’s freedom.

doing rule of law work

Czech Republic.

for the past two years.

AMY ELIZABETH STEWART has

Bamyan is known for the

published Texas Insurance

2001 Taliban destruction

Coverage Litigation: The

of the world’s largest

Litigator’s Practice Guide, a

in 2012 to update video

Museum of Natural

standing Buddha statues,

desk reference published

privacy laws.

History, and enjoys vol-

leaving two large empty

by Texas Lawyer (see In

niches in the mountainside

Print). She is shareholder of

adjacent to the Silk Road

Amy Stewart Law in Dallas,

of Afghanistan. He and his

where she represents

Maxim, are proud of their

team of Afghan attorneys,

policyholders in commer-

young UVA fans, Hampton (12) and Sophia (9).

unteering at his children’s

1994

schools. He and his wife, Adrienne McCullough

translators, and adminis-

cial insurance coverage

ALEXANDER M. MACAULAY is

trators have taught more

disputes, including insur-

listed in Best Lawyers 2013

than 300 judges, pros-

ance coverage litigation

JOHN B. NALBANDIAN is

in government relations

ecutors, defense counsel,

and arbitration, bad-faith

listed as a leading lawyer

law. He is a founding

police, and Department

litigation, pre-suit advice

in civil litigation, business,

partner of Macaulay &

of Women’s Affairs

and negotiations, and

Burtch in Richmond, Va.

personnel topics, including

other complex litigation

BRIAN R. BOOKER is listed in

magazine and in Best

constitutional law, penal

matters.

Best Lawyers 2013 in

Lawyers 2012 in appellate

and general law in Cincy

KEN PAXTON was elected

code, criminal procedure,

commercial litigation. He

practice. He is a partner

to the Texas Senate in

elimination of violence

ILIR ZHERKA is executive

is a partner with Quarles &

in the litigation depart-

November after serving

against women, gender

director of the National

Brady in Phoenix, Ariz.,

ment of Taft Stettinius &

five terms in the Texas

justice, juvenile justice,

Conference on Citizenship,

where he focuses his

Hollister, where he focuses

House of Representatives.

money laundering, trial

a congressionally chartered

practice on commercial

on appellate law.

He was recently ap-

advocacy, interrogation,

organization dedicated to

and professional liability,

pointed vice-chair of the

legal writing, and ethics.

increasing civic engage-

real estate, securities fraud,

Senate Committee on

ment throughout the U.S.

and products liability.

Transportation. Paxton

He previously led D.C. Vote,

also serves on the Senate

1992

Education Committee,

1995

an organization working to

KEVIN MAXIM has been

ROB BELL, Delegate to

gain full voting repre-

named in Georgia Super

the Virginia House of

the Senate Committee on

BERT GOOLSBY LL.M.

sentation in Congress for

Lawyers in business litiga-

Representatives, is running

Government Organization,

recently published The

Washington, D.C. residents.

tion each year since 2010,

for the office of Attorney

the Senate Committee

Locusts of Padgett County,

and as one of the Top 100

General. This spring he’s

on Intergovernmental

a story inspired by a 1909

Georgia Super Lawyers in

travelling across the state

Relations, and the Senate

South Carolina Supreme

2012 and 2013. He also

in the weeks leading up

Jurisprudence Committee.

Court case in a time when

was recognized as one of

to the Republican primary

He and his wife, Angela,

racial prejudice shaped

As part of his work at

Georgia Trend’s 2012 Legal

nominating convention

reside in McKinney with

laws and the administra-

Monument Policy Group,

Elite. His Atlanta-based

in May.

their three teenage

tion of justice (see In

STEWART VERDERY worked

Maxim Law Firm marked

daughters. His son is a

Print). He is a former chief

closely with David

its fourth anniversary at

KIRBY GRIFFIS has started

sophomore at Baylor

deputy attorney general of

Hyman, general counsel

the beginning of 2013.

the blog, BriefRight, (www.

University.

South Carolina and former

at Netflix, on legislation

Kevin serves on the board

briefright.com), which

criminal prosecutor.

enacted by Congress late

of trustees of the Fernbank

focuses on how to write

1993

UVA LAWYER / SPRING 2013 57

CLASS NOTES …

and edit winning legal

Democratic Caucus. He

NICOLE G. FITZPATRICK has

compliance professionals

briefs. He is a partner

also appeared in this year’s

been named an In-House

to ensure that the ACS

with Hollingsworth in

premiere episode of How

Leader in the Law for 2013

operates in compliance

Washington, D.C., where

the States Got Their Shapes

in Massachusetts Lawyers

with laws that govern

he tries cases nationwide,

on the History Channel.

Weekly. She is assistant

public charities. He

in-house counsel for

provides strategic legal

mainly for pharmaceutical

PAUL B. TURNER has joined

Akamai Technologies, Inc.,

counsel to the society’s

Reed Smith as partner in

a leading cloud platform

board and program and

LEEZIE KIM was recently

Houston, Tex., where he is

that provides secure and

operations leadership to

appointed to the Phoenix

a member of the energy &

high-performing connec-

support the mission of the

tions for e-commerce.

nation’s largest voluntary

and medical device clients.

1996

Aviation Board for a

natural resources industry

MICHAEL D’AGOSTINO won

four-year term. She is a

group. He focuses his prac-

a seat in the Connecticut

partner in the corporate

tice on evolving energy

KEVIN W. HOLT was listed as

State Legislature in

services group with

and commodity markets,

a Legal Eagle in the area

LORI D. THOMPSON was

November, running unop-

Quarles & Brady in

principally the physical

of commercial litigation in

recognized by Virginia

posed as a Democrat to

Phoenix, Ariz., where she

and financial trading of

Virginia Living in 2012. He

Lawyers Weekly as a 2012

fill the seat of the retiring

focuses her practice on

energy commodities. He

has been named in Best

Leader in the Law. She is

Representative in the 91st

helping clients navigate

is listed in Best Lawyers

Lawyers 2013 in the area

immediate past president

District.

the laws of national

2013 in derivatives law

of commercial litigation.

of the Roanoke Bar

security and international

and futures law. He was

He was also listed in

Association and cur-

TREY HANBURY recently

business transactions as

previously with Sutherland

American Lawyer as a Top

rently serves as chair of the

joined Hogan Lovells as

well as health care and

Asbill & Brennan.

Rated Lawyer for 2013 in

Roanoke Law Foundation,

a partner in Washington,

restaurant business

commercial litigation. He

a member of the Virginia

D.C. He focuses his

transactions. While serving

is a partner with Gentry

Bar Association Board of

practice on the regulatory,

as deputy general counsel

Locke Rakes & Moore in

Governors, and a board

transactional, and policy

for the U.S. Department of

Roanoke.

member of the Virginia

issues affecting wireless

Homeland Security she

Poverty Law Center. She

broadband companies,

became involved in

is a shareholder in the

such as spectrum auctions

aviation security, border

litigation department at

and assignments, foreign

entry matters, and

LeClairRyan.

ownership, interoperability,

customs issues at airports.

1997

health organization.

and competition policy.

1998

He previously served as

JASON WILLIAM MORGAN is

regulatory counsel for

the managing partner of

BRIAN W. BYRD is listed in

Sprint Nextel Corporation,

Drohan Tocchio & Morgan,

North Carolina Super

where he represented

a ten-lawyer firm on the

Lawyers 2013 in real estate.

the company before the

South Shore of Boston,

He was selected for Best

TIMOTHY B. PHILLIPS has

court judge, is currently an

Federal Communications

Mass. In 2012 Jason and

Lawyers 2013 in real estate

been named general

arbitrator specializing in

Commission, the National

his wife, Jennifer, adopted

law and land use & zoning

counsel and chief legal

commercial and employ-

Telecommunications and

their second child from

law and was named Lawyer

executive with the

ment fields for the

Information Administration,

Ethiopia. They now have

of the Year for 2013 in land

American Cancer Society,

American Arbitration

the Departments of Justice

five children from age 3

use & zoning law. He was

headquartered in Atlanta,

Association in New York.

and Homeland Security,

to 21.

also listed in Business North

Ga. He heads the office of

She has arbitrated solo

Carolina’s Legal Elite in real

corporation counsel,

and as chair in complex,

and Congress. “When I’m

Judge BILLIE COLOMBARO (ret.), a former appellate

not geeking out in wireless

SCOTT SUROVELL, Virginia

estate for 2013. He is with

where he served since

technical matters, and

land,” he writes, “I stay busy

State Delegate represent-

Smith Moore Leatherwood

2005 as senior counsel and

has presented at dispute

with my wonderful wife,

ing the 44th District, has

in Greensboro.

interim general counsel.

resolution conferences,

Suzanna, and our two busy

been selected as political

Phillips leads a nationwide

including for the ABA.

kids, Amelia (6) and Nate (2).

director and campaign

team of legal and

She is a member of the

chairman for the House

58 UVA LAWYER / SPRING 2013

Chartered Institute of

CLASS NOTES …

prosecuted former Mayer

1999

in June. He is a member

Brown partner Joseph

of the business litigation

Collins for his participation

and employment litigation

in the $2.4 billion fraud

practice groups at

at commodities broker

Hodgson Russ, where he

Refco. He also prosecuted

focuses his practice on

former N.Y. State Sen.

employment-related litiga-

Efrain Gonzalez, sentenced

tion, defending employers

in 2010 to seven years

in lawsuits that involve

in prison for using two

harassment, discrimination, whistleblower claims,

non-profits to pay for his

LODIE V. BIGGS has been

breach of contract,

named chair of Baker

restrictive covenants,

KEVIN T. PIGOTT has been

Donelson’s economic

ERISA, and tort claims. He

personal expenses.

appointed of counsel to

development team. Biggs

recently served a term as

The formal investiture for ROBERT J. SHELBY ’98 to

Bean, Kinney & Korman

is a shareholder in the

president of the Minority

the U.S. District Court for the District of Utah took

in Arlington, Va., where

firm’s Memphis office and

Bar Association of Western

place March 29. Speakers at the event included U.S.

he focuses his practice on

frequently represents

New York.

Senators Orrin Hatch and Mike Lee; local Utah state

commercial real estate,

companies locating or

court judges Deno Himonas and James Blanch; and

financing, and corporate

expanding within

Richard Burbidge, local trial attorney and former

transactions.

Tennessee and other jurisdictions, including

colleague of Judge Shelby’s from the law firm of

VALERIE WAGNER LONG

assisting companies in

was selected to chair the

negotiating and securing

Christensen & Martineau, where his practice focused

Charlottesville Regional

tax and other economic

on complex commercial litigation and catastrophic

Chamber of Commerce’s

development incentives

personal injury cases on behalf of both plaintiffs

board of directors for

for the companies’

and defendants in state, federal, and administrative

2013 and is listed in Best

investments in the

STEPHANIE L. CHANDLER has

courts throughout the country.

Lawyers 2013 in real estate

community.

been recognized as a

Burbidge, Mitchell & Gross.

Shelby previously was shareholder at Snow,

and land use & zoning law.

rising star for 2013 in Texas

She is a partner at Williams

Monthly. She is a partner

Mullen, where she focuses

with Jackson Walker in San

Arbitrators, where he

Greensboro, where he

her practice on real estate

Antonio, where she

serves on the Assessment

focuses his practice on

transactions and land use

focuses her practice on

and Examination Board,

commercial litigation,

matters.

securities transactions,

the ABA Advocate

particularly relating to

Committee, the ABA

construction, contract, real

This fall HELEN C. WAN is

mergers and acquisitions;

Dispute Resolution

estate, title insurance, and

publishing her first novel,

technology licensing and

Section, the New York

landlord-tenant matters.

The Partner Track, in which

JOSEPH S. BROWN was

commercialization; and

a promising Chinese-

recently elected to

general corporate work.

Bar Association Dispute

reporting, and compliance;

Resolution Section, and the

MICHAEL LEVY was

American attorney on

partnership with Hodgson

She is also head of the

New York City Bar. She is

appointed head of the

the verge of becoming a

Russ in Buffalo, N.Y.

technology section.

also certified as a mediator.

appeals unit of the

partner at a prestigious

Manhattan U.S. Attorney’s

firm has to decide how

elected to the New York

He has also been

NEALE T. JOHNSON is listed

Office. Levy had been a

to handle an incident at

State Bar Association

in Business North Carolina’s

member of the office’s se-

the firm outing that goes

House of Delegates as

Legal Elite 2013 in

curities and commodities

against her principles.

a representative of the

construction.

fraud task force. He joined

Wan is associate general

Eighth Judicial District.

the office in 2002 and

counsel at Time, Inc.

His one-year term begins

He is with Smith Moore Leatherwood in

was part of the team that

UVA LAWYER / SPRING 2013 59

CLASS NOTES ‌

ANTHONY M. RUSSELL has

KANDICE KERWIN HULL was

ANDREW MCCANSE WRIGHT

been named in Best

selected as a recipient

is an associate professor

Lawyers 2013 in the areas

of the YWCA Tribute to

at Savannah Law School,

of mass tort litigation/

Women of Excellence

where he teaches criminal

class actions-plaintiffs,

Award for 2013. The

law, criminal procedure,

medical malpractice

award recognizes women

and courses on separation

VINCENT E. POLSINELLI was

law-plaintiffs, and personal

LISA C. DEJACO has been

for their leadership as

of powers, criminal theory,

recently elected to

injury litigation-plaintiffs.

selected to participate in

professionals and as

and national security law.

partnership with Nixon

American Lawyer lists him

the Bingham Fellows class

community volunteers

He recently served in the

Peabody in Albany, N.Y.,

as a Top Rated Lawyer for

of 2013. The Bingham

in central Pennsylvania.

Office of White House

where he represents

2013 in the areas of medi-

Fellows provides leaders

Hull is co-chair of

Counsel with a focus on

corporate clients in all

cal malpractice, personal

with opportunities to

the Pennsylvania Bar

congressional oversight

aspects of employment-

injury, and legal malprac-

develop solutions for key

Association’s Legal Service

and national security.

related litigation, including

tice law. He is a partner

community problems in

to the Public Committee

class actions and

with Gentry Locke Rakes &

Louisville, Ky. DeJaco is an

and a member of the

individual plaintiff lawsuits

Moore in Roanoke, Va.

alumna of the Leadership

Pennsylvania, Dauphin

under Title VII, the FLSA,

Louisville program. She is a

County, and Lebanon

the ADA, ADEA, and other

partner with Wyatt, Tarrant

County Bar Associations.

& Combs, where she is a

She has made significant

member of the litigation &

contributions to pro bono

RYAN CLINTON has been

dispute resolution service

legal work as pro bono co-

MICHELLE P. QUINN has

board certified in

team. She focuses her

ordinator for her law firm.

joined Berger Harris as

civil appellate law. He was

practice on intellectual

A member of McNees

partner in the corporate/

recognized as a rising star

property litigation, and

Wallace & Nurick in Har-

business entity counsel-

in Texas Super Lawyers

was listed in Best Lawyers

risburg, Pa., Hull practices

ing practice group in

2013, the ninth time he

2013 in this area.

in the litigation, appellate

DONALD C. LEGOWER has

Wilmington, Del. Her

has been so honored, and

and post-trial, and trans-

been promoted to partner

practice focuses on

was selected by Texas

portation, distribution,

at Dechert in Philadelphia,

advising clients on

Lawyer as one of the

and logistics groups.

Pa., where he is a member

Delaware law concerning

top 25 most promising

partnerships and limited li-

attorneys in Texas under

DANIEL RAVICHER was

and focuses on consoli-

ability companies. She was

40. He is with Hankinson in

named Appellate Lawyer

dated and class

previously counsel in the

Austin, where he repre-

of the Week by the

action litigation.

Limited Liability Company

sents clients in the Texas

National Law Journal in

and Partnership Advisory

Supreme Court, the U.S.

MICHAEL P. ELKON is listed in

November. He teaches

Group at Richards, Layton

Court of Appeals for the

Georgia Super Lawyers

at Benjamin N. Cardozo

& Finger.

Fifth Circuit, Texas interme-

2013 for litigation on

School of Law and is

diate courts, and the U.S.

behalf of employers. He is

executive director of the

RILEY ROSS opened his own

Supreme Court. In recent

of counsel with Fisher &

Public Patent Foundation,

law firm in Philadelphia,

years he has handled

Phillips in Atlanta, where

a nonprofit legal services

Pa., on March 1. The

appeals in groundbreaking

he represents manage-

organization that fights

firm, Ross Legal Practice,

oil-and-gas litigation.

ment in all areas of

bad patents and bad

employment law.

patent policy.

federal and state employ-

2000

ment laws.

specializes in civil rights

2001

of the litigation practice

2002

litigation, criminal

CHRIS CONVERSE has been

defense, employment

named a rising star in

JACQUELINE FERRELL and

SAHEEN SHEIK-SADHAL

SARAH ERICKSON ANDRE was

discrimination, internal

Texas Super Lawyers 2013

her husband, Chris,

welcomed her second

recently elected to

investigations, and

in the area of business/

welcomed their second

child on December 30.

partnership with Nixon

personal injury.

corporate law. He is a

son, Elliott Dolan Ferrell,

Shamsher Aashiq joins her

Peabody in Los Angeles,

partner with Gardere

on June 21, 2012.

happy big sister, Samiyah

Calif., where she is a

Rumi.

member of the

Wynne Sewell in Dallas.

60 UVA LAWYER / SPRING 2013

CLASS NOTES …

she focuses her practice

JASON HEEP is partner at

Europe; Andrea Hamilton

BERND J. HARTMANN LL.M. ’02

on branding, advertising,

Gardere Wynne Sewell in

’03 is also practicing

has been appointed full

and promotions issues.

Dallas. Heep represents

competition law there.

He writes that the thing

professor at Osnabrueck

clients in complex

University. He teaches

commercial litigation,

that was the most painful

constitutional law, adminis-

with a specific focus on

to give up in the move was

trative law, European Union

environmental litigation

his black, big-block V-8.

law and law & economics.

and insurance coverage

“They tax those things out

Even though it is yet to be

litigation.

of existence here.” Now he drives a tiny 4-cylinder

published, his latest book on public tort law has already

AARON S. HULLMAN has

Peugeot. “Please look me

won two academic prizes.

been promoted to counsel

up when you’re nearby in

Osnabrueck University is famous for its European

AMANDA P. REEVES has been

with Latham & Watkins in

Brussels, Paris, Amsterdam,

Legal Studies Institutes, which rank among the most

elected to partnership

Washington, D.C., where

or London, or shoot me

important research institutions on comparative law

with Latham & Watkins in

he represents private eq-

a line and say how you’re

in Europe. Hartmann notes that the University’s

Washington, D.C. She is a

uity firms and companies

doing.”

location is no surprise, as the Westphalian Peace

member of the antitrust &

in transactional and cor-

Treaty ending the Thirty Years’ War was signed in

competition practice

porate matters, including

BRENDAN STUHAN has

beautiful Osnabrueck in 1648.

group within the litigation

mergers and acquisitions,

moved to Washington,

department. Her special-

joint ventures, and private

D.C., to become senior

ties are the application of

equity financings.

associate counsel with

the antitrust laws to

the BlueCross BlueShield

commercial litigation and

STEPHEN GALOOB is finishing

high- technology

ROSCOE JONES JR. is

international disputes

his Ph.D. in the jurispru-

industries and the health

moving to Seattle to be

groups. She concentrates

dence and social policy

care industry.

an Assistant U.S. Attorney

CHRISTOPHER S. TURNER has

her practice on commer-

program at University of

in the criminal division

been promoted to counsel

cial litigation involving

California, Berkeley. In the

of the Western District of

with Latham & Watkins in

intellectual property,

fall he will join the faculty

Washington. Previously,

Washington, D.C., where

sovereign immunity,

at the University of Tulsa

he worked in the U.S.

he focuses his practice

contracts, labor disputes,

College of Law, where

Department of Justice,

on complex commercial

civil rights, and interna-

he will teach criminal

as an Appellate Attorney,

litigation, particularly on

tional property claims.

law, torts, professional

Special Counsel to the

securities fraud investiga-

responsibility, and law &

Assistant Attorney General

tions and litigation.

philosophy.

in the Civil Rights Division,

In February 2011 PAUL

2003

H. DELANEY III joined the

and Special Assistant U.S. Attorney for the District of

Senate Committee on

Association.

2004

Finance as international

ANDREW G. BESHEAR has

Columbia. He also served

trade counsel, where

been appointed to the

as counsel and then senior

CORBAN ADDISON discussed

he advises ranking

Louisville Arena Authority

counsel to the Chairman

his recent book, A Walk

member Orrin G. Hatch,

Board of Directors by the

of the U.S. Senate Judiciary

Across the Sun, which

the Republican Finance

mayor of Louisville, Ky.

Committee.

delves into the crisis in

Committee Senators,

Beshear is a member with

international human

Stites & Harbison, where

ANDREAS STARGARD left

trafficking, at the Virginia

and other Republican

NICOLE M. MURRAY was

his litigation practice

Washington, D.C. for

Festival of the Book in

Senators and their staff

recognized as a 2013 rising

includes general litigation,

Brussels, Belgium, to join

Charlottesville in March.

on trade, investment, and

star in Illinois Super

administrative law,

Paul Hastings as partner in

international economic

Lawyers. She is a partner in

antitrust defense,

the antitrust and competi-

issues. He married Meghan

the intellectual property

environmental law, and

tion group. He reports that

E. Giulino on April 14,

group with Quarles &

professional liability

UVA Law is well repre-

2012, in Washington, D.C.

Brady in Chicago, where

defense.

sented in the “heart” of

Republican leadership,

UVA LAWYER / SPRING 2013 61

CLASS NOTES …

2005

JONATHAN ALTSCHUL joined

DUNCAN JOSEPH MOORE has

Fox Rothschild as a partner

been promoted to partner

After almost five

in the Los Angeles office.

at Latham & Watkins in

years at Ritch Mueller,

Altschul represents a

Los Angeles, Calif., where

range of high-profile

he focuses his practice on

DIEGO BLANCO CARRILLO LL.M. ’06 started his

clients in a variety of

obtaining and defend-

own law firm, Blanco

complex transactions.

ing project-siting and

Carrillo. The firm’s main

He serves as a steadfast

environmental approvals

practices are mergers &

advocate to some of the

for major infrastructure,

acquisitions, securities,

industry’s major recording

energy, and development

real estate, and general

artists, actors, writers, and

projects.

producers, negotiating

JAMIE L. LISAGOR has joined

corporate law. Mexico is a hot market for many

Pacifica Law Group in

international investors, and Diego offers his clients

deals and agreements,

SARAH K. MORGAN has been

Seattle, Wash., as an

high-quality services at reasonable rates. On the

including talent, devel-

made partner at Vinson &

associate in the appellate

personal front, his second baby boy, Patricio, was

opment, sponsorship,

Elkins in Houston, where

and trial litigation group.

born on November 20, in perfect health.

advertising, content

she focuses her practice on

license, distribution,

capital markets, mergers

film finance, publish-

and acquisitions, private

ing, management, and

equity, and advising public

composer agreements.

and private companies on

Altschul also guides his

governance and general

JOHN DOYLE and his wife,

ERIK RAVEN-HANSEN reports

clients to resolution in a

corporate and securities

Joan Flint, are expecting

that all is well as a fifth-

range of highly conten-

matters. She was recog-

their fifth child in October.

year associate at Baker

tious disputes.

nized in Texas Monthly as a

KATHLEEN L. MATSOUKAS was

Hostetler in Washington,

Texas rising star for 2012.

elected partner with

D.C., where he focuses

2006

Barnes & Thornburg in

2007

2008

his practice on antitrust,

Chicago, Ill., where she is a

international, and govern-

member of the litigation

ment contracts litigation.

department and the New

NUALA E. DRONEY was

York law practice group.

JILLIAN OWENS has joined

She concentrates her

Loeb & Loeb as an

practice on commercial

associate in the trusts and

litigation, internal and

estates department in New York.

recently elected partner

ALLISON ORR LARSEN was

governmental investiga-

with Robinson & Cole in

honored with a 2012

tions, securities, and

Hartford, Conn., where she

William & Mary Alumni

white-collar defense

HOWELL O’REAR has started

is a member of the

Association Fellowship

matters.

the law firm McInteer &

litigation section. She

Award, which is given to

focuses her practice on

younger members of the

J. LEONARD TETI II has been

where his practice will

KATHERINE BEURY now

complex litigation in

faculty who are particu-

made partner in the tax

focus on the music industry

works as an associate at

federal courts, including

larly outstanding as

department at Cravath,

and health care litigation.

Rhodes, Butler & Dellinger

antitrust, patent, trade

teachers. She teaches

Swaine & Moore in New

He will continue to assist

in Roanoke, Va.

secret, trademark, unfair

constitutional law,

York City. He focuses

clients in developing

trade practices, fraud, and

administrative law, and

his practice on advising

enforcement procedures to

SARAH COPELAND is

contract disputes. Droney

statutory interpretation

clients on the tax aspects

protect their intellectual

engaged to marry Ryan O.

is recognized as a rising

courses at the William &

of complex mergers and

property rights.

Dean, a graduate of UVA,

star in Connecticut Super

Mary Law School. She

acquisitions, spin-offs,

Lawyers 2013 in business

completed her under-

private equity transac-

litigation.

graduate degree at

tions, and bank financing.

William & Mary.

62 UVA LAWYER / SPRING 2013

2009

O’Rear in Nashville, Tenn.,

on May 25.

CLASS NOTES …

Charlottesville, where he

Americans and other

practices business and

underserved communities.

intellectual property law.

Childress is an associate in the litigation department

2010

of Morrison & Foerster in Northern Virginia. As a member of the employment and labor group, she

ANDREW B. STOCKMENT

focuses her practice on

received the Emerson G.

litigating employee

Spies Award from the

mobility, trade secret,

Virginia Bar Association

non-competition,

ALAN WONG ’08 recently joined the Young Professional

Young Lawyers Division,

whistleblower, and

Advisory Board of the Bethesda Project, an

which recognizes

retaliatory discharge cases.

organization that serves homeless and needy men

enthusiasm, loyalty, and

and women throughout Philadelphia, Pa. He is an

dedication to the work of

JESSICA CHILDRESS has been

Foerster, she served as a

associate in the business and finance department of

the VBA. He co-chairs the

elected to the

law clerk for the Honorable

Kleinbard Bell & Brecker, where he focuses on

VBA Young Lawyers

Congressional Black

Alexander Williams Jr. in

corporate and transactional matters, including

Division Communications/

Caucus Foundation’s

the U.S. District Court for

mergers and acquisitions, debt and equity

Publicity Committee and is

Alumni Network board of

the District of Maryland.

financings, venture capital transactions, joint

editor-in-chief of Opening

directors as the chairman

ventures, commercial contracts, employment

Statement, the VBA Young

of the scholarship

CARLTON GAMMONS has

agreements, corporate restructurings, entity

Lawyers Division newslet-

committee. She will serve

been appointed as an

formation, and general corporate counseling.

ter. He also serves on the

a two-year term. The

Assistant U.S. Attorney in

VBA Intellectual Property

Congressional Black

the major crimes division

and Information

Caucus Foundation, Inc. is

of the U.S. Attorneys Office

Technology Law Section

a nonprofit, nonpartisan

for the Middle District of

Council as the Young

public policy, research and

Florida.

monwealth Attorney for

Lawyers Division

educational institute that

the city of Hopewell, Va.,

Representative. Stockment

aims to help improve the

ZHUO “DAVID” HUANG

she prosecutes misde-

is an associate at Lenhart

socioeconomic circum-

received the Lawyers

meanors and felonies,

Obenshain in

stances of African

Alliance for New York’s

As Assistant Com-

Prior to joining Morrison &

writes appeal briefs, and

2012 Cornerstone Award

serves on juvenile justice,

honoring outstanding

domestic violence, and

pro bono legal services to

sexual assault committees.

nonprofits on November

ELISABETH CUSTALOW,

(Individuals prosecuted

13. He provided extensive

Assistant Commonwealth

for domestic violence

assistance to Exponents,

Attorney for the city of

are often investigated

Inc., a community-based

Hopewell, Va., was recently

for animal abuse as well.)

nonprofit that provides

named executive director

From an early age she has

training and services to

of Four Feet Forward, an

been a passionate animal

underserved and difficult

organization that

advocate, escorting bugs

to reach populations who

coordinates with nonprofit

out of the house and

deal with addiction and

animal advocacy organiza-

protecting animals from

health-related problems.

tions to provide pro bono

schoolyard bullies. She

Huang and his col-

assistance from profes-

clerked with the Animal

sional consultants in

Legal Defense Fund

JORDAN E. MCKAY ’10 and CRYSTAL SHIN ’10 were married

legal aspects involved in

various fields.

following Law School.

on September 2, 2012, in Charlottesville.

Exponents establishing a

leagues helped with the

for-profit center that offers

UVA LAWYER / SPRING 2013 63

CLASS NOTES …

Your Alumni Career Network The best way to fuel your career path is by building relationships and exploring

Department, where he was

formation, reorganization,

a fellow in the intellectual

and securities compliance.

property division.

She is also a member of the health care group.

options, whether you are a new graduate or considering a major life change. The Law School hosts an Alumni Career Network (ACN—a group of alumni volunteers who will provide career, life-stage, or general advice to Law students and fellow

JOEL SANDERSON is working

alumni. We welcome your participation on both sides of this service—as a

with Inherit Your Rights, a

volunteer and/or as a resource. The ACN is not a job-posting/seeking database.

pilot project in northern

To join the Alumni Career Network, visit WWW.LAW.VIRGINIA.EDU/ALUMNI and look

Tanzania. According to the project’s Web site, in

for the “Alumni Career Network” link in the bottom left corner.

rural Tanzania, widows are extremely vulnerable to

2012

MARK MCBRIDE has joined

abuse; under customary

Lane Powell in Seattle,

law, when a man dies,

training for counselors

Emily ’11 and BRIAN WELLS

Wash., as an attorney in

his wife inherits nothing,

and counseling services

had a son, Gray Foster,

the litigation practice

unless she is childless

for substance abuse. He

born March 28 at 6:18 am

group. He is secretary to

and there are no other

is an associate with Paul,

in New York City.

the board of directors of

living relatives. The man’s

Weiss, Rifkind, Wharton &

the Washington State Bar

children are his rightful

Garrison.

Association’s sexual

heirs. However, if the

orientation and gender

children are too young

identification legal issues

to assert their rights, the

2011

SARA KLAYTON was named a

section, which supports

man’s family often takes

& labor law in Washington,

KYLE S. BAIRD has joined

understanding among

advantage of the situation,

D.C., Super Lawyers 2013.

Vorys, Sater, Seymour and

WSBA members of the

and expels the widow

She practices at Bailey &

Pease in Cleveland, Ohio,

legal needs of gay, lesbian,

and her children from the

Ehrenberg.

where he is an associate in

bisexual and transgen-

family land. These women,

the litigation group.

dered residents of

alone and with no means

Washington State.

of supporting themselves

Rising Star in employment

or their children, need both legal representation

CHARLES HARRIS has joined

and practical assistance.

Inherit Your Rights

Hunton & Williams in Richmond, Va., as a

operates micro-enterprise

member of the health care

projects to assist the women of the region with

group. He was previously with Christian & Barton.

RICHARD J. BALAZS has

their immediate needs, and

joined Vorys, Sater,

hopes to open a legal-aid

SERGE MARTYN recently

Brian ’10 and EMILY WELLS

Seymour and Pease in

CASSANDRA A. MENDOZA has

clinic, focusing on probate

joined Snell & Wilmer in

had a son, Gray Foster,

Columbus, Ohio, where he

joined Porter Wright in

and property law.

Tucson, Ariz., as an

born March 28 at 6:18 am

is an associate in the tax

Columbus, Ohio, as an

associate in the commer-

in New York City.

and probate group.

associate in the corporate

DANIEL WATKINS has

department, where she

joined Williams Mullen

cial litigation group, where he concentrates his

SHAUN J. BOCKERT has

focuses her work on

as an associate in the

practice in commercial

joined Blank Rome in

residential and commercial

litigation department in

litigation. He was

Philadelphia, Pa., as an

real estate and general

Richmond, Va.

previously with Davis Polk

associate in the intel-

business matters,

& Wardwell in London.

lectual property group.

including corporate

He was previously with the Philadelphia Law

64 UVA LAWYER / SPRING 2013

IN MEMORIAM

Baxley T. Tankard ‘38

James F. Brown III ‘50

Robert G. Tallman ‘54

Robert T. Lincoln ‘63

Gerald A. Feffer ‘67

Franktown, Va.

Charleston, W.Va.

Allentown, Pa.

Montville, N.J.

Washington, D.C.

January 26, 2013

December 15, 2012

February 2, 2013

January 1, 2013

February 13, 2013

Francis H. Heller ‘41

Charles E. McDowell ‘50

H. Warren Knight III ‘55

Edwin P. Munson ‘63

George W. Mayo, Jr. ‘73

Denver, Colo.

Alexandria, Va.

Newport Beach, Calif.

Richmond, Va.

Bethesda, Md.

January 9, 2013

November 25, 2012

November 15, 2012

February 4, 2013

November 27, 2012

John B. James ‘46

John Thorpe Richards ‘50

Nathan S. Lord ‘57

Jesse B. Wilson III ‘63

T. Kennedy Helm III ‘74

Virginia Beach, Va.

Alexandria, Va.

Louisville, Ky.

Purcellville, Va.

Louisville, Ky.

October 26, 2012

March 30, 2013

January 1, 2013

November 20, 2012

March 15, 2013

Phil B. Harris ‘47

Kenneth C. Crawford ‘51

William J. Cox ‘58

John W. Jackson, Jr. ‘64

James L. Whitehurst ‘75

Greenfield, Tenn.

San Antonio, Tex.

Fredericksburg, Va.

Novato, Calif.

Portsmouth, Va.

February 13, 2013

November 18, 2012

November 2, 2012

January 6, 2013

February 7, 2013

William B. Hopkins ‘47

Robert L. Teeter ‘51

Friedrich K. Lutz ‘58

James L. Jenkins ‘64

Brenda Farr Engel ‘78

Roanoke, Va.

Harrisonburg, Va.

New York, N.Y.

Richmond, Va.

Princeton Junction, N.J.

December 11, 2012

July 16, 2012

September 19, 2011

January 26, 2013

December 21, 2012

Walter H. Beaman, Jr. ‘48

Bruno Baratta ‘52

Paul R. Muller ‘58

Clifton A. Woodrum III ‘64

Marjorie Manning

Jupiter, Fla.

Oyster Bay, N.Y.

Savannah, Ga.

Roanoke, Va.

Rutherford ‘78

January 9, 2013

February 25, 2013

November 15, 2012

February 19, 2013

Raleigh, N.C.

Floyd C. Jennings, Jr. ‘48

Albert W. Evensen ‘52

James J. Cromwell ‘59

Ralph E. Lawrence ‘65

Birmingham, Ala.

Kaneohe, Hawaii

Potomac, Md.

Norfolk, Va.

Murray Merle Schwartz ‘82

July 5, 2004

December 24, 2012

October 30, 2012

March 3, 2013

Hockessin, Del.

John P. Lacy ‘48

Billups P. Percy ‘52

Herbert G. Hyman ‘60

Anthony L. Montagna, Jr.‘65

New Harbor, Maine

Covington, La.

New Haven, Conn.

Norfolk, Va.

William J. Cornelius ‘84

February 17, 2013

January 18, 2013

December 27, 2012

October 17, 2012

Jefferson, Tex.

Malcolm Yeaman Marshall

Richard D. Sears III ‘53

William H. Izlar, Jr. ‘60

Martin E. Simmons, Jr. ‘65

‘48

Aiken, S.C.

Atlanta, Ga.

Nashville, Tenn.

Ben F. Overton ‘84

Louisville, Ky.

November 18, 2012

December 22, 2012

February 13, 2013

Gainesville, Fla.

George G. Snarr, Jr. ‘53

John S. Papa, Jr. ‘62

James T. Schollaert ‘66

Glen M. Williams ‘48

Virginia Beach, Va.

Bristol, Conn.

Arlington, Va.

Steven D. Ashford ‘90

Jonesville, Va.

January 9, 2013

December 14, 2012

February 17, 2013

San Pedro, Calif.

M. T. Bohannon, Jr. ‘54

Murray J. Janus ‘63

Robert E. Warner ‘66

Clark M. Whittemore, Jr. ‘49

Chesapeake, Va.

Richmond, Va.

Honolulu, Hawaii

Joseph T. Doyle ‘90

Greenwich, Conn.

March 14, 2013

January 26, 2013

January 10, 2012

West Chester, Pa.

December 9, 2012

January 11, 2013

November 19, 2012

November 14, 2012

December 29, 2012

November 4, 2012

December 15, 2012

January 28, 2013

December 18, 2012

UVA LAWYER / SPRING 2013 65

LETTER TO THE EDITOR

Field of Patents

I

read with much interest your very good patent article in the most recent UVA Lawyer, and sent the professors mentioned a short history of my own exposure to the field of patents. I graduated from Virginia Law many decades ago (1972) and did not become interested in patents until relatively recently. After retiring from the FDIC in 2002, I pursued other interests and ended up earning a BS in electrical engineering from George Mason University. I thought the Patent Office might be a good place to put the JD and BSEE to work. I only lasted about six weeks in the patent examiner training program, however, before concluding that I would be on the bottom rung of an organization and system in serious need of repair. For one thing, I was destined for the field of so-called business methods patents, and it took only a brief exposure for me to say, “These things just ain’t right.”

So I moved on. But I was intrigued enough by the “everything under the sun that is made by man” approach to patentability that I started and maintain a website focused on business methods patents and more generally on the possible limits of Section 101’s four patent-eligible categories: process, machine, manufacture, or composition of matter.

On the website, www.patentsbyfrip.com, I summarize some of the patents issued each week in the 705 classification category—where most business process patents are found—and decisions of the Patent Trial and Appeal Board (formerly the Board of Patent Appeals and Interferences) concerning Section 101 issues. In view of my FDIC and financial consulting background, my patent summaries are primarily of patents in the financial area.

David S. Holland, ’72 Alexandria, VA [Editor’s Note—see In Print for information about Mr. Holland’s book, How the Information Age and the Computer Have Undermined Capitalism, and Socialism Too.]

66 UVA LAWYER / SPRING 2013

IN PRINT

NON FICTION Creating Money: How the Information Age and the Computer Have Undermined Capitalism, and Socialism Too David S. Holland ’72 CreateSpace

The rocky state of the world’s economies in 2007–08 has been blamed on several things: mortgages granted to unqualified buyers, the use of new financial instruments and strategies understood by few, and financial insurance products with odd names like “credit default swap.”

In this book, David Holland argues that the main cause of the financial crisis (from which we have not yet fully recovered) has been much more basic: the “financialization” of the economy through the use of computer technology.

In the Industrial Age, economic systems were based on money as a scarce commodity, but now, in the Information Age, money can be created in an instant in the form of intangible assets and different kinds of debt, all with the aid of ever faster computers. The world’s political and economic systems are still having serious trouble adjusting.

David Holland was formerly a policy and financial analyst with the Federal Deposit Insurance Corporation.

Of Thee I Zing: America’s Cultural Decline from Muffin Tops to Body Shots Laura Ingraham ’91 with Raymond Arroyd Threshold Editions/Simon & Schuster

Walk through an American shopping mall, and chances are you will witness an array of sights that indicate the downward slide of American culture: an overweight 50-year-old in tight pants and a tube top, a teenage boy wearing jeans three sizes too large, couples at restaurants talking on their cellphones to people who are somewhere else. Laura Ingraham takes it all in and warns us that the debt crisis and international instability aren’t all we have to worry about; our own culture is in trouble with a capital T. Ingraham’s sharp-witted and humorous commentary takes aim at a culture in which Facebook and text have become verbs, and reading books is an unusual pastime; unusual baby names are going beyond creative into the realm of the peculiar; and weddings last longer than some marriages. The list of possible examples seems endless. Odds are no matter where you live you could add new entries while going about your day. It’s high time, she warns, for America to begin its cultural recovery.

Laura Ingraham is conservative political commentator and radio host and former litigator. This is her fifth book.

Religious Freedom: Jefferson’s Legacy, America’s Creed John Ragosta ’84 University of Virginia Press

In Religious Freedom: Jefferson’s Legacy, America’s Creed, historian and lawyer John Ragosta gives readers a new perspective on Thomas Jefferson, the First Amendment, and the idea of religious liberty in the United States. Jefferson believed that free thought and political freedom would be at risk if the government did not stay out of church and church out of government. Until Supreme Court Justice William Rehnquist challenged reliance on Jefferson’s ideas, there had been near consensus on this issue in the Supreme Court. In recent times others have spoken out in favor of more government involvement with religion.

Ragosta explains how and why the First Amendment was adopted, and shows that though Jefferson advocated a clear separation of church and state, he never sought completely secular public life for the nation. The author delivers a strong defense of Jefferson’s advocacy for strict separation of church and state and takes a close look at Jefferson’s own religious ideas, revealing how the man’s own religious beliefs were at the heart of his views on religious freedom.

Religious Freedom: Jefferson’s Legacy,

UVA LAWYER / SPRING 2013 67

IN PRINT …

America’s Creed examines a key idea in American history in a way that helps us better understand current debate regarding church and state in the United States.

John Ragosta is currently a visiting assistant professor of history at Hamilton College in upstate New York.

Texas Insurance Coverage Litigation: The Litigator’s Practice Guide Amy Elizabeth Stewart ’92 Texas Lawyer Books

Texas Insurance Coverage Litigation: The Litigator’s Practice Guide is a desk reference for Texas litigators who handle an occasional insurance coverage lawsuit or confront occasional insurance questions in the context of their litigation practice.

With a focus on third-party liability policies and related litigation, this book includes legal analysis, practical tips, and annotations specific to Texas and Fifth Circuit practice. It mainly deals with representation of policyholders, due to the fact that the insurance industry tends to use coverage counsel for litigation of coverage disputes.

Readers will find clear explanations of a range of crucial topics, including how to navigate an insurance policy, nuts and bolts of commercial general liability, professional liability errors and omissions, cyber and privacy liability, and issues involving jury selection, as well as legal analysis, practical tips, and useful forms.

Amy Stewart’s law firm, located in Dallas, represents corporations in disputes with their insurance companies.

68 UVA LAWYER / SPRING 2013

Worse Than the Devil: Anarchists, Clarence Darrow, and Justice in a Time of Terror.

Dean A. Strang ’85 University of Wisconsin Press

In 1917 a bomb exploded in a Milwaukee police station, killing nine officers and a civilian.

Though the responsible party was never found, the police, the press, and the public rushed to the conclusion that the criminals were Italian. Soon, 11 alleged Italian anarchists went to trial on unrelated charges.

With a backdrop of World War I and growing fear and hatred of radical immigrants, an unfair trial ensued. The Italians were convicted, even though they had not been charged with that particular crime. Clarence Darrow managed to lead an appeal that gained freedom for most of those convicted, though his methods in doing so were found to be suspect.

Meticulously researched, Worse Than the Devil points out weaknesses in our legal system that continue today as courts administer criminal justice to both newcomers and outsiders.

The conflict and debate involving issues of civil liberty, immigration, radicalism, and terrorism are just as urgent in the American legal system today.

Dean Strang is a criminal defense lawyer and adjunct professor at the law schools of the University of Wisconsin and Marquette University.

Ike’s Bluff: President Eisenhower’s Secret Battle to Save the World Evan Thomas ’77 Little, Brown and Company

The 1950s are often thought of as a prosperous but boring decade, and the president associated with that time as a quiet, dull man who stood watch over a peaceful time. But as Evan Thomas reveals in Ike’s Bluff, Eisenhower was a genius at manipulating key figures to achieve his aims, calculating his strategy like the brilliant bridge and poker player he was.

He was canny and confident and could be ruthless, yet he possessed the moral courage to be a model peacekeeper.

Finding himself in a position to annihilate the enemy with nuclear weapons during the dangerous early days of the Cold War, he used them to bluff instead, despite the warnings from his generals that first strike was the only path to survival. It was a high-risk maneuver, but it worked brilliantly.

The author used diaries, including one kept by Eisenhower’s physician, and newly declassified papers to delve into Eisenhower’s life and give a new perspective on the subject. “The balance that Thomas achieves between Eisenhower the public servant and Eisenhower the man is, in my opinion, as close to the mark as we are likely to see,” writes Eisenhower’s son, John. “An astute, thoroughly engaging portrayal,” notes Kirkus Reviews. Ike’s Bluff is an insightful study of one of the world’s most underrated leaders.

Evan Thomas teaches writing and journalism at Princeton and is a frequent commentator on TV and radio. He was editor-at-large of Newsweek until 2010.

IN PRINT …

FICTION Day of Doom David Baldacci ’86 Scholastic

This sixth and final book in the popular children’s series, The 39 Clues: Cahills vs. Vespers, begins with the kidnapping of seven members of the Cahill family. A shady organization known as the Vespers demands a list of ransoms from around the world, and thirteen-year-old Dan Cahill and his sister, Amy, set out on a global treasure hunt to meet the demands and keep their family safe.

As they deliver the last ransom, hoping that their family will be released, the two realize that all their labor has only led them to a final, deadly turn. They have become pawns in a plot to harm millions of innocent people, as the Vespers stop at nothing in their attempt to take over the world. Dan, Amy, and their friends scramble to stop Vesper One in the nick of time.

David Baldacci and his wife, Michelle, founded the Wish You Well Foundation, which works to promote literacy.

Leaving Tuscaloosa Walter Bennett ’72, LL.M. ’86 Fuze Publishing

Set against a tense, sweltering Alabama backdrop in 1962, the year before Bull Connor turned Birmingham’s fire hoses on civil rights protesters and the Ku Klux Klan bombed the 16th Street Baptist Church, this story follows the paths of Richeboux Branscomb, a white teenager, and Acee

Waites, a black cook in a popular burger joint in Tuscaloosa. One night, after leaving the grill, Richeboux and his friends ride through a black neighborhood. As they approach a leader of the black community on a dark road, one of the boys takes aim and hits the man with a raw egg.

Instead of just taking it, the man runs after them, his face twisted in both anger and fear. In that moment, a thoughtless prank spirals into a compelling tale of black and white.

Through the events that follow, Richeboux and Acee to get to know each other as people, despite the fact that they came from different worlds.

Bennett’s sharply etched fiction was inspired by his experiences growing up in the South. The novel, his first, was a 2010 finalist for the Bellwether Prize (now the PEN/Bellwether Prize for Socially Engaged Fiction). “Walter Bennett has a real gift for capturing time and place, and an absolute genius for creating his larger-than-life yet totally believable characters,” writes noted Southern writer Lee Smith. “Leaving Tuscaloosa is deeply moving, disturbing, haunting, and important.”

Walter Bennett is a former lawyer, judge, and law professor living in Chapel Hill, N.C. He is a native of Tuscaloosa.

The Locusts of Padgett County Bert Goolsby LL.M. ’92 Alondra Press

Tobias Erscan, a black tenant farmer in the Deep South in the early 1900s, touches the shoulder of Lily Cato, a white music teacher and choir director, and unwittingly sets off a firestorm of reaction. He is accused of “assault with intent to ravish.”

Citizens of the town demand “justice” and seek the death penalty, their racial prejudice stoked by the local newspaper and the Ku Klux Klan.

Andrew Beauchamp, the criminal prosecutor for the case, sets about to prosecute Erscan for a capital crime. Though he feels some ambivalence about whether Erscan deserves the death penalty, he is more concerned with his reputation in the town and his chances in the coming elections, and so he refuses to plea bargain the charge to a lesser crime. He thought this would be the easier way out—at least for him—but he didn’t anticipate that his self-serving choice would lead to awful consequences for both Erscan and himself.

The powerful story told in The Locusts of Padgett County was drawn from a legendary court case from 1909.

Bert Goolsby is a former Chief Deputy Attorney General of South Carolina and criminal prosecutor.

UVA LAWYER / SPRING 2013 69

OPINION

Save the World with Collaborative Leadership

By Jeff Walker, McIntire ’77

They’re discovering that “large-scale social change comes from better cross-sector coordination rather than from the isolated intervention of individual organizations.” In other words, collaboration may ant to save the world? One way to do it is to be the key to making the world a better place. learn how to collaborate.

Even more important, successful collaboration Last June, the president of the University of isn’t just a happy accident. It’s the result of speVirginia, Terry Sullivan, was fired. It was a big cific factors that can be recognized and duplicated. mistake—a decision made in haste by some trustees They include: who failed to think through the consequences of 1. Agreement on a simple, measureable their action. Many of us who love UVA were apgoal that everyone can understand and rally palled. We could have just stood by, complaining to around. The global malaria initiative, for example, one another. Instead, we took action. Thousands of rallied supporters around the goal of “cutting deaths students, alumni, faculty, administration, and staff from malaria through the use of insecticide-treated stood up together and sent a single, clear message: With today’s bed nets.” By contrast, some of those concerned “Bring her back!” desperate need for about global warming have succeeded only in scarTen days later, Dr. Sullivan was returned to new models for ing millions of people without providing them with office. Today UVA is healthier than ever before, with clear, actionable steps to take. an unprecedented array of constituents working higher education, 2. Leadership from an honest broker. In together to mold a new and even more vibrant collaboration among the malaria case, it was Ray Chambers, a trusted institution. That’s the power of collaboration. faculty, alumni, individual known and respected throughout the For decades, well-meaning people and orgaworld health community. The role of honest broker nizations struggled to solve the problem of malaria administration, requires someone with a managed ego, good listenin Africa, which killed more than a million people boards, staff, ing skills, passion for the cause, a large network, a year, half of them children under the age of five. and a history of collaborative successes. Business Hundreds of millions of dollars were spent without community, leaders in search of a second career are often great much to show for it. Then a group led by several key and students is candidates, while politicians, academics, and physiparties, including Ray Chambers, the UN Secretary more critical. cians rarely qualify.

General’s Malaria Envoy, pulled together a coalition 3. Commitment from a small number of key of businesses, local governments, multi-lateral ororganizations. Other organizations will fall in line ganizations, universities, UN agencies, foundations, once the coalition has five or six credible participants. non-profits, and individuals to lead the effort. Now malaria deaths in 4. A small group of individuals who provide the “collaborative sub-Saharan Africa have fallen from 1.2 million a year to approximately glue” of continual communication. For malaria, a small office team 550,000, with the goal of zero deaths by 2015 realistically within reach. was established to track the collaboration’s goals, flag problems, and Collaboration made it happen. focus senior-level attention where necessary.

Are these success stories one-offs, unique and impossible to dupliWhere can you find such people? During my tenure as an executive cate? Not necessarily. Today the art of collaboration is being studied by a in residence at the Harvard Business School (HBS), I got to know many number of universities as well advisors such as the consulting firm FSG.

[editor’s note—this article first appeared in the Huffington Post in March]

W

UVA LAWYER / SPRING 2013 71

OPINION …

MBAs who want to work on the big issues of the day, from education and health care to global warming and human trafficking. I also met numerous alumni building second careers in which their goal is to help the world. These two groups, at opposite ends of their careers, are natural collaborators, and schools like HBS offer a perfect venue for them to find one another and support projects.

5. A measurement and evaluation system to keep the project on track. The African Leaders Malaria Alliance publishes a progresstracking chart that 42 African leaders and their health ministers review every four months.

Some of the world-changing collaborative efforts already under way include the SUN movement to improve nutrition in 33 countries operating in 33 states to support children from cradle to career; the MDG Health Alliance, working to reduce child deaths by half and maternal deaths by two-thirds; and the Oceans Legacy Project, setting up protected fisheries to provide environmentally sustainable food resources. Each of these partnerships is a multi-stakeholder collaboration attacking issues that no one group can solve alone.

The opportunities for collaborative problem-solving in today’s world are almost unlimited. Here are some that are crying out for attention: • University Governance. With today’s desperate need for new models for higher education, collaboration among faculty, alumni, administration, boards, staff, community, and students is more critical. Yet some university boards are clinging to old, for-profit and chairman/CEO-driven governance models that don’t work well in multi-stakeholder environments. Could an “Office of Collaboration” led by an honest broker help ensure that collaborative opportunities in the schools are maximized?

• U.S. and Local Governments. Politicians and civil servants can’t solve our biggest challenges on their own. Who are the honest brokers that can pull together key multi-stakeholder collaborations to tackle problems like energy, health care, and education? How do we apply these strategies to the village, towns and cities of the world?

• The United Nations’ New Millennium Development Goals.

With the current goals set to be accomplished by the end of 2015, the

72 UVA LAWYER / SPRING 2013

UN and the Brookings Institute are now working to set new goals for post-2015 implementation. While the current debate is what these new goals should be, shouldn’t there also be a discussion about successful models that can be used to achieve them? The malaria effort offers an example from which we can learn.

• Creative Investment in Social Enterprises. I’m involved in New Profit, an organization launched by 40 families to connect donor knowledge and networks with New Profit’s active management experience. It enhances the odds of success of nonprofits as shown by its involvement in Teach for America, the KIPP Schools, Year Up and many others. How can this collaborative model be used to attract even more resources to the social enterprises that are tackling some of today’s biggest challenges?

We still have a lot to learn about how to create long-lasting, cross-cutting, highly effective collaborations. New models are being devised and tested every day. But there’s no doubt that collaboration will be key to the future survival and success of humankind. Today would be a great day for you to join us all.

Jeff Walker, walkerjc1@gmail.com, is an active philanthropist who brings his collaboration, venture capital, and management skills to the social enterprise space. He is particularly focused on global health; scaling social enterprises; mind development; bringing music to kids; education and creativity. He has co-authored a book called The Generosity Network that is being published in September. He is on numerous non-profit boards and has been on numerous for-profit boards, was exec in residence at the Harvard Business School (HBS) focused on social enterprise and was a lecturer at the Harvard Kennedy School.

For 25 years he was CEO and co-founder of JPMorgan Partners, JPMorgan Chase’s $12 billion global private equity group; vice chairman of JPMorgan Chase; and chairman of the JPMorgan Chase Foundation.

He holds an MBA from the Harvard Business School and a BS from the University of Virginia’s McIntire School of Commerce.

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