W&L Law - Summer 2011 by Washington and Lee School of Law

g t n in ti Pr ra n eb s I el r C ea Y

n and Lee School of Law Ma shingto gazin a W e The S u m m e r 2 011

Ed Walker ’96L Developing Downtown Roanoke

Graduation & Reunion John Kristensen ’02L vs. Toyota From Lexington to Liberia

2 In Brief

3 Dean’s Column Challenging Times

De jure

By the numbers

4 Discovery

Graduation, arguments before the 4th Circuit Court of Appeals, dress for success and faculty accomplishments.

Run for the Law: students, faculty and staff participated in the annual PILSA fundraiser. (photo by Patrick Hinley ’73)

ton and Lee The Washing

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Magazine

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10th Anniversary, Part II The Law Alumni Magazine celebrates a decade in print.

20 Class Notes Reunion, alumni news and profiles.

Driven I A simple 12

Downtown I Ed Walker ’96L

Kristensen ’02L became a mas-

—> Melissa Powell ’11

automobile lawsuit for John

sive product liability case against Toyota. —> Jacob Geiger ’10

has a vision for downtown Roanoke.

Cover photo of Ed Walker ’96L by Brett Lemon

In Brief

by the

Numbers

3,964 10 28 21 Competition was stiff for the next class of 1Ls. The school received 3,964 applications—that’s 30 per available seat—for the Class of 2014, the third highest in the history of the School.

Apply Now.edu visit law.wlu

Number of clinics, externships and practicum classes available this fall in the third-year curriculum, including practice-based courses on appellate advocacy, banking law, cross-border transactions, environmental law, patent litigation and trial advocacy.

Following graduation, 21 students accepted clerkships with judges. W&L ranks 24th among law schools in the percentage of students who go on to a federal judicial clerkship.

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Volume 11 No. 2 Summer 2011

Louise Uffelman ED ITO R

Jennifer Utterback CL A S S N OTE S ED ITO R

Patrick Hinely ’73, Kevin Remington U N I VER S IT Y PH OTO G R APH ER S

Donelle DeWitt, Laurie Lipscomb, Denise Watts, Mary Woodson G R APH I C D E S I G N ER S

Bart Morris, Morris Design ART D I R EC TO R

➤➤➤

Over the summer, 10 law students are serving as Transnational Law Institute summer interns, including placements with the International Criminal Tribunal in The Hague, the United Nations Office of Drugs and Crime in Vienna, Austria, and International Bridges to Justice in Cambodia.

Published by Washington and Lee University, Lexington, Va. 24450. All communications and POD Forms 3579 should be sent to Washington and Lee, Law Alumni Magazine, 7 Courthouse Square, Lexington Va. 24450-2519. Periodicals postage paid at Norfolk, Va.

University Advancement Jeffery G. Hanna EXECUTIVE DIRECTOR OF COMMUNICATIONS AND PUBLIC AFFAIRS

Elizabeth Outland Branner DIRECTOR OF LAW SCHOOL ADVANCEMENT

Peter Jetton DIRECTOR OF COMMUNICATIONS FOR THE SCHOOL OF LAW

Julie A. Campbell ASSOCIATE DIRECTOR OF COMMUNICATIONS AND PUBLIC AFFAIRS

L AW AL U M N I A S S O CIATI O N

James J. Ferguson Jr. ’88L President (Dallas)

T. Hal Clarke Jr. ’73, ’76L Vice President (Charlotte, N.C.)

Stacy Gould Van Goor ’95L Immediate Past President (San Diego)

Darlene Moore Executive Secretary (Lexington)

WASHINGTON AND LEE UNIVERSITY

SCHOOL OF LAW Lexington, Virginia

L AW CO U N CI L E M ER ITI Peter Baumgaertner ’83, ’86L (New York City) J. I. Vance Berry Jr. ’79L (Jacksonville, Fla.) Walter J. Borda ’67, ’71L (Novi, Mich.) Matthew J. Calvert ’75, ’79L (Atlanta) Albert V. Carr Jr. ’71L (Lexington) Michael Cohen ’90L (Washington) Thomas E. Evans ’91L (Bentonville, Ariz.) Thomas J. Gearen ’82L (Kalamazoo, Ill.) Shawn George ’81L (Charleston, W.Va.) Diana L. Grimes ’07L (Des Moines, Iowa) Thomas B. Henson ’80L (Charlotte, N.C.) The Hon. Mary Miller Johnston ’84L (Wilmington, Del.) Nicholas J. Kaiser ’83L (New York City) Chong J. Kim ’92L (Atlanta) A. Carter Magee Jr. ’79L (Roanoke) The Hon. Everett A. Martin Jr. ’74, ’77L (Norfolk, Va.) Andrew J. Olmen ’96, ’01L (Arlington, Va.) Richard Smith ’98L (Washington) W. Hildebrandt Surgner, Jr. ’87, ’94L (Richmond) Andrea K. Wahlquist ’95L (New York City)

Write By Mail:

Now!

Elizabeth Outland Branner Director of Law School Advancement Sydney Lewis Hall Washington and Lee University School of Law Lexington, VA 24450

By E-Mail:

brannere@wlu.edu

By Phone:

(540) 458-8191 All letters should be signed and include the author’s name, address and daytime phone number. Letters selected for publication may be edited for length, content and style. Signed articles reflect the views of their authors and not necessarily those of the editors or the University.

Challenging Times

Only a few years ago, to have a law dean say, “This is an exciting and challenging time in legal education,” would have been an unsurprising and overstated opening for a report to alumni. Not anymore. This thought is expressed with increasing frequency, and more importantly, accuracy, around the country. In my 35 years in legal education, there has never been a time when more attention and energy has been focused on the state of legal education and its relationship to the profession and society. This is generally a positive development. But predictably, for some law schools, it brings new and often unflattering media attention uncomfortably close to home. Among some of the more prominent issues receiving increased attention are the cost and financing of legal education, the impact of the economic downturn on opportunities for employment in the profession, and changes in the profession itself. These issues are important ones for us at W&L. But they are not ones we shy away from, and, in fact, they have given us the opportunity to further distinguish our approach to legal education, particularly in the way we interact with our students and prospective students. An unavoidable truth is that the cost of legal education is high. While we commit substantial resources to student financial aid and strive to provide even more, many of our students still finance a significant part of their educational costs through borrowing. These students particularly, but Mark Grunewald, Interim Dean as a practical matter all students, rightly want to understand more about the value proposition of obtaining a law degree. Our approach to this question, as you would expect of us, has been open and honest. This year we made available a 17-page document summarizing, in far greater detail than we are required to under ABA standards, our graduates’ employment experience over the past five years. At a time when many law schools were being criticized for failure to make meaningful disclosures along these lines, we received explicit and positive media attention for our action. We have continued to develop and expand this information to ensure that it reflects the current employment conditions that our students face. Our efforts, of course, are not limited to providing students information about market conditions. The heart of our work to assist students in obtaining employment occurs through our dedicated Career Services staff and among the faculty. Our goal is to not only identify and bring to our students’ attention specific employment opportunities, but also, through extensive programming and individual counseling, to help students better understand their interests and the range and variety of work available in the profession. None of what we do, however, is more important than what we deliver in the educational program itself and in the learning community that is the hallmark of W&L Law. Our third-year curriculum continues to be recognized as one of the boldest and most innovative reforms in legal education, and the quality and distinctiveness of our overall three-year program attracts growing attention. Our students develop professional relationships with their teachers and peers that are deep and long lasting and that are grounded in values that transcend the formalities of professional education. Certainly, the faculty and staff here take great pride in being part of the development of W&L lawyers in a time when legal education is under the spotlight, but we understand that nothing we do for our students would be possible without the loyalty of our alumni. Whether it is financial support to help reduce student debt burden or one-on-one advice and assistance to a student, our alumni make it work and are always included in our boast.

Summer

Dean’s Message

L AW CO U N CI L Eric A. Anderson ’82L (New York City) Blas P. Arroyo ’81L (Charlotte, N.C.) Stacy D. Blank ’88L (Tampa, Fla.) J. Alexander Boone ’95L (Roanoke) Katherine Tritschler Boone ’06L (Atlanta) Benjamin C. Brown ’94, ’03L (Washington) John A. Cocklereece Jr. ’76, ’79L (Winston-Salem, N.C.) David K. Friedfeld ’83L (Hauppauge, N.Y.) Betsy Callicott Goodell ’80L (Bronxville, N.Y.) Rakesh Gopalan ’06L (Charlotte, N.C.) Fred K. Granade ’75L (Bay Minette, Ala.) M. Peebles Harrison ’92L (Nags Head, N.C.) Christina E. Hassan ’98L (Washington) Nathan V. Hendricks ’66, ’69L (Atlanta) A. John Huss ’65L (St. Paul, Minn.) Wyndall Ivey ’99L (Birmingham, Ala.) Bruce H. Jackson ’65, ’68L (San Francisco) W. Henry Jernigan Jr. ’72, ’75L (Charleston, W.Va.) Lauren Troxclair Lebioda ’06L (New York City) Susan Appel McMillan ’89L (Boise, Idaho) Thomas L. Sansonetti ’76L (Denver) Lesley Brown Schless ’80L (Greenwich, Conn.) James S. Seevers ’97L (Richmond) William M. Toles ’92, ’95L (Dallas)

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Discovery

Graduation 2011

he School of Law celebrated its 156th commencement on May 7. During the ceremony, the University awarded 126 juris doctor degrees along with one master of laws degree. The Class of 2011 distinguished itself with its pro bono service to the law and the community. The class completed 8,255 hours of service during this academic year, and 35 students were recognized for completing 100 hours or more of service. Earlier this year, law graduate Dan Goldman received the statewide Oliver White Hill Pro Bono Service Award from the Virginia State

Bar, which recognized Goldman’s commitment to public service across all three years of law school. Nina Totenberg (right), legal affairs correspondent for National Public Radio, who has covered the U.S. Supreme Court for the past 35 years, delivered the commencement address. She urged the graduates to find diverse lives by focusing on more than billable hours. “I want you think about the long haul—what you can do, what you can

be and what matters most,” said Totenberg. “It’s not a revelation that the law has become more of a business than a profession. So if you’re looking for models, may I suggest that you look at some of the legal lions from a bygone era.” One of those “legal lions” Totenberg singled out was the late Supreme Court Justice Lewis F. Powell ’29, ’31L. “Lewis Powell and many other men of his generation—and they were men at that point—were lawyers who had courage, conviction and commitment,” she said. “They were willing to take risks for what they believe in. Yes, they did have money and prestige, but they were willing to put both on the line.” Totenberg said that she had begun to give up on the modern legal profession until recently, when several major law firms agreed to defend the accused terrorists being held at Guantanamo. Those firms and lawyers showed a willingness to defend unpopular causes, she said, in cases that were not without risk to them. She also referenced former Bush Administration Solicitor General Paul Clement, who for similar reasons gave up his high-paying job with King and Spalding to continue to represent House Republicans in their defense of the Defense of Marriage Act.

Awards John W. Davis Prize for Law highest cumulative grade point average Micah Prieb Stoltzfus Jost Academic Progress Award most satisfactory scholastic progress in the final year Christina Oksana Hud Virginia Trial Lawyers Association Award effective trial advocacy Lauren Brooke Tallent Roy L. Steinheimer Jr. Commercial Law Award excellence in commercial law Aaron Robert Sims Frederic L. Kirgis Jr. International Law Award excellence in international law Brandon Hasbrouck National Association of Women Lawyers Award outstanding woman law student Gail Marie Deady 4

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Charles V. Laughlin Award outstanding contributions to the moot court program David Donald Mackenzie Randall P. Bezanson Award outstanding contributions to diversity in the life of the Law School community Alexandrea Dominique Anderson-Tuttle Virginia Bar Family Law Section Award excellence in the area of family law Gail Marie Deady and Lethia C. Hammond American Bankruptcy Institute Medal excellence in the study of bankruptcy law Aaron Robert Sims Barry Sullivan Constitutional Law Award excellence in constitutional law Micah Prieb Stoltzfus Jost James W. H. Stewart Tax Law Award excellence in tax law Meghan Elizabeth Monaghan

Thomas Carl Damewood Evidence Award excellence in the area of evidence Katherine Ann Brings and James Robertson Clarke A. H. McLeod-Ross Malone Advocacy Award distinction in oral advocacy Jessica A. Guzik Student Bar Association President Award services as the president of the Student Bar Association Christine Leanella Montrois Calhoun Bond University Service Award significant contributions to the University community William B. Larson and Katharine Crawford Lester

Sidney S. Evans Named Vice President for Student Affairs Sidney Springfield Evans,

associate dean for law student services, was appointed vice president of student affairs and dean of students. Evans will play a role in the Law School’s admissions, career services and student affairs operations during the transition to her new position. As vice president, Evans will have responsibility for all areas of undergraduate student life, including residence life; health and wellness services;

multicultural affairs; student activities; the first-year program; residential life; Greek life; public safety; and auxiliary services, which includes dining services, mail services and copying services. Evans joined W&L in 2000 as director of Law School admissions and was named associate dean for law student services in 2002. A native of Memphis, Tenn., she received her B.A. from Vanderbilt University and her J.D. from the University of Memphis School of Law. She practiced law with Wildman, Harrold, Allen, Dixon & McDonnell and Wolff Ardis P.C. in Memphis. She was assistant dean for student affairs and budget and later assistant dean for admissions at the University of Memphis School of Law.

Discovery

N o t e w o r t h y

New Law Council Members

Fred Granade ’75L

Lauren Troxclair Lebioda ’06L Bruce Jackson ’65, ’68L

Fred Granade ’75L practices law with Stone, Granade &

Crosby in Bay Minette, Ala., and became a member of that law firm after clerking for an appellate court. He is a fellow of the American Bar Foundation and a fellow of the Alabama Bar Foundation and serves on the boards of civic, charitable and business organizations in the Mobile Bay area. He contributes his services to the State Bar Volunteer Lawyers Program. Bruce Jackson ’65, ’68L is head of the litigation department in the San Francisco/Palo Alto offices of Baker & McKenzie L.L.P. He specializes in international litigation and arbitration. Jackson served as a trial lawyer in the U.S. Navy, JAGC, before joining Baker & McKenzie in its Washington office. Lauren Troxclair Lebioda ’06L is an associate in Goodwin Procter’s business law department and a member of the real estate, REITs and real estate capital markets group. She represents a wide range of clients in connection with the formation, capitalization and implementation of private investment vehicles, partnerships, joint ventures and other transaction structures, as well as the purchase, sale and financing of real estate assets. Lebioda joined Goodwin Procter in 2006. At W&L, she was a Burks Scholar, a staff writer for the W&L Law Review and a head honor advocate. Sue Appel McMillan ’89L is vice president, assistant general counsel, of Albertson’s L.L.C. in Boise, Idaho, where

Tom Sansonetti ’76L Sue Appel McMillan ’89L

Jim Seevers ’97L

she is responsible for real estate-related matters and acquisitions and divestitures. She joined Albertson’s Inc. in 1994 and has been with Albertson’s L.L.C. since 2006. She was previously in private practice in Huntsville, Ala. Tom Sansonetti ’76L leads Holland & Hart’s energy, environment and natural resources practice group. He served as the assistant attorney general for the Environment and Natural Resources Division of the Department of Justice and as the administrative assistant and legislative director for Wyoming Congressman Craig Thomas, and was appointed associate solicitor for Energy and Resources. He also served as Wyoming’s Republican National Committeeman, as general counsel for the Republican National Committee and as chairman of the Republican Party in Wyoming. Jim Seevers ’97L is a partner at the Richmond office of Hunton & Williams L.L.P. and is head of the firm’s private equity practice group. He handles a wide variety of complex corporate and securities transactions with a particular emphasis on private equity, private fund formations, investment joint ventures and related matters. He is a regular speaker and author on these topics, and has been a guest lecturer at W&L. He was editor in chief of the W&L Law Review and is a member of the Order of the Coif.

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Discovery

Marine Veteran Joins Law School on Yellow Ribbon Program

fter 20 years in the Marine Corps, Staff Sergeant Curtis Wilson, 38, finds himself in a very different environment. Thanks to the Yellow Ribbon Program, he is pursuing a law degree and a career in public interest law. “It’s a godsend. It really is,” he said. “My education is pretty much paid for with the post-9/11 GI Bill and what W&L offers.” The program was included in the new GI Bill at the insistence of former Sen. John W. Warner ’49. When he looked at W&L, he discovered appealing details: small classes, engaged faculty and, most importantly, the honor system. “The honor system was a major reason I came to W&L,” he said. With the Marines, Wilson said, “It breaks down into honor, courage and commitment. Honor yourself, your family and your corps. Have the courage to do what’s right at all times. Be committed to whatever you put

Over the summer, Curtis Wilson ’13L will work at the Youth Courts in Chester, Pa. your mind to. That’s kind of the same values as at W&L. “Also, although W&L is obviously a lot smaller, it has the same camaraderie and cohesiveness I loved in the Marines, where everybody is helping you to succeed. I always describe the

Marines as like having 100,000 brothers and sisters, with a couple of crazy uncles thrown in, and a mom and dad looking over your shoulder.” Wilson enlisted in the Marines to gain some training, see the world and complete his college education. “Then I thought I’d go on to do other things,” he said. “I didn’t realize I’d love it so much. It opened my eyes to how the world really is and how different cultures see things. Even in the roughest, scariest moments, I didn’t ever regret being in the military.” He spent his first six years in the artillery, including tours in Desert Storm and in Somalia, but then reenlisted and spent the next 16 years as a paralegal in the judge advocate’s office. “The attorneys there convinced me that it was the perfect time to try and pursue things I wanted to pursue and that I should move from artillery to law. So I did.”

Who’s the Dean Now? W&L announced that Sabina Thaler ’11L has been named dean of the University’s law school. Thaler, who served as editor in chief of the School’s Journal of Civil Rights and Social Justice, began her one-day appointment on April 1. Thaler’s unexpected rise from the student ranks to the helm of the School was the result of her outbidding her fellow students during the School’s annual charity auction, organized by Phi Alpha Delta. The auction raised more than $12,000 for several organizations, including Rockbridge Area Hospice and Fine Arts in Rockbridge. For her winning bid, Thaler received a parking spot in the faculty lot, use of the dean’s conference room and a power lunch with the University provost. Always one to push the en 6

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Sabina Thaler ’11L is right at home in the dean’s chair. velope, Thaler issued many edicts during her short tenure, including raises for certain staff and faculty and voicing hearty enthusiasm for a W&L dog-lending program similar to the one offered at Yale. Perhaps the most important edict was the

proclamation that only 3L law students could park in the lower parking lot. “3Ls are the most active leaders within the Law School community and deserve the respect and ease of access provided by the lower parking lot,” explained Thaler.

Discovery

May It Please the Court

n March 25, the U.S. Court of Appeals for the 4th Circuit heard a day of oral arguments at the Law School’s Millhiser Moot Court Room. Among the cases on the docket was Sewell Coal v. Dempsey, a federal black lung benefits case from the School’s Black Lung Legal Clinic. In Dempsey, Sewell Coal Company is appealing the award of benefits to William O. Dempsey, a mine worker for 26 years, on the grounds that his application for benefits was not filed within the required three years of learning that his disability was due to black lung disease. The company is also arguing, among other issues, that the administrative law judge erred in finding that Dempsey’s pulmonary impairment was in fact due to coal worker’s pneumoconiosis. John Eller ’11L argued the case. In addition to working in the clinic as a student attorney this year, Eller also worked there during the summer between his first and second years. The clinic has been handling Dempsey’s case since 2001, navigating a series of decisions and reversals by the Office of the

From left to right: Judges Paul V. Niemeyer, Allyson K. Duncan and G. Steven Agee from the U.S. Court of Appeals for the 4th Circuit.

John Eller ’11L and Amanda Streff ’11L argued cases before the U.S. Court of Appeals for the 4th Circuit and 3rd Circuit, respectively.

Administrative Law Judge and the DOL Benefits Review Board. In 2008, the 4th Circuit remanded the case back to the administrative law judge for reconsideration on the timeliness issue. W&L students in the Black Lung Clinic often have the opportunity to argue appellate cases. In 2009, students argued and won two cases in the 4th Circuit, and in January of this year Amanda Streff ’11L argued a case in front of the 3rd Circuit Court of Appeals in Philadelphia. The court decided the case in favor of Streff’s client in February.

Dress for Success A young teenager has persisted in school to get her education but can’t afford a dress to go to the prom. A single mother living in poverty can’t afford a nice business suit to go for the job interview that may change her life. Both these scenarios inspired Alex Anderson-Tuttle ’11L to call on female students, faculty and administrative staff across campus to clear out their closets and donate clothing and accessories to the Cinderella Project and Dress for Success, national non-profit organizations with affiliates in each state. “So many women on campus have business clothing they no

longer wear. And I’m sure almost all of W&L’s women students attended their own prom and have great dresses they could donate,” said Anderson-Tuttle, who came up with the idea in her capacity as vice president of service for the Women Law Students Organization (WLSO). Both programs fit perfectly with the service aim of WLSO to strengthen women in need. “By donating prom dresses, people will help reward teenagers who are staying in school but are in a position where they maybe can’t go to the prom. This tells them to keep going and keep trying to get their education, because it’s so important,” she said. Summer

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Faculty Accomplishments Discovery

Johanna Bond published “Culture,

Dissent and the State: The Example of Commonwealth African Marriage Law” in the Yale Human Rights and Development Law Journal. She also organized a roundtable discussion on Intersectionality Theory within the United Nations, an event that brought a panel of prominent women’s human rights experts to the Law School. She presented her work to a range of audiences, including the 2011 Feminist Legal Theory Conference at the University of Baltimore, the University of Cincinnati law faculty and the Virginia Junior Faculty Forum at the University of Richmond. Bond also presented her work at the 2011 AALS Workshop on Women Rethinking Equality.

eled to Delaware to learn about the handling of corporate law disputes in the United States. Sam Calhoun presented “Stopping Philadelphia Abortion Provider Kermit Gosnell: An Outcome That Both Pro-Choicers and Pro-Lifers Should Support” at W&L, Villanova and Notre Dame University as a presenter at the University Faculty for Life Annual Conference. Bob Danforth and his co-author, Brant Hellwig of the University of South Carolina School of Law and visiting professor next year at W&L,

Sam Calhoun

Christopher Bruner published two articles, “Managing Corporate Federalism: The Least-Bad Approach to the Shareholder Bylaw Debate” in the Delaware Journal of Corporate Law, and “Corporate Governance Reform in a Time of Crisis” in the Journal of Corporation Law. Bruner also published two shorter pieces, “The Changing Face of Money” in the Review of Banking & Financial Law, and “Good Faith in Revlon-Land” in a symposium edition of the New York Law School Law Review. He gave presentations on corporate governance in commonlaw countries at Boston College and W&L, and met with judges and other representatives from the Supreme Arbitrazh (Commercial) Court and the Ministry of Economic Development of the Russian Federation, who travW&L

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The Tax Clinic, under the direction of Michelle Drumbl, received a matching grant for the fourth straight year from the Internal Revenue Service’s Low-Income Taxpayer Clinic program. The grant helps offset a substantial portion of the clinic’s operating costs.

Josh Fairfield gave a workshop, hosted within the popular virtual world Second Life, for a class at Ari-

J.D. King Susan Franck

From Theory to Practice (both from Cambridge University Press). He was appointed to the Organizing Committee of the inaugural American Society of International Law Research Forum.

Magazine

Robin Fretwell Wilson Jim Moliterno

published Estate and Gift Taxation, a textbook in the LexisNexis Graduate Tax Series.

Mark Drumbl presented his research on the challenges of reintegrating child soldiers implicated in war crimes, the topic of his forthcoming book, at several universities in the U.S. and abroad. He is the invited speaker for the Fourth Annual Weissburg Lecture on International Human Rights at Beloit College. His recent publications include two book chapters: “Collective Responsibility and Post-Conflict Justice” in Accountability For Collective Wrongdoing and “Policy through Complementarity: The Atrocity Trial as Justice ” in The International Criminal Court and Complementarity:

zona State University on law in virtual worlds. He presented his paper “Avatar Experimentation: Human Subjects Research in Virtual Worlds” at the Regulating the Magic Circle conference at UC Irvine and the Game, Business and Law conference in Texas. He continues to speak around the country on privacy and research ethics while conducting experiments in virtual worlds.

Susan Franck gave presentations on the integrity of the World Bank’s International Centre for the Settlement of Investment Disputes in Canada and Australia and presented “Precedent and the Future of International Arbitration” at the 3rd Annual International Dispute Resolution Conference in Switzerland. She is the edi-

Lyman Johnson published “Delaware’s Non-Waivable Duties” in the Boston University Law Review; “Beyond the Inevitable and Inadequate Regulation of Bankers” in the University of St. Thomas Law Journal; and “Techniques to Teach Substance and Skill in Contract Drafting” in Transactions: The Tennessee Journal of Business Law. He gave presentations on corporate social responsibility, enduring equity in the close corporation and corporate law developments. He is a founding member of a new Association of American Law Schools section on Transactional Lawyering. He was quoted in Forbes and on Bloomberg news on insider trading claims at Berkshire Hathaway.

Timothy Jost continues to fol-

low the implementation of the nation’s health reform legislation and serves as a consumer representative to the National Association of Insurance Commissioners. He blogs about health-care reform on Health Affairs, Politico, Kaiser Health News and the New England Journal of Medicine. He has spoken at congressional briefings and at Saint Louis University, the University of Virginia, Eastern Mennonite University and W&L. He is working on a new edition to the Health Reform Supplement of his casebook and on an article on health reform for the Pennsylvania Law Review.

J. D. King’s article “Procedural Justice, Collateral Consequences, and the Adjudication of Misdemeanors in the United States” is also a chapter in The Prosecutor in Transnational Perspective (Oxford University Press). He organized and presented a panel at the Southeastern Association of Law Schools Conference titled “Through the Looking Glass: Analyzing an Ethics Lesson through Four Modes of Teaching.”

Erik Luna was elected to the

American Law Institute. In addition to several articles and a book chapter, Luna has two forthcoming books, The Prosecutor in Transnational Perspective and the third edition of The Law of Terrorism.

Russell Miller was named a non-resident fellow at the American Institute for Contemporary German Studies, a think-tank devoted to strengthening German-American ties and collaboration across an array of disciplines.

articles. His piece on libel tourism in the W&L Law Review was a top 10 download on the SSRN list for federal courts and jurisdiction. His work in this area, as well as on punitive damages in oil spill incidents, has informed current and forthcoming congressional legislation. He presented papers at the American Bar Association International Law Section meeting and at the Association of American Law Schools annual meeting.

David Millon’s presentations included “Human Rights and Delaware Corporate Law,” at the McGeorge School of Law and “Two Models of Corporate Social Responsibility,” at Wake Forest School of Law. His law review note comment, “Keeping Hope Alive,” was published in the W&L Law Review. He is a research team member for the Sustainable Companies Project at the University of Oslo, Norway.

Ben Spencer published “The Preservation Obligation: Regulating and Sanctioning Pre-Litigation Spoliation in Federal Court” in the Fordham Law Review, as well as the third Edition of his casebook, Civil Procedure: A Contemporary Approach (West). Spencer argued and won United States v. Burns before the U.S. Court of Appeals for the Fourth Circuit on behalf of the government in his capacity as a special assistant U.S. attorney, a position to which he was appointed in 2009 and holds as a pro bono public service.

Jim Moliterno published The Litigation Department Lawyer (West), and he is under contract for another experiential education text for civil procedure courses. His publications include “Rectifying Wrongful Convictions: May a Lawyer Reveal Client Confidences to Rectify the Wrongful Conviction of Another?” in the Hastings Constitutional Law Quarterly. He served as a lawyer ethics consultant in Tbilisi, Georgia, the Czech Republic and Madrid, Spain. Moliterno gave numerous presentations on W&L’s new third-year curriculum, including at the American Inns of Court Symposium on The Status of the Legal Profession and the Future of Legal Education 3 conference at New York Law School.

Brian Murchison’s article, “Anonymous Speech on the Internet,” will be a chapter in Amateur Media: Social, Cultural and Legal Perspectives (forthcoming, Routledge).

Doug Rendleman published two case books, Remedies and Complex Litigation: Injunctions, Structural Remedies and Contempt, as well as a book chapter and several

Faculty Accomplishments Discovery

tor and contributor of Investor-State Disputes: Prevention and Alternatives to Arbitration II, forthcoming this year from the United Nations Conference on Trade and Development. Her publications include articles in the Washington University Law Review and Virginia Journal of International Law.

Sally Wiant chaired the AALS Membership Team at Drexel Law School. She also completed the review and awards for the AALL Scholarship Committee for those students in law schools, admitted to library and information schools and those with library degrees who are accepted to law schools with the intent on entering the field of law librarianship.

Robin Fretwell Wilson received the 2011 Louise Halper Diversity Award from the Journal of Civil Rights and Social Justice. She published “Insubstantial Burdens: The Case for Government Employee Exemptions to Same-Sex Marriage Laws” in the Northwestern Journal of Law and Social Policy. She also testified before the Maryland Senate and House committees on proposed legislation to recognize same-sex marriage and published an oped in The Providence Journal. Additionally, she participated in the New York City Bar’s forum, “Reconciling Rights: Balancing Lesbian, Gay, Bisexual and Transgender Civil Rights with First Amendment Religious Protections,” and gave talks on religious liberty and same-sex marriage at several law schools.

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10th Anniversary Celebrating a Decade in Print, Part II W&L LAW: Washington and Lee School of Law Magazine sprang to life in the fall of 2000, with the purpose of reflecting the intellectual pursuits of faculty, highlighting the achievements of graduates, discussing issues pertinent to the Law School and reporting the news of the institution. The magazine has covered a lot of ground—here’s a look at the last five years.

Fall 2005

Fall 2006

The Black Lung Clinic celebrates 10 years of advocacy for miners. Three legendary professors retire, Ned Henemann, Rick Kirgis and Lash LaRue ’59. Professor Blake D. Morant, director of the Frances Lewis Law Center, is named the inaugural Roy L. Steinheimer Jr. Professor of Law.

C l i f f S t r i c k l i n ’9 1 ..........................

Enron Prosecutor

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Alumni in the Classroom

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A Tribute to David Partlett

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L e w i s Pow e l l ’29A, ’31 at 100

Spring 2006

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W&L celebrates the 100th birthday of Lewis Powell ’29, ’31L with two symposia. Dean David Partlett accepts a position as dean of the Law School at Emory. The magazine interviews 10 alumni who teach law. Prosecutor Cliff Stricklen ’91L makes the news serving on the Justice Department’s Enron Task Force, helping secure convictions against top Enron executives Kenneth Lay and Jeffrey Skilling.

The Law School mourns the loss of Professor Roger D. Groot. Alumni begin raising money to establish the Roger D. Groot Professorship, and the Class of 1981 directs its class gift toward renovating the Jury Room in his memory. The Law School partners with Virginia Commonwealth University to offer a J.D./M.A. in health administration. This issue focuses on the careers of five alumnae: Barbara Zoccula ’86L, president of the Memphis Bar; P.C. Cheng ’90L, the first Asian-American to start up an insurance defense firm in NYC; Elizabeth Hocker ’90L, executive director of the Mississippi Children’s Justice Center; Linda Klein ’83L, the first female president of the Georgia State Bar; and Danielle Mosley ’92L, the first African-American judge in Anne Arundel County, Md.

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Spring 2007

The School celebrates Robert E. Lee’s 200th birthday, and Gerry Lenfest ’53, ’55L establishes the Lenfest Challenge to raise money for undergraduate and law faculty. The National Jurist names W&L’s Black Lung Clinic one of the best clinical programs in the nation. The Law School unveils the Kirgis Fellows, second- and third-year law students who help 1Ls navigate through the first year. Jessica Berenyi ’08L establishes the Jewish Law Students Association. A feature story examines being Muslim in post-9/11 America, with interviews with Hammad Matin ’00L, Ahmed Younis ’04L and Tim Keefer ’98L. Stokely Caldwell ’86L represents drivers in the complex legal world of NASCAR.

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Spring 2010

Rodney Smolla becomes dean of the Law School. Three stories look at alumni involved in the arts: Patti Reed Black ’84L, a harpist with Riddle on the Harp; Mark Crosby ’87L, critically acclaimed producer of PBS’s “Respect Yourself: The Stax Records Story”; and artist Paul Ware ’86L, a partner with Bradley, Arant, Rose & White.

After an extensive review, the Law School commits to a new third-year curriculum, moving away from the classroom to an experiential approach. A new clinic serving lowincome taxpayers opens it doors. A profile follows the fascinating career of Robert Saunooke ’92L, who once represented former baseball player Jose Canseco. Mary Beth Long ’98L becomes assistant secretary of defense for international security affairs.

The Law School remembers deceased Professor Louise Halper, director of the Frances Lewis Law Center. Several stories follow alumni working to bring peace to Afghan and Iraq. Tim Kilgallon ’84L, CEO of Free & Clear, helps companies improve the health of their employees. Les Quezaire ’92L runs for office in Miami’s 109th District.

John Huss ’65L establishes the Huss Challenge for the Third-Year Program, and the School provides a blueprint for how the program will unfold. Jason Timoll ’04L, a business litigator for Snyder, Weltchek & Snyder, battles Exxon Mobil over a toxic well leak.

Professor Tim Jost tracks the health-care debate leading up to the signing of the Affordable Health Care for America Act, and alumni weigh in on what the bill would mean for businesses and health-care policies. W&L’s Transnational Law Institute partners with the Carter Center to work on legal issues in Liberia. A new clinic, the Criminal Defense Clinic, offers legal services to indigent clients.

Mark Grunewald is named interim dean of the Law School, Professor Jim Phemister retires, five alumni staff the public defenders’ office in Martinsville, Va., and Eric Chaffin ’96L takes on GlaxoSmithKline and Procter and Gamble, representing denture cream users who have suffered devastating physical problems. An in-depth story examines the transformation of the third-year curriculum.

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PHOTO BY RICHARD HARTOG

Driven BY JACOB GEIGER ’10

What started as a simple automobile rollover lawsuit for John Kristensen ’02L, of Los Angeles firm Strange and Carpenter, has become a massive product liability case against Toyota, and it has pushed the young lawyer into the spotlight. He was recently named an “associate to watch” by the Daily Journal, California’s biggest legal news outlet. Kristensen, the youngest attorney appointed to any of the plaintiffs’ committees in the country for the coordinated Toyota litigation, was also the only plaintiff’s attorney honored, and the only lawyer not working for a major firm.

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Michael “Levi” Stewart was 18 when his compact Toyota pickup lost steering control and rolled off the road near Fairfield, Idaho. He was killed in the September 2007 crash, which happened when the truck’s steering rod broke, leaving Stewart unable to control the vehicle. The case eventually reached the desk of John Kristensen ’02L, who at the time was a products liability attorney for San Francisco-based O’Reilly Collins. “A case came over my desk, a rollover in Idaho with one fatality,” he said. “I always have a habit of looking up every case to check and see if there’s been a recall. I think if you file a product liability case and don’t check, that’s malpractice.”

Kristensen discovered that Toyota had indeed recalled a range of its small pickup trucks in 2004, but only in Japan. The recall addressed problems with the steering rods, which were at risk of snapping, causing a catastrophic loss of steering control. The firm told the National Highway Transportation Safety Administration that no recall was needed in the United States. But, according to an investigation by USA Today, Toyota had been making warranty repairs to affected vehicles in the United States for years. It had also received dozens of complaints from American drivers who had suffered a catastrophic loss of steering in their trucks. The complaints stretched back to at least 2000, according to reports by the Los Angeles Times. Toyota eventually issued a recall for U.S. vehicles in 2005.

In May 2010 the NHTSA, at Kristensen’s request, opened an investigation to determine why Toyota delayed its U.S. recalls when it was rushing trucks in Japan into repair shops. The investigation led to a fine of about $16 million, the largest amount allowable under federal laws.

Kristensen grew up in North Andover, Mass., and he headed across the country to Oregon University for his undergraduate degree. After graduation, he spent a year working for the California Democratic Party, then set off for law school. He narrowed his decision to Washington and Lee and the University of Southern California. W&L, with its proximity to Washington, D.C., won, since Kristensen expected to return to politics after earning his law degree. Some of his favorite classes at W&L were Torts II with Professor Adam Scales and media law with Professor Brian Murchison. Material he studied in those classes would become especially important for Kristensen in the years to come. The 2002 recall of Firestone tires on Ford sport utility vehicles was one of these. At the time, he noted, the tire and auto companies had authorized recalls in other countries without informing U.S. authorities. That led to a new law. “Congress passed a law saying that if you do a recall overseas, you have to tell us about it, especially if there are any vehicles here of the same make and model,” he said. “Toyota’s explanation in this case is that ‘we are having problems in Japan, but there is not similar field information in the U.S.’ It just didn’t smell right that they would say it was because of driving on the wrong side of the road.” (The Japanese drive on the left side of the road). By the time he left Lexington, Kristensen had changed his

plan to enter politics. “I made a decision that you can work in politics for 15 to 20 years, and what you accomplish is you got someone elected, and their claim to fame is they were able to filibuster or keep the metric system from being implemented,” he said. “There’s just not a lot of fruit for your labor. The system is grounded towards a consensus, with so many checks and balances. I thought I could make a bigger impact through the law.” Kristensen returned to the West Coast after graduation, taking a job at Daniels, Fine, Israel, Schonbuch & Lebovits in Los Angeles. He said he wasn’t interested in joining a large, white-shoe firm. “I was able to get a lot of experience quickly. I did 100 depositions within two years and had been in court hundreds of times,” he noted. “So instead of doing document review my first couple of years, I learned how to practice law. And I think that experience now is more valuable than the higher paycheck then.” During his time with the firm, Kristensen focused on products liability work, including a few rollover cases. He found he enjoyed battling large companies on behalf of individual clients. He took that attitude to O’Reilly Collins, where he learned from Terry O’Reilly, whom Kristensen described as a “legend” among the West Coast bar. While he enjoyed his years in San Francisco, he is excited to be back in L.A. and to be bringing his products liability cases to Strange and Carpenter, which handles a high volume of class action lawsuits. His move was driven in part by the attention he has received for his work on the Toyota cases. “I like L.A., and I had a lot of opportunities presented to me in the past six months,” he said. “You’ve got to go when the time is hot.” Kristensen is happy to have reunited with a large group of friends in the city. The view from his new office of the Santa Monica Mountains and the Pacific Ocean hasn’t hurt either. Now that he’s settled in at his new firm, Kristensen expects to keep battling the large companies. “I enjoy being in a small firm and going against a bigger firm,” he explained. “I think W&L gives me an advantage over my adversaries. I think it probably helps my research and ability to dig dirt. I think the education I got from W&L and the training to put the research into palatable terms give me a massive advantage. Everyone else is kind of predictable.” His cases against Toyota have caused the company to modify its behavior, at least in some ways. “I think that it’s clear they are recalling vehicles at a greater rate now. But at the end of the day, they will not do a recall if they think it’s going to cost them more than doing nothing,” he said. “They ask, ‘What are the chances that whoever gets hurt will find a lawyer that can bring to light what happened?’ They’re going to roll the dice and look at the statistics.” Kristensen thinks his class action work has never been more necessary. “I don’t like it when a large corporation can use size and economies of scale to harm small people,” he said. “That’s not the free market; it’s banana republic cronyism. Trial lawyers hold people accountable and change the way laws work.” S u m m e r 2 0 1 1 l a w . w l u . e d u

PHOTO BY BRETT LEMON

DownTown B Y

M E L I S S A

Ed Walker ’96L applied to only one law school. Susan Palmer ’85L, who was the W&L dean of admissions at the time, asked him why he would foolishly apply to only one. Walker said, “It’s the only place I want to be.” He told her he would keep trying until they let him in—so better sooner, rather than later. This persistence and determination is what friends,

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P O W E L L ’11

family and colleagues recognize in Walker, the managing member of ReGeneration Partners L.L.C. and CityWorks L.L.C. He has invested millions in Roanoke, Va., strengthening the city of almost 100,000 through real estate development and social entrepreneurship. He has a fresh approach—he uses the profits of ReGeneration Partners to fund the projects of CityWorks.

A Roanoke native and third-generation lawyer, Walker returned to his hometown after graduation to work at Mundy, Rogers & Frith focusing on civil litigation and due diligence reviews for businesses. But not only did law practice prove to be too structured for his liking, Walker also wondered how a lawyer’s salary was going to finance his children’s education. He had loved his boarding-school experience at Alexandria’s Episcopal High School, and when his first child was born, he realized he wanted his son to have the same quality of education. Figuring equity from real estate could help, he took out a loan in 2000 to finance his purchase of a building in Grandin Village in Roanoke. The building would pay for itself in 15 years, he hoped. “I just couldn’t understand how I was going to pay these educational expenses down the line,” Walker said. “So my first thought when I bought the building wasn’t Roanoke, Va., native to change my career track, but then when I did Ed Walker ’96L (left) it, I realized it was consistent with my interests has reshaped some of and aptitudes.” the city’s most significant In 2002, he decided he wanted to “have buildings, breathing life into once-defunct an impact on at-risk neighborhoods” and neighborhoods. Cooper see differences transpire within Roanoke’s Youell ’98L (right), a communities. He also wanted to be more commercial lawyer at available to his wife, Katherine, and two Whitlow & Youell P.L.C., serves as counsel for sons, Jackson and Finn. He quit practicing all of Walker’s deals. law. “When I kept bumping into the creative limitations of law is when I started recognizing the need for more control over how I spent my time,” he explained. Though Walker says his desire to change the community is his main motivator, he also embraces the importance of the financial factor. “If I’m not fiscally responsible and successful, I would lose my ability to fund the CityWorks projects and the impact those projects have on the community,” he said. Walker’s closest colleague, Cooper Youell ’98L, agrees that Walker is much more interested in the results he provides for people. Youell, a commercial lawyer at Whitlow & Youell P.L.C. who serves as counsel for all of Walker’s deals, says his relationship with Walker is much more than the typical lawyer-client relationship. “Making money is not the bottom line for him,” Youell explained. Take the Downtown Music Lab, for example. In 1999, Walker founded the nonprofit after-school program for teenagers, especially underprivileged students, to play and record music. The idea emerged when Walker attended a wedding where the bride asked for donations to a similar institution in Charlottesville in lieu of wedding gifts. The famous musician-singer Dave Matthews was instrumental in the creation of the Charlottesville lab, and he also donated $10,000 to Walker’s version in Roanoke.

Beth Macy, a journalist for The Roanoke Times, has known Walker since he began practicing law. She said people sometimes think Walker is just a wealthy developer and don’t see the real reason why he’s doing this work. “He has this civic mission to make this a cooler city, a city that’s more equitable, a city with better housing, and not just for middle-class people but for all people,” she said.

Working With an Empty Room Walker’s approach to mixing real estate redevelopment and social entrepreneurship is complex. He describes it as figuring out ways to convert community weaknesses into community strengths. He takes a rundown building in a neighborhood and figures out how he can revitalize it so that the entire neighborhood will follow. “I want to make the city stronger from the inside out.” Using a Kirk Avenue storefront as an example, Walker starts with an empty room. “You’ve got a space. You’ve got 365 days and 365 nights and sort of an infinite number of people who have a particular passion or want to do something,” he said. That’s why he and colleagues started Kirk Avenue Music Hall. Music revitalizes a community better than almost anything, he believes. So in the first year of using an empty space on Kirk Avenue, he and his colleagues hosted 100 nights of live music with 13 Grammy winners. “That sounds like a lot, right? But what’s interesting is it’s not even a third of the available inventory of time that the empty room had,” he said. “There are 265 other nights that something interesting could be going on—not to mention that you haven’t even touched the days.” An acquaintance, Jason Garnett, who used to work at the Grandin Theatre—a historic and decaying theater that Walker helped raise funds for and reopen in 2002—has developed a community micro-theater in space shared with the music hall. “So Jason becomes available. He’s super talented and came in and started screening all types of movies, from skateboard movies to ‘Citizen Kane’ to documentaries—stuff that would never get on a commercial screen,” Walker said. Now, Shadowbox Community Microcinema screens 90 films a year, meaning the space shared with the Music Hall is used for a total of 190 nights, just past 50 percent of the available inventory of time. “The impact of both of those things on the community has been explosive,” Walker said. “Now Roanoke has an edgy movie theatre and a music venue where bands from Nashville, New York, Austin—and as far away as L.A.—think it’s one of the best rooms they play.” Shadowbox just received the prestigious Perry F. Kendig Award and Roanoker Magazine’s award for What’s Happening in Roanoke. Walker’s main point is that that anywhere can be somewhere S u m m e r 2 0 1 1 l a w . w l u . e d u

Community Capital

PHOTOS BY ERIC BR ADY/COURTE SY THE ROANOKE TIMES

Ed Walker’s first major project was the purchase and renovation of the former Colonial American Bank (top photo) into upscale condos. Walker lives with his family on the top floor. A more recent project, The Hancock Building (middle photo), a few blocks away, used to house Grand Piano & Furniture Co. The restoration revealed the building’s stunning Art Deco architecture. The space now houses 58 apartments. Walker’s renovation of the Cotton Mill (bottom photo), which offers affordable housing, transformed a neighborhood of vacant, run-down buildings and homes. “I got into real estate development not because I was interested in real estate but because I was interested in community strength and community capital,” said Walker. “It turns out that real estate is a super effective way to do that.”

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as long as people care. “This notion that Roanoke or Buena Vista or Lynchburg is nowhere is sort of a fallacy,” he said. “If you’ve got interesting people, and they’ve got a place to exercise their ideas and passions, it’s place making—where you take nothing and make it something.” He’s not so worried about the Lexingtons of the world because “higher education is the greatest place-making oxygenator there is. But for places like Roanoke that don’t have a resident fouryear university, you have to create the same effect,” he explained.

Revitalizing Downtown Walker doesn’t make any money off his social entrepreneur activities, so he knows that his construction projects have to make money. And they do. His list of projects has become so long that he even forgets to mention them all. “You can’t drive downtown without seeing his work,” Macy said. “He was totally on the forefront of renovating downtown living.” Walker has even become an example of the way of life he’s trying to create. In 2003, he paid $1.4 million for his first big investment downtown, the former Colonial American Bank headquarters. He renovated 10 floors into upscale condos that range in size from 3,000 to 4,800 square feet and in price from $350,000 to $1 million. He and his family now live on the top floor. The Hancock Building, a few blocks away, is a more recent project. He and his colleagues hoped that that the former furniture store had something great underneath its drab exterior, and when they stripped off the bricks, they uncovered its stunning Art Deco architecture. The building now houses 58 apartments. He said that after working on the Hancock building, he sees more people outside walking and riding bikes—evidence that downtown living is slowly coming back to life. “The Hancock project was huge because it’s not luxury apartments,” Macy noted. “It brought in a diversity of people who can now afford to live downtown.” Diversity is something that Walker hopes to include in most of his projects. He wants to figure out how to mix the AfricanAmerican historic district with the rest of the city. Roanoke is severely segregated, and Walker is determined to introduce more integration. One project, the Cotton Mill, was in a high-crime neighborhood, and he renovated the old mill into apartment spaces at affordable prices. Near the Cotton Mill, he is renovating a building on Day Avenue that previously received more police 911 calls than any other building in the city. He hopes that going house by house and area by area, he can improve the quality of life for all Roanoke residents. Walker also plans to work on the nearby River House, a 146,000-square-foot structure overlooking the Roanoke River

ERIC BRADY/COURTESY THE ROANOKE TIMES

“This notion that Roanoke or Buena Vista or Lynchburg is nowhere is sort of a fallacy. If you’ve got interesting people, and they’ve got a place to exercise their ideas and passions, it’s place making—where you take nothing and make it something.” that was built in the 1920s and used as a storage facility. He wants to include a restaurant, coffee shop and gardens. The 450-house historic district around the River House would then receive historic tax credits, and the value of houses would stabilize and improve. Some of his less-recognized work is his favorite. Eight years ago, Walker created Tarpley Park out of an overgrown and littered green space. Now, each week, hundreds of families visit the well-manicured lawn and children play on the equipment, which includes his son’s swing set. He noticed soon afterward that businesses nearby painted their buildings and switched their awnings to make the area around the park nicer. Right now Walker is mainly focused on finishing the historic Patrick Henry Hotel, a long-deteriorating landmark. The $24 million project will convert the old hotel into a 134-apartment complex with an upscale restaurant and commercial space. Walker is even redoing the hotel’s famous ballroom. The facility opened at the end of June. Youell clearly sees Walker’s influence. When he arrived in Roanoke in 1998, he noticed the city went to sleep after work during the week. “The vibrancy and energy downtown now has spawned additional projects, and Walker was at the helm when things started to change,” Youell said. “He’s not the only factor, but I do believe he was the most important factor.” Walker countered, “Without Coop, I don’t think any of these projects would have succeeded. The only characteristic that surpasses his legal ability is his quality as a person. Great lawyer. Great colleague. Great friend.”

“Huge, profound influence” of Law School Although he received the R. Edwin Burnette Jr. Young Lawyer of the Year Award from the Virginia State Bar Association in 2000, Walker doubts whether he would have been a great lawyer. “I was one of the very worst law students, and yet, I had an amazingly outstanding experience at law school,” he said. “I appreciate it consciously almost every day.”

He noted that as a creative person, the rigor and analysis that law school demanded forced him to learn and balanced him out. “You have a kite in the sky, but someone has to hold the string—so law school sort of provided me with that.” The “coolest thing about legal education is that you can do almost anything with it. Legal training most certainly helped me with the contracts and financing aspects of development, but its truest value was so much greater than that,” he said. He chose W&L because of its size and quality faculty. After attending one year at St. Andrews University in Scotland, and the University of North Carolina-Chapel Hill for his undergraduate studies, he wanted a smaller school, and he fell in love with Lexington. Immediately, he realized how impressive the professors were. “The teachers and the way they taught impacted me more than the underlying material, and maybe that’s the sign of a great teacher,” he said. He particularly remembers Sam Calhoun’s classes and Brian Murchison’s administrative law class. He refers to both of them as among the greatest professors in the “whole, wide world.” Walker isn’t sure that he could have accomplished any of what’s done today without the influence of the Law School. “It’s not only the critical thinking and exposure to varieties of knowledge, but it’s the W&L influence—how you do things, and collegiality and cooperation and a certain spirit and level of excellence,” he said. “It’s a way of doing things that really are very unusual and sort of unique to W&L.” Days before graduation, Walker sought out Dean Palmer, who had been influential in granting him admission. “I felt as though I should apologize to her for not performing better during law school,” he said. To this day, Palmer, now associate dean of student affairs at South Carolina School of Law, still remembers Walker as “a terrific guy.” And Walker still remembers what Palmer told him that day in her office. “Ed, I didn’t support your admission into law school because I thought necessarily that you’d be a great law student. I supported your admission because I thought you might do good things after law school.” S u m m e r 2 0 1 1 l a w . w l u . e d u

Linking Liberia to Lexington

In April 2007, the United Nations Commission on Crime Prevention and Criminal Justice passed a resolution supporting the Lilongwe Declaration to promote access to justice in Africa, particularly on issues of prison reform. While attending that meeting, Professor Speedy Rice formulated a program that would work to meet the resolution’s goals and transform W&L’s international program. The Practicum is taught in partnership with the United Nations Office on Drugs and Crime, along with the National Association of Criminal Defense Lawyers.

W&L’s Access to Justice Practicum

t’s been more than three years since Professor Speedy Rice “At the time, access to the prison was a serious challenge,” Rice designed a course that introduced W&L students to the history, said. “Staff were not keen to let in those who would emerge with political structure, criminal laws and legal assistance structures reports and reflections of food and space shortage in prison.” The of Liberia, with the ultimate goal of training Liberian paralegals in practicum successfully brought together different stakeholders, and local laws and international laws. The course Rice and his students were invited to Monrobecame the Access to Justice: Liberia Practivia Central Prison in the urban capital and the cum, a joint class with both American and Harper Central Prison to interview both prisonLiberian law students taught via Skype. ers and prison staff. The students’ inaugural trip to Liberia In 2010, the practicum’s repeated attempts in April 2008 revealed the reality of a postto engage the Liberian National Police (LNP) conflict country—little to no running water finally paid off. The fall 2010 and spring 2011 or electricity, and never mind the Internet. practicums conducted trainings for the LNP Undeterred, the group forged ahead, laying about rights of persons accused of crime, the the groundwork for semesters to come. history and importance of Miranda rights and In the fall of 2008, with the assistance the unintended consequences of failing to respect Members of the Access to Justice of the American Bar Association (which such rights during arrests. Practicum lead a seminar in Liberia. provided office space) and the U.S. Embassy “After 3½ years, the impact of the practicum Professor Speedy Rice is seated at left, (which offered a live DVC connection), is undeniable,” said Rice. “W&L students who in partial profile. David Brooks ’11L is standing, and to the right are Simon Herr the first joint practicum semester began. might never have worked outside the U.S. have ’11L and Anna Katherine Moody ’11L. “Though the idea of training paralegals was been an integral part of addressing social justice not supported in the Liberian legal strucissues in West Africa, and Liberian students who ture,” Rice noted, “feedback from the Liberian students confirmed did not believe that change was possible are now on the front line that prison overcrowding and an alarmingly high rate of pre-trial of it. Though Liberia’s legal system still has many post-conflict chaldetainees (over 90 percent) were serious social problems, and so the lenges to overcome, the success of the practicum and its students practicum’s substantive objectives began to take shape. show that change is possible, and perhaps even welcome.” 18

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Student Perspective Third-year students Simon Herr, Massie Payne, Anna Katherine Moody and David Brooks blogged about their reaction to traveling and working with Liberians in the Access to Justice Practicum. They were in Liberia for two weeks in April.

officers from the Monrovia Central Prison and city solicitors, who serve as misdemeanor prosecutors. So far, the police were receptive to our ideas and have been open and active participants in our discussions and activities. While we know that real change in Liberia is going to take years of hard work, we take comfort in the Traveling and working here has been fact that we are influencing the thoughts and a great way to wrap up law school and has work practices of the individuals we come in certainly been a learning experience and a chalcontact with, and that we are doing our small lenge for all of us. It has been great to put some Massie Payne ’11L provided training to part to make a difference. of our professional skills to use, while helping a city police. “The Liberian law students Our class partners with local students legal system rebuild and the rule of law develop. whom we work with seem passionate from the Louis Arthur Grimes School of Law The bulk of our work involves training about the work that we do to fight in Monrovia. It was great to have a Liberian various criminal justice actors here in Liberia. corruption and educate the police about constitutional rights,” she said. perspective in everything we do, and it has We focus on the rights of citizens caught in been a pleasure to develop personal and profesthe criminal justice system and try to give all sional relationships with these young lawyers. Moreover, Professor involved the educational tools to make systemic justice a reality. We Rice introduced us to many different people, and has helped us to have already held successful workshops with the Monrovia City really understand life in Liberia and the future of its institutions. Police and the Liberia National Police. We worked with corrections

Boundaries in the Bush BY JULIETTE SYN ’08L

For those of you who thought property law was nothing more acquired through a certificate from the paramount chief. It sounds than a painful rite of passage, I feel for you. Until very recently, I simple, until you learn that the certificate has to be signed by the felt the same. When I thought of property law, I pictured the red president before actually conferring ownership rights. Dukeminier book that caused heartache for law Fast forward to the present, after explosive students around the country. After a few hours population growth, land grabbing and more than with that book, I promised myself that when I a decade of civil war, displacement and poverty. graduated I would not deal with property law Today, we have a hodge-podge of land ownership again. Fortunately I was wrong. systems, processes and documents, a never-end For the past nine months, I’ve been working supply of fraudulent everything, and an innate ing on land disputes and policy reform in Liberia distrust of the formal legal system. While it’s not (with a brief intermission of emergency refugee clear exactly what people know about statutory response). It’s been a fascinating experience, laws, they generally know enough to be confused not the least because I live in Nimba County, a while still assuring you that they’re correct. beautiful part of the hinterland that generally goes The cases I’m working on concern a Juliette Syn ’08L, pictured with unnoticed outside Liberia itself. The elders here variety of issues, including multiple claims Peter Aldinger, was part of the first practicum trip to Liberia. recount the old ways of getting land: A man would to the same piece of land, boundary disputes After working at Ropes and Gray ask the town chief for a spot. If he was allowed to because no one knows their boundaries, people in San Francisco, she returned join their community, he was given a large stone, who sell land they don’t own, deeds that say to Liberia, this time to work for and told to throw it as far as he could. From where 100 acres when there are only 50, and so on. Norwegian Refugee Council’s he stood, to where the stone landed, would be the It’s complicated because usually there is no one Information, Counseling and Legal Assistance project, which place for him. The stone-throwing part faded away right answer. Yet, many resolutions are reached deals with housing, land and some time ago, but we still have cases involving (some admittedly more bizarre than others) property rights. 200-acre parcels of land that were received in in the spirit of reconciliation and the need to exchange for a pregnant goat and a few gallons of move forward, as the people are weary of the palm wine. But what rights were granted then, and what rights are violence and conflict that seem to grip West Africa. claimed now, are unclear and don’t always match up. To even begin to understand the complex issues and emo Liberia, like many other African countries, has multiple tions surrounding land here requires a mental overhaul. In this systems of land tenure—a common result of the coexistence of social fabric, land is not just a place where people live or work, Western and traditional systems. There are also multiple processes and it’s certainly more than a measurement of metes and bounds, of acquiring land, which are misunderstood to varying degrees dollars or goats. The land is part of who Liberians are—a meeting throughout the country. As an example, a town lot would be purpoint of a rich and bloody past, a struggling present and a hopeful, chased from the land commissioner, whereas a farm lot would be if uncertain, future.

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Reunion Weekend April 15 and 16

It may have rained part of the weekend, but alumni returned to campus to a warm welcome from faculty, staff and students. Alumni generously pledged $2,286,830, which will support various funds at the Law School and the University. At the Benefactors Luncheon on Friday, Rob Vrana ’11L (at the podium) thanked the many alumni in attendance for the financial support they give students like himself.

Distinguished Alumni During Law Reunion 2011, the Law School announced the recipients of the Outstanding Alum Award and the inaugural Volunteer of the Year Award—Tom Millhiser ’81L and Nan Robertson Clarke ’76L, respectively. “We value the contributions these alumni and others make to the Law School,” said Interim Dean Mark Grunewald, who presented the awards. “Nan and Tom exemplify the committed and enthusiastic alumni body which is one of W&L’s hallmarks.” Both the Millhisers and Clarkes will see their family legacy continue at W&L Law with the graduation of their children, Neal Millhiser and Robbie Clarke, both members of the Law Class of 2011 (see back cover). Millhiser received the 2011 Outstanding Alum Award to honor his achievements as a member of the legal profession and his service to W&L Law (see story 20

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Interim Dean Mark Grunewald congratulates and thanks Nan Clarke ’76L (left photo) and Tom Millhiser ’81L (right photo) for their contributions to the Law School. on inside back cover). Millhiser is a retired partner with Hunton & Williams, in Richmond, where his practice focused on wills, trusts and estates. The School awarded for the first time the Volunteer of the Year Award, created to recognize those individuals who go above and beyond in their service to W&L Law. Clarke, married to Hal Clarke

’73, ’76L, has served the School in a nearly every volunteer position available, including on the Charlotte campaign committee, as a Charlotte Chapter board member, on the Alumni Board, as a class agent, a SPEAK volunteer and as the parents liaison for the Charlotte Chapter. Clarke continues her service to W&L on the George Washington Society.

Reunion Weekend April 15 and 16

The Class of ’66L. Back row, l. to r.: Charles Bennett, Ronald Sommer, George Vogel, Robert Baldwin, Rudolph Bumgardner. Front row, l. to r.: Samuel Coleman, Kent Wilson, Philip Miller, Donald Huffman and Baxter Davis.

Enjoying the Saturday lunch: From l. to r.: Lauren Hoezler ’06L and her date, Eric Helenek, Sarah Allenson Corle ’06L, Grace Baur (wife of Michael Baur ’06L) and Ryan Corle ’06L.

Alumni who graduated 50 years ago or more received special recognition during the Saturday morning events. J. Page Garrett ’60L, Jack Buchanan ’61L, Mike Masinter ’58, ’61L, Walter Triplett ’61L, Rich Parsons ’61L, Mike Smeltzer ’61L, Bill Haley 60L and Bob Stroud ’56, ’58L.

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Class Notes

and Professional Studies, where he teaches advanced business law. Formerly of Lexington and an adjunct on W&L’s Law faculty, he also worked for the Virginia attorney general’s office.

1977L

James E. Barnett received the 2011

Lacey E. Putney ’50, ’57L (center) joins fellow Distinguished Alumni Award recipients Dr. Herbert A. Lubs ’50 (left) and Laurence Levitan ’55 (right) during W&L’s Five-Star Festival last September. Congratulations to Lacey E. Putney ’50, ’57L, who on Jan. 12 kicked off his 50th year as Bedford County’s representative to the Virginia House of Delegates. The anniversary makes him one of the longest-serving legislators in the U.S. During opening-day ceremonies of the General Assembly at the capitol in Richmond, his colleagues gave Putney, an Independent, a standing ovation. According to the Richmond Times-Dispatch, when the applause erupted he was in the members’ lounge, where the Republican whip had to track him down. It’s not the first time Putney’s been recognized for his dedication. In 2007, he received the Thomas B. Murphy Longevity of Service Award. In December 2010, the Virginia Governmental Employees Association (VGEA) named him Legislator of the Year for “his ongoing and active support of the Commonwealth’s employees and retirees,” said J. Marshall Terry, the VGEA president. He also received Virginia Military Institute’s distinguished service award in May 2010, and, the one that means the most to us, the Distinguished Alumni Award from W&L, last September. This year, Lacey was recognized for his leadership in funding the new VCU Dental School. He also spearheaded legislation creating the new Virginia Tech Carilion School of Medicine and Research Institute in Roanoke, for which he was recognized May 7 at the official ribbon cutting and dedication.

1951L

James C. Lee retired in 2000 after

50 years of practicing law. He and his wife, Susannah, have lived in a retirement community outside Chattanooga, Tenn., for several years. Lee served as president of his local association and on various state bar committees. He also represented both bar associations and respondents in disciplinary actions.

1972L

Robert P. Beakley participated in

a panel discussion on mediation and arbitration at the 2011 New Jersey Association for Justice Educational Foundation Inc.’s Boardwalk Seminar. Beakley was the only non-retired judge on the panel. He addressed the difference between court-ordered

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arbitration in the N.J. Superior Court and the United States District Court for New Jersey. He lives in Somers Point, N.J.

1973L

Theodore H. Ritter received

the 2011 Cumberland County bar association’s Distinguished Service Award. Ritter practices law with his son, Matthew ’99, at the Ritter Law Office in Bridgeton, N.J. Ritter is a past president and trustee of the bar and the Trial Attorneys of New Jersey and the New Jersey Institute of Local Government Attorneys. He lives in Bridgeton, N.J.

1974L

James W. Osborne is a fac-

ulty member at the University of Virginia’s School of Continuing

Peninsula Humanitarian Award. Barnett is a county attorney in York County, Va., and is the co-founder of Homeless Week at Rodef Sholom Temple. He also volunteers with the Boy Scouts.

1979L

J. Scott McCandless is listed in

the 2011 edition of The Best Lawyers in America and in the 2010 Missouri and Kansas SuperLawyers for his work in real estate law. McCandless serves as the chair of the diversity and inclusion committee at Shook, Hardy & Bacon in Kansas City, Mo.

1981L

Brig. Gen (Ret.) Malinda Dunn

joined the American Inns of Court as executive director in Alexandria, Va. Dunn has 28 years of experience as an officer–lawyer in the U.S. Army. Dunn served as assistant judge advocate general for military law and operations. Prior to that, she commanded the U.S. Army Legal Services Agency and served as chief judge of the Army Court of Criminal Appeals. While serving as staff judge advocate of XVIII Airborne Corps, she served tours of duty in both Afghanistan and Iraq.

1983L

H. Morgan Griffith is serving

his first term in the U.S. House of Representatives (Va.-9th District) and is a member of the House Energy and Commerce Committee. Previously, Morgan served as a member of the Virginia House of Delegates from 1994 to 2011, where he represented the 8th District (city of Salem and precincts in Roanoke County). In 2000, Morgan was elected House Majority Leader and was the first Republican in Virginia history to hold that position. Griffith and his wife, Hilary, have three children, and live in Salem, Va.

nominated as secretary of environmental protection by Pennsylvania’s Gov. Tom Corbett. Krancer has served as a judge on the Pennsylvania Environmental Hearing Board, a statewide trial and appellate court for environmental cases. Previously, Krancer was a litigation partner at the Dilworth Paxson and Blank Rome firms in Philadelphia.

Steven J. Tranelli rejoined the

Rochester, N.Y., office of Hiscock & Barclay L.L.P. as a partner and represents industrial and commercial property owners, developers, investors, retailers, service businesses and technology companies in a wide variety of matters, including commercial real estate acquisitions and expansions, divestitures, leases and financing transactions. Tranelli was listed in SuperLawyers in the area of real estate. Previously, Tranelli was a principal with Fix Spindelman Brovitz & Goldman P.C.

1984L

Frank W. Rogers III (’79) was

listed among the 2011 edition of The Best Lawyers in America. The pub-

lication also named him Roanoke’s Family Lawyer of the Year.

1985L

1992L

James E. Fagan joined the Prince

Juliann Faustini Panagos joined

the Houston law firm of Crain, Caton & James P.C. as a shareholder practicing labor and employment law.

William R. Mauck Jr. (’79) was

listed among Virginia Business magazine’s Legal Elite. Mauck works at Williams Mullen’s Richmond office and specializes in construction law.

1987L

Edward L. Allen was elected presi-

dent of the Virginia Trial Lawyers Association for 2011-2012. Allen is a partner in the law firm of Allen, Allen, Allen & Allen and the managing partner of the firm’s Fredericksburg, Va., office. Allen has been a successful advocate for 25 years, and is listed as a Best Lawyer in America. He is also a member of the Historic Fredericksburg Foundation Inc. and the Fredericksburg Chamber of Commerce.

William County Public Schools as division counsel. Fagan was formerly an associate with Venable L.L.P., in Vienna, Va., handling employment discrimination, wage and hour, recruitment, discipline, termination and compliance with civil rights laws. Fagan is a former assistant county attorney for Arlington, Va., where he handled all areas of local government law, including representation of the human resources department for the county and Arlington Public Schools, the police and fire departments, the purchasing department and the retirement board.

Class Notes

The Hon. Michael L. Krancer was

1993L

Thomas C. McThenia Jr. joined

GrayRobinson’s Orlando, Fla., office and focuses on intellectual property, technology, licensing and internet areas. As a registered patent attorney, he also deals with patent and trademark prosecution, copyright and trade secret matters. McThenia is a member of the Licensing Executives Society.

1994L

Paul M. O’Grady was named direc-

tor for student affairs at the New York University School of Law. He lives in New York City.

1995L

George H. Bowles was listed

among the Legal Elite in Virginia Business magazine. Bowles is a partner at Williams Mullen’s Virginia Beach office and specializes in civil litigation.

M. Marcy Jones published Graceful

U.S. District Judge Frederick P. Stamp Jr. ’56 and his wife, Joan, hosted a dinner honoring his present and former law clerks, including those who graduated from W&L. Pictured from l. to r.: Mary E. Eade ’97L, Jennifer F. Shugars ’99L, Thomas P. O’Brien III ’88, ’91L, Judge Stamp, Christopher A. Lauderman ’06, ’09L and Lea Weber Ridenhour ’93.

Divorce Solutions: A Comprehensive and Proactive Guide to Saving You Time, Money, and Your Sanity in 2010, and USA Book News named it the among the Best Books of 2010 under the Parenting/Family: Divorce category. Jones lives in Lynchburg, Va.

Robert G. Mikell is the deputy

commissioner of Georgia’s department of driver services. Gov. Nathan Deal presented him with the Outstanding Customer Service Summer

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Class Notes

Leadership Award for his leadership in implementing the Internet Services Project at DDS, which enhanced and expanded the online transactions available to Georgia licensed drivers and allowed for more than $500,000 in direct annual cost savings.

1997L

John R. Dalton Jr. was elected a

partner at Bryan Cave L.L.P. in its Washington office. He practices with the tax advice and controversy client service group, focusing on tax credit transactions, including new markets tax credit, low-income housing tax credit and historic rehabilitation tax credit transactions and related affordable housing and community development matters. Dalton has represented investors, syndicators, community development entities and developers in structuring, negotiating and closing a wide range of tax credit transactions.

J. Conrad Garcia is listed among

Virginia Business magazine’s Legal Elite. Garcia works at Williams Mullen’s Richmond office and specializes in taxes, estates, trusts and elder law.

Robby J. Aliff (’91) was elected

to Jackson Kelly’s P.L.L.C. executive committee. Aliff is a member of the firm’s Charleston, W.Va., office in its litigation department, where he serves as the chair of the medical professional liability group. Aliff ’s practice focuses on general, medical and health care litigation. He has been with Jackson Kelly since 1997.

1999L

Matthew E. Cheek is listed in

Virginia Business magazine as one of

H. William Walker Jr. ’68, ’71L (right) with the Right Rev. Leo Frade, bishop of the diocese of South Florida, who officiated at Walker’s transitional diaconate in December 2010. Walker was ordained to the priesthood in late May. He still practices law at White & Case L.L.P in Miami and plans to serve as an assistant parish priest. Walker noted, “It has been by any measure a labor of love, and while I still have any number of law partners who think I am completely nuts, I am overwhelmed by the possibilities for the future, both practicing law and serving the church.” He and his wife, Laura, live in Coral Gables, Fla.

the Top Young Lawyers Under 40 in Virginia. Cheek was elected to partner at Williams Mullen’s Richmond office in 2007.

professional liability, bad faith, first-party property coverage and technology-related claims. Jarvis has experience in federal and state courts and before U.S. reinsurance panels. She lives in Arlington, Va.

Hillary Coombs Jarvis (’99) is

John S. Buford was elected

2002L

of counsel to Steptoe & Johnson L.L.P. Jarvis’ practice focuses on advising and representing insurers and reinsurers in coverage litigation and arbitrations. Her expertise includes a wide array of coverage types, such as construction defect, asbestos, environmental liability, D&O,

Katherine O. Donlon ’94L received the

George C. Carr Memorial Award from the Tampa Bay Chapter of the Federal Bar Association. Donlon served as the president of the local chapter of the Federal Bar Association in 2005-2006 and instituted popular brown bag lunches with the federal judges. She has practiced in the area of commercial litigation for the past 15 years. Donolan works at Wiand Guerra King firm in Tampa. 24

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a partner at Brooks, Pierce, McLendon, Humphrey & Leonard L.L.P. in October 2010, where he has practiced business litigation since 2003. Among other honors, Buford received the Charles F. Blanchard Young Lawyer of the Year Award from the North Carolina Bar Association and was named a North Carolina SuperLawyers Rising Star in business litigation by Law & Politics magazine. He lives in Greensboro, N.C., with his wife, Anne, and their son, Will, 3.

Justin M. Smith is the managing director and counsel for Xtract Research L.L.C. in Ridgefield, Conn. The company provides research and commentary on highyield bond and loan covenants.

Heath H. Galloway (’99) is listed

in Virginia Business magazine as one of the Top Young Lawyers Under 40 in Virginia. Galloway practices with Williams Mullen’s Richmond office.

Michael P. Dimitruk joined Artis Capital Management, a hedge fund sponsor in San Francisco. Dimitruk serves as general counsel and chief compliance officer.

Deborah S. Tang joined Major,

Lindsey & Africa as managing director in the Washington office. Tang is active in the Asian Pacific American Bar Association and is co-chair of the Young Lawyer’s Forum of the Women’s Bar Association of the District of Columbia office.

Matthew P. Ward joined

Womble Carlyle Sandridge & Rice, focusing on bankruptcy and creditors’ rights law. He lives in Wilmington, Del.

Marie E. Washington was rec-

ognized for outstanding service to the bar and public by the Virginia

Capt. Joshua E. Loh ’06L, staff

judge advocate office, 36th Infantry Division, looking strong at the end of a second leg of a 5-mile relay fun run in Iraq. After graduation, Loh worked as a legislative analyst for the Maryland General Assembly for two years, then became a Virginia Army National Guard State Bar Young Lawyers Conference. Washington was commended for her work as a 20th Circuit representative and for having organized a continuing legal education class entitled “Don’t Get Iced by ICE: The Cold Hard Facts

officer and completed Army judge advocate officer basic training in Charlottesville, Va., and at Fort Benning, Ga. He said, “I hooked up with a deployment to Iraq with the 36th Infantry Division, a National Guard division headquarters, and we’ve been deployed to Basrah, Iraq, since December. I am the senior contract and fiscal law attorney for the division and provide legal reviews and guidance on the proper use of appropriated and non-appropriated federal funds, including contracts for acquisitions of goods and services the division and subordinate units require. Nail-biting stuff, I know! However, I really enjoy the work; it’s surprisingly similar to the detailoriented work I used to do as a legislative analyst.”

Class Notes

2003L

About Immigration and Customs Enforcement” and a No Bills Night that enabled individuals to receive free, confidential 10-minute consultations with local attorneys.

2004L

Joshua D. Jones was named a

shareholder at Maynard, Cooper & Gale P.C in Birmingham, Ala. He focuses on the defense of brokerage firms and financial institutions against claims asserted by their customers. He also represents clients in general litigation matters and is a member of the firm’s white-collar criminal defense group. Jones is co-chair of the Securities Arbitration subcommittee of the American Bar Association’s Securities Litigation Committee and was named a 2011 Rising Star in the area of securities litigation by Alabama SuperLawyers.

Philip H. Yoon has been named

Last Fall David L. Baird, Jr. ’71L (sitting, center) celebrated his 65th birthday by completing his fifth climb up Pikes Peak in Colorado. He was accompanied by assorted children, siblings, nieces and nephews, many of whom wisely opted to drive up the mountain to meet the climbers on the summit. Baird’s father started the Pikes Peak climbs many years ago, and family members gather every five years at the mountain to keep the tradition alive.

the administrative assistant to Corry Stevens, president judge of the Superior Court of Pennsylvania. Yoon clerked in Stevens’ office and currently serves as chief clerk to Justice Fitzgerald. He will serve as a liaison with the Pennsylvania bar, the Philadelphia bar, the State Conference of Trial Judges and the legislature, as well as participate in CLE programs, attend bar commitSummer

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Class Notes

The Sierra Club has singled out as a legal hero Mary Cromer ’06L for her work as a staff attorney for the Appalachian Citizens’ Law Center. The ACLC, a small, non-profit law firm, is dedicated to protecting coalfield communities and the environment from destructive coal-mining practices in central Appalachia. Formerly a clerk for the Hon. Glen Conrad of the U. S. District Court for the Western District of Virginia and an associate attorney with the Southern Environmental Law Center, Cromer has represented individuals and families who have lost their well water because of nearby coal mining, and has fought pollution from coal mining under national environmental laws.

tee meetings in Philadelphia and coordinate En Banc sessions.

2005L

Luder F. Milton joined the Rich-

mond office of Eckert, Seamans, Cherin & Mellot in its utilities and telecommunications practice. Previously, Milton worked at Hirschler Fleischer P.C. Prior to entering private practice, Milton worked on Rep. Bob Goodlatte’s staff, serving the city of Staunton, as well as the counties of Augusta, Bath, Highland, Rockbridge and Rockingham in Virginia’s 6th Congressional District. Milton also serves as a supervisory committee member for the Henrico Federal Credit Union, overseeing the performance of the credit union’s management and operations.

2009L

Jane J. Du joined Fish & Richard-

son P.C. in Dallas as an associate in the litigation group.

Anthony M. Segura ’09L joined Gentry Locke Rakes & Moore L.L.P. in Roanoke as an associate in the plaintiff ’s group. He will focus on medical malpractice and products liability.

Weddings

Michelle Williams ’05L to Jerrold

Lee Hamilton on Oct. 16, 2010, in the Sarah P. Duke Gardens in Durham, N.C. The couple live in Durham.

Jane E. Ledlie (’03) joined the

corporate group at Arnall Golden Gregory in Atlanta.

Caprice L. Roberts ’97L and Andy Wright ’95, a son, Garrett

Robert Wright, on April 15. In January, Andy joined the White House as associate counsel to the president. Caprice is a visiting professor at Catholic University Law School. The family live in the Bloomingdale neighborhood of Washington.

Erica Moore Envall ’01L and her husband, Eric, a son, Parker Harris on July 23, 2010. He joins brother Spencer Thomas, 3. Erica was with the Social Security Administration until 2008, when she decided to stay home. The family live in Washington.

Whitney Goodwin Bouknight ’04L and her husband, Heyward ’04L, a daughter, Ellsworth “Ellie”

Julianne, on Dec. 9, 2010. The family live in Charlotte, N.C.

Katherine Suttle Weinert ’05L, and her husband, Nathan ’05L,

a daughter, Cecilia Byers, on Dec. 16, 2010. They live in Birmingham, Ala.

Bristol, Tenn., died on Jan. 23. He was president of Washington Trust Bank before becoming an attorney. Jones belonged to Phi Gamma Delta.

associate in the civil litigation and dispute resolution department of a small boutique firm, Ehrenstein Charbonneau Calderin, in Miami.

construction group at Cohen Seglias Pallas Greenhall & Furman P.C. in its Philadelphia office.

wife, Katrina, a daughter, Summer Lindsey, on Jan. 28, 2010. They live in Bentonville, Ark.

Homer A. Jones Jr. ’42L, of

Christopher M. Wynn is an

Michael P. Decktor joined the

Michael H. Spencer ’96L and his

Obituaries

2006L 2008L

Births & Adoptions

Christina Bonfanti ’08L to Greg Schinner ’09L (above), on June 5,

2010, in Middleburg, Va. Greg works at Arnold and Porter L.L.P. as deputy general counsel and practices general litigation and pro bono matters. Christina is working part time as a real estate agent in Alexandria, Va.

Thomas E. Adams Jr. ’48L, of Washington, died on May 13, 2010. He served in the U.S. Army during World War II, later working as military historian at the Pentagon. He also worked on Capitol Hill as the legislative and special assistant to several congressmen. The Hon. William L. Fury ’48L,

of Weston, W.Va., died on Nov. 24, 2010. He served in the U.S. Army during World War II and practiced 26

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law in Weston. He was a judge of the 26th Judicial Circuit of West Virginia.

12. He was editor of the W&L Law Review and was a member of Phi Alpha Delta Legal Fraternity.

Henry M. Mitchell ’48L, of Little

Samuel I. White ’50L, of Virginia

Rock, Ark., died on April 2. Mitchell was an agent with the Internal Revenue Service, then joined the Arkansas State Revenue Department as an assistant attorney. He practiced law in Little Rock and was a member of the law firm now known as Mitchell, Williams, Selig, Gates & Woodyard P.L.LC.

William C. Hamilton ’43, ’49L,

of Hagerstown, Md., died on Jan. 25. He served in the U.S. Army during World War II. He practiced law with Samuel Strite and later owned several automobile dealerships and franchises. He was the father of Derek H. Hamilton ’77 and brother-in-law of Derek M. Schoen ’57.

The Hon. Elmer C. Westerman Jr. ’49L of Fincastle, Va., died on

April 14. Westerman served in the Army during World War II. He earned his B.A. from Virginia Polytechnic Institute. He began his law practice in Fincastle and served as commonwealth attorney for Botetourt County until being appointed to the bench as general district judge for Botetourt and Craig counties. He retired in 1988.

J. Stanley Livesay Jr. ’50L, of

Portsmouth, Va., died on March

Beach, Va., died on Feb. 9. He was an attorney with White & Marks P.C. White belonged to Phi Epsilon Pi. He was the father of Eric D. White ’74 and grandfather of J. Michael White ’10.

James C. Reed Jr. ’52L, of

Charleston, W.Va., died on Jan. 7. He served in the U.S. Navy during World War II.

D’Arville H. Northington ’53L,

of Woodstock, Ga., died on Nov. 7,

The Hon. Douglas M. Smith ’51, ’53L, of Newport News, Va.,

died on Dec. 29, 2010. He was a member of Hall, Martin, Hornsby, Smith and Dowding, later becoming the youngest attorney to be appointed to a judgeship on a Virginia circuit court bench. He was recognized for his service to the Hampton Roads Academy School Board, Kiwanis Club, The Boys & Girls Club and Riverside Hospital board of directors. Smith belonged to Pi Kappa Alpha. He was the father of Herbert G. Smith ’80, ’83L.

Class Notes

If you’re a Tolkien fan, then you might be interested in a new book by David Pauly ’92L. Icarus Rising (Black Rose Publishing), the first of his planned trilogy, took him six years to write. As he explained in his blog, davidpauly.com, “Six years ago when I sat down at my old, now defunct, laptop, I was recently divorced and had lots of time on my hands. I started some mental doodling that gradually got longer, weaving strands of fantasy from many different authors in my head. As I began incorporating some real life experiences and people, a story began to develop. But why fantasy, why not a book about the law, such as a thriller a la John Grisham, or a collection of real-life human interest/ humor stories about my clients? Honestly, at the end of a long day dealing in human reality, I really enjoy getting away from it and spending time in the world that I created.” Pauley lives in New Mexico and has his own law practice.

2010. He was president of Western Union Realty Corp. Northington belonged to Sigma Phi Epsilon.

Daniel J. Kuhn ’58L, of

Waterford Pa., died on April 6. He served in the Korean War as a member of the Air Force. Kuhn practiced law for many years in Erie and Crawford counties with his brother, Eugene, at Kuhn and Kuhn Law Offices. Kuhn served as deputy district attorney in Erie County. He began his career with State Farm Insurance in the claims department and later worked for the U.S. Army Corps of Engineers.

Robert L. Rhea ’58L, of

Staunton, Va., died on March 2. He practiced law in Staunton and served as commonwealth attorney for Augusta County. He was a member of the board of direc-

In his latest book on the Civil War, One of Morgan’s Men: Memoirs of Lieutenant John M. Porter of the Ninth Kentucky Cavalry (University Press of Kentucky), Kent Masterson Brown ’74L has edited and annotated the memoirs of a Confederate cavalry officer from Kentucky. Porter wrote his memoirs in 1872, and a copy was typed up in 1927. A Porter family member gave Brown that typescript, and he spent five years editing and annotating the document. Porter’s memoirs cover his years as a Confederate soldier under John Hunt Morgan, from the outbreak of the Civil War until his capture in June 1863, his imprisonment at Johnson’s Island, and his release and his journey back home to Butler County, Ky. These are the first memoirs of one of Morgan’s men to be published since 1917. Brown, who is in private law practice in Lexington, Ky., has won numerous awards for his previous books.

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Lizanne Thomas ’82L, partner in charge of

the Atlanta law firm Jones Day and head of the firm’s global corporate governance practice, was inducted into Omicron Delta Kappa in May. She is experienced in public and private mergers and acquisitions, corporate finance and defensive planning. Among her many honors are listings in Best Lawyers in America, Chambers USA: America’s Leading Lawyers for Business, Georgia Super Lawyers, and Top 50 Women Attorneys in Georgia. Active in the community, she serves on the boards of Krispy Kreme Doughnuts, Georgia Research Alliance, the Metro Atlanta Chamber of Commerce, the Atlanta Ballet, and in various leadership roles for the Woodruff Arts Center. She belongs to the Atlanta Rotary Club and the United Way Tocqueville Society. She is a trustee of Furman University and former president of the Law Council. W&L awarded her the Honorary Order of the Coif in 2005. She and her husband, David Black ’82L, live in Atlanta. tors of Thornrose Cemetery and a charter member of the StauntonAugusta Rotary Club.

for Brown’s Bondsman in Fairfax. He was a member of Amherst Legion Post 177.

Owen A. Neff ’59L, of Asheville,

Gerald E. Smallwood ’61L, of

N.C., died on Dec. 17, 2010. He served in the U.S. Army during the Korean War. He also served in the Department of Justice in Robert Kennedy’s Organized Crime strike force and with FBI agent Mark Felt to thwart Mafia corruption in Kansas City. Neff belonged to Phi Kappa Psi.

Winston E. Harvey ’60L, of Fairfax, Va., died on Oct. 25, 2010. He was a graduate of Lynchburg College and served in the U.S. Navy. He worked for Travelers Insurance and later became a bail bondsman

Kitty Hawk, N.C., died on March 22. Smallwood entered the Air Force as a second lieutenant and served in Korea, earning the Distinguished Flying Cross as well as other medals. He earned a master’s in mathematics from the University of Alabama and served in the Air National Guard. He practiced patent law in Arizona, California and with NASA in Washington. He became a commercial pilot with World Airways and Overseas National Airways. He then earned a M.B.A. in financial management from George Mason University

and taught at GMU and in the Fairfax County Public Schools. He retired from the Air Force Reserve as a major.

William P. Coffin ’65L, of

Easton, Pa., died April 8, 2011. He was an attorney, setting several precedents in Pennsylvania state law. He was an avid fan of the Philadelphia Eagles, Phillies and Flyers, and was a long-time season-tickets holder for all three. He was father to William P. Coffin ’93.

Lewis B. McNeace Jr. ’64, ’67L,

of Richlands, Va., died on Nov. 30, 2010. He served in the Air Force for 34 years as a lieutenant colonel. He served as attorney for the town of Richlands for three years. McNeace belonged to Phi Kappa Sigma. He was a cousin of Gregg B. Amonette ’75.

Bruce W. Freeberg ’70L, of Jef-

ferson, Wis., died on Dec. 29, 2010. He worked for the McKenna Law Firm and Freeberg and Sperry Law Firm prior to his solo practice. He served as an attorney for the city of Jefferson, as multi-jurisdictional judge and as the court commissioner for Jefferson County.

Buford P. Early III ’78L, of Blue-

field W. Va., died on March 22. Early was an avid fan of area athletics, serving as a public address announcer for Concord University baseball, basketball and football games. Early was also an editorial page columnist for the Twin State News Observer.

Interim Dean Mark Grunewald accepts the third-year class pledge from Rachel Vargo ’11L. The $18,940 will go toward the Law Annual Fund and the Law General Scholarship Fund.

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Ways to Give

The couple’s most recent gift, The Shelly and Tom Millhiser Rochelle and Thomas McNally Millhiser ’81L Professorship of Practice, have endowed the Rochelle and Thomas builds on the School’s commitment to McNally Millhiser ’81L its third-year curriculum that moves Professorship of Practice, students out of the classroom and which will support the third-year curriculum. into the real world of legal practice. They announced the gift Rounding out their trifecta of support in May — the same includes the Thomas McNally weekend their son, Millhiser Law Scholarship, as well Neil ’11L, graduated as the renovation of what is now the from the Law School. Millhiser Moot Court Room. “Quite frankly, at first I had some reservations about the new curriculum,” noted Millhiser. “In law school I did not have difficulty relating and applying what I was learning in classes to the real world, but that probably was due to my having worked for seven years between college and law school. Most law students do not have that prior experience. So after I considered the new third-year curriculum in the context of the typical law student, I realized that the new curriculum is a fabulous and much needed change.” He added, “My son Neil ’11L, who participated in the new curriculum, is a staunch advocate of it.” The couple are motivated to support the Law School for three reasons. “The first is to repay a debt,” Millhiser said. “Tuition at W&L does not cover the cost of education there, so whether an alum was a full paying student or received financial aid, he or she needs to pay W&L back. Second, to thank W&L for the outstanding law school education that I, and now my son, Neil, received and for the enjoyable three years we spent as students. And finally, to assure that W&L and its core values and traditions of hard work, integrity, honor, collegiality, community, close student-teacher relationships, and professors who firmly believe that their primary function is to teach will be around for future generations of students, who, I hope, will include some Millhisers.” His wife added, “God has blessed us, and so we give. I really like W&L’s faculty and staff, its tradition of honor and the feeling of warmth and inclusiveness. People smile at W&L— they are happy to be there. I really enjoy visiting and taking part in its activities, and my guess is that most people touched by W&L feel the same. I would remind alumni of the muchdeserved pride they feel in their own accomplishments earned

The basic components of any law school are students, faculty and a building. At W&L, Shelly and Tom Millhiser have invested in all three.

at W&L, and I hope they, too, will choose to pay it forward.” Millhiser, who received W&L’s 2011 Outstanding Alumnus Award (see page 20), chose law school to help him start a career as a tax advisor. For him, law school was both hard and easy, and his first class with the late Professor Roger Groot remains imprinted on his memory. “It was an interrogation by Socrates and a marine drill sergeant. I had such a big knot in my stomach I thought I was pregnant. I really wondered what I had gotten myself into. As the first semester progressed, however, that knot became smaller and smaller until it disappeared. After the first two months or so, I realized that I was beginning to think like a lawyer.” After graduation, he joined the Richmond office of Hunton & Williams as an associate on its tax team. Four years ago, Millhiser retired as head of its estate planning practice so he could devote a substantial portion of his time to his high school alma mater, The Hill School, where he serves as chair of the board of trustees. Over the years, Millhiser has provided valuable service to the Law School as president of the Law Council, as a member of the Richmond area campaign committee, as an Annual Fund law firm liaison and as a law liaison for the Richmond Chapter. He continues to serve on The George Washington Society and as a mentor to law students.

The Washington and Lee University Law Alumni Magazine L e x i n g t o n ,

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N o r f o l k, Va

Alumni parents celebrate graduation 2011 with their children. From l. to r.: Hal Clarke ’73, ’76L, Robbie Clarke ’06, ’11L, Nan Clarke ’76L, Neil Millhiser ’11L and Tom Millhiser ’81L