Washington and Lee University School of Law Winter 2016 Newsletter by Washington and Lee University

Discovery

Winter 2016 % Volume 2, No. 1

the newsletter from washington and lee university school of law

su cce s s

Campaign and Annual Fund Exceed Expectations

ashington and Lee School of Law concluded a seven-year capital campaign on June 30, exceeding its $35 million goal by over $2.6 million. The school also set a record for its 2014–15 Law Annual Fund. The Law School’s multi-year fundraising effort was part of the university’s $500 million campaign, Honor Our Past, Build Our Future. The university raised $542.5 million in all, exceeding its target by 8 percent. As with the university, the top funding priority for the Law School’s campaign was student financial aid. The Law School raised over $14 million for endowed scholarships and other forms of student aid to help make law school more affordable. Another top campaign funding priority was the Law Annual Fund. The School raised nearly $9 million for the annual fund over the life of the campaign, which helped set a new record for annual fund giving during the 2014–15 cycle. The School established a goal of $1.3 million for the 2014–2015 Law Annual Fund, a 33 percent increase over the previous year. In the end, the Law School raised $1.34 million.

“The Law Annual Fund is central to W&L Law’s continued success in the changing law school environment,” said Dean Brant Hellwig. “The Strategic Transition Plan announced by the Board of Trustees and President Ken Ruscio last spring calls for greater levels of annual giving, so we are grateful to the many alumni, as well as members of our faculty and staff, who made gifts this year to help us surpass this benchmark.” The goal for the 2015-16 Law Annual Fund is $1.5 million. The Law School also raised over $3.5 million for the renovation of Sydney Lewis Hall. The first phase of the renovation, completed last summer, focused on the building’s exterior. The second phase created improved spaces for the School’s clinics and much more space for students, including private group study rooms and a second large reading room. (See pg. 3 for photos.) Alumni participation was very strong during the campaign. Sixty-three percent of law alumni made at least one gift to the university during the campaign.

By The Numbers CAMPAIGN

LAW ANNUAL FUND—FISCAL YEAR 2015

$37,664,841

63%

raised in the Honor Our Past, Build Our Future campaign

new law scholarship endowments totaling over $14.4M created

of alumni made a gift during the life of the campaign

$1,342,912 raised

33.2%

participation rate

of donors gave

$2,500 or more

Average gift amount

$969

94%

of faculty and 76% of staff made a gift in FY15

the new law school admissions video Why W&L? 1Ls Talk About view at law.wlu.edu/about_wandl_law/ Their Law School Search ourmission/welcome

Charu Kulkarni

Jonathan Murphy

Chandra Winter

Alan Carrillo

I was looking for a school that had a good reputation in cities like New York City and D.C. because that’s where I wanted to end up. I was also looking for a school with a good curriculum in international law and that had a small student body. When I missed the bus that was supposed to take me from Lexington to Roanoke, Lisa Rodocker, who works at the Admissions Office, took the time to see me off on a separate bus. That showed me the kind of people that were here at W&L. If I’m going to go through this grueling process of being in law school, these are the people that I want to surround myself with. Talking to other students, collaborating with them and supporting each other when we do well in class, and maybe when we don’t — those things have been critical in helping me. That’s what I expected coming in, and that’s what I’ve gotten from W&L, and I’m really grateful for that. Pretty much any law school is going to challenge you to think in ways that you are not accustomed to. What any prospective student needs to think about is which law school is going to best position you to enter the legal profession. W&L, for me, was the best school to do that because it offers a rigorous, challenging curriculum, but I’m also surrounded by people who are there to help me and push me at the same time.

When I was looking at schools, I was doing it from Uganda, in eastern Africa. I had heard about Professor Mark Drumbl because of the work he had done in human rights in Rwanda. I had worked with some people who had been displaced to the western side of the Congo, and had heard his name with reference to child soldiers. When I was going through the admissions process, I received an email from him out of the blue saying that regardless of the decision I made, he would be interested in hearing about the work I was participating in. One of the things that drew me to W&L Law was the huge emphasis that the school places on its international programs. There is a professor currently in Slovakia. We have a professor that just returned from the Philippines. Another professor is doing work in central Africa right now. And this is a part of their research; it’s a part of the passion of many of the professors at W&L. This was something that was very interesting to me as someone who is interested in international law. The promise that you get from Washington and Lee is a commitment to ensuring that you’re not only going to graduate and pass the bar, but that you’re going to graduate with a community of friends and colleagues that are going to be there for you no matter what in the years to come.

If you Google Washington and Lee, you get the impression from all of the websites, not just the alumni website, that people really enjoyed their time here. It was a really good experience for them. It’s not just self-promotion, it’s people who went through the school, and they’re willing to talk about it. W&L Law has a mock class for admitted students so you can get a feel for what it’s like. I had Professor Tim MacDonnell, and even though it was a mock class and nobody had committed to coming to the school, he made you stand up and answer questions. He was so passionate about what he was teaching, and you could tell that he really cared, and he really wanted you to understand what was going on. Even if you didn’t want to go to Washington and Lee, he cared that you understood what was happening, and that you were getting something out of your time. I grew up in a small town, and I went to college in a fairly small town, so what I like about Lexington is that it maintains the small-town feel while still being accessible to other areas. There’s a lot of hiking. There’s a lot of nature around. You’re never going to be bored unless you just sit at home and choose not to do anything. If you want to be involved, there’s always something to be involved in.

I wanted to go to a school that had a rigorous and robust curriculum, unique opportunities in clinics, practicums or internships, and incredible professors — professors that are at the top of their fields. I didn’t just want to be a law student. I also wanted to grow as a person, so I was looking for a law school that could provide that great classroom experience, but also offer a wonderful community where I could build friendships and network with alumni. Washington and Lee really pursued me as a candidate in a way that no other school had. The School connected me to several alumni in my hometown, as well as my home state, and also connected me with students who were able to answer questions about specific classes or opportunities. When I asked those alumni and students what drew them to W&L Law, their answers were unanimous: That it was the community. It was the people. It was the opportunity to not just know people in the classroom for a year or two or three, but for life. If there are students out there who want to be challenged academically, who want to have incredible opportunities, whether that’s through mentorship with their professors or through connections with alumni who are at the top of their fields, then I think W&L Law is the perfect place to be.

Loren Peck ’16L Argues Before U.S. Court of Appeals for the Armed Forces

n Oct. 20, 2015, the W&L School of Law hosted the U.S. Court of Appeals for the Armed Forces for oral argument — and Loren Peck ’16L appeared before the court arguing issues laid out in an amicus brief filed in support of the appellant. The court heard a challenge involving a Fourth Amendment claim in the case of U.S. v. Matthew Hoffmann. Hoffmann, a Marine corporal, was convicted of five charges related to the solicitation of a minor for sexual activity and possession of child pornography. Hoffmann claimed that some of the evidence used to support his conviction was seized without proper consent or a search authorization. The first appellate court to hear the case was the Navy-Marine Corps Court of Criminal Appeals (NMCCA). It affirmed Hoffmann’s conviction, concluding that even if the government had violated the Fourth Amendment, the evidence in the case would have been inevitably discovered. Peck authored an amicus brief under the supervision of W&L law professor Tim MacDonnell in support of the appellant’s Fourth Amendment claims. Peck was invited by the court to argue his position and appeared alongside counsel for the government and Hoffmann. Specifically, Peck argued that the military judge abused his discretion, and that the NMCCA erred in its determination that the seizure and search met the probable cause requirement of the Fourth Amendment. 2

W&L

Law

Discovery

Loren Peck ’16L (center) The U.S. Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed for 15-year terms by the president, with the advice and consent of the Senate.

Phase 2: Renovations to Interior Spaces In the fall of 2014, the Law School unveiled a dramatic new entrance near the visitor parking lot and more exterior windows to add more natural light into the building, especially on the lower floors. At the start of this academic year, Phase 2 of the renovations concluded, with new homes for several of the School’s legal clinics, along with more spaces for collaborative learning, including group study rooms, small seminar rooms and an additional reading room in the library. These renovations were made possible thanks to the support of numerous alumni and friends during the recent campaign, Honor Our Past, Build Our Future.

DC-Based Privacy Think Tank, Future of Privacy Forum, Partners with W&L Law

he Future of Privacy (FPF) and W&L Law have formed a strategic partnership designed to enrich the legal academic experience and to enhance scholarship and conversations about privacy law and policy. The FPF/W&L Law collaboration will: ◗ Include new curricula for W&L Law students ◗ Create internships for students with both FPF and its advisory board companies ◗ Involve W&L law faculty in FPF conferences and research initiatives ◗ Provide a Washington, D.C., home in FPF’s new offices for classes associated with the W&L third-year D.C. program “This partnership is such a great opportunity to combine the resources and talent of a top-tier law school with the mission and objectives of a privacyfocused think tank,” said Christopher Wolf ’80L, cochair of FPF. “FPF policy staff and fellows and W&L Law students and faculty already are working together on issues such as the privacy of data collected by connected cars and the ethical review processes for big data. As a graduate of W&L Law, I am so pleased to have brought together my law school with the Future

“Through this partnership, we will expand our footprint in Washington, creating even more opportunities for our students in Lexington and in the D.C. program. It also leverages our growing faculty expertise in privacy and national security law, so we can have a larger impact on policy deliberations.” —Dean Brant Hellwig

of Privacy Forum, the think tank I founded in 2008.” Dean Brant Hellwig said, “Through this partnership, we will expand our footprint in Washington, creating even more opportunities for our students in

Lexington and in the D.C. program. It also leverages our growing faculty expertise in privacy and national security law, so we can have a larger impact on policy deliberations.” FPF Executive Director Jules Polonetsky added, “We are thrilled that as another feature of the partnership, W&L Law professors Margaret Hu and Joshua Fairfield will serve on the FPF advisory board. Professor Hu is well known for her research on national security, cyber-surveillance and civil rights, and her recent writing on government use of database screening and digital watch listing systems to create blacklists of individuals based on suspicious data. Professor Fairfield is an internationally recognized law and technology scholar, specializing in digital property, electronic contract, big data privacy and virtual communities.” The first panel discussion, which marked the opening of FPF’s new headquarters, addressed the future of Section 5 of the FTC Act. Former FTC Consumer Bureau Director David Vladeck and James Cooper, former acting director, FTC Office of Policy Planning, discussed key Section 5 issues, such as materiality, harm, the role of cost-benefit analysis and other issues raised in the FTC’s privacy and data security actions. Winter

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Law Firm Giving Competition Alumni (undergraduate and law) continue to support Washington and Lee at impressive rates. Below is the list of firms that reached 75 percent or greater participation in the Annual Fund (undergraduate or law). We thank the law firm liaisons who solicited gifts from their colleagues and thank all alumni for their generous support. firm % law firm liaison Bass Berry 100 W. Brantley Phillips ’97L .............................................................................................. Christian & Barton LLP 100 David D. Redmond ’66, ’69L .............................................................................................. Jackson Walker LLP 100 Jeffrey M. Sone ’78 .............................................................................................. Klinedinst PC 100 John D. Klinedinst ’71, ’78L .............................................................................................. Moore & Van Allen PLLC 100 Thomas L. Mitchell ’93L .............................................................................................. Petty, Livingston, Dawson & Richards 100 Paul J. Feinman ’86L .............................................................................................. Robinson, Bradshaw & Hinson PA 100 Heyward H. Bouknight III ’04L .............................................................................................. Timberlake, Smith, Thomas & Moses 100 Joseph R. Newell ’81, ’85L .............................................................................................. Baker Botts 95 William H. Jeffress ’67 .............................................................................................. Balch & Bingham LLP 95 J. Vance Berry ’79L .............................................................................................. Burr & Forman 95 John C. Morrow ’85L .............................................................................................. Lightfoot, Franklin & White LLC 95 Lee M. Hollis ’86L .............................................................................................. McGuire Woods LLP 95 William C. Mayberry ’91L .............................................................................................. Sidney Austin LLP 95 Michael P. Peck ’71 .............................................................................................. Stites & Harbison 95 James D. Humphries II ’66, ’69L .............................................................................................. Baker, Donelson, Beamer, Caldwell & Berkowitz 90 Buckner P. Wellford ’81L .............................................................................................. Bryan Cave LLP 90 Clifford B. Stricklin ’91L .............................................................................................. Crenshaw Ware & Martin 90 Donald C. Schultz ’89L .............................................................................................. Frost Brown Todd 90 Thomas P. O’Brien ’88, ’91L .............................................................................................. Glenn, Feldmann, Darby & Goodlatte 90 Paul G. Beers ’86L .............................................................................................. Jackson Kelly 90 Robby J. Aliff ’91, ’97L .............................................................................................. K&L Gates LLP 90 Stuart B. Nibley ’75, ’79L Jason P. Walton ’01L .............................................................................................. LeClair Ryan 90 Tracy T. Hague ’97L John T. Jessee ’79L .............................................................................................. Littler Mendelson PC 90 Dana S. Connell ’82L .............................................................................................. Ober/Kaler 90 John A. Wolf ’69, ’72L .............................................................................................. Richards, Layton & Finger 90 Samuel A. Nolen ’79L .............................................................................................. Whiteford, Taylor & Preston 90 Bradford Englander ’85L Michael Hastings ’93L .............................................................................................. Alston & Bird 85 Blas P. Arroyo ’81L .............................................................................................. Bradley Arant Boult Cummings LLP 85 Paul S. Ware ’86L .............................................................................................. Maynard, Cooper & Gale PC 85 Kathryn R. Eldridge ’03L .............................................................................................. Dinmore & Shohl 80 Monika J. Jaensson ’93L .............................................................................................. Hirschler Fleischer 80 .............................................................................................. Hunton & Williams LLP 80 James S. Seevers ’97L .............................................................................................. JonesDay 80 The Hon. Walter D. Kelley Jr. ’77, ’81L .............................................................................................. Jones Walker 80 Edward B. Crosland Jr. ’66, ’70L .............................................................................................. Reed Smith 80 Robert M. Dilling ’76L .............................................................................................. Spilman, Thomas & Battle 80 Amy R. Condaras ’02L .............................................................................................. Weil, Gotschal & Manges 80 Lauren H. Helenek ’06L .............................................................................................. Wiley Rein LLP 80 Bennett L. Ross ’83 .............................................................................................. Womble, Carlyle, Sandridge & Rice 80 .............................................................................................. Baker & McKenzie 75 Thomas J. Egan Jr. ’83L .............................................................................................. Covington & Burling 75 Christopher D. Van Blarcum ’05L .............................................................................................. Goodwin Procter LLP 75 Lauren T. Lebioda ’06L .............................................................................................. Haynsworth Sinkler Boyd PA 75 .............................................................................................. Huddleston Bolen LLP 75 Thomas J. Murray ’73 ,’76L .............................................................................................. King & Spalding LLP 75 James K. Vines ’81, ’88L .............................................................................................. Kirkland & Ellis LLP 75 Hans P. Dyke ’06L .............................................................................................. Ogletree Deakins 75 .............................................................................................. Pillsbury Winthrop Shaw Pittman LLP 75 Peter A. Baumgaertner ’83, ’86L .............................................................................................. Troutman Sanders LLP 75 Robert L. Brooks ’81 .............................................................................................. Williams Mullen 75 Alexander B. Hock ’80, ’83L Elizabeth M. Horsley ’94L .............................................................................................. Vinson & Elkins 75

Law Symposia

Tanishka Cruz (left), staff attorney, Legal Aid Justice Center in Charlottesville, and Cabell Youell ’99L, executive director, Saint Francis of Assisi Service Dog Foundation.

Oct. 30, 2015 The Women Law Students Organization at W&L Law hosted the Second Annual Lara D. Gass Symposium on Women in the Law. This year’s symposium, “Dare to be Different: Stereotypes of Power and Practice,” featured three panel discussions. “Power in the Law: Who Will Follow a Strong Woman?” examined the disproportionate percentage of men in high partner-level positions and the challenges that women face in being seen as mean or aggressive when acting with authority; “The Perfect Fit: Advantages (and Disadvantages) of Different Practice Areas” considered stereotypes and their accuracies for lawyers interested in different legal fields; and “Dispelling the Single Career Myth” explored the career arcs of several women attorneys and busted the myth that a new lawyer will work in only one practice area.

Jan. 28–29, 2016 The Journal of Civil Rights and Social Justice will host “Policing in America: Powers & Accountability.” The symposium opens with a panel discussion on “Questioning the Trajectory of Mass Incarceration Policy,” followed by “Examining Trends in Police Militarization” and “Preventing Discriminatory Use of Force.” The keynote speaker for this event will be Mario Barnes, professor of law, University of California Irvine.

Feb. 5–6, 2016 The 2016 Lara D. Gass Symposium, “Conviction to Clemency: Commonwealth v. Giarratano, a Case Study in the Modern Death Penalty,” will explore the ethical, legal and public policy issues surrounding the use of the death penalty. Panelists will discuss ineffective assistance of counsel, clemency, post-conviction relief, actual innocence, prison conditions, race and gender, and the use of the death penalty on those with mental illness or intellectual disability. The keynote speaker will be Robin Konrad, assistant federal public defender, Capital Habeas Unit.

You’re Invited

Alumni Weekend 2016 April 15–17 • #WLLAW2016

lease join us during Alumni Weekend to renew friendships with classmates and professors and to create some new ones.

There is much to see. The exciting construction projects around campus are positioning the Law School as a focal point of university life. Likewise, the spectacular renovations in Lewis Hall, including expanded group study space and an additional reading room, have reinvigorated our collaborative approach to legal education and the community it fosters. Activities include discussions with faculty and staff on legal education, a CLE session with Professors Michelle Drumbl, Mark Grunewald and Lyman Johnson, Affinity receptions with BLSA, Law Review and WLSO, an update on the Law School by President Ken Rusico and Dean Brant Hellwig, plus opportunities to golf, join a fun run and hike House Mountain. Don’t miss the Public Interest Law Student Association Silent Auction. Stop by the Moot Court Lobby during registration hours and during the Progressive Reception to bid on items. Proceeds will go toward PILSA summer grants for students working in non-paying summer jobs.

Visit law.wlu.edu/alumni-and-giving/alumni-weekend to review the complete schedule. Questions? Contact Suzanne Wade at (540) 458-8996 or swade@wlu.edu.

facult y accomp l i s hm e n ts DAVID BALUARTE was named to the Advisory Committee of the Institute on Statelessness and Inclusion, as well as the Steering Committee of the Americas Network on Nationality and Statelessness. His views on birthright nationality and statelessness were published in an article in Mother Jones, and he presented a paper on the statelessness debate in the Dominican Republic at the South Eastern Association of Law Schools conference and at the annual Disasters, Displacement and Human Rights conference at the University of Tennessee. CHRISTOPHER BRUNER spoke at a conference hosted by the Centre for Commercial Law Studies at Queen Mary University of London and co-sponsored with University College London. His contribution, titled “The Corporation’s Intrinsic Attributes,” will appear in an edited volume to be published by Cambridge University Press next year. In June he was a visiting fellow at the Asian Institute of International Financial Law, housed by the law faculty of the University of Hong Kong, where he continued his research for a new book on the role of small jurisdictions in cross-border corporate and financial services (forthcoming, Oxford University Press) and gave a seminar on the subject. Bruner spent a week as a Liberty Fellow at the Centre for Business Law and Practice, housed by the University of Leeds School of Law, where he gave a public keynote lecture on his first book, “Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power” (Cambridge University Press, 2013). This lecture, together with responses by Leeds law faculty, formed the basis for a half-day workshop on shareholder power. In the fall, Bruner gave the inaugural lecture at W&L for the William Donald Bain Family Professorship of Corporate Law, which he took up this year. NORA DEMLEITNER received a DAAD (German Exchange Service) senior research grant supporting her comparative sentencing research at the Max Planck Institute in Freiburg, Germany. She gave the keynote address at the annual meeting of the North American DAAD scholarship recipients in Bonn. Her publication “Time Off for Good Behavior” is forthcoming in The Encyclopedia of Corrections. She also published a book chapter entitled “Legal Education in the United States — Reflecting Societal Changes and Challenges Yesterday and Today in Vision of Legal Education.” She spoke at a panel entitled Change and Transformation in Law Teaching Careers at the Emerging Immigration Scholars Conference, held at the University of Miami School of Law. MARK DRUMBL spent the fall semester as a visiting professor in the Center for International Criminal Justice at the Free University of Amsterdam. He gave invited lectures to a number of other law faculties, including King’s College London, Liverpool, Oslo, Goettingen, Warwick and Utrecht, and he also presented his research to staff in the prosecutor’s office at the International Criminal Court in The Hague. In Amsterdam he taught a seminar

on Child Soldiers and International Criminal Law. He also participated in several media, conference and blog presentations; spoke in Germany at the 70th anniversary of the Nuremberg Judgment Commemoration; spoke at the Seventh Annual International Humanitarian Law Dialogues (Chautauqua, New York); spoke at a conference in the Peace Palace; and traveled to Bogota, Colombia, to present on restorative justice to officials involved in the ongoing peace process. JOSHUA FAIRFIELD spoke at workshops at Minnesota, Iowa, Fordham and the Telecommunications Policy Research Conference on chapters of his book, “ESCAPE: Property, Privacy, and the Internet of Things” (forthcoming, Cambridge University Press). His article, “Privacy as a Public Good,” will be published in the Duke Law Journal. JILL FRALEY completed her year in Ireland as a Fulbright Scholar researching British and Irish property law. She spoke at the Association for Law Property and Society and the Private Law Theory Association. Her forthcoming article, “Surface Water Liability,” will be published in the Michigan Journal of Environmental and Administrative Law. SUSAN FRANCK became the chair of the Academic Council for the Institute of Transnational Arbitration. She published “The Diversity Challenge: Exploring the ‘Invisible College’ of International Arbitration” in the Columbia Journal of Transnational Law. She presented her research on dispute systems design and arbitrator conduct at Columbia Law School, the University of St.Thomas, Fordham University School of Law, and Seton Hall University School of Law and at the Trade Policy Forum and the Canadian Council on International Law. She also is one of the authors of the letter responding to the Alliance for Justice’s criticism of investor-state dispute settlement; and she personally presented her scholarship related to dispute settlement and the Trans-Pacific Partnership to the USTR, Ambassador Fromman, in Washington, D.C., the day after President Obama signed Trade Promotion Authority. LYMAN JOHNSON wrote several invited book chapters on topics such as protecting mutual fund investors, mergers and acquisitions, and corporate fiduciary duties. He spoke at the University of Minnesota Law School on mergers and acquisitions and at Boston University on current issues in mutual funds. He served as a consultant and expert witness in two complex cases involving fiduciary duty claims against former directors and officers by bankruptcy trustees. JAMES MOLITERNO was a visiting professor at Australian National University (ANU) and at China University of Political Science and Law (CUPL). At ANU, he conducted a day-long workshop for 50 Australian professors and mentored junior faculty members. He also presented to the Australian Academy of Law, the University of Melbourne

Law faculty and Minter Ellison, a leading Australian law firm. At CUPL, he taught a two-week, intensive lawyer ethics course for Chinese students and presented at an annual legal ethics conference hosted by CUPL. He continued his work in Spain (legal education reform), Slovakia (judicial reform), Georgia (lawyer ethics reform) and Czech Republic (legal education reform). During his trip to Czech Republic, he was the guest of honor at a reception for leading lawyers, judges and academics held at the U.S. Ambassador’s Residence in Prague. In June, along with Harvard Professor Mazarin Banaji, author of “Blind Spot: Hidden Biases of Good People,” he presented a program at the Virginia State Bar Annual Meeting on hidden biases and how they affect lawyers and judges. BRIAN MURCHISON was the speaker at W&L’s 2015 Convocation, where he delivered an address titled “The Liberal Arts in Practice.” He was a presenter at the 23rd annual Law and Literature Alumni College and at the annual Supreme Court Preview, where he discussed tort law and tribal jurisdiction in Dollar General Corp. v. Mississippi Band of Choctaw Indians. He published “Speech and the Truth-Seeking Value” in the Columbia Journal of Law & the Arts. VICTORIA SAHANI’S article “Judging Third-Party Funding” will be published in the UCLA Law Review. She presented this article at New York University School of Law, Vanderbilt Law School and the University of Washington School of Law. She is scheduled to present her next article, which examines how the structure of the third-party funding transaction affects law firm dynamics, at the University of Pennsylvania Law School and Loyola University Chicago School of Law. Sahani is also scheduled to speak on international arbitration at several events in 2016: a public event co-hosted by the Columbia Center for International Investment and Commercial Arbitration and the New York International Arbitration Center; the Georgetown International Arbitration Society’s International Arbitration Month Panel; the International Law Weekend-West hosted by BYU Law School; and the International Commercial Arbitration Competition for LL.M. students hosted by the Center on International Commercial Arbitration at the American University Washington College of Law. CHRIS SEAMAN’S article, “Permanent Injunctions in Patent Litigation After eBay: An Empirical Study,” will be published in the “Iowa Law Review.” He spoke on injunctions in patent cases after eBay in presentations at the Elon University School of Law and the University of Toronto Faculty of Law. He presented a new paper, “Collaboration and Patentability,” at the Mid-Atlantic Patent Law Works in Progress workshop at American University Washington College of Law. He co-authored a recent letter signed by 42 IP law professors opposing the pending Defend Trade Secrets Act, which would create a private civil cause of action for trade secret misappropriation under federal law.

Professor Margaret Hu Wins Young Scholar’s Award at Privacy Conference

rofessor Margaret Hu received the Young Scholar’s Award for her paper at the Eighth Annual Privacy Law Scholars Conference (PLSC), held this past June in Berkeley, California. Hu’s paper, titled “Big Data Blacklisting,” examines government use of database screening and digital watchlisting systems to create blacklists of individuals based on suspicious

data. For example, big data tools can now be used to prevent individuals from working and voting — the No Work List and the No Vote List — and can also be used to nominate individuals for the No Fly List and the Kill List. “In its most extreme form, big data blacklisting may facilitate collateral killing, whereby the government may be at risk of erroneously nominating an individual for targeted killing based upon suspicious metadata and other digital data,” said Hu. She argues that these big data systems create a “guilty until proven innocent” problem for the digitally blacklisted. Hu contends that due process rights may be threatened by the government’s potential overreliance on

these tools to justify restrictions, and that the process of big data blacklisting and the digital suspicion it creates is in itself an infringement upon a fundamental liberty interest. At this year’s conference, nearly 300 academics, privacy law experts, government representatives and others came together to hear presentations on 75 topics selected through a call for papers. By popular vote, Hu’s article was one of six papers selected for an encore presentation at the conference. The PLSC conference includes an awards ceremony. As a recipient of the Young Scholar’s Award, Hu was among three pre-tenured scholars to be recognized for outstanding research. Winter

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W&L Law’s Margaret Howard Receives Inaugural Braucher Award from ABI Margaret Howard, the Law Alumni Association Professor of Law, received the Jean Braucher Memorial Award from the American Bankruptcy Institute (ABI). The award honors Professor Jean Braucher, the Roger C. Henderson Professor of Law at the University of Arizona and former ABI resident scholar, who died in 2014. Braucher was a national leader and scholar in the field of consumer bankruptcy law and contracts. She authored more than 50 articles, books and book chapters, and was known among academics as a pioneer thinker in the law-in-action tradition. Howard, who is the inaugural recipient, was elected unanimously to receive the

award. According to the ABI, the award will be bestowed each year on a full-time academic member of the ABI or a U.S. bankruptcy judge who best embodies Braucher’s personal and professional qualities and whose contribution and work serves to advance knowledge, thinking and improvement of the consumer bankruptcy system. “To be thought of for this award is something I particularly cherish, because Jean was much more than a creative and insightful scholar,” said Howard. “She was also a dear friend, and one of the people I most admired. The community of bankruptcy scholars is close-knit, and Jean’s passing has left a big hole in our hearts. It is a huge honor to have my name linked with hers.” The ABI is the country’s largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. Howard was the ABI scholar in residence in 2002 and was named to the ABI’s board of directors in 2006. In 2009, Howard began a three-year term as vice president, executive committee member and chair of the Research Grants Committee. She is working on a major empirical study for the ABI examining, among other issues, how and why individuals decide between Chapter 11 or Chapter 13 when filing for bankruptcy.

Professor Jill Fraley Wins AALS Scholarly Paper Competition Jill Fraley, associate professor of law, is the winner of the Association of American Law Schools 2016 Scholarly Papers Competition. Fraley won the award, one of the most prestigious in legal education, for her paper “An Unwritten History of Waste Law.” Launched in 1986 to highlight the excellent work of junior faculty, the award is limited to full-time law teachers who have been teaching at an AALS member school for five years or fewer. The winner and runners-up were chosen by a panel of seven distinguished law scholars, using a blind-grading process. Fraley will present the paper at the AALS annual meeting in New York in January. “Jill Fraley is a remarkably talented member of our faculty,” said Brant J. Hellwig, dean of W&L Law. “This award, and the Fulbright fellowship she received last year to support her research, serve as testaments to the contributions she is making to the fields of legal history and property law. In addition to her scholarly strengths, Jill is a masterful teacher. We at W&L Law are fortunate to have her as a colleague.”

Fraley’s win is W&L’s third AALS prize since 2005. Corporate law scholar Christopher Bruner won the award in 2010 for his article “Power and Purpose in the ‘Anglo-American’ Corporation,” and international law scholar Mark Drumbl won the award in 2005 for his article “Collective Violence and Individual Punishment: The Criminality of Mass Atrocity.” In “An Unwritten History of Waste Law,” Fraley uses historical evidence to displace the reigning economic and social theories of how the law of waste evolved in America. She critiques the current methods of legal history, arguing that the law and society and law and economics movements have distorted legal history by consistently privileging the lens of social context and neglecting doctrinal investigation, thereby overlooking the role of law as an independent, stable system that promotes social stability and affirms existing rights and investments. “I am very honored to receive the AALS prize,” said Fraley. “With the competition encompassing all fields of law, the award is particularly exciting. It is also wonderful to have the AALS providing a forum where I can share my work. Property and legal history are not always headline-making fields, so it is a particular pleasure to have both the recognition of my work and the opportunity to share it.” Fraley received a Fulbright grant for the 2014-15 year, which she spent in Ireland conducting research on the development of property law in colonial Scotland and Ireland. Her research on England’s colonization of Scotland and Ireland explores how Great Britain transported its own property law system as it expanded to other territories, including North America. Fraley is working on a book manuscript titled “The Tragedy of the Wastes: A History of Least-Valued Properties and the Making of Nation-States in Eighteenth Century North America.”

Professor Victoria Sahani Appointed to Advisory Council for Legal Funding Association The Alliance for Responsible Consumer Legal Funding (ARC) has appointed Professor Victoria Sahani to its advisory council. The council provides leadership and advises the trade association and its members on matters pertinent to the consumer legal funding industry. Consumer legal funding, sometimes referred to as third-party funding, is a new method that plaintiffs involved in legal disputes use to finance the cost of litigation. In exchange for a share of the litigant’s future settlement award, investors give a lump sum to a plaintiff for the immediate relief of financial burdens, such as medical bills and legal fees. Sahani is one of the leading voices researching third-party funding, a constantly evolving and sometimes controversial issue. The relationship among the funder, client and attorney can create conflicts of interest or erode the control the plaintiff has over the legal proceedings. Her most recent research suggests additional structures and regulatory models that can help resolve such issues in order to preserve what has become 6

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a valuable tool for those who lack the financial resources to pursue a legal claim. Sahani is an expert on domestic and international dispute resolution procedures, including civil procedure, negotiation, mediation, domestic arbitration, international arbitration and investment treaty arbitration. She has written extensively on third-party litigation funding in both domestic and international dispute resolution, including a book titled “Third-Party Funding in International Arbitration.” Sahani is a member of the editorial committee for the forthcoming 2015 Benchbook on International Law published by the American Society of International Law (ASIL). She is also a member of the Academic Council of the Institute for Transnational Arbitration (ITA), made up of the top academics in the field of international arbitration from around the globe, and the Task Force on Third-Party Funding jointly organized by the International Council for Commercial Arbitration (ICCA), which is the premier international commercial arbitration policy and membership organization, and Queen Mary University of London. Sahani served for five years as deputy director of arbitration and ADR in North America for the International Court of Arbitration of the International Chamber of Commerce (ICC). She previously served as an adjunct professor at Fordham Law School. Prior to joining the ICC, Sahani served as an associate with Pillsbury Winthrop Shaw Pittman LLP, where she specialized in complex tax credit and municipal bond financing arrangements for affordable housing and community development real estate transactions, as well as matters involving American Indian tribes. In the aftermath of Hurricane Katrina, she traveled to New Orleans in January 2006 to assist the Washington Lawyers’ Committee for Civil Rights Fair Housing Project with two housing discrimination claims.

Class Notes 1955L

Richard W. Hudgins presented a paper titled “Censorship at the Met Opera: The Death of Klinghoffer” to the opera class at Old Dominion University.

1980L

William R. Goodell is COO of the hedge fund firm Partner

Fund Management. He was COO at Maverick Capital until the end of May. He lives in San Francisco.

James P. Osick, after 35 years of practicing law, has retired.

He had a wonderful career as a lawyer — 20 years with Seyfarth Shaw and 15 years with Tribune Co. (now Tribune Media Co.).

Neil J. Rowe is president and CEO of the Monroe County

Bar Association, in Rochester, New York, and is also an adjunct instructor of management at Keuka College. Previously, he spent 32 years with Mental Hygiene Legal Service for the Appellate Division, Fourth Judicial Department, serving 25 years as deputy director.

1982L

Thomas Y. Savage is a substitute judge for the general

district courts and the juvenile and domestic relations district courts of the 15th Judicial Circuit of Virginia. He will serve in this capacity for six years for the City of Fredericksburg and throughout the Northern Neck of Virginia.

1983L

The Hon. Jacqueline F. Ward Talevi is teaching law at

Virginia Western Community College and Radford University, in addition to being chief judge of the general district court. At VWCC, she is teaching criminal law and introduction to courts. Her classes at Radford University are courts and the criminal process and forensic law. She lives in Roanoke.

1984L

Kevin R. Rardin has been an assistant district attorney in

Memphis, Tennessee, for 31 years. He is the senior prosecutor for the Shelby County Veterans Treatment Court. After retiring from the Army Reserve, he joined the Coast Guard Auxiliary in 2012 and served as an assistant district staff officer for legal affairs for the auxiliary’s 8th Western River District.

1985L

Robert W. Ray is co-chair of Fox Rothschild’s white-

collar-compliance and defense practice group. He handles white-collar criminal defense matters, corporate governance and compliance issues, internal investigations and general litigation, including civil RICO and commercial fraud.

1986L

Alice Sacks Johnston joined Schnader Harrison Segal &

Lewis LLP in its Pittsburgh office and is a member of the litigation department and product liability practice group.

Law alumni and students had an impromptu W&L luncheon at the 2015 National Asian Pacific American Bar Association Convention in New Orleans. This year, the keynote speaker was Sen. Mazie Hirono (D-HI), the first Asian American female elected to the U.S. Senate and the only person of Asian ancestry currently serving in the Senate. Also in attendance were numerous judges from around the country, including Judge Raymond Chen of the U.S. Court of Appeals for the Federal Circuit, and other

elected officials, including Sean Reyes (R), attorney general of Utah, and Mark Keam (D), member of the Virginia House of Delegates. Around the table, clockwise from center front: Sarah Shyr ’09L, Catherine Lee ’17L, Charu Kulkarni ’18L, Hengyi Jiang ’17L, Joy Lee ’12L, Sarah Choi ’12L, Alexandra Hausui ’18L, Emily Bao ’17L and SahangHee Hahn ’09L. Not pictured: Sara Sakagami ’06L, Shani Else ’09L, Brian Lyew ’16L and Jun Yong Ahn ’17L.

1993L

1997L

Margaret Oertling Cupples, managing partner of Bradley Arant Boult Cummings LLP’s Jackson, Mississippi, office, was elected to a one-year term as chair of the Mississippi Bar’s Appellate Practice Section.

Nancy E. Hannah is a founding chair of the Transitioning

Lawyers Commission, which received a 2015 NABE LexisNexis Community & Educational Outreach Award from the board of directors of the National Association of Bar Executives.

1995L

Shelley W. Coleman is listed in the 2016 edition of The

Best Lawyers in America in the field of Workers’ Compensation Law — Employers. She is a partner in Hedrick Gardner Kincheloe & Garofalo’s Charlotte, North Carolina, office, where she defends businesses, insurance carriers, employers and individuals. She also heads Hedrick Gardner’s appellate advocacy team.

1996L

Michelle Glover Foy works in real estate development in the city attorney’s office in Norfolk, Virginia.

Kristin L. Ray has been promoted to associate general counsel for commercial transactions for the Home Depot. She lives and works in Atlanta.

W. Brantley Phillips, Jr., of Bass, Berry & Sims PLC, is a

member of the 2015–2016 class for Leadership Tennessee, an initiative of Lipscomb University’s Nelson and Sue Andrews Institute for Civic Leadership.

1998L

Christina E. Hassan has rejoined Katten Muchin Rosen-

man LLP as partner after serving as senior vice president and associate general counsel of Morgans Hotel Group, a boutique hotel operator headquartered in New York. She practices in the commercial real estate area, with a focus on transactions in the hospitality and lodging industry.

1999L

Molly Kling Crowley was named partner at Rush, Hannula, Harkins & Kyler. The personal injury law firm is located in Tacoma, Washington.

2000L

Danielle Smith Kise is the city attorney for Bristol, Tennes-

see. She works for the Supreme Court of Virginia as a magistrate for Washington County. She previously served as a senior director/associate general counsel for Pfizer Inc. and as an associate attorney for PennStuart. Kise was also a visiting assistant professor of law at the Appalachian School of Law.

Robert I. Stolzman received the Rhode Island Bar As-

sociation’s Dorothy Lohmann Community Service Award for his exemplary service to the Jewish Orphanage of Rhode Island (Camp JORI). The award honors lawyers who make noteworthy contributions in time and effort to a Rhode Island non-profit organization on a strictly voluntary, non-paid basis.

1988L

Louise Phipps Senft and William W. Senft ’88L pub-

lished “Being Relational.” Based on over 20 years of experience in mediating conflict, the book is a collection of teachings that focuses on what happens in human interaction. The Senfts outline a full spectrum of attitudes and methods needed to increase well-being and create lasting positive change for individuals, their families, their workplaces and the planet. More information is available at BeingRelational.com.

1990L

Nanette C. Heide received the Cheryl Bryson Leadership

Award from the Duane Morris Women’s Initiative. The award is given to female attorney leaders who have made significant contributions to the professional development and advancement of women lawyers. Heide is a partner in Duane Morris’ New York office, where she focuses on corporate and securities transactions and general corporate counseling. She is a member of the W&L Law Council.

1992L

Christina Gratke Nason joined Quintairos, Prieto, Wood

& Boyer PA in its Dallas office, after the law offices of Hermes Sargent Bates in Dallas closed in May 2015.

Celebrating admission to the bar of the Supreme Court. Front row, l. to r.: Lethia Hammond ’11L, Carrie Bowden Freed ’03L, Dean Brant Hellwig, Melissa McClellan ’05L and Julie Arrington ’11L. Back row, l. to r.: Andy Lee ’90L, Lisa Manning ’08L, Kevin Rardin ’84L, Paul Schrader ’07L and Scott Patterson ’71L.

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Gabe P. Wright is co-chair of the litigation practice group

at Hahn Loeser & Parks LLP, in San Diego, with an emphasis on complex business, commercial and insurance issues, real estate matters and class action litigation.

2001L

Bryan C. Barksdale joined YETI Coolers as general counsel in Austin, Texas.

2002L

John S. Buford joined Hancock, Daniel, Johnson & Nagle PC as a complex business litigation attorney in Richmond.

Scott B. Gregerson, former CEO of ValleyCare Hospital, is president of Stanford Health Care-ValleyCare, after a merger of the two organizations. The hospital is located in the East Bay’s growing Tri-Valley region of Pleasanton, Livermore and Dublin, California.

2003L

Meredith A. Galto serves as an assistant professor and

Weddings

Christina L. Harrison ’11L to Patrick Murphy, on June 6, 2015, in Nantucket, Massachusetts.

Kellie M. Hill ’13L to Michael J. Humphries ’13L, on May 7,

2015, at Amelia Island, Florida. Kellie is a complex civil litigation attorney specializing in commercial construction defect and delay claims. Michael is assistant vice president, claims counsel, at Fidelity National Financial. The couple reside in Jacksonville, Florida.

director of academic success at Temple University Beasley School of Law.

Herman J. Hoying joined the Ad Astra Law Group LLP in

San Francisco, where he focuses on business and commercial litigation.

Henry C. Leventis accepted a position prosecuting

white-collar and economic crime at the U.S. attorney’s office in Nashville.

E. Job Seese is working at Chipman Glassman LLC in

Denver after many years with DLA Piper. He lives in Aurora, Colorado, and is looking forward to new chapters in his legal career and otherwise.

2004L

F. Paul Pittman practices in data privacy and security, in-

tellectual property, digital media and complex litigation in the Washington, D.C., office of Baker & Hostetler LLP.

2005L

T. Todd Egland joined Belden Blaine LLP in Bakersfield,

California, focusing on complex business litigation, bankruptcy litigation and employment litigation.

2006L

Douglas Dua ’13L and Lis Juterbock ’06, ’12L were married on July 12, 2014, in Far Hills, New Jersey. Many Generals joined

in the celebration, including Alex Sugdza ’13L, Steve Harper ’12L, Chris Salmon ’06, Hank Johnson ’13L ,Richard Juterbock ’68, Clayton Spann ’69, Ben Riggs ’06, Corbin Blackford ’07, Price Blackford ’73, Melissa Clarke ’06, Karlyn Gold ’06, Becky Weintz ’06, Alli Foley ’06, Lindsey Polloway ’06, Amy McCamphill ’06, Clark Barrineau ’06, Erin Barrineau ’06 , Alex Michev ’13L, Mina Azodi ’06, Elyse Moody ’07, Jon Ferro ’13L, Tiffany Todd ’06, Garrett Greiner ’13L, Rockwell Bower ’13L, Jamie Marr ’13L, Meg Nerino ’13L, Trent LaLima ’13L, Amy Conant ’10 ’13L, Hanna Jamar ’12L, Chloe McDougal ’13L, Alexandra Price ’12L, Steve Holland ’13L, Kim Streff ’13L, Marianne Zawadzki ’12L, Evan McQueen ’06, Mike Furlano ’13L, Jen Hendricks ’13L, Chris Bou Saeed ’13L, Dr. Kate Norby ’06, Robbie Clarke ’06 ’11L, Emerald Berg ’13L, Katie Gray ’13L, Mary Katherine Clarke ’12L, Rae Mueller ’12L, Lily Reynolds ’12L, Jake Triolo ’12L and Lance Person ’13L.

Marshall B. McLean joined U.S. Trust, Bank of America

Private Wealth Management, as senior vice president and a private client advisor, in New York City.

2008L

Bridget L. Fay is a commercial contracts lead attorney

at GE Healthcare in its commercial operations division, writing and managing contracts for nuclear products. She was elected to the Alumni Council for Tufts University, her undergraduate alma mater.

Lauren Widdecombe Frame is senior staff counsel,

labor relations and employment practices, for The Hertz Corp. in Florida.

P. Tyler Johnson joined Paratus Law Group PLLC.

Previously, he worked for the U.S. Patent & Trademark Office, where his focus was construction and manufacturing systems, devices and techniques. He is particularly interested in the evolution of the automobile. He lives and works in Herndon, Virginia.

Aaron P. Judell received an Emmy Award from the

National Academy of Television Arts & Sciences. He and several of his coworkers on “CBS This Morning” won in the category of Outstanding Technical Team at the 42nd Annual Daytime Creative Arts Emmy Awards. Judell has been working in various audio capacities at CBS News for the past seven years.

Whitney R. Travis joined W.J. Bradley Mortgage Capital LLC as associate compliance counsel in its Denver office.

2009L

Michael P. Duffy is an associate at Partridge Snow & Hann LLP. He lives in the Hartford, Connecticut, area with his family.

2010L

George B. Davis joined McGuireWoods LLP as an associate in its Richmond office.

Evan M. Feinman was appointed by Gov. Terry McAu-

liffe as executive director for the recently created Virginia 8

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Tobacco Region Revitalization Commission, which changes the way the state allocates its money from the national tobacco settlement. Previously, he served as deputy secretary of natural resources and as deputy policy director for the governor’s post-election transition team.

Sarah E. Mielke is a foreign service officer at the U.S. Department of State, in Washington, D.C.

Lauren Fisher White joined Christian & Barton LLP in

Richmond as an associate in the labor and employment and litigation departments. She focuses on employment issues and managing resulting litigation in federal and state courts and before administrative and regulatory bodies.

2012

Anthony Flynn is the executive director of the Congres-

sional LGBT Equality Caucus. Prior to this position, he designed and implemented a campaign to create a broad coalition to support the creation of the LGBT Section. Under his leadership, the Executive Council created an attorney referral network for low-income LGBT litigants and a mentoring program for new attorneys and law students.

2013L

Benjamin M. Koopferstock joined Banner & Witcoff Ltd. as an associate in its Washington, D.C., office.

Minjae Lee is in-house counsel at LG CNS, part of LG Corp. in Seoul, Korea.

Daniel L. Welsh is an assistant public defender at Virginia

Indigent Defense Commission. Previously, he was a law clerk for Judge Franklin, Judge Ludwig and Judge Ricketts at the 25th Judicial Circuit of Virginia.

2015L

Lindsey K. Jones is an associate at Ropes & Gray LLP, in Washington, D.C.

Marc F. Mignault joined Shuman, McCuskey & Slicer PLLC as a civil litigation defense attorney. He represents businesses and individuals in insurance, retail and hospitality, construction and governmental entities. He lives in Charleston, West Virginia.

Births and Adoptions

Christopher W.K. Fetzer ’10L and Lindsey Brown Fetzer ’10L, a son, Jackson Dalton, on April 6, 2014. Chris is a member of Dentons’ public policy and regulation practice in its Washington, D.C., office. Lindsey works for Bass, Berry & Sims and was named a 2015 Washington, D.C., SuperLawers Rising Star for white-collar criminal defense.

Obituaries

Ethelbert S. Roby Jr. ’40L, of Kenbridge, Virginia, died July

24, 2015. He operated the family farm and Roby’s Farm Store. Active in civic affairs, he served on the executive committee and as president of the Farmers Cooperative Fertilizer Plant and on the boards of the Bank of Lunenburg and the South Central Fair. He belonged to the town council and served as mayor from 1949 to 1954. He was father to Ethelbert S. Roby III ’70 and belonged to Pi Kappa Phi.

The Hon. Warren H. Edwards ’39, ’41L, of Greenwood,

Merchant Cash & Capital, a small alternative lender.

Florida, died May 6, 2015. A retired Marine Corps colonel, he served in World War II with the 1st Marine Division in Guadalcanal. He served as Orange County solicitor, presiding judge of the Criminal Court of Orlando and as a circuit judge of the 14th District Court, Florida. He was great uncle to George D. Johnson III ’05 and Susanna P. Johnson ’06. He belonged to Kappa Alpha.

Meghan E. Flinn is an associate at K&L Gates, in Washing-

Jack F. Hankins ’50L, of Martinsville, Virginia, died April 20,

2014L

William G. Beecher is the legal and compliance officer of

ton, D.C., in its government enforcement group.

2015. He served in the Navy during World War II and received numerous awards. He was a partner in the law firm Broaddus, Epperly and Hankins and was active in many community groups.

James C. Lee ’51L, of Chattanooga, Tennessee, died July 19,

2015. He served in World War II in the Army Combat Engineers in the Pacific Theater and was among the first units to occupy Japan. He practiced law for 50 years, most recently for Campbell & Campbell. He belonged to Sigma Alpha Epsilon.

Donald W. Mason ’51L, of Cumberland, Maryland, died

Feb. 6, 2015. He served in the Coast Guard during World War II. He began private law practice in Cumberland and served as administrative assistant to State Senate Minority Leader Robert B. Kimble in the Maryland legislative for five sessions. He also served as trial magistrate for Allegany County and police magistrate for the city of Cumberland. For Allegany County, he served as deputy state’s attorney and as state’s attorney.

Donald R. Miller ’53L, of Allentown, Pennsylvania, died

June 23, 2015. During World War II, he served in the Marine Corps in the Pacific. He worked for Firestone Tire and General Motors and later Mack Trucks. He served on many boards, including as president and campaign chairman of the United Way and president of the Muhlenberg College Board of Association, and he served with the L.V. Airport Authority. He was the founding president of the Burn Foundation and former Lehigh County commissioner and chair.

Joseph P. Kilgore ’54L, of Amherst, Virginia, died Aug.

14, 2015. He served in the Army as a Specialist 3rd Grade for the 64th Tank Battalion. He owned Amherst Reality and Insurance Co. and practiced law in Amherst. He served as assistant trial justice in Amherst County and judge in the town of Amherst. He was uncle to James D. Settle ’68 and cousin to Donald E. Earls ’71L.

Milton T. Herndon ’56L, of Huntington, West Virginia, died

June 27, 2015. He was a commissioned second lieutenant in the 145th Anti-Aircraft Battalion, 45th Division, U.S. 8th Army in the Korean War and was promoted to first lieutenant. He joined Campbell, Woods, Bagley, McNeer, Emerson and Herndon, where he served as managing partner. He was voted Best Lawyer in West Virginia in Wills, Trusts and Estates for more than 20 years. He was father to Thomas K. Herndon ’89.

The Hon. Patrick D. Sullivan ’54, ’58L, of Indianapolis,

Indiana, died Oct. 1, 2015. He served two years in the Navy during the Korean War. He served both county and state courts in Indiana and was the longest-serving judge in the court of appeals in Indiana. He served on the board of directors for the Indianapolis Indians minor league baseball team. Sullivan belonged to Sigma Chi.

Richard G. Anderson ’57, ’59L, died on Sept. 16, 2015, in

Daleville, Virginia. He served the Judge Advocate General’s Corps, U.S. Army Reserve, and was promoted to captain. He was vice president of his class and a member of Phi Delta Phi legal fraternity. He worked at the family law firm in Annapolis, Maryland, and was active in a number of civic and historic preservation organizations in Maryland and Virginia. He belonged to Pi Kappa Phi and was brother to Marvin Anderson ’53, ’55L.

The Hon. Thomas D. Frith Jr. ’59L, of Blacksburg, Virginia,

died on Aug. 17, 2015. He served in the Army in Korea. He had his own law practice in Blacksburg and was a district judge for the 27th Judicial District, later serving as chief district court judge. He was father to Dan Frith III ’82L and grandfather to Bo Frith ’10, ’15L and Davis Frith ’13.

Paul Bargamin III ’60L, of Richmond, died on June 16, 2015. He served in the Navy in an early-warning squadron in the Pacific. He worked for Travelers Insurance.

F. Wainwright Barnes Jr. ’65L, of Mitchellville, Maryland, died on March 15, 2015. He belonged to Delta Tau Delta.

William M. Garrison ’65L, of Green Valley, Arizona, died July 8, 2015. He served as president of Technology Ventures Inc., CEO of several start-up companies and treasurer of Raychem Corp.

Brian J. Curtis ’66L, of Woburn, Massachusetts, died on

Aug. 30, 2015. He worked for New England Merchants Bank and taught night school at the Middlesex Community College.

Richard E. Israel ’67L, of Annapolis, Maryland, died July

20, 2015. He worked for the Congressional Research Service of the Library of Congress and for the Maryland Department of Legislative Reference as counsel to the Senate Committee on Constitutional and Public Law. In 1978, he became an assistant attorney general in Annapolis. He was active in numerous civic organizations.

W&L Trustee Emeritus Thomas Hal Clarke Sr. ’38L Dies at 101 Thomas Hal Clarke Sr., an emeritus member of Washington to his portfolio the duties of copyright trustee (along with and Lee University’s Board of Trustees and a 1938 graduate Paul Anderson and Herbert Elsas) of “Gone with the Wind,” of W&L’s School of Law, died on Nov. 1, in Atlanta. He was succeeding his law partner Stephens Mitchell, who was the 101. He had been an attorney with the Atlanta firm Mitchell, brother of Margaret Mitchell, author of the 1936 bestseller. Clarke, Pate and Anderson and a copyright trustee of “Gone Clarke served his profession in several bar associations, With the Wind.” including a term as Devoted to his president of the Atlanta alma mater, Clarke Bar Association and served on the Law president of the Old Council (1973–1976), Warhorse Lawyer’s as vice president and Club. He chaired the treasurer of the Alumni corporate section of the Board (1970–1974) and American Bar Assoon the Board of Trustees ciation and served as (1975–1984). He and section delegate to the his wife, Mary Louise House of Delegates. Hastings Clarke, gave He helped found the generously to W&L, esInternational Bar Assopecially to the School of ciation Building Society Law, over several capital Committee and served campaigns. The W.O. as its chairman. DuVall Fund, which supClarke’s civic service ports law scholarships, included the Atlanta honors Clarke and two Historical Society (presother W&L alumni. ident and chairman), T. Hal Clarke ’38 (left) with David Partlett, former dean of the the Atlanta branch of After obtaining his Law School, and Nan Partlett at Clarke’s home in Ireland. bachelor of laws from the English Speaking At the time, Clarke and his wife, Mary Louise, were in the W&L, where he beUnion, the Ansley Park process of restoring the grounds and garden of the estate. longed to Delta Tau DelCivic Association and ta fraternity, he studied the Board of Visitors of for a diplomatic career Emory University. at the Mannix Walker He and his wife, School of Foreign Service and worked at the U.S. Consulate Mary Louise Hastings Clarke, owned and restored Kilfane General in Toronto, Canada. During World War II, he joined House, a historic property in Ireland’s County Kilkenny. He the Navy, undergoing officer’s training at Princeton University belonged to the Kilkenny Archeological Society, Friends of St. and serving as communications officer on the U.S.S. LST-373 Canice’s Cathedral, the Tulleherin Heritage Society, Kilfane in the European Theater, including at Normandy on D-Day. Church and the Kilfane Handball Club, which sponsors the The end of the war found him in the judge advocate general’s Hal Clarke Cup. office in Shanghai, China. Clarke is survived by his wife of 64 years, Mary Louise Following the war, he established the Atlanta law firm Hastings Clarke; his son, Hal Clarke Jr. ’73, ’76L, and daughof Clarke and Anderson, later called Mitchell, Clarke, Pate ter-in-law, Nan Clarke ’76L; his daughter Katie Clarke Hamiland Anderson and then Mitchell, Clarke, Pate, Anderson and ton and son-in-law Bill Hamilton; his daughter Becky Clarke Wimberly. Clarke practiced real property and savings and Morrison and son-in-law Ralph Morrison; eight grandchilloan law. In 1969, President Richard M. Nixon appointed him dren (including Charlie Clarke ’05, Robbie Clarke ’06, ’11L the Democratic member of the Federal Home Loan Bank and Clarke Morrison ’12); and two great-grandchildren. His Board, in Washington, D.C. other W&L relatives are great-niece Aria Allan ’12, ’16L and In 1973, he returned to Atlanta and his law firm. He added distant cousin Penn Clarke ’13L.

“I just wanted to take a minute to thank you for your generous donations. We all here really appreciate it. Your generous giving is an enormous benefit to the university. The strength and closeness of the alumni at W&L is one of the reasons I have really enjoyed my time here so far.” —Austin Woodside ’18L “Thank you for your donation. I am here because of kind gifts like yours. Without your donations, students cannot afford this great place. We value our alumni and donors and attempt to make you proud through our efforts here.” —Luke Stone ’16L

Jerome E. Kelly ’74L, of Alexandria, Virginia, died on Sept.

19, 2015. He was deployed to Vietnam and received the Bronze Star for Valor with an Oak Leaf Cluster and a Purple Heart. He was a member of the Judge Advocate General’s Corps, with tours of duty in Virginia and with U.S. forces in Seoul, Korea. He was a civilian employee with the Department of the Army at Ft. Belvoir, Virginia.

Debra T. Yarbrough ’77L, of Orlando, Florida, died July 30,

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the newsletter from washington and lee university school of law law.wlu.edu

Washington and Lee University School of Law 204 W. Washington Street Lexington, VA 24450-2116

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P o s t a g e

P e r m i t No. 78 R o a n o k e , Va

Robert E.R. Huntley, Former Law School Dean and President of W&L, Dies at 86

obert Edward Royall Huntley ’50, ’57L, president of W&L from 1968 to 1983, died on Dec. 10, 2015, in Lexington. Huntley served the university as the dean of its Law School from 1967 to 1968; as a professor of law from 1958 to 1968; and as the secretary of the Board of Trustees and legal advisor to the university from 1966 to 1968. “We have lost one of W&L’s most important and beloved figures,” said President Kenneth P. Ruscio ’76. “President Huntley made innumerable and invaluable contributions as a student, as an alumnus, as a member of the faculty and administration, and as the president. He personified our highest values of civility and integrity, and was able to articulate and explain those values with eloquence and force. He was indeed a Washington and Lee legendary figure.” As a law professor, “Bob Huntley was probably the smartest teacher I ever had,” said Ike Smith ’57, ’60L in “Come Cheer for Washington and Lee: The University at 250 Years.” “He was the most naturally intelligent man I ever knew. He’d bring out the best in you and explain the law and the reasoning behind the law as well as any man I ever listened to.” The 20th president of W&L, Huntley was the first and only alumnus to be inaugurated as president in the 20th century. When he was named president on Jan. 3, 1968, he was 38 years old. While he was president, Huntley officiated over changes to the curriculum: the 1968 elimination of Saturday classes; the 1969 revision to degree requirements, the first major change since 1937; and, in 1970, the first revision to the calendar in almost 50 years, when the faculty established two 12-week terms and a six-week spring term. The undergraduate population jumped by 20 percent, and the curriculum grew to more than 450 courses. He also oversaw the changing composition of the student body. The first African-American graduated from the Law School in 1969, and three years later, the first two African-Americans followed on the undergraduate side. In 1970, W&L

began an exchange program with the neighboring women’s colleges, and in 1972, the first women enrolled in the Law School. The appearance of campus changed as well during Huntley’s time. In 1977, Sydney Lewis Hall replaced Tucker Hall as the home of the Law School. That same year, the addition of Warner Center enlarged Doremus Gymnasium. In 1979, Leyburn Library opened, and the former library, McCormick, became headquarters of the Williams School of Commerce, Economics, and Politics. Huntley also shepherded renovation and construction of residence halls. The Davidson Park apartments came down and the Reeves Center opened. During Huntley’s tenure, W&L established the Office of University Development and undertook its first substantial capital campaign, which raised $67 million. Rector James M. Ballengee ’48L called him “the most outstanding president of Washington and Lee since Robert E. Lee.” The student newspaper, the Ring-Tum Phi, wrote that “he was able to handle both the academic and financial crises of this school with precision” and “never lost sight of the value of the liberal arts education.” The Lexington News-Gazette thought he had presided over the university “with brilliance, with humor and with a refreshing lack of pomposity.” Huntley expressed his thoughts about education in his 1981 Commencement address. “Education gives us power, a kind of power we can get in no other way: power over ourselves,” he said. Huntley is survived by his three daughters and three sons-in-law, Martha and Dyer Rodes of Nashville, Tenn.; Catherine (Katie) and James McConnel of Mount Crawford, Va.; and Jane and John Duncan of Staunton, Va.; by six grandchildren, Huntley Elizabeth Rodes ’07, Sarah Catherine Rodes ’11, Jordan Elizabeth McConnel ’10, Robert Huntley McConnel, William Colin Whitmore and Cole Huntley Whitmore. He was uncle to Robert Huntley ’75. His brother was the late Dr. Benjamin F. Huntley III ’46. His wife, Evelyn Huntley, died in 2010. To read Huntley’s full obituary, please visit go.wlu.edu/huntley-obit.