2018 WVU LAW Magazine

WEST VIRGINIA UNIVERSITY COLLEGE OF LAW | SPRING 2018

UNMASKING THE APPALACHIAN MYTH Can we bring about transformative change in Appalachia?

ALSO INSIDE:

WVU LAW CLINICS 77 percent of the Class of 2018 works in a WVU Law clinic — our students are making a positive impact.

GANDHI: ATTORNEY AT LAW

AN EYE-OPENING EXPERIENCE

Professor Charles DiSalvo looks at a defining moment in Gandhi’s legal career.

Professor Alison Peck brings a global prospective to WVU Law.

EMPOWERING THE FUTURE. WVU Law is a member of the Leadership Council on Legal Diversity (LCLD), a national organization dedicated to creating opportunities for minority law students. The partnership offers students exclusive access to mentors and internships. Founded in 2009, LCLD is a group of more than 285 corporate chief legal officers and law firm managing partners.

Learn more at law.wvu.edu/lcld.

CONTENTS FEATURES

DEPARTMENTS

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3 4 8 10 14

When the Law Taught Gandhi the Value of Truth Gandhi’s early life in the law

24 34

Leading the Charge

How students are making an impact in the WVU Law clinics

Viewfinder College Highlights By the Numbers Student Briefs

44 46 48 53

Thinking Globally Young Alum College Development Donor Report

Faculty Briefs

Unmasking Regional Myths

The case for transformative change in Appalachia

Happy 140th Birthday, WVU College of Law

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Snapshot

WVU Law opened its doors in 1878 as the University’s first professional school. Classes were held in New Hall, known today at Woodburn Hall.

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SPRING 2018 E. Gordon Gee President, West Virginia University Joyce E. McConnell Provost and Vice President for Academic Affairs Sharon Martin Vice President, University Relations and Enrollment Management

ADMINISTRATION Gregory W. Bowman Dean, College of Law Gregory G. Elkins Associate Dean for Administration and Finance Atiba R. Ellis Professor of Law Joshua P. Fershee Associate Dean for Faculty Research and Development Kendra H. Fershee Associate Dean for Academic Affairs

EDITORIAL STAFF James H. Jolly Director of Marketing and Communications Chelsi Baker Communications Specialist Kathy Deweese Director-University Content

ART DIRECTION University Relations — Design Sheree Wentz, Multimedia Specialist

PHOTOGRAPHY University Relations — Communications Jennifer Shephard, Photo Manager M.G. Ellis, Senior Photojournalist Brian Persinger, Photojournalist

EDITORIAL OFFICE WVU College of Law 101 Law School Drive P.O. Box 6130 Morgantown, WV 26506

A Letter from the Dean Hello from the Mountain State, We hope you will enjoy this latest issue of WVU LAW Magazine. We particularly hope you will appreciate the in-depth articles that illustrate the breadth of our scholarship, research, and service at WVU Law. In February, the West Virginia Law Review hosted a two-day symposium focused on solutions for the region’s challenges, with presentations by more than 80 experts from around the country. This issue of the magazine contains an article in the spirit of the symposium’s focus on Appalachian Justice. In this piece, two of my WVU Law colleagues reveal some of the truths about Appalachia and debunk some of the commonly held misconceptions about our region.

After all, Appalachia’s challenges are the country’s challenges. West Virginia University is proud to be an Appalachian land-grant institution that exists to serve the state, region, and nation. The College of Law plays a critically important role in that mission.

The second major piece in this issue is about our law clinics. Our law clinics provide the region with valuable pro bono legal services. I call the clinics the “backbone of the college” because they help us fulfill our obligations to prepare our students to be client-ready, and they serve the community at large. In 2017, we marked the 40th anniversary of the clinics. While that provided us with a good opportunity to reflect on the positive impact our clinics have had over the decades, this magazine also gives us the opportunity to highlight recent projects and cases.

The third major piece in this issue is an excerpt from the book “M.K. Gandhi, Attorney at Law: The Man Before the Mahatma.” The author is our very own Charles DiSalvo, the Woodrow A. Podesta Professor of Law. This year marks the fifth anniversary of the book’s release in the United States by the University of California Press. Chuck chose an excerpt for this magazine that deals with “truth” — always an important and highly relevant topic.

The remainder of this issue of WVU LAW Magazine includes stories on a global-minded professor, a young alumnus who works in energy law, and significant gifts by important donors who will make a positive impact on legal education for years to come. We also highlight some of the great accomplishments of our students and faculty.

It’s a great time to be on Law School Hill in Morgantown! I hope this magazine captures some of our vibrancy and energy as we strive to be a regional law school with a national voice.

Phone: 304-293-5301 Fax: 304-293-6891 wvulaw@mail.wvu.edu

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Gregory W. Bowman On the cover: In turn-of-thecentury Appalachia, coal interests actively recruited ethnically and culturally diverse workers, the legacy of which persists today.

Dean, WVU College of Law WVU is an Equal Opportunity/Affirmative Action Institution – Minority/Female/Disability/Veteran.The WVU Board of Governors is the governing body of WVU. The Higher Education Policy Commission in West Virginia is responsible for developing, establishing, and overseeing the implementation of a public policy agenda for the state’s four-year colleges and universities. WVU is accredited by the Higher Learning Commission. Many WVU programs hold specialized accreditation. (119444)

Viewfinder

Commencement 2017

M.G. Ellis

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Elizabeth Stryker, Laura Richmond, and Kayla Stickley Reynolds gathered for one last photo before graduating from law school. Almost a year later, Reynolds is with Shuman, McCluskly & Slicer in Charleston, West Virginia, focusing on general insurance defense; Richmond is in Charlottesville, Virginia, preparing for that state’s bar exam; and Stryker is an attorney with Steptoe & Johnson in Morgantown, practicing in insurance and professional liability litigation.

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College Highlights

SPRING 2018

M.G. Ellis

Distinguished Recognition

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The WVU College of Law has once again earned distinguished recognition from The National Jurist and preLaw Magazine.

The publications selected WVU Law one of the best schools in the country — ranked sixth — for public interest law and a Best Value Law School — with a grade of A-.

“Using the law in public service is a cornerstone of legal education at WVU,” said Gregory W. Bowman, dean of the College of Law. “It is our privilege to be a leader in public interest law as we prepare our students to help the underrepresented and underprivileged.”

Last summer, 20 WVU Law students worked in the state’s public interest agencies, such as Legal Aid of West Virginia and Mountain State Justice.

The College’s Best Value score places it higher than 160 other law schools approved by the American Bar Association.

The grade is based on bar passage and employment rates, tuition, cost of living, and average student debt at graduation.

“WVU Law’s consistent recognition as a Best Value Law School, shows just how deeply committed we are to providing students with affordable, high quality legal education that leads to meaningful careers,” said Bowman.

White-Collar Forensic Justice LL.M. WVU Law has launched the nation’s only Master of Laws (LL.M.) degree in forensics for white-collar crime.

The LL.M. in White-Collar Forensic Justice is designed for lawyers seeking expertise in financial fraud and forensic accounting. The 14-month online program, beginning in August, is a collaboration between WVU Law and the WVU Department of Accounting.

“By offering this LL.M. degree online, we are providing an opportunity for lawyers across the country to develop their skills in a highly valued area of the law,” said Gregory Bowman, dean of the College of Law. “Attorneys who have specialized training in fraudulent financial practices will have an edge in the workplace and the courtroom.”

Students in the program will learn in-depth legal skills for examining financial fraud from professors

with experience in law and forensic accounting.

The curriculum is designed to provide lawyers with foundational expertise in white-collar crime that is transferrable between careers.

“White-collar criminal lawyers work on some of the most sophisticated cases,” said Jena Martin, director of the LL.M. program and a former attorney with the Securities and Exchange Commission (SEC). “Being able to analyze and interpret complex accounting evidence will give them the advantage they need to win.”

Martin says the LL.M. in White-Collar Forensic Justice is beneficial in a variety of career paths, including corporate in-house counsel, individual representation, commercial litigation, and federal agencies such as the SEC and the FBI.

Autumn Long, of Solar United Neighbors of West Virginia, addresses the National Energy Conference.

the Union of Concerned Scientists; Susan Packard LeGros of the Center for Responsible Shale Development; Walton Shepherd ’13 of Natural Resources Defense Council; and Henry Love of the American Jobs Initiative.

“WVU and the College of Law are involved in efforts to assist our state,” said Gregory Bowman, dean of the College of Law. “We have committed to a comprehensive project called West Virginia Forward to develop short-term, large-impact, large-scale projects that will boost the state’s economic development efforts.

In terms of energy, there is a lot to be done.”

The sixth annual National Energy Conference at WVU was hosted by WVU Law’s Center for Energy and Sustainable Development and the Appalachian Stewardship Foundation.

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The emerging energy economy is an opportunity for West Virginia to diversify its economy.

That was the prevailing message from national experts who gathered at WVU Law for the sixth annual National Energy Conference in October.

According to James Van Nostrand, director of WVU’s Center for Energy and Sustainable Development, the U.S. energy industry is undergoing a significant transformation as it copes with the changing economics of electricity production and the availability of lower cost and renewable energy sources.

“Large and small-scale consumers, the environmental community, and regulators have an increased expectation that electricity should come from more environmentally responsible and less carbon-intensive extraction and production processes,” Van Nostrand said. “West Virginia has a long history of meeting the country’s energy needs and, with some balanced planning, that does not need to change.”

The energy conference featured national experts from industry, public policy organizations, environmental groups, and academic institutions. They addressed the range of energy options available to utility companies in addition to coal, including natural gas, wind, and solar power.

Panelists also explored issues such as the low-carbon economy, minimizing the environmental impact of mining and extraction, and “clean energy” jobs.

Among conference presenters were Sarah Forbes of the U.S. Department of Energy; Aimee Curtwright of Pardee RAND Graduate School; Jim Fawcett of Appalachian Power; Thomas Minney of The Nature Conservancy; Mark Wenzler of the National Parks Conservation Association; Jeremy Richardson of

Chelsi Baker

Exploring Energy Opportunities

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College Highlights

Esteemed Visitors on Law School Hill Bill Powell and Lara Omps-Botteicher

(1) Bill Powell ’85 and Lara K. Omps-Botteicher ’12 were among the guest speakers for a Careers in Criminal Law panel in February. Powell is the U.S. Attorney and OmpsBotteicher is the Assistant U.S. Attorney for the Northern District of West Virginia.

Hugh Collins

(2) Oxford University law professor Hugh Collins delivered the annual C. Edwin Baker Lecture for Liberty, Equality and Democracy in October. He addressed the impact of fundamental human rights on legal disputes between companies or private individuals, particularly in cases of contract, tort, and property law.

Elliott Portnoy

(3) Elliott Portnoy (center), the global chief executive officer of the world’s largest law firm, Dentons, visited WVU Law in the fall. The Morgantown native discussed trends and issues in international law and business with several student leaders.

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Adam Swensek

(4) Adam Swensek discussed the removal of Confederate monuments for the annual Charles L. Ihlenfeld Lecture on Public Policy and Ethics in October. Swensek is chief deputy city attorney for the City of New Orleans. He successfully argued the city’s case in the United States Fifth Circuit Court of Appeals and the Louisiana Supreme Court for removing four Confederate monuments.

Lisa Pruitt

(5) Professor Lisa Pruitt of the University of California Davis School of Law spoke about white socioeconomic disadvantage at the Appalachian Justice Symposium, which was hosted by the West Virginia Law Review in February.

Marilyn McClure-Demers

SPRING 2018

(6) Marilyn McClure-Demers ’91 (center, standing), vice president and associate general counsel for Nationwide Mutual Insurance Company, recently held a roundtable discussion with students on diversity in the legal profession. McClure-Demers is a Fellow on the Leadership Council for Legal Diversity.

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Photos by Chelsi Baker

By the Numbers

MAKING AN IMPACT WVU College of Law faculty and students are at the top of their fields, presenting at national conferences, publishing national articles, and working to further themselves and others. For the latest news and accomplishments at the College, visit law.wvu.edu.

309

College of Law Total Enrollment

109

SPRING 2018

Class of 2020

8

49%

Female

23%

Out-of-State Residents

3.31

Median GPA

153

Median LSAT

52

Undergraduate Institutions Represented

NATIONAL RECOGNITION #2 Law School for Greatest Community Impact — National Jurist (2017) Top 50 Best Law School for Lowest Student Loan Debt — Student Loan Hero (2017) Best Law School for Environmental Law — preLaw Magazine (2018) Best Law School for Public Interest Law — preLaw Magazine (2016, 2017) Best Law School for Criminal Law — preLaw Magazine (2016) Best Value Law School — preLaw Magazine (2015, 2016, 2017)

COLLEGE STATISTICS WVU College of Law

78%

92%

Bar Passage

Bar Passage

(First-time, July 2017)

National Average

Employment Rate for Class of 2016

70,414

2.9

$

Pro Bono Outreach and Service Hours (2016-17)

10

Student:Faculty Ratio (Top 50 in the Country)

72.4%

(Long-term, Bar Passage Required/J.D. Advantage Jobs)

(Three-year)

Student Part-time Externships (Spring 2018)

76.5%

20

Million Awarded in Financial Aid

Public Interest Advocates Summer Fellows (2017)

Presentations Nationally by Faculty Since Summer 2016

3

Dual Degree Programs

Articles Published Nationally

by Faculty Since Summer 2016

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Student Briefs

Chelsi Baker

Jessup Team Reaches Quarterfinals

The WVU Law team of 3Ls Katie Hutchison and Jamie Crestfield and 2Ls Karissa Blackburn, Jaclyn Murdock, and Ben Maxson made it to the quarterfinals of the 2018 Jessup International Moot Court Competition in Washington, D.C. On their way, they defeated teams from George Mason,

Richmond, and Temple before falling to the University of Pennsylvania. Simulating an argument before the International Court of Justice, the problem this year involved issues of international arbitration, unmanned underwater spy drones, nuclear disarmament, and armed conflict.

Leading the Way

SPRING 2018

Gutta is SBA President Carmen Antony Gutta ’18 is the 2017-18 president of the WVU Law Student Bar Association and a student attorney in the Veterans Advocacy Law Clinic. He has worked as associate law clerk at MedExpress in Canonsburg, Pennsylvania, and he clerked in the U.S. District Court for the Northern District of West Virginia.

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Isaac Named Next Generation Leader Candice Isaac ’18 has been selected a Next Generation Leader by the American Constitution Society (ACS). Each year, ACS selects a small group of students from its nearly 200 chapters to be part of the program. Students chosen have demonstrated a commitment to ACS engagement and strong leadership qualities.

Trump Leads Law Review Rebecca Trump ’18 is serving as editor-in-chief of Volume 120 of the West Virginia Law Review. She is a former summer associate with Steptoe & Johnson PLLC and has also worked for Senator Shelley Moore Capito (R-WV).

Wallace is Student of the Year Finalist Ryan Wallace ’18 was named a finalist for 2018 Law Student of the Year. He is among just 20 student leaders from across the country recognized by The National Jurist for significantly contributing to their law school and community. He is a two-time PIA Summer Fellow, a student attorney in the Land Use and Sustainable Development Law Clinic, and the first WVU student to serve on the Morgantown City Council.

Chelsi Baker

Environmental Law Moot Court Results

Lauren Payne ’19 and Zach Szkolnik ’18 advanced to the quarterfinal of the 2018 National Environmental Law Moot Court Competition at Pace Law School in White Plains, New York. They eventually fell to the University

of California, Berkeley, School of Law. Along the way, Payne and Szkolnik earned Best Oralist honors in their bracket. The competition problem focused on the Clean Water Act.

Barnhart ’17 Argues at Fourth Circuit Kylie Barnhart ’17 argued a case at the United States Court of Appeals for the Fourth Circuit last spring. A member of the U.S. Supreme Court Law Clinic, Barnhart was chosen by her peers to deliver the oral argument for

clinic client Anthony Martin. Martin, who is incarcerated, brought First Amendment retaliation, equal protection, and due process claims against an official in the South Carolina Department of Corrections.

Lugar Cup Results employer’s liability action concerning the death of an employee of a pipeline testing corporation. The team argued against fellow 3Ls Chase Farmer and Nathan Wagner in the final round before the Hon. John Preston Bailey of the United States District Court for the Northern District of West Virginia.

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Last year, David Hancock ’17 and Kayla Stickley ’17 overcame Elizabeth Stryker ’17 and Wes Prince ’17 to win the 2017 Lugar Cup. The murder case involving a law enforcement officer was argued before the Hon. Jack Alsop of the Fourteenth Judicial Circuit of West Virginia.

This year, Maximillian Nogay ’18 and Ron Walters ’18 won the 2018 Lugar Cup. The case involved an

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Student Briefs

Submitted by Bailey & Glasser LLP

Mock Trial Team Competes in Pittsburgh

(left to right) Chase Farmer ’18, Travis Prince ’11, Tyler Cottrill ’18, Zack Gray ’18, and Nathan Wagner ’18.

This spring, the Bailey & Glasser LLP Mock Trial Team competed in the 55th Annual Academy of Trial Lawyers of Allegheny County Mock Trial Competition in Pittsburgh.

They won a successful jury verdict while gaining valuable

experience trying a case in federal court before a sitting Pennsylvania appellate judge. The team was coached by Bailey & Glasser attorneys Greg Haddad ’91 and Travis Prince ’11.

SPRING 2018

National Legal Writing Award Winner

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Jaden Rhea ’18 is a recipient of the Burton Distinguished Legal Writing Awards for Law Schools. She is one of just 10 law students from across the country to receive the award. Winners display exemplary writing skills and

a mastery of the law and their chosen subject matter.

Rhea was honored for her article Highway to Hell: The Privatized Prison Transportation Industry and the Long Road to Reform (120 W. Va. L. Rev. 203, 2017).

Chelsi Baker

Baker Cup Results

This year, Allyson Chandler ’19 (pictured below) won the 2018 George C. Moot Court Competition and Mitch Moore ’19 was the runner up. The problem involved gender-based employment discrimination under Title VII. The judges were the Hon. Stephanie Thacker, the Hon. Frederick Stamp, the Hon. Dwane Tinsley, the Hon. Michael Aloi, and the Hon. Frank Volk.

Chelsi Baker

Last year, Chase Farmer ’18 (pictured above) won the 2017 George C. Moot Court Competition (the Baker Cup), edging out Ron Walters ’18, in the final round judged by the Justices of the Supreme Court of Appeals of West Virginia. The problem was a Fourth Amendment issue about using cell phone (cell-site) location information in a criminal investigation.

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Faculty Briefs

Chelsi Baker

Wilson Wins Faculty Scholarship Award

Tax law professor Elaine Wilson received the College’s 201617 Significant Scholarship Award.

She won the in-house award for her article Cooperatives: The First Social Enterprise, which will be published by the DePaul Law Review (66 DEPAUL L. REV., 2017). In the article, Wilson addresses the challenges faced by philanthropic organizations that pursue solutions to social problems by funding for-profit business.

According to Wilson, charitable values and economic benefits can be pursued at the same time with a cooperative business structure. She notes that several states have recently developed organizational models, such as low-profit limited liability entities and benefit corporations, that are designed to give profit to investors while spending money on charitable causes.

Wilson joined the WVU Law faculty in 2012 and heads the tax law curriculum. She earned her J.D. from Boston University.

SPRING 2018

Weishart Honored by WVU Foundation

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Professor Joshua Weishart received the Award for Outstanding Teaching from the WVU Foundation in 2017.

He was one of just six WVU faculty to receive the honor, which recognizes professors who go above and beyond to inspire their students.

Weishart uses a variety of techniques to engage his students and challenge them to build for themselves the connections between abstract legal rules and real-world application.

A faculty member since 2012, Weishart holds a dual appointment in the WVU Rockefeller School of Policy and Politics and the College of Law. He specializes in education law and policy, particularly on issues of school finance, integration, and special education. His scholarship on educational equality and adequacy and the right to education has been published in the Stanford Law Review and Alabama Law Review.

Oliva Selected a Bellow Scholar Jennifer Oliva, associate professor of law and public health, is the first WVU professor to be selected a Bellow Scholar by the Association of American Law Schools (AALS).

The two-year Bellow Scholar Program recognizes and supports the research projects of clinical law teachers seeking to improve the quality of justice in communities, to enhance the delivery of legal services, and to promote economic and social justice.

Director of the Veterans Advocacy Law Clinic, Oliva is conducting interdisciplinary research to help veterans released from prison return to society and lead productive lives. As a Bellow Scholar, she is required to present her work at AALS conferences and workshops throughout the country.

So far, Oliva has presented at the 40th Annual Conference on Clinical Legal Education in Denver, Colorado, and at the annual Bellow Scholar Workshop at New York University Law School. She is scheduled to present her pilot project findings at the 41st Annual Conference on Clinical Legal Education in Chicago, Illinois.

Since her selection as a Bellow Scholar, Oliva also has written a law review article, Son of Sam, ServiceConnected Entitlements, and Disabled Veteran Prisoners, which is forthcoming in the George Mason Law Review.

The article calls for the repeal of the federal statute that strips disabled, justice-involved veterans of their serviceconnected benefits.

M.G. Ellis

Taylor Named Professor of the Year

“Excellence in serving your clients comes primarily from hard work, and love for what you are doing is what enables you to embrace that work,” he said. “A sense of duty and a strong will can make you a good lawyer, but only love for your work and belief in what you are doing will make you the best lawyer you can be.”

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The WVU Law Class of 2017 voted John Taylor, the Jackson Kelly Professor of Law, Professor of the Year.

In his remarks delivered at last year’s commencement, Taylor advised the graduates that the world pays a lot of attention to talent, but talent alone does not make a good lawyer.

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Faculty Briefs

Fershee Participating in Shale Gas Regulatory Project Joshua Fershee, associate dean for faculty and research and development, is a co-investigator on a $1.26 million shale gas project with the WVU Center for Innovation in Gas Research and Utilization. He will develop a legal and regulatory framework to maximize benefits and minimize risks from shale gas development “As West Virginia’s experience with coal taught us, extraction is not enough,” said Fershee. “We must

coordinate our efforts to develop the right legal and regulatory framework so that WVU’s continuing advances in gas utilization science can help attract and retain the sustainable downstream and up-thevalue chain industries that will boost the economic infrastructure vital to the future of West Virginia, while protecting the environment and supporting the jobs our state desperately needs.”

Faculty and Staff Milestones PROMOTIONS AND TENURE

APPOINTMENTS Amy Cyphert Lecturer in law

Valena E. Beety

Alison Peck

Professor of Law

Director of the Immigration Law Clinic

Director of the West Virginia Innocence Project J.D., University of Chicago Law School

Director of International Programs Leslie Riggin Senior Events Coordinator Heather Spielmaker Assistant Dean for Career Services Sherry Steadman

Jesse J. Richardson Professor of Law Lead Land Use Attorney

Technical Services Coordinator (Law Library) Samantha Stefanov Office Administrator

J.D., University of Virginia

RETIREMENTS Thomas C. Cady Professor of Law James A. McLaughlin Elaine Waterhouse Wilson Professor of Law

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J.D., Boston University

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Robert L. Shuman Professor of Law Margaret Obuch Senior Events Coordinator Katherine Slavic Project Coordinator

EARN YOUR LL.M. ON YOUR OWN TERMS. With the WVU College of Law’s LL.M. program, you can shape the future you want — on your own terms. To learn more, visit law.wvu.edu/llm.

ENERGY AND SUSTAINABLE DEVELOPMENT LAW – MORGANTOWN Expertise in energy and environmental law and policy.

FORENSIC JUSTICE: WHITE COLLAR – ONLINE

Expertise in forensic accounting and fraud examination.

FORENSIC JUSTICE – ONLINE

Expertise in DNA and scientific evidence.

Wikimedia Commons

M.K. Gandhi as a lawyer in South Africa, 1906.

When the Law Taught Gandhi the Value of Truth WRITTEN BY CHARLES R. DISALVO, WOODROW A. POTESTA PROFESSOR OF LAW

Most people know who Mahatma Gandhi was — the spiritual and political leader of India’s 20th century nonviolent revolution for independence from British rule. Today Gandhi’s ideas about nonviolence fuel revolutions against dictatorships around the globe. Gandhian nonviolence has resulted in the overthrow of dictators in Serbia, Tunisia, and Egypt.

Until recently, most people had been unaware that Gandhi developed his practice and philosophy of nonviolence in a 20-year career at the bar. Few people knew that the person who later became “the Mahatma” first represented the Indian community in South Africa during a time when whites oppressed all nonwhites there. As the only Indian lawyer in South Africa, it fell to Gandhi to use the law to defend his community — an experience that led to nonviolent resistance.

Thanks to Professor Charles DiSalvo’s groundbreaking book, “M.K. Gandhi, Attorney at Law: The Man Before the Mahatma,” the world now has a far more complete picture of Gandhi. Gandhi’s grandson has called the book “a landmark,” while reviewers have noted that the book, now in libraries around the world, “is the most important addition to the Gandhi literature in some time.” This year marks the fifth anniversary of the book’s publication in the United States, by the University of California Press. It should also be noted that 2018 is the 70th anniversary of Gandhi’s assassination.

The issues that Gandhi confronted as a lawyer are as current as today’s headlines.

We present here a brief excerpt from the book that deals with a quality much in the news today — truth. What follows is an excerpt that recounts a pivotal episode in Gandhi’s lifetime project of integrating his work with his morality.

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Naval History and Heritage Command SPRING 2018

Steamship from the late 19th – early 20th century.

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AN INFLUENTIAL TIME

WHO WRONGED WHOM?

In September of 1895, at a mass meeting sponsored by the Natal Indian Congress and attended by upwards of 1,000 people, Gandhi announced his intention to make a trip to India to promote the South African Indian cause and to bring back more Indian barristers to Natal to assist in the effort. It was also his desire, now that he “had established a fairly good practice”, to “go home, fetch [his] wife and children, and then return and settle out there.”

Before he could go, however, this still-developing lawyer would first pass through an experience that would not only add several critical attributes to a growing portfolio of professional and personal characteristics, but also answer the question of whether his professional behavior would be consistent with his personal morality. Just a few weeks after the conclusion of the straightforward Roberts and Richards vagrancy case, Gandhi would be tested by the most complex, difficult and public case of his young career.

Of his time in Durban Gandhi would later write that “[p]ractice as a lawyer was and remained for me a subordinate occupation.” There is reason to doubt this recollection as a general proposition and there is very good reason to doubt it was the case in April of 1896.

Dada Abdulla and Company, one of Gandhi’s major clients, counted among its wide business interests a steamship line that carried both freight and passengers between Natal and India. The previous year the company was in the market for someone to captain one of its ships, the S.S. Courland, when it settled on James Matthew Adams. Adams accepted Dada Abdulla and Company’s offer of £16 per month and took charge of the ship on August 19, 1895.

Adams captained the ship from Bombay to Durban without incident or complaint from his employer. On the return trip a series of incidents occurred that caused the company to lose faith in Adams. When Adams anchored in Bombay, the company fired him. The captain believed he had been mistreated. On his return to Durban, Adams went to the law offices of Farman and Robinson where he hired Ernest Farman to sue the company for £413, representing damages for wrongful discharge and reimbursement of sums spent in the operation of the ship. Gandhi, representing the corporate defendant, filed an answer as well as a counter-claim for £453.

The case went to trial in April and consumed parts or all of eight days stretching out over several weeks. During this time Gandhi had to deal with three very specific challenges: a difficult legal problem, ridicule heaped on him by his opponent and the public, and a hostile judge. His response to these challenges would help form both the man and the lawyer.

Wikimedia Commons

Gandhi (center) in front of his law office, Johannesburg, South Africa, 1905.

RUPEES AND POUNDS It was the company’s central argument that Adams had attempted to cheat the company. The ship captain had submitted a bill in Bombay for the provisions he purchased for the Courland, a bill calculated in Indian rupees. When the company attempted to pay the bill presented by Adams in Bombay, he inexplicably refused the company’s offer of payment. He then traveled back to Durban and submitted a higher bill there. This second bill was higher than his Bombay bill and was calculated in pounds at an exchange rate that was unfavorable to the company. The company refused to pay this second bill.

From Gandhi’s perspective, the question of what the company owed Adams was the battleground issue in the case.

In aid of his argument that the company was not obligated to pay the second, inflated bill, he desired to take evidence from witnesses who were outside of Natal. To do this, he needed two things: time and the permission of a higher court.

At the conclusion of the plaintiff’s case-in-chief, Gandhi obtained an adjournment of the proceedings from Magistrate John Parker Waller so that he might apply to the Durban Circuit Court for leave to gather evidence outside the colony. Mr. Chief Justice Gallwey, sitting as the judge of the Durban Circuit Court, refused Gandhi’s application on the

grounds that the Supreme Court had ruled that there was no authority for granting such applications and the Circuit Court was not about to contravene a ruling of the Supreme Court. When Gandhi pointed out that an identical order had been granted recently in another case by Mr. Justice Wragg sitting as a Circuit judge, “[h]is Lordship enquired if the case was reported in the Law Reports, and on being told that it was not, observed that it was not worth reporting.” The press noted that this remark was followed by applause by those present in the courtroom. Adding to this humiliation, Gallwey ordered Gandhi to have his client pay the other side’s costs in the application hearing.

When the trial of Adams’ claim resumed before Magistrate Waller on April 15, Gandhi asked for another adjournment for the purpose of appealing Chief Justice Gallwey’s ruling to the entire Supreme Court bench. Waller was incensed. He told Gandhi that the company knew nothing about the shipping business and that its sole intent was to bring Adams, his wife and his children to ruin.

An angry Waller then made Gandhi an offer: he would permit an adjournment only on the condition that the company keep Adams on its payroll for the six months Waller expected Gandhi’s appeal would take. Gandhi, generally a skilled negotiator, began to accept Waller’s proposition, but not without his own condition: “We are willing to keep him with the proviso that if the judgment is given against him — ” Waller cut him off. “There must be no proviso.”

Waller’s dislike of the defendant then boiled over uncontrollably. He recalled the statements of the company’s representatives that it provided no more than a shilling a day per passenger for food and excoriated Gandhi’s client: “I would like to see ... any respectable shipping agent in Durban go into that witness box and say anybody could feed firstclass passengers at that small figure, when some £45 was charged for first-class passengers to England.”

Gandhi begged to differ, explaining that the shilling was for food only and that the company incurred separate costs for fuel, stewards and other expenses. This was Farman’s cue to join the court in mocking Gandhi’s client. He “would like to live on land for that sum,” said Farman, a sentiment with which Waller agreed.

Gandhi would not relent. Actually, Gandhi countered, it would be easy to keep a passenger fed for as little as six pence a day. Then Gandhi moved for an adjournment yet again. “Denied,” said Waller, undoubtedly exasperated with Gandhi’s persistence. “We will resume testimony on Saturday.” And with that Waller rose and left the bench.

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WALLER’S QUESTION

SPRING 2018

When Saturday arrived, there was Gandhi — again asking for an adjournment. This time he came to court equipped with an affidavit “to show that it was impossible for the defendants to substantiate their defence or support their claim in reconvention [their counter-claim] without the evidence of parties now out of the Colony.” Waller, not believing his own ears that Gandhi was applying once more for an adjournment, asked Gandhi rhetorically, “You want me to sit on my own decision?”

When Gandhi explained how the evidence would provide a basis for a judgment for his client, the Magistrate was, surprisingly, interested enough to make an inquiry.

“By how much did the two accounts differ?” “£204,” said Gandhi, explaining that Adams’ bill jumped by that much from the time he submitted it in Bombay to the time he submitted what should have been the same bill in Durban. “Why didn’t you settle the account in Bombay, then?” asked Waller. “Because Adams refused to do so,” replied Gandhi.

Then, as Gandhi started to read the affidavit aloud to the court, Waller turned on Gandhi again, repeatedly interrupting him to make fun of the minor technical mistakes Gandhi had made in the affidavit. Gandhi was not able to finish reading it to the Court, because Waller again interrupted to chastise Gandhi and his client for allowing the case to come to court in the first place. Then Waller confronted Gandhi with these words: “Have you read your shipping law?”

The courtroom must have fallen perfectly silent as all heads turned to see how Gandhi would respond to this bold and accusatory question.

In fact, Gandhi had not read his shipping law, an uncharacteristic failure of preparation on his part. In the time between the question and Gandhi’s answer, what were the thoughts racing through Gandhi’s mind? “I could lie and attempt to bluff my way through the remainder of the trial or I could tell the truth and take the consequences.” Gandhi cast his lot with the truth.

“No.” ...

Given Waller’s oft-expressed sentiments that the company had mistreated Adams, it was no surprise at all that Waller found that Adams had been improperly

22

dismissed. He awarded him the damages he sought, £96, representing 6 months of salary.

The issue that was open was the question of the rate at which Adams should be reimbursed for supplying the ship with its provisions. Because this item constituted the single largest item of damages in Adams’ case the parties were undoubtedly anxious about what Waller would decide. Here is what the Magistrate wrote: The charge made by the plaintiff for victualling ... rendered to the defendants in February differs from the charge made by him at Bombay on the 15th January. ... I have carefully considered the point and have come to the conclusion that the plaintiff cannot alter the charge in the manner in which he has done. I ... will reduce the amount of the victualling charges by £141 5s.

To get out-of-colony testimony, Gandhi had applied for adjournment after adjournment. When his efforts failed, he used the testimony of the witnesses he was able to call to paint the best picture he could of Adams’ chicanery. Even without being able to take the testimony of all the witnesses he felt he needed on this issue, Gandhi had prevailed on the key issue in the case. After Adams’ damages were offset by what Waller ruled Adams owed the company on the counter-claim, the final amount of damages to which Waller found Adams entitled stood at just over £237, just slightly over half of what Adams had claimed he was owed. Gandhi had prevailed in the biggest issue of the trial and even had won a bit of his counterclaim. Because of his doggedness, he had kept Adams’ damages to the smallest amount reasonably possible under the circumstances of the case. Of the many traits Gandhi took from his law practice to his independence work in India, tenacity was one of the foremost.

But not the only one.

Toughness was another. He had persevered against insult and ridicule from the Court. He had managed not to be discouraged by the applause from those present at trial when he was humiliated by the Magistrate. And he had stood toe-to-toe with Farman.

All this time he never took his eye off the central issue in this case. And when he prevailed on that issue, he did so without surrendering one other defining characteristic that would remain important to him for the rest of his life.

TRUTH The proceedings in Adams concluded in late May. Just a few days later, on the morning of Friday, June 5, 1896, Mohandas K. Gandhi arose at his house at Beach Grove to the most remarkable sound. It was the noisy buzz of a crowd of some 500 Indians, led by several of the most influential Indian merchants, there to escort Gandhi to the water’s edge on this the day of his departure for India.

As Gandhi boarded his ship, the Clan Macleod, loud, wild cheering erupted. What were Gandhi’s thoughts as he stood on deck, watching this tumultuous sight fade into the distance?

It was surely a time for taking stock. His first thought might have been of one of his most recent experiences — the Tuesday night gathering at the new Congress Hall where an enormous crowd had gathered to toast him. In response to the cheers he received from those present, he had stood on his feet before the assembly and delivered a speech that lasted two hours — a physical and intellectual feat of some substance. Could this have been the same Gandhi who nearly collapsed from fright in his first court appearance in India?

And surely some of his experiences at the Durban bar came to mind. In later years, Gandhi spoke, thought and wrote more passionately about the truth than any other subject. His unswerving allegiance to truth was one of the pillars of both his personal and political philosophy. In the 1920s, he would write in My Experiments with Truth, his autobiography, “My uniform experience has convinced me that there is no other God than Truth. ... The little fleeting glimpses ... that I have been able to have of Truth can hardly convey an idea of the indescribable lustre of Truth, a million times more intense than that of the sun we see daily with our eyes.”

What had Gandhi learned about the truth from his practice of law in Durban?

Percy Coakes, the man Gandhi chose for his first partner and inevitable mentor, prevaricated and, largely for that reason, was humiliated, chastised and suspended from his practice — all in the full, glaring eye of the Natal press and public. What did Coakes’ unprincipled behavior say about his law partner? As any human being would, Gandhi must have asked himself how Coakes’ troubles reflected on his own probity — and the public’s estimation of it. As an Indian barrister, one of a kind, he already drew an unusual amount of attention. From the beginning, he knew he needed to be above reproach if he were to successfully represent the Indian community in South Africa. Now, he must have thought, if he did not act to counter the injurious effect of Coakes’ suspension on his own reputation, his entire effort for Indian rights could be irreparably ruined.

Gandhi’s first fully public opportunity to distinguish himself from Coakes was undoubtedly fresh in his mind. It arose in the Adams trial when Magistrate Waller focused Gandhi’s attention on a single, sharp question. “Have you read your shipping law?” demanded Waller in a case that was all about shipping law.

“Have I read my shipping law?” Gandhi stood alone in a public courtroom, with reporters from the Natal papers scrutinizing his every move, being forced by the judge to make a fundamental choice about who he was, as both a man and a lawyer. He could say he had not read it and show himself to be embarrassingly unprepared or he could claim that he had and find Coakes reborn in himself.

Gandhi’s answer would help set his life’s direction.

“No.” Gandhi chose the truth and never let it go.

Published in India in 2012, “M.K. Gandhi, Attorney at Law,” is the first biography of Gandhi’s early years as a lawyer. Remarkably, no one had conducted in-depth research of his early life in the law — and how it helped shape his inspiring principles — until WVU Law professor Charles DiSalvo. The U.S. edition was published in October 2013.

Professor DiSalvo is the Woodrow A. Potesta Professor of Law. An award-winning professor, he teaches one of the few law school courses in the country on civil disobedience — inspired by Gandhi and others. He is also an expert on bioethics and the law, civil procedure, and trial advocacy.

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SPRING 2018

24 M.G. Ellis

LEADING THE CHARGE “

[the clinics are] the backbone of the law school.”

– greg bowman, dean of the college of law

77%

work in clinics

The clinics are at the core of WVU Law’s commitment to preparing students for their careers and serving the public in areas of need. They provide unparalleled legal experiences for law students and much-needed pro bono legal services for clients.

Greg Bowman, dean of the College of Law, calls the clinics “the backbone of the law school.”

This year, 77 percent of the Class of 2018 work in the clinics. As a whole, they are on track to provide more than 54,000 pro bono hours valued at $4.1 million.

Forty years since its founding, the Clinical Law Program has reached the point where any student who wants to work in a clinic can do so. Consequently, the clinics now serve more clients across more areas of the law than ever before.

54,000 HRS pro bono hours

$4.1 M

pro bono value LAW.WVU.EDU

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WVU LAW CLINICS Since its founding in the 1976-77 academic year, the Clinical Law Program has provided more than 640,000 hours of pro bono legal service to more than 2,000 clients. Along the way, the program has helped train more than 1,000 law students to be client-ready.

SPRING 2018

Today, the nine areas of clinical law embody the education and service role of the College of Law.

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litigation and advocacy

child and family advocacy

(general practice)

with medical-legal partnership

entrepreneurship and innovation

immigration

innocence project

land use and sustainable development

taxpayer advocacy

united states supreme court

veterans advocacy

Visit law.wvu.edu/clinics to learn more about our clinics.

BUILDING A DIVERSIFIED AND KNOWLEDGE-BASED ECONOMY

HELPING COMMUNITIES SURVIVE AND THRIVE Five years ago, the Land Use and Sustainable (LUSD) Law Clinic was established at the College. Under the direction of Katherine Garvey, its mission is to provide legal services to local governments, landowners and nonprofit organizations to develop land conservation strategies and practices.

Early on, staff attorneys in the clinic identified a strong need throughout the state for comprehensive plans. With public and local government input, comprehensive planning determines a community’s goals and aspirations. Once adopted, a plan and its policies can be a road map to prosperity.

One such case involves the neighboring communities of Montgomery, Smithers, and Gauley Bridge in southern West Virginia.

After WVU Tech relocated from Montgomery to Beckley, the three cities became worried about their economic outlook, and they turned to the LUSD Law Clinic for help.

The Clinic helped the cities establish planning commissions and then began work on comprehensive plans that addressed areas such as tourism, infrastructure and transportation. The plan also identified other problems, including dilapidated buildings, and offered long-term solutions.

At the same time, the government in nearby Gauley Bridge was dealing with zoning issues in its downtown and expressed a need for its own comprehensive plan.

This provided the LUSD Law Clinic with a unique and complex opportunity: create the state’s first regional comprehensive plan.

When completed, the strategic comprehensive plan will encompass the entire Upper Kanawha Valley (UKV), including Montgomery, Smithers, Gauley Bridge, and unincorporated communities in Fayette and Kanawha counties.

“What we kept hearing from residents in public meetings is that a lot of the assets and the challenges in their communities are similar, and they showed interest in having some kind of regional plan so they could work together,” said Jesse Richardson, a land use attorney with the clinic.

The UKV comprehensive plan project is set for completion by the end of 2018. After that, the LUSD Law Clinic will continue to work with the municipalities and

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For several years, the Entrepreneurship and Innovation Law Clinic (EILC) has provided pro bono services to a variety of clients, including start-ups and nonprofits, in the public and private sector. The EILC’s ultimate goal is to help diversify and expand West Virginia’s economy.

One such project is a partnership with Legal Aid of West Virginia on the statewide Community Economic Development Law (CEDLaw) Project.

A grant from the West Virginia State Bar’s Interest on Lawyer Trust Accounts is providing funding to Legal Aid for fellows who are part of the EILC. The EILC Fellows provide legal services to new entrepreneurs and community organizations throughout the Mountain State. Each will work for two years and offer foundational training and ongoing technical assistance on business-related topics including licensing, forming a limited liability company, qualifying for nonprofit status, and protecting intellectual property.

EILC director Priya Baskaran serves as the project’s legal counsel, providing the fellows with training and ongoing technical assistance to help them best meet their clients’ needs.

The legal support and training the EILC Fellows provide is expected to help create jobs, support community development, and benefit low-income individuals and nonprofit groups who work to address poverty.

The current EILC Fellows are Paul Sheridan ’84, Philip Pham ’17 and Samuel “Raymie” White ’08.

The EILC also works closely with WVU entrepreneurial research projects. One such client was IstoVisio, Inc., a start-up company operating through the WVU Health Sciences Innovation Center.

The firm’s founders are Michael Morehead, a graduate of WVU’s Ph.D. programs in Computer Science and Electrical Engineering; Dr. Gianfranco Doretto, an associate professor of computer science at WVU; and Dr. George Spirou, professor of otolaryngology and co-director of the WVU Rockefeller Neuroscience Institute.

IstoViso invented a 3-D immersive virtual reality visualization system called syGlass. The product enhances the way scientists can look at and find trends in microscopic and complex data.

Before launching syGlass, IstoVisio worked with the student attorneys in the EILC. Their work set the foundation to help the firm move to the next stage of business by protecting the founders’ intellectual property and equity.

When it debuted at the Society for Neuroscience annual meeting in San Diego in November 2016, syGlass was a

success. Now, it’s being used at research institutions such as Johns Hopkins University, New York University, and the Max Planck Florida Institute for Neuroscience.

Dinsmore & Shohl LLP has since picked up where the EILC left off, providing IstoVisio with legal services as the business continues to grow.

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“

having the opportunity to see what life will be like after law school has made me even more excited to begin practicing ... i believe the work i have been able to do in the clinic will give me a leg up on other candidates after graduation, as i can say i have experience in drafting, filing, and arguing for families and children in the court room.”

SPRING 2018

– MIRIAH MILLS, CLASS OF ’18 SUPREME COURT CLINIC

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the regional planning commission to help the region move forward and thrive.

Another important aspect of the LUSD Law Clinic’s work is land preservation. In a state known worldwide for its inspiring scenery, saving that iconic landscape has a positive economic impact. To date, the clinic has preserved approximately 15,000 acres of land.

In Fayette County, the LUSD Law Clinic recently worked with the West Virginia Land Trust and the City of Oak Hill to purchase 283 acres of land. It will be the future site of Oak Hill Needleseye Boulder Park.

The new park will greatly enhance the region’s tourism industry by offering public recreational use, including hiking and mountain biking trails and miles of natural rock formations for climbers to learn and practice their skill.

3Ls Cara Torney and Claire Swauger, and 2017 graduates Charlie Russell and Kyle Maynard, played a key role in preparing all the legal and financial documents needed to make the project a realty. They also provided guidance to the West Virginia Land Trust to protect its best interests over the course of the transaction. These key roles helped them refine their skills as lawyers.

Beyond comprehensive planning and land preservation, the LUSD Law Clinic is focusing its efforts on issues such as wastewater treatment and affordable housing.

SERVING THOSE WHO SERVED West Virginia is home to more than 170,000 veterans and ranks fifth in the nation in terms of the number of veterans in the general population.

These veterans answered the call to serve their country and, under the direction of Professor Jennifer Oliva, WVU Law’s Veterans Advocacy Law Clinic is answering the call to serve them.

There is a strong demand for the Veterans Advocacy Law Clinic, which became a stand-alone clinic in 2016.

Since the fall, student attorneys in the clinic have conducted more than 100 intakes of potential clients.

They have also drafted more than 50 wills, living wills, advanced health care directives, and other legal documents for veterans.

Since fall 2017, the clinic has represented clients from 24 West Virginia counties on a wide range of civil matters from property disputes to consumer protection claims to family law-related issues.

Most recently, student attorneys in the clinic successfully settled two pending civil cases on behalf of local combat veterans.

Army National Guard and Iraq combat veteran Darryl Beaird suffered from chronic PTSD. The condition was triggered by the extreme smell of neglected dogs kept by a neighbor. The clinic filed a civil action on Beaird’s behalf against his neighbor alleging various torts, including public nuisance and trespass, and seeking a remedy. Following a court-ordered mediation, the parties entered into a confidential settlement agreement and Beaird is now able to use and enjoy his home and property.

U.S. Marine Corps recruiter and combat veteran Bobby Koerber engaged in a dispute with his landlord. The landlord failed to return Koerber’s security deposit as per the lease agreement and failed to provide an itemized cost of deductions from the security deposit within the statutory period. The clinic represented Koerber in a breach of contract civil action in Monongalia County and the parties entered into a confidential settlement that favorably resolved the matter just days before a jury trial.

Chelsi Baker

WVU Law students recently settled two pending civil cases on behalf of local combat veterans.

PROVIDING A VOICE FOR THE WRONGFULLY INCARCERATED The West Virginia Innocence Project (WVIP) is in its fifth year as a stand-alone clinic at WVU Law and operates under the leadership of its inaugural director, Professor Valena Beety.

WVIP gives student attorneys the experience of serving those incarcerated in either state or federal prison in West Virginia who have meritorious claims of innocence.

Cases tend to take years, but clinic highlights since 2012 include securing federal clemency for two clients and release and parole for two clients.

Advancements in forensic analysis, including DNA testing and arson science, can play a big role in WVIP cases.

Arson science is at the center of a current WVIP case.

Working with Baker Botts LLP in Washington, D.C., the clinic is trying to prove that their client, Charles Lively, was wrongfully convicted of murder.

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The Veterans Advocacy clinic is also involved in: • obtaining private independent medical examinations and medical doctor opinion letters for veterans suffering service-connected disabilities; • providing legal services to homeless veterans via VA CHALENG (Community Homelessness Assessment, Local Education and Networking Groups); • conducting legal intakes at veteran services events across the state, including at VA stand-downs and Operation Welcome Home job fairs; • traveling to VA hospitals to perform “pop-up” will and advance healthcare directive drafting clinics; and • covering the litigation costs of indigent veteran clients who have pending meritorious civil claims.

Not all activity of the Veterans Advocacy Law Clinic involves legal services. Student attorneys in the clinic have joined forces with their peers in the West Virginia Innocence Project to teach a civics class to veteran-inmates at the Federal Correctional Institution in Morgantown.

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CLINIC DIRECTORS Supervised by law professors, the clinical law program is structured like a major law firm so that students can gain work experience across multiple practice areas.

Chelsi Baker

Priya Baskaran

Valena Beety

Marjorie McDiarmid

Jennifer Oliva

Alison Peck

Suzanne Weise

Director, Entrepreneurship and Innovation

Director, West Virginia Innocence Project

Director, Litigation and Advocacy

Director, Veterans Advocacy

Director, Immigration

Director, Child and Family Advocacy

In 2006, Lively was convicted of first-degree murder of Dr. Ebb K. Whitley, with a recommendation of mercy, and first-degree arson. He was sentenced to a term of life imprisonment with the possibility of parole for the firstdegree murder conviction.

Lively’s conviction hinged on the testimony of fire marshals who said that he willfully and maliciously set two fires in Whitley’s house that resulted in the doctor’s death.

In 2010, the Supreme Court of Appeals of West Virginia denied Lively’s subsequent appeal. The following year, he filed a petition for habeas in the Circuit Court of McDowell County.

In this post-conviction proceeding, the prosecuting attorney hired notable fire expert Craig Beyler to examine the evidence in Lively’s case. Using the scientific method and current scientific standards for fire investigation, Beyler identified and tested hypotheses of the cause of the fire in Whitely’s home.

He determined that the fire that killed Whitley was electrical, not arson, based on burn pattern analysis.

Despite this scientifically-proven conclusion, the Circuit Court denied Lively’s petition in 2014. Subsequently, he filed a petition in the Southern District of West Virginia that was denied in September 2017, and that’s when WVIP accepted his case.

Third-year law students Marjon Stephens and Victoria Bittorf have been litigating Lively’s case under the guidance of Beety and Tom Gilooly, an adjunct clinical supervisor. They recently filed an informal preliminary brief with the U.S. Court of Appeals for the Fourth Circuit seeking a certificate of appealability.

In the meantime, attorneys with Baker Botts, LLP have offered pro bono assistance. The firm hired their own fire expert to review the case, and that expert confirmed Beyler’s findings.

The final outcome of Lively’s case is pending. Yet, if the Fourth Circuit accepts the students’ appeal, Lively may well be on his way to freedom.

LEGAL NAVIGATION FOR IMMIGRANTS

– ALEX URBAN, CLASS OF ’18 GENERAL PRACTICE CLINIC

Student attorneys in the clinic successfully represented the family in an asylum interview in Arlington, Virginia.

Over the years, the clinic has successfully argued asylum case for clients from all over the world, including Afghanistan, Egypt, Guinea, Iraq, Jordan, Nepal, Philippines, and Syria, among others. Circumstances in the cases vary, but they regularly involve religious, social, and political persecution, sometimes under the threat of death.

Students in the immigration clinic work almost exclusively in the federal system. Immigration matters are adjudicated by the Department of Homeland Security or are heard before judges in the Immigration Courts and the Board of Immigration Appeals, which are part of the U.S. Department of Justice.

Occasionally, students may represent clients before the federal appellate courts in review of agency decisions. In cases involving minors who arrived in the United States unaccompanied by an adult parent or guardian, students may be involved in guardianship proceedings in state family courts. Students in the clinic have even argued before the U.S. Court of Appeals for the Seventh Circuit in Chicago.

The current national climate surrounding immigration plays heavily into the Immigration Law Clinic’s work.

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The Immigration Law Clinic can trace its roots to an early 1990s class taught by Professor Jim Friedberg. At the urging of his international law and human rights students, Friedberg eventually established the clinic, and it has been busy ever since.

Renowned immigration attorney Robert S. Whitehill, a partner at Fox Rothschild in Pittsburgh, has advised the clinic almost since its inception. In fall 2017, Professor Alison Peck took the helm as the clinic’s new director.

In a sign of the times, one of the clinic’s first cases under Peck’s leadership was an Iraqi family.

The family is legally in the U.S. on educational exchange visas. They are members of the Muslim Sunni minority in Iraq and would face persecution for their religious views, political opinion, and social group if they were forced to return home after the termination of their visas.

“

my experiences working with indigent clients has made me passionate about helping those who would otherwise not have access to the justice system, and it has also encouraged me to seek ways i can help address poverty and empower my community.”

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The clinic is co-founding a coalition of West Virginia organizations that provide immigration law and other services to local residents.

Plans include a statewide hotline for people who have been detained by federal immigration authorities; a referral list of immigration law practitioners in the area; and education and outreach to non-citizen communities relating to emergent law and policy changes such as DACA and the Travel Ban.

The Supreme Court Clinic found that three state courts of last resort have struck down tax laws that discriminate against federal employees, but three state courts of last resort have also upheld such laws based on narrow readings of Davis. Other state courts of last resort have inconsistently ruled on related laws.

The U.S. Supreme Court is expected to rule this spring.

AMONG JUST 13 IN THE NATION

In the Child and Family Advocacy Law Clinic, students provide critical legal services to children and families of limited income to promote their health, security, and future success.

The clinic has a medical-legal partnership with the WVU School of Medicine Department of Pediatrics and WVU Medicine’s Chestnut Ridge Center, which specializes in mental health and addiction treatment for adults, adolescents, and children.

The student attorneys in clinic, working under longtime director Suzanne Weise, regularly deal with issues of family law, education, housing, government benefits, healthcare, and end-of-life planning.

The nature of this law clinic’s work is highly sensitive, and it adheres to HIPAA as well as attorney-client privilege rules.

In the hospital, students advise pediatric residents about legal problems facing their patients in the areas of child custody, adoption, education, juvenile drug court, and domestic violence.

Every year, clinic students are appointed by the family courts in Monongalia and Preston counties to serve as guardians ad litem.

Recently, students wrote a successful amicus brief at the request of the West Virginia Supreme Court concerning the proper timing for a Family Court to issue a protective order in a divorce action. The court adopted the position advocated by the clinic that such orders should only be issued upon a clear showing of abuse.

Current cases undertaken by student attorneys in the clinic include a bullying case, guardianships involving adults with special needs, adoption, and child custody.

Through Chestnut Ridge Center, the clinic is helping parents work with their children’s schools to fully develop Individualized Education Programs and 504 plans for disability accommodations.

Students are currently working on several custody cases involving parents or children with substance abuse issues. During these cases, they are also addressing ways that the clinic can help families cope with a loved one’s addiction and find appropriate treatment.

In 2011, WVU Law became the 13th law school to open a United States Supreme Court clinic.

Under the leadership of founders Lawrence Rosenberg, a partner with Jones Day, and Professor Anne Marie Lofaso, the clinic exposes students to the intense legal research, writing, and analysis required for cases destined for the highest court in the land.

For the past year, the clinic’s students have focused on an intergovernmental tax immunity case that could potentially affect millions of federal retirees around the United States.

The case is Steager v. Dawson, No. 16-0441, 2017 WL 2172006 (W. Va. May 17, 2017), petition for cert. filed, (U.S. Sep. 19, 2017) (No. 17-419).

At issue is whether West Virginia can impose a heavier tax burden on federal retirees than it imposes on state retirees who worked in similar careers. The clinic asserts that the state must tax the benefits of federal and state retirees equally if their careers were in the same fields, such as law enforcement.

The precedent was set, the clinic argues, in two U.S. Supreme Court cases: Davis v. Michigan Department of Treasury, 489 U.S. 803, 815-16 (1989), and Jefferson County, Alabama v. Acker, 527 U.S. 423 (1999).

West Virginia argues that their action is permissible as long as it only favors a specific small group of state retirees and is not a “blanket” tax policy.

At the heart of the case is James Dawson, a former presidentially appointed U.S. Marshal for the Southern District of West Virginia. Dawson was enrolled exclusively in the Federal Employee Retirement System (FERS) and he sought a tax exemption for all of his FERS retirement income, which was ultimately denied by the West Virginia Supreme Court.

Under West Virginia law, Dawson is entitled to exempt only a portion of his FERS income from his state-taxable income. On the other hand, state law allows state law enforcement retirees to exempt from tax all of their benefits from West Virginia’s retirement plans.

DEFENDING THE DEFENSELESS

HELPING THOSE IN NEED The roots of the Litigation and Advocacy Law Clinic run the deepest at WVU Law, stretching to the first clinical experiences of the 1976-77 school year. Marjorie McDiarmid, Steptoe & Johnson Professor of Law & Technology, directs the Litigation and Advocacy Law Clinic (aka the General Practice clinic).

Today, the clinic concentrates on legal services in family law (including violence protection, custody, support, divorce, and adoption), social security, and other public benefits, property issues, consumer debt relief, bankruptcy, taxation, and other cases of educational value. Students often appear in state and federal courts throughout West Virginia.

In two recent cases, students won a tax case in the U.S. Court of Appeals for the Fourth Circuit and earned a partial victory in the United States Tax Court.

Other students in the clinic are representing two clients in business-related disputes and seven clients in property matters in Circuit Court. Last fall, student attorneys in the clinic provided representation to approximately 50 domestic violence petitioners in Monongalia County Family Court. That number can run as high as 200 per year.

Since fall 2017, the clinic has provided 400 hours of investigative and advocacy services to the courts as guardians ad litem for children in custody proceedings.

Students regularly provide legal counsel and representation on a variety of issues for victims of sexual assault on WVU’s campus, working with the Rape and Domestic Violence Information Center and the WVU Sexual Assault Response Team.

Last year, the clinic filed an amicus brief on behalf of consumers in support of the West Virginia Attorney General. It argued that the state’s consumer protection law applies to landlord-tenant relationships. That brief was accepted by the Court, but the final ruling was not in favor of the Attorney General and the clinic.

Two years ago, the clinic secured federal clemency for a client, a nonviolent drug offender whose case fell under review by the Office of the Pardon Attorney at the U.S. Department of Justice.

“

working in the supreme court clinic has not only helped me strengthen my research and writing skills, but it has also increased my passion for the law. clinic work is not like regular class work. you become more driven and involved in the assignments because you are assisting in the development and presentation of real cases with real clients, and the outcome of such is based on the work that you put into it. it’s not just about you and your grade — it’s about the lives of the clients who depend on the work that you do. it’s truly a fulfilling experience.”

– MIRIAH MILLS, CLASS OF ’18 SUPREME COURT CLINIC

UNMASKING REGIONAL MYTHS The case for transformative change in Appalachia.

The following is an adaptation of a West Virginia Law Review article by Nicholas F. Stump, a faculty member of the George R. Farmer, Jr. Law Library, and Anne Marie Lofaso, Arthur B. Hodges Professor of Law. To read the full law review article on SSRN, visit bit.ly/appalachia-myth.

SPRING 2018

Appalachia has, for more than a century, been beset by an insidious, reductive, and exceedingly detrimental collective myth. As numerous scholars have established, this overarching myth conceptualizes Appalachia as an isolated region that is both demographically homogenized and culturally backwards.

Consequently, Appalachia has been essentialized as an “other America” that is not just different from but also lesser than the broader U.S. By “othering” Appalachian citizens and reifying Appalachia as natural-resource-sacrifice zone, the Appalachian myth has facilitated a century’s long fossil-fuel regional hegemony, which has wrought extensive social, political, economic, and environmental devastation.

The Appalachian myth has also obscured the need for transformative socio-legal change in the region, or change extending beyond the law per se. Such transformative change is required, however, as it targets those structural forces operating above or behind the law — namely, the fossilfuel hegemony — which nevertheless function as law in systematically subordinating the Appalachian region.

Deconstructing Appalachia’s myth — a collective project that contemporary commentators (most notably public historian Elizabeth Catte) have undertaken — constitutes a vital, nascent step in pursuing systemic reform beyond this exploitative socio-legal status quo.

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West Virginia Coal Miner, 1937

West Virginia and Regional History Center/WVU Libraries

Coal company houses, Capels, West Virginia, 1938

Library of Congress, FSA/OWI Collection, Marion Post Wolcott

Logging crew, William, West Virginia, 1903.

Library of Congress, FSA/OWI Collection, Ben Shahn

Industrial workers’ card game, Chaplin, West Virginia, 1938.

Children in a company town, Omar, West Virginia, 1935.

Foundations of Myth: 1880s–1920s The collective myth of Appalachia — that of the “other America” and a “land that time forgot” — entered the national consciousness more than a century ago. Most Appalachian Studies commentators, particularly historians Robert L. Lewis and Henry D. Shapiro, trace the origins of this myth to popular writings of the 19th century.

Stereotype-engendering literature birthed a caricature of Appalachia’s people and landscape intended to entertain the emergent urban middle class. These works, which also focused on the region’s relative isolation, would only come to be replicated and reified by subsequent authors perpetuating the myth.

By the late 19th century, this myth had already contributed to the pervasive and unjust expansion of industrial power in Appalachia. Absentee corporations, as supported by a minority of captured local elites, had succeeded in acquiring vast tracts of Appalachian land (in addition to acquiring extensive subsurface mineral rights via broad form deeds).

Acquiring Appalachian land rights was a crucial first step in developing the region. Consequently, millions of acres of land and extensive mineral and timber rights were transferred from Appalachian residents to outside capital interests.

This phenomenon created a deeply problematic corporate absentee ownership pattern in Appalachia that persists to this day. From the 1880s onwards, outside capital interests effectuated the rapid industrialization of Appalachia, achieved through railway development followed immediately by explosive growth of the coal and timber industries.

This rapid industrialization constituted a seminal historical event because it radically and permanently altered Appalachian society and culture, in addition to causing extensive, long-term environmental degradation in the region.

Most notably in terms of social and cultural disruptions, corporations established the so-called “company town” model throughout the region. Under this model, industrial-extraction companies and coal mine operators, in particular, provided crude employee housing around coal seams.

Much of the Appalachian citizenry, in addition to U.S. Southerners (many of whom were African-American) and European immigrants, migrated to these towns in search of better work and material conditions. Coal operators actively enlisted such miners, which often involved false and misleading recruitment practices.

However, all such company town migrants — “native” Appalachians and otherwise — were soon disillusioned. Turnof-the-century coal towns were owned and controlled by coal companies, creating a virtual vassal system. Miners rented company-owned homes, worked in the company’s unsafe mines, and were paid in company scrip.

Given this structural exploitation of the region’s people and natural resources, Appalachia’s subsequent “failure to develop” throughout the 20th century was not due to the deficient or even “deviant” cultural characteristics that the collective “myth of Appalachia” would have us believe.

Rather, as historian Ronald D. Eller has detailed, Appalachia’s persistent issues are directly traceable to the exploitative structural paradigm first implemented during the historic period of rapid industrialization.

Further Reification of the Myth In later decades, perhaps the prime example of the myth’s continued potency was the ill-fated 1960s War on Poverty.

This program was designed to alleviate impoverishment in the nation and in Appalachia specifically and to thus draw Appalachia toward the post-War economic growth enjoyed by the greater U.S. — that is, bring Appalachia into the liberal capitalist mainstream.

It was Lyndon B. Johnson’s administration that largely designed and implemented the War on Poverty as part of the Great Society initiative. Central War-on-Poverty legislation included the Economic Opportunity Act of 1964 (EOA) (and the accompanying Office of Economic Opportunity that was created) in addition to the 1965 act that established the Appalachian Regional Commission (ARC).

The two acts were initially designed to work in tandem: EOA would enhance “human capital” in the region (education and workforce training) while ARC initially implemented infrastructure-development programs. The thrust behind such federal legislation (often implemented through joint federal-state cooperative ventures) was that modernization would raise up socioeconomically disadvantaged communities and bring them into the mainstream.

As Eller has noted, the War on Poverty was ultimately a flawed development paradigm. While the War on Poverty was well-intentioned on the part of national policymakers, its roots in the Appalachian myth constituted a central factor in its inevitable failure. Specifically, the War on Poverty incorrectly focused on “uplifting” a “deviant” population — rather than targeting the true structural forces (the fossil-fuel hegemony) responsible for Appalachia’s complex subordination. This lack of both foresight and expansive socio-legal scope ultimately produced mere incremental changes that failed to challenge the Appalachian exploitative status quo.

By the 1970s, the War on Poverty, as such, was ended in Appalachia. Macro U.S. law and policy thereafter transitioned from welfare state liberalism to the neoliberal paradigm — which has largely involved abandonment of Appalachia through comprehensive deregulation and the purposeful dismantlement of public programs and the social safety net.

For Appalachia, the coal industry — as allied with local elites — has naturally been the prime negative actor in effectuating the region’s resource curse, which has resulted not only in pervasive ecological destruction, but also economic and cultural marginalization, as the fossil-fuel hegemony has resulted in a coal-centered mono-economy becoming endemic to the region.

As a consequence of such subordinating structural conditions, the Appalachian citizenry has continuously suffered from the vicissitudes of a non-diversified, boomand-bust economy — thus remaining one of the most impoverished regions in the nation.

Deconstructing the Contemporary Appalachian Myth The collective Appalachian myth has persisted and has continued to contribute to the region’s subordination through intersecting social, cultural, economic, and environmental dimensions.

Cultural and Demographic Diversity A singularly influential dimension of the Appalachian myth relates to the region’s racial- and ethnic-related demographics, both historic and contemporary. As Sociologist Wilma A. Dunaway has noted, the core of this myth relates to the region’s “white Scots-Irish” heritage.

However, this account is inaccurate; empirical research demonstrates that Appalachia always has been characterized by fluctuating levels of diversity. Veiling this essential fact has created, over time, a cascading series of social ills.

As a threshold matter, the cultural homogenization of Appalachia-as-Scots-Irish-whites is problematic due to the (at least) 8,000-year presence of indigenous peoples. In pre-Columbian times, a vast diversity of Native American civilizations occupied what is now known as Appalachia. With the coming of the Euro-conquest, these populations would unconscionably become much reduced. Nevertheless, Native American populations persist in Appalachia, thus contributing to the region’s present-day diversity.

Although the Spanish were the first Europeans to “discover” Appalachia in the 1500s — and it was they who “named” Appalachia after the Apalache indigenous peoples in northern Florida — the comprehensive Euro-colonization of Appalachia commenced in the post-Revolutionary War period.

Many trace the Scots-Irish myth to this early wave of colonial settlers. However, as Richard B. Drake discusses in a “History of Appalachia,” contemporary research indicates that a range of diverse peoples colonized Appalachia during this period, including Germans, English, Quakers, and French Huguenots.

So too were those of African descent, through the historical crime of slavery, transported to Appalachia at this time (and LAW.WVU.EDU

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thereafter). Slavery was widespread in southern Appalachian and beyond. Studies show that in the 18th century, the region was a fusion of European, African, and indigenous ethnic groups.

Accordingly, people of color and indigenous communities have often been rendered invisible by the false narrative of Appalachia-as-Scots-Irish-whites. This Scots-Irish myth thus facilitates the perpetuation of complex forms of race-, gender-, and class-based subordination — as so-called “Appalachian whites” are coded in a complex and insidious manner.

At the end of the 19th century — during the period of rapid industrialization — the region again experienced a dramatic influx of diverse groups due to coal-industry laborrecruitment practices. By the early 1890s, the coal industry had wholly succeeded in establishing a nascent, extractionbased regional hegemony: coal interests had acquired vast tracts of Appalachian land, embedded regional transportation modes (namely railways), accumulated the necessary capital, and surveyed all coal deposits with exacting detail.

Coal was also, by this time, extraordinarily well-poised for both U.S. and global energy market dominance, as coal had transitioned to the dominant fuel source for the Industrial Revolution. As a result, there was nearly limitless market demand for the coal, and the resource would remain essentially uncontested in the energy marketplace for decades, until petroleum and natural gas arose as prime competitors by the mid-20th century.

To secure this labor, coal interests actively recruited workers from outside the region. Many of these migrants included, first, African-American Southerners and, second, migrants representing nearly all the nations of Europe but of Southern (e.g., Italy) and Eastern Europe especially.

Turn-of-the-century Appalachia was characterized by much racial and ethnic diversity, the legacy of which persists to the present day. In Appalachia, however, as was the case elsewhere in the U.S., the advent of industrial capitalism brought with it overt and insidious forms of racial, gender, class, and nativist-based subordination.

As anthropologist Allen W. Batteau has noted, one insidious dimension of the “white Appalachian myth” pertains to “Holy Appalachia” — the contention that Appalachia is separate from (and therefore not implicated in) systemic white supremacy, as the region supposedly lacks historic or contemporary diversity. As the subordination of Appalachian Native Americans, the segregated coal camps, and later Jim Crow as operationalized in Appalachia have demonstrated, overt and structural racism have been endemic to Appalachia at least since the Euro-conquest. And, of course, racism persists — in both Appalachia and the U.S. as a whole — today.

Throughout 20th century Appalachia, fluctuations in racial and ethnic demographics would continue, particularly

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as the region has experienced rapid economic, social, and technological change. Following the period of rapid industrialization (from roughly 1880-1920), relatively few African Americans stayed in Central Appalachia. However, the populations that did remain — in addition to other groups, such as Native Americans and those who would migrate to Appalachia in subsequent decades — would contribute to the vital, present-day Appalachian racial and cultural heterogeneity.

Currently, over 25 million people live in Appalachia’s 420 counties. Minorities constitute 17.5% of the Appalachian population as compared to the U.S. average of 33.7%.

Appalachia’s median age of 40.5 years is higher than the 37.6 U.S. average, and the percentage of adults over the age of 65 (16.3%) is also higher than the national average of 14.1%.

In financial terms, Appalachia’s household income is 80% of the U.S. average ($60,525 versus $75,558), and 17.1% of Appalachians are below the poverty line compared to the 15.5% U.S. average.

Furthermore, 42% of the population is rural, versus 20% of the national population. It is therefore clear that, in key respects, there are significant demographic variations between Appalachia and the U.S. at large.

Crucially, the collective project of unmasking regional myths regarding, among other things, cultural and demographic diversity does not involve demonstrating a precise statistical parity with national averages. Rather, a central aim is in illuminating the fact that much diversity in fact exists in the region and to highlight and celebrate this diversity.

Such demographic patterns — for instance, a relatively high percentage of Latina/o in-migration to southern Appalachia, as William Schumann details in Appalachia Revisited — are rarely discussed in popular portrayals of Appalachia. However, such demographic patterns are vitally impactful on Appalachian culture, and, as such, ought to be comprehensively identified and touted.

What is more, there are additional, multifaceted social ills that emanate from the Appalachia-as-Scots-Irish-whites myth; these issues primarily involve elite commentators utilizing the Appalachian myth to cloak nationwide structural subordination.

The 2016 U.S. presidential election constitutes a useful entry-point. Catte has brilliantly chronicled this phenomenon, including in her recent book, “What You Are Getting Wrong About Appalachia.” As Catte notes, during the election and thereafter, national media outlets developed a problematic fixation on Appalachia as homogenized “Trump country.”

Such is how the myth of Appalachia was deployed during and after the presidential election. Rather than examining how structural racism, sexism, and xenophobia —

Kentucky Coal Miner, 1935

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endemic to all of the U.S., including coastal elite regions — and how hegemonic capital interests (i.e., corporations and the 1%) and neoliberalism at large contributed to Trump’s victory, Appalachia instead served in its entirety as a convenient sociocultural scapegoat.

In truth, millions of Trump voters — the majority of whom were affluent — were from outside areas traditionally conceived as Appalachia. For instance, 37% of New York (or 2.6 million citizens) voted for Trump; Trump also carried 49% of the crucial state of Florida (or 4.6 million votes). By contrast, in West Virginia — which concededly supported Trump by the highest percentage in the nation — Trump received only 489,371 votes.

Energy, Environment, and Jobs

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The myth of Appalachia is intrinsically interwoven with the severe, long-term environmental damage that has been wrought on the region. The coal industry has historically constituted the prime negative actor in Appalachia’s prolonged environmental (and intersecting social, political, and economic) crisis.

However, the natural gas industry has increasingly dominated the energy marketplace, and has thus emerged as a major source of both contemporary and future-projected negative environmental impacts. So, too, is Appalachia beset by additional industrial-related environmental issues, stemming from such sources as an under-regulated chemical industry and a declining industrial infrastructure.

Following Appalachia’s era of rapid industrialization, coalmining environmental destruction accelerated during the 20th century. This was largely due to a mid-20th century dramatic increase in mechanization-intensive surface mining, which was closely and tragically linked with Appalachian labor issues.

The New Deal provided a vital boost for labor through such legislation as the Wagner Act. However, when the United Mine Workers of America (UMWA) leveraged such legislation to secure higher wages — such as through the Love-Lewis Agreement of 1950 — the perverse result was that bad faith coal operators phased in mechanization to replace more highly-paid workers. This mechanization trend has continued to this day: The contemporary U.S. coal industry, which is increasingly automated, presently employs just 70,000 workers — constituting 0.019% of the U.S. workforce.

The mid-century transition towards mechanization-intensive mining had disastrous effects on the Appalachian environment.

Pick-and-shovel underground mining predominated during Appalachia’s nascent coal boom era. However, mid-century mechanization-intensive mining — particularly in the surface mining context — introduced massive machines and correspondingly had large geographic demands.

As a consequence, strip mining destroyed or stressed tens of thousands of acres of mountain land. Additionally, thousands of

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miles of streams would come to be spoiled and millions of dollars of timber would be lost to extensive environmental degradation.

The transition to mechanization-intensive surface mining reached unfortunate new heights with the rise of mountaintop removal mining (MTR) in the early 1990s. MTR — which is still in force as an extraction method — is an exceptionally destructive mining practice.

The environmental damage caused by MTR — which is now well-documented — is both extraordinary in scope and tragically irreversible. To date, over 500 mountains and 2,000 miles of ecologically crucial headwater streams have been destroyed by the practice. A recent study by Duke researchers has, in fact, characterized the effects of MTR as geologic in scope.

In addition to environmental damage, MTR has also caused extensive public health harms in Appalachia. Studies have detailed negative health impacts linked to MTR, including birth defects, cardiovascular disease, and lung cancer. These negative impacts are likely caused by both air pollution — i.e., airborne dust particles released by MTR blasting — and water pollution, especially as relates to heavy metals like selenium.

These health harms implicate environmental justice issues, as low-income communities and women, among other groups, have been disproportionately impacted by MTR. While the coal industry has historically wrought the greatest harm in Appalachia — and, correspondingly, the longstanding beneficiary of the Appalachia myth — additional exploitative industries are at work in the region. One example is the chemical manufacturing industry, which has long been endemic to such regions as the Kanawha River Valley — and which has, in fact, been associated with dire race-related environmental justice issues.

A second example is the natural gas industry. Much of northerly Appalachia — particularly West Virginia and Appalachian Pennsylvania — is located in the Marcellus Shale gas region. For the prior decade, the gas industry has experienced a remarkable boom, thereby making massive inroads into the energy marketplace. (In stark contrast, the coal industry has faced a historic decline during this time — which is directly linked to rapid market influx of low-priced natural gas.)

But natural gas — as a fossil fuel — has, like coal, created dire environmental impacts in Appalachia and has continued to contribute to the perpetuation of a profoundly problematic fossil fuel-driven Appalachian mono-economy. What’s more, there is evidence that the lifecycle of greenhouse emissions for gas is nearly the same as for coal, which if true, will profoundly exacerbate climate change.

The newfound reliance upon natural gas has also stymied the development of a truly robust renewable energy sector, such as wind and solar, in states like West Virginia. This problem has been compounded by the recent construction of long-term natural gas infrastructure.

West Virginia and Regional History Center/WVU Libraries

Picket line, Monongah, West Virginia, undated

Researchers have found that the natural gas industry also produces public health-related harms — and environmental justice concerns in localized populations of the socioeconomically disadvantaged, older populations, and infant children. Therefore, development of Marcellus Shale gas is poised to wreak substantial environmental- and public health-related destruction in Appalachia and, through climate change, the world at large.

West Virginia and Regional History Center/WVU Libraries

Grassroots Activism Tradition

M.G. Ellis

Kimball Negro High School classroom, McDowell County, 1950

The myth of Appalachia has also veiled a long and impactful tradition of progressive grassroots activism at the local, state, and regional levels. Historically, Appalachia was the site of many of the nation’s most significant (and violent) labor uprisings.

As a prime example, a series of “mining wars” were fought over burgeoning unionization in Appalachia; these wars culminated in the now-famous Battle of Blair Mountain, which occurred in West Virginia in 1921. In subsequent decades, intensive labor conflict persisted — particularly in the context of the UMWA — until the neoliberal turn in U.S. policy decimated Appalachian labor in the late 20th century.

Aside from labor history, Appalachia also has a rich tradition of environmental-focused grassroots activism, typically involving coal-centered resistance practices. An early wave of Appalachian grassroots activism arose in the 1960s in response to surface mining’s multitudinous ravages.

This activism intensified when ordinary Appalachian citizens lost property (and homes) to the land-intensive demands of surface mining — and when these citizens realized that existing law (i.e., both property and tort doctrines) offered essentially no recourse.

Appalachian activism of the 1960s and 1970s eventually contributed to the enactment of tangible environmental law reform: namely, the Surface Mining Control and Reclamation Act of 1977 (SMCRA), which was the first federal legislation to comprehensively regulate the mining industry.

Although SMCRA produced only marginal gains, its passage demonstrates the potential potency of grassroots-centered reform approaches in Appalachia.

From the 1990s onwards, MTR-focused Appalachian activism (and more recent years, anti-natural gas activism) has been exceedingly prominent in the region. New and robust grassroots organizations have been active. Such groups have engaged in diverse resistance practices, including continued law reform efforts; a major tactical development has involved a newfound emphasis on federal litigation.

Notable victories have been achieved through this legal dimension. One prominent example includes Southern Appalachian Mountain Stewards v. A & G Coal Corp., where the Fourth Circuit held that a mining operator violated the Clean Water Act in the context of pollutant discharges.

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Today, the energy industry in Appalachia is evolving.

Photos courtesy Library of Congress

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Interconnections with U.S. and World

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The final myth involves Appalachia’s perceived isolation from the broader nation and world. The core of this myth relates to the proposition that Appalachia — as “a land that time forgot” — is essentially a backwards, insular region.

However, Appalachia, from its very inception, has had robust out-linkages that extended worldwide. As Dunaway has examined, from the very outset of the Euro-conquest of Appalachia, the region was entwined economically and culturally with global capital. This occurred primarily through the indigenous supply of raw commodities.

By the time of the full-fledged Euro-colonization, Dunaway notes that Appalachia was, in fact, “born capitalist” through settlers who supplemented yeoman farming with market-based activities. Thereafter, Appalachia would continuously be incorporated into the capitalist world system.

Appalachia’s late 19th century period of rapid industrialization constituted a watershed moment in the region’s historical trajectory. From that point onwards, Appalachia would become — and remain — a marginalized natural resource sacrifice zone, thus being beset by multitudinous forms of interlocking structural subordination.

Appalachia would, in turn, fuel the U.S. Industrial Revolution, both World Wars, and the rapid, fossil-fueldriven economic growth that occurred throughout the 20th century and beyond. In return, Appalachia would receive comprehensive environmental, economic, and cultural devastation — and the attendant national scorn that the myth of Appalachia engenders.

Thus, Appalachia, long a singularly important contributor to the U.S. fossil-fuel-driven economic growth, is intrinsically and inextricably interlinked with the broader U.S. and global economies. However, this has hardly been to Appalachia’s benefit, as has been illuminated by the “sacrifice zone” and “resource curse” exploratory models.

Moreover, at the global scale, a related tragedy of these fossil-fuel-based interlinkages emanates from Appalachian coal’s role in the sustained ecological crisis of the Anthropocene. That is, coal-fired power plants (and increasingly, natural gas) have constituted prime factors in global climate change via carbon-based greenhouse gas emissions. Thus, the comprehensive tragedy of Appalachia has produced severe environmental impacts that extend well beyond Appalachia’s borders.

Mountaintop removal, present-day

Beyond the Myth: Transformative Socio-Legal Change in Appalachia As a final point, Appalachian transformative change must be linked with broader regional, national, and international work. As the deconstruction of the Appalachian myth illustrates, Appalachia is not — and has never been — isolated from outside forces. The coming of globalized neoliberalism, in particular, demonstrates that Appalachia’s issues are, more than ever, vitally interlinked with the greater world.

Therefore, while a local-centered, grassroots approach should indeed be adopted, these efforts must simultaneously be interwoven with broader sites of reform.

As political scientist Stephen L. Fisher writes in the seminal “Fighting Back in Appalachia: Traditions of Resistance and Change,” “Linking local fights to national and global struggles is a difficult and slow process, but it is the only approach that has a chance of bringing about fundamental change in Appalachia.”

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Appalachia is undoubtedly in need of truly transformative social change, and deconstructing the region’s collective myths constitutes one crucial, foundational step in achieving that change. This is because speculating on potential modes of systemic reform requires investigating how it is that a region came to be — an accurate account of its history — in addition to just what the region’s contemporary landscape actually resembles.

Fundamentally for Appalachia, systemic sociolegal change must involve transcending the fossilfuel hegemony in its entirety, including its complex intertwinements with Appalachia’s social, cultural, political, and economic institutions — those structural forces have long operated in tandem to perpetuate the exploitation of the region. It is these complex systems that essentially function as law in Appalachia — and thus it is these structural forces that ought to be targeted for transformative change.

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Thinking Globally: A Passion for Justice and the World Alison Peck started thinking globally at

a young age. When she was five years old, she began learning Spanish. Then, she enrolled in French classes.

“For as long as I can remember, I’ve always been really frustrated by language barriers,” Peck explained. “I didn’t like the idea of being separated from people because we speak different languages.”

As a high school student, Peck spent a summer in Mexico, immersed herself in the culture, and returned home fluent in Spanish. A few years later, after graduating from Yale Law School, Peck put her French proficiency to the test as a clerk in Luxembourg at the Court of Justice for the European Communities.

Now, Peck encourages WVU Law students to think globally in her roles as professor and director of international programs.

In the classroom, Peck teaches international trade and international environmental law and is known for engaging her students with real-world legal projects. She is also the adviser of the International Law Area of Emphasis.

Outside of class, Peck oversees the McDougall Visiting Professorship in International Law, which brings foreign legal scholars to the College, and she helps lead the summer study abroad programs in Mexico, Switzerland, and Brazil.

After her first trip with law students to Brazil in 2011, Peck arranged to return to the country for a few weeks to learn Portuguese — adding proficiency in a third foreign language to her abilities.

Peck uses her role at WVU Law to promote international law opportunities inside and outside the College. Her goal is to show prospective and current students, alumni and practicing attorneys in West Virginia that if they are interested in international law or global issues, they can pursue those interests at WVU.

“There are a lot of opportunities to develop a career in international subjects at WVU and the law school,” said Peck. “The only qualifier to participate in international law, or any international discussion really, is to be a citizen of the world, and Morgantown is part of the world.”

One way Peck is helping WVU students become citizens of the world is through a study abroad course in Uganda. This summer, law and undergraduate students from the College of Business and Economics will have the opportunity to spend two weeks in Kampala, Uganda, at Bajuuko High School.

While there, the WVU students will serve while developing and implementing entrepreneurship and sustainable development projects to improve the high school. The experience is designed to prepare WVU students for careers in community development. It is offered in conjunction with the Bajuuko Foundation, an organization created by Peck, Ugandan-born WVU graduate Job Kasule (Ph.D. ’12) and colleague Sadhat Walusimbi.

Peck is also founding editor of the International Trade Law Profs Blog, which is part of the Law Professor Blog Network.

She’s had a lot to write about, starting with the 2016 United States presidential election.

It was during the presidential campaign that Peck became concerned about what the outcome could mean for the world, especially for immigrants in the U.S. If the campaign –Alison Peck promises and rhetoric became government policy, Peck knew she had to do something to help immigrants, she said.

“It’s important to remember that immigrants have rights, and many have legal avenues to stay in this country,” explained Peck. “These people deserve fairness and they deserve decent treatment while they are here. They need to be heard. That’s what we, as lawyers, can do for them.”

Peck’s opportunity to help came last year when the College was looking for new leadership of its Immigration Law Clinic.

“I thought about the immigration crisis that I knew we would be facing, and I thought about all my relevant

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“ There are a lot of opportunities to develop a career in international subjects at WVU and the law school. The only qualifier to participate in international law ... is to be a citizen of the world, and Morgantown is a part of the world.”

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Photos Submitted

(above) Alison Peck visiting an indigenous village along the Rio Negro in the Amazon; (below) WVU graduate Job Kasule (Ph.D. ’12) with Alison Peck and Bajuuko High School students in Uganda.

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experience that would make me a good fit for this position,” Peck recalled.

That experience includes working in administrative law — immigration law is heavily administrative — and practicing international arbitration and commercial litigation with Boies, Schiller & Flexner LLP in Washington, D.C., before her teaching career.

With these credentials in hand, Peck was appointed director of the Immigration Law Clinic starting in fall 2017, and she added it to her international responsibilities at the College.

The clinic provides pro bono legal representation for clients throughout West Virginia with immigration-related inquiries or who may be at risk for deportation (see story on page 31).

“There are a variety of people who need legal advice on topics surrounding immigration. The clinic gets calls every day,” Peck explained. “Particularly now, the landscape is changing underneath them and there is tremendous uncertainty.

People are really frightened, and the immigration agencies in West Virginia have been aggressive.”

For many law students, the clinic is an eye-opening experience when they connect with real people who are in situations they’ve only seen on the news.

According to Peck, some students have deep moments of self-reflection when they see how their clients are treated by federal agencies or when their clients are stereotyped based on their nationalities.

“A lot of what our clients are facing are just human experiences, and the students learn and grow as lawyers when they try to relate to clients and what they’re going through,” said Peck.

“Immigration lawyers aren’t out to get around the legal system to help people stay here. Lawyers are out to make sure their clients are treated fairly within the legal system while they are here, and having compassion helps them do that.”

Like puzzle pieces, Peck’s personal and professional interests in the world have joined together. Her childhood fascination with the world and languages that grew into a love of travel, international law and justice have led her to a multifaceted role at WVU Law — to the benefit of everyone involved.

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Young Alum

Fueling the Future

M.G. Ellis

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Travis Brannon ’13 is an associate in the K&L Gates’ Pittsburgh office and focuses his practice on energy and environmental matters with an emphasis on energy litigation. He represents clients in energy production and exploration, as well as other clients in the energy industry.

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The energy sector has changed a lot since Travis Brannon ’13 started law school.

While different sectors continue to fight over pieces of the energy pie, the pie is also getting bigger as growing demand drives global energy production, according to Brannon.

Brannon’s job is to help his clients adapt to the everchanging environment in the globalized and connected energy economy.

An associate at K&L Gates in Pittsburgh, Brannon represents well-known oil and gas exploration and production companies, as well as other large corporate clients in the energy industry.

He also serves companies involved in renewable energy resources as they step up their presence in the industry.

“These companies’ issues are evolving, just as much as the issues of those in the fossil fuel industry,” Brannon said. “It’s exciting to be on the front end of all aspects of the energy industry. As an energy attorney, I find my work shifting as the market shifts.”

Brannon was drawn to energy law because the production, transportation, demand, and cost of energy resources impact every household, business and branch of government. All the markets in a particular region are tied to the global market in some form.

“I like to think of energy law as a base for the U.S. and the global economy,” he explained. “To be involved in my small way, mainly through oil and gas and commercial litigation, is exciting because I know that one transaction or one case in this region can have ripple effects throughout the entire economy.”

K&L Gates doesn’t just handle cases in this region, however. The firm has 45 offices in 17 countries and tackles intricate issues for heavy hitters in the energy industry.

The global firm gives Brannon access to more experienced lawyers around the world, and he can take advantage of ongoing training and vast institutional resources to keep up with the changing field.

“Our clients have interesting and complex cases that move very quickly, so in order to represent them, it takes a lot of time and you have to be available at a moment’s notice,” Brannon said. “That’s what causes life in a big firm to move fast and require long or sometimes strange hours. But something new or groundbreaking walks through the door every day.”

Brannon was no stranger to the energy industry.

He came to WVU Law after earning his bachelor’s degree from the University of Virginia’s College at Wise. There, he interned with the U.S. Mine Safety and Health Administration and for the coal company, Alpha Natural Resources.

“It was those two jobs that got me interested in energy law,” Brannon explained. “When I made my choice of law school, I looked for schools that could provide me with a robust energy curriculum. And of course WVU Law stood out. Taking the classes geared toward energy law really gave me an edge in being able to talk about the relevant issues in job interviews and in practice.”

Marcellus Shale development and the natural gas boom was at its height while he was in law school, so Brannon took classes –Travis Brannon focused on oil and gas law, and environmental issues. He also participated in the Energy Law Association, and he received pro bono distinction through his work with the Alternative Dispute Resolution Society at WVU Law. Brannon gained hands-on experience in energy law as a summer associate for Bowles Rice in Charleston, West Virginia. He was also a summer associate at K&L Gates, which led to his hiring after graduation.

“Having a position in a summer associate program at a firm in this region really gives you a head start on a possible longterm career,” he said. “Many positions at these firms are filled by former summer associates, and that definitely held true for me.”

Now Brannon gives back to WVU Law by judging its annual National Energy and Sustainability Moot Court Competition with other members of K&L Gates. The competition focuses on relevant energy issues each year and attracts students from law schools across the United States.

“The energy moot court competition is a wonderful event the College of Law creates for students looking for an energy-centric opportunity. I was once one of those students,” said Brannon. “To go to Morgantown and give back by being a judge, that’s something I really enjoy doing. And the firm gets to see the emerging talent coming from law schools across the country.”

“ It’s exciting to be on the front end of all aspects of the energy industry.”

LAW.WVU.EDU

47

College Development

Segal and Davis Establish Fund for Advocacy Skills Attorney Scott S. Segal and West Virginia Supreme Court Justice Robin Jean Davis have established a $354,000 fund at the College to enrich student training in trial advocacy, appellate advocacy, and alternative dispute resolution.

The Segal and Davis Advocacy Skills Endowment will also support student travel to moot court competitions as well as special workshops and seminars.

“Robin and I are deeply committed to the development of excellency in advocacy skills training for law students,” said Segal. “It’s an important aspect of a high-quality legal education and we are proud to be able to support it at our alma mater.”

Segal and Davis, who are married, are the founders of The Segal Law Firm. It was formerly Segal & Davis before Davis left the firm to serve as a justice on the Supreme Court of Appeals of West Virginia.

Davis is the most senior member of Supreme Court of Appeals, having first been elected to the bench in 1996 to fill the unexpired term of the late Justice Franklin D. Cleckley.

She has been reelected twice to full 12-year terms and has served as Chief Justice six times. Under her leadership as Chief Justice in 2010, the Court approved Revised Rules of Appellate Procedure, which modernized and comprehensively changed the appellate process in West Virginia to provide a decision on the merits in every case.

Prior to joining the Supreme Court, Davis practiced in the areas of employee benefits and domestic relations. She is a 1978 graduate of West Virginia Wesleyan College, and she earned her master’s and J.D. from WVU in 1982.

Segal’s practice concentrates on representing the catastrophically injured or the estates of those killed due to the negligence of others. He has successfully litigated several multimillion dollar verdicts, including cases involving gas royalty payments, diet drugs, OxyContin, and asbestos and mesothelioma.

In 1998, Segal was inducted into the Inner Circle of Advocates, which has a limited membership of one hundred of the best plaintiffs’ trial lawyers in the United States.

He is a 1977 graduate of the University of Vermont and a 1981 graduate of WVU Law, where he competed on the National Appellate Competition Team and the National Trial Competition Team.

Segal recalls that it was a struggle for students on those national teams to find funds for travel, lodging, and­food — and that is one of the reasons he and Davis established the Advocacy Skills Endowment.

Segal and Davis have supported several funds at WVU including the Women’s Centennial Scholarship at WVU Law. It benefits women from Boone, Lincoln, Wyoming, McDowell, and Logan counties in West Virginia.

SPRING 2018

Landmen Association Supports Veterans Clinic

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A local chapter of the American Association of Professional Landmen (AAPL) donated $22,000 to the Veterans Advocacy Law Clinic last fall.

The Michael Late Benedum Chapter of the AAPL raised the funds at its third annual Charity Clay Shoot, Dinner, and Auction.

The event received support from 27 oil and gas companies and

service providers as well as numerous other firms and individuals.

The 2017 Michael Late Benedum Chapter is comprised of 1,500 land professionals engaged in the oil, gas, and mineral industries throughout the Appalachian Basin.

The funds are helping the Veterans Advocacy Law Clinic provide pro bono legal services for veterans across the state.

$100,000 to West Virginia Innocence Project Wilson, Frame & Metheney PLLC has given $100,000 to the West Virginia Innocence Project Law Clinic.

“We are happy to be able to support the Innocence Project’s work in West Virginia,” said attorney Wes Metheney. “For our justice system to function smoothly, the wrongfully convicted need a champion. In the Mountain State, that champion is the West Virginia Innocence Project.”

Founded in 1922, Wilson, Frame & Metheney PLLC is a personal injury law firm serving clients in Monongalia, Marion, Harrison, Taylor, and Preston counties in West Virginia, Fayette and Greene counties in Pennsylvania, and Garrett County in Maryland. Frame and Metheney are 1982 and 1983 graduates of the WVU College of Law.

2017 Justicia Officium Award The Honorable Stephanie D. Thacker and attorney Elisabeth H. Rose received the 2017 Justitia Officium Award. The award was established in 1978 in commemoration of the 100th

anniversary of the College of Law’s founding. It recognizes outstanding contributions and service to the legal profession and is the highest honor bestowed by the College of Law.

STEPHANIE D. THACKER The Honorable Stephanie D. Thacker is a judge on the U.S. Court of Appeals for the Fourth Circuit. She is a 1990 graduate of the WVU College of Law and a 1987 graduate of Marshall University.

During the course of her career, Thacker has worked in civil and criminal litigation, in private practice, and in public service. She served as a federal prosecutor for the U.S. Attorney’s Office for the Southern District of West Virginia and as Principal Deputy Chief of the U.S. Department of Justice’s Child Exploitation and Obscenity Section.

In September 2011, Thacker was nominated by President Barack Obama to fill a vacancy on the U.S. Court of Appeals for the Fourth Circuit, and was confirmed by the United States Senate on April 16, 2012.

ELISABETH H. ROSE

LAW.WVU.EDU

Elisabeth H. Rose practiced law for 37 years with Rose Padden Petty Taylor & Lilly in Fairmont, West Virginia, until her retirement in December 2016. She is a 1979 graduate of WVU Law and a 1970 graduate of WVU. Rose has extensive experience in both medical and legal professional liability cases and frequently represented defendants in products liability, property damage, wrongful death, and personal injury cases. Her experience also includes representation in contract and insurance coverage cases, as well as real estate and probate matters.

She is a permanent member of the Judicial Conference of the Fourth Circuit Court of Appeals and a Fellow of the American College of Trial Lawyers. She is a Fellow of the American Bar Association and the West Virginia Bar Foundation. She is a member of the Board of Directors of the West Virginia Humanities Council, currently as a Governor’s Appointee. She is also a past President of the West Virginia Bar Association and served as the first female President of the Defense Trial Counsel of West Virginia.

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College Development

Inaugural Class of Lawyers and Leaders must be actively practicing in West Virginia and/or graduates of WVU Law. The winners of the 2017 Lawyers and Leaders Award were announced at a reception in the Event Hall at the College of Law last August.

Chelsi Baker

WVU Law and West Virginia Executive magazine established the Lawyers and Leaders Award in 2017 to recognize lawyers who have made a positive impact on the state and the nation.

Award winners have dedicated their career to serving others and their communities. Nominees for the award

The 2017 Lawyers and Leaders Award winners. (left to right) 1st row: MontĂŠ Williams, Elizabeth Stryker, Marilyn McClure-Demers, Susan Snowden, Dean Gregory Bowman; 2nd row: Jackson Butler, Major General Jeffrey Rockwell, Hon. Joyce Chernenko, Hon. Joanna Tabit, Professor Charles DiSalvo; 3rd row: Bruce Perrone, Marc Williams, Todd Mount, Sandra Henson Kinney; Not pictured: Hon. Carlos Mendoza, Ben Salango.

J oyce Dumbaugh Chernenko, WVU Law Class of 1981 Judge, First Family Court Circuit of West Virginia

M ajor General Jeffrey A. Rockwell, WVU Law Class of 1987 Deputy Judge Advocate General, U.S. Air Force

M arilyn T. McClure-Demers, WVU Law Class of 1991 Vice President and Associate General Counsel, Nationwide Mutual Insurance Company

B en Salango, WVU Law Class of 1998 Member and Owner, Preston & Salango, PLLC

C harles R. DiSalvo Woodrow A. Potesta Professor of Law, West Virginia University

SPRING 2018

S andra Henson Kinney Attorney, Bailey & Glasser, LLP

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S usan Snowden Counsel, Jackson Kelly PLLC J oanna Tabit, WVU Law Class of 1986 Judge, Circuit Court of Kanawha County

C arlos E. Mendoza, WVU Law Class of 1997 United States District Judge, Middle District of Florida

M arc E. Williams, WVU Law Class of 1985 Office Managing Partner, West Virginia Office, Nelson Mullins Riley & Scarborough, LLP

T odd A. Mount, WVU Law Class of 1995 Member, Shaffer & Shaffer, PLLC

M ontĂŠ Lee Williams, WVU Law Class of 2003 Attorney, Steptoe & Johnson PLLC

B ruce Perrone Advocacy Support Counsel, Legal Aid of West Virginia

J ackson J. Butler, WVU Law Class of 2017 E lizabeth L. Stryker, WVU Law Class of 2017

2017 Dean’s Partners Gala held August 17 at the Morgantown Marriot at Waterfront Place.

A Dean’s Partner gift can be made in support of any area of the College of Law chosen by the donor(s). For information on becoming a Dean’s Partner, contact Jennie James, assistant dean for development, at 304-293-7367 or jennie.james@mail.wvu.edu.

Photos by Chelsi Baker

The Erickson Alumni Center was filled with over 200 WVU Law alumni, friends, faculty, staff, and students for the annual Dean’s Partner’s Gala in August.

Guest speakers included WVU President E. Gordon Gee, Travis Brannon ’13 and Christine Pill ’18, and 12 new Dean’s Partners were recognized. The 2018 Dean’s Partner Gala will be

(clockwise from top left) Hon. Irene ’80 and Jack Keeley, Wes Metheney ’83, and Justice Larry V. Starcher ’67; Donald ’82 and Martha O’Dell (B.S. ’78) and Dean Gregory Bowman; Dean Gregory Bowman with the Blanc Family: Father Justin Blanc, Linda Blanc and Patrick Blanc (M.A. ’88); Bob Douglas ’56 and Dean Gregory Bowman.

NEW DEAN’S PARTNERS 2016-17 J ohn P. Blanc Class of 2012 Memorial Scholarship

onald B. and Martha D. O’Dell D Advocates for Mediation and Conciliation

at and Jack Caffrey P In memory of John P. Blanc ’12

Ben Salango

Robert E. Douglas llen G. Goodwin E In memory of Stephen P. Goodwin, J.D. ’72

USDA Natural Resources Conservation Service The Veterans Consortium Pro Bono Program West Virginia Land Trust LAW.WVU.EDU

I n Memory of The Honorable Sidney J. Kwass ’31 and Edna D. Kwass by Daughter, Kathy Kwass-Gross and Charles M. Gross, M.D.

Lemotto Smith Trust

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College Development

Sensabaugh Endows Scholarship After more than 40 years of practicing law, Don Sensabaugh, Jr. ’76 is retiring at the end of 2018. In recognition of this milestone, he has established the Don R. Sensabaugh Law Scholarship at WVU. “It’s something I had thought about doing for a long time,” said Sensabaugh. “This scholarship is an investment in legal education and the future of the profession I love at the law school where it all began for me.”

Sensabaugh is a founding member of Flaherty Sensabaugh Bonasso, PLLC, West Virginia’s largest litigation firm. His major practice concentrations are healthcare law, medical malpractice defense, and hospital malpractice lawsuits, and he has tried nearly 100 cases in his career.

Outside the courtroom, Sensabaugh has lobbied for healthcare litigation reform for the past 25 years, helping secure civil justice reforms in West Virginia that allow physicians to practice in a more secure environment.

In 2014, he received the Robert L. Ghiz Award for Outstanding Service to the Physician Community of West Virginia by the West Virginia Mutual Insurance Company.

In Memoriam Franklin D. Cleckley

Arthur B. Hodges Professor of Law Emeritus 1940-2017

SPRING 2018

Faculty member, WVU College of Law 1969-2013 First African American full-time faculty member of West Virginia University First African American Justice of the Supreme Court of Appeals of West Virginia, 1994-96 Author, “Handbook on Evidence for West Virginia Lawyers” Author, “Handbook on West Virginia Criminal Procedures” Accomplished Civil Rights lawyer who helped integrate West Virginia Revived the Mountain State Bar Association, the oldest minority bar in the U.S. Served with distinction as a U.S. Navy JAG officer during the Vietnam War

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Justice Cleckley was more than a legal icon; he was a friend, a colleague, and a mentor. He is missed, but his legacy endures on Law School Hill. Memorial gifts can be made to the WVU College of Law Minority Scholarship Fund. Contact Jennie James, assistant dean for development, at 304-293-7367 or jennie.james@mail.wvu.edu for more information.

Sensabaugh is a Fellow of the American Bar Foundation and the American College of Trial Lawyers. He is also active in the West Virginia State Bar, Defense Trial Counsel of West Virginia, Kanawha County Bar Association, and Federation of Defense and Corporate Counsel.

In 2017, Sensabaugh was recognized as the Charleston, West Virginia, Lawyer of the Year for Healthcare Litigation. He received the same recognition in 2015 for Personal Injury Litigation and in 2013 for Medical Malpractice Litigation.

Before opening Flaherty Sensabaugh Bonasso in 1991, Sensabaugh was an associate with Kay, Casto, Chaney, Love & Wise and a partner with its predecessor Kay, Casto & Chaney.

Sensabaugh’s professional listings included Chamber USA, West Virginia Super Lawyers, The Best Lawyers in America, and Martindale-Hubbell’s AV Preeminent Peer Review.

He is a longtime member of the WVU Law’s Development Council, which recently helped guide the College’s successful $26 million renovation and expansion campaign.

Donor Report The following have given to the WVU College of Law between July 1, 2016, and June 30, 2017.

Mrs. Nancie G. Albright

Mr. and Mrs. Guy R. Bucci

Ms. Pina M. Didomenico

Mrs. Jennifer E. Alkire Esq

Dr. John M. Bush and Mrs. Catherine M. Bush

Prof. Charles R. DiSalvo and Ms. Kathleen M. Kennedy

Mr. and Mrs. Richard A. Bush

Mrs. Stephanie Sloan Dobbins

Mr. and Mrs. R.Terry Butcher Esq

Mr. James Dorsey

Mr. Timothy B. Butcher

Mr. and Mrs. John K. Dorsey

Ms. Gretchen Callas

Mr. and Mrs. D. Lyn Dotson

Mr. Patrick S. Casey and Mrs. Sandra Chapman

Mr. Jarod J. Douglas Esq

Ms. Lois S. Cashdollar

Ms. Teresa J. Dumire Esq

Mr. and Mrs. John C. Allen Mr. and Mrs. John D. Amos Ms. Leslie J. Anderson Mr. and Mrs. Webster J. Arceneaux III Ms. Ellen R. Archibald Mr. and Mrs. James F. Armstrong Mr. Maynard Austin Mr. and Mrs. Charles R. Bailey Mr. Anthony P. Barill Mr. David and Mrs. Cynthia Wegley Barnette

Mr. Carl E. Casper Mr. and Mrs. John J. Cassell Mr. David and Mrs. Chaelyn Casteel

Mr. and Mrs. Robert E. Douglas JD Mr. Travis H. Eckley Esq Mr. and Mrs. Rex L. Edwards, Jr. Mr. and Mrs. J. Kevin Ellis

Mr. Adam E. Barney Esq

Ms. Anne B. Charnock

Mr. David R. Barney, Jr.

Mr. and Mrs. Clifton E. Clark

Ms. Kylie D. Barnhart

Mr. Matthew L. Clark Esq

Mr. Michael T. Escue and Mr. Scott Wimbush

Mr. and Mrs. Robert E. Barrat

Ms. Betty J. Cleckley

Dr. Philip M. Eskew

Mr. Joshua I. Barrett

Dr. and Mrs. Paul C. Cline

Mr. Russell F. Ethridge

Mr. Robert M. Bastress and Ms. Barbara E. Fleischauer

Ms. Kathrine L. Clovis

Mr. and Mrs. George R. Farmer, Jr.

Ms. Jennifer L. Bauer

Mrs. Pamela K. Cole

Ms. Sue S. Farnsworth Esq

Mr. and Mrs. Vincent A. Collins

Mr. and Mrs. Michael J. Farrell

Mr. and Mrs. Steven M. Condaras

Mr. and Mrs. Mark C. Ferrell

Mr. Stephen R. Connolly Esq

Prof. Joshua P. Fershee and Prof. Kendra J. H. Fershee

Mr. and Mrs. Ralph J. Bean, Jr. Mr. James M. Becker Mr. and Mrs. W. Marston Becker Mr. Wirt C. Belcher Mr. Kurt and Mrs. Jessica S. Benedict Mr. and Mrs. Norwood Bentley III Mr. Donald K. Bischoff Mr. and Mrs. Patrick W. Blanc Mr. and Mrs. David P. Born Mr. and Mrs. Kirk H. Bottner Esq Mr. and Mrs. P. Nathan Bowles, Jr. Mr. and Mrs. Forest J. Bowman Mr. Gregory W. Bowman Mr. Dennis L. Boyer Mr. and Mrs. William K. Bragg, Jr.

Mr. Christopher W. Cooper Esq Mr. and Mrs. John W. Cooper Mr. Brent P. Copenhaver The Hon. and Mrs. John T. Copenhaver, Jr. Ms. Taylor P. Coplin Mr. Franklin G. Crabtree Mr. and Mrs. Charles V. Critchfield Mr. and Mrs. James E. Crockard III Ms. Amy C. Crossan Mr. James J. and Mrs. Susan P. Culpepper Mr. and Mrs. Joseph A. Curia, Jr. Mrs. Pamela L. Dalton-Arlotti Mr. and Mrs. John F. Dascoli

Mr. and Mrs. A.L. Emch

Mr. William H. File III Mr. and Mrs. John W. Fisher II Mr. and Mrs. Robert D. Fisher Mr. Thomas V. Flaherty and Dr. Paula L. Flaherty Mr. David M. Flannery and Ms. Kathy G. Beckett Mr. Robert M. Fletcher Mr. Brandon S. Flower and Dr. Lisa A. Flower Judge and Mrs. Edwin F. Flowers Mr. and Mrs. James A. Ford CLU Mr. Richard E. Ford and Mrs. Patricia A. Ford

Dr. and Mrs. Robert B. Davis

Mr. and Mrs. James W. Forsyth Esq

Mr. Robert L. Day

The Hon. Fred L. Fox and Mrs. Deborah Fox

Ms. Pamela C. Deem

Mr. Pat C. Fragile

Mr. and Mrs. Patrick D. Deem Esq

Mr. and Mrs. Richard M. Francis

Mr. and Mrs. James M. Brown

Mr. Bradley S. Deflumeri, Jr.

Judge and Mrs. John R. Frazier

Mr. Eric O’Hara and Mrs. Lindsey A. Brugnoli-O’Hara

Mr. and Mrs. J. Lynn DeHaven

Mr. and Mrs. W. Michael Frazier

Mr. and Mrs. Michael J. Del Giudice

Mr. and Mrs. James J. Friedberg

Mr. J. Stephen Britt Ms. Stephanie M. Brock Dr. Stephen B. Broughton and Mrs. Marcia Broughton Mr. Haskell C. Brown III

LAW.WVU.EDU

Mr. Lee Davis

Mr. and Mrs. Harold D. Brewster, Jr.

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Donor Report Mr. and Mrs. Richard D. Frum

Mrs. Laurel Haught

Mr. and Mrs. Jeffry M. Kessel

Mr. Andrew N. Frye and Ms. Jessica A. Haught

Mr. and Mrs. Seth P. Hayes

Dr. Matthew J. Kessler

Mr. and Mrs. Robert W. Full

Dr. Jonathan K. Heath

Mr. Asad U. Khan

Mr. David K. Hendrickson

Atty. Douglas A. Kilmer

Mr. and Mrs. Reginald D. Henry

Ms. Anna M. Kimberling

Mr. Philip B. Hereford

Mr. and Mrs. H. L. Kirkpatrick III

Mr. and Mrs. Andrew L. Herz

Mr. and Mrs. Caleb P. Knight

Mr. John F. Hickey

Mrs. Angela W. Konrad Esq

Mrs. Lily R. Hill

Ms. Michelle L. Kopnski

Dr. Rachel Hinerman

Mr. and Mrs. Eugene P. Kopp

Mr. and Mrs. Raymond A. Hinerman, Sr.

Mr. and Mrs. Robert B. Kuenzel II

Mr. William R. and Mrs. Andrea Hinerman

Mr. Jeffrey M. and Mrs. Lisa A. Kukura

Mr. William C. Hodgson

Mr. John T. Langston

Mr. Fred Butler and Ms. Deborah K. Garton Mr. and Mrs. Edward M. George III Mr. William H. Gibson and Mrs. Joan A. Gibson Ms. Mary Jane Glasscock Ms. Lela A. Goff Mr. R. Vance Golden and Dr. Constance K. Golden Mrs. Ellen G. Goodwin Ms. Devon L. Gosnell Ms. Barbara G. Graham Mr. and Mrs. James D. Gray Mr. and Mrs. John T. Greene, Jr. Mr. and Mrs. Robert L. Greer Mr. Patrick L. Gregg and Mrs. Alyssa G. Gregg Dr. Donna P. Grill Judge Gina M. Groh and Mr. Stephen V. Groh Mrs. Kathy Kwass Gross Mrs. Priscilla A. Haden

Mr. and Mrs. William F. Hogsett Mr. Stanley M. Hostler and Mrs. Virginia E. Child Hostler Mr. Kenneth Hotopp Mrs. Loren B. Howley Mr. David A. Hoyer Esq Ms. Grace E. Hurney Mrs. Billie J. Hutsenpiller

Mrs. Paula Lautzenheiser Mrs. Elizabeth S. Lawton Mr. John W. League and Mrs. April L. Dowler Mr. and Mrs. Randall C. Light Ms. Kirsten A. Lilly Mr. and Mrs. Robert S. Long Ms. Mary F. Loss Mr. Charles M. Love and Dr. Sally M. Love

Ms. Mona A. Ibrahim

Mr. and Mrs. John D. Lowe

Mr. P. Scott Icard and Ms. Margaret J. Rash

Ms. Christine A. MacHel

Mr. Mark W. Hamilton and Mrs. Mollianne Starcher Hamilton

Mr. John Isner

Mr. Roger L. Magro

Mr. Gary A. Jack

Mr. and Mrs. Neal J. Hamilton Esq

Ms. Lori B. Jackson

Mr. Anthony J. and Mrs. Cynthia Majestro

Dr. and Mrs. Jack L. Hammersmith

Ms. Jennie L. James

Ms. Katheryn E. Marcum

Dr. and Mrs. Allan S. Hammock

Mr. and Mrs. H. Marshall Jarrett II

Mr. and Mrs. Lawrence W. Marquess

Mr. David B. and Mrs. Kenley W. Hanna

Mr. Andrew R. and Mrs. Natalie Jefferis

Ms. Katherine M. Mason

Mrs. Brittany T. Harden

Ms. Diana L. Johnson

Judge and Mrs. James A. Matish

Mr. and Mrs. Benjamin A. Hardesty

Mr. E. Perry Johnson

Mrs. Ashley P. Hardesty Odell

Mrs. Gale Johnson

Mrs. Norma S. Harper

Mr. Jerald E. Jones

Mr. W. Martin Harrell

Judge Tod J. Kaufman

Mr. James A. Harris

Judge and Mrs. John S. Kaull

Ms. Lisa J. Hartline

Mr. and Mrs. James R. Keegan

Mr. and Mrs. Thomas M. McCulloch

Mr. Beedeah Hassen and Mrs. Noel Hassen

The Hon. Irene M. Keeley and Mr. John P. Keeley

Prof. Marjorie A. McDiarmid Ms. Deborah L. McHenry

The Hon. John W. Hatcher, Jr.

Mrs. Jane S. Kelly

Mr. Walter G. and Laura A. McKinney

Ms. Kelsey L. Haught

Mr. and Mrs. William A. Kerr

Dr. Charles H. McKown, Jr.

Mr. and Mrs. Donald L. Hall Mr. and Mrs. Mark C. Hamilton

SPRING 2018

Ms. Arletta L. Hogeboom

Mr. Robert G. and Mrs. Elisabeth R. Lathrop

Mr. H. Matthew Hymes II

Mr. and Mrs. Robert E. Haden

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Mr. John D. Hoffman and Mrs. Ellen Maxwell Hoffman

Mr. James D. Lamp

Mr. William B. Maxwell III Mrs. Gina E. Mazzei-Smith Mr. and Mrs. Jeremy C. McCamic Mr. Denis S. McCarthy Mr. and Mrs. James H. McCauley

Mr. Mark L. McKoy

Mr. and Mrs. J. Gordon Pennington

Mr. and Mrs. Hani S. Saad

Mr. and Mrs. Mark W. McOwen

Mr. Brian M. Peterson and Ms. Elizabeth A. Roberts

Dr. Zia Sabet

Mr. and Mrs. Byron E. Phillips

Mr. and Mrs. Alvyn A. Schopp

Mrs. Mary G. McQuain and Mr. Thomas J. McQuain Mrs. Tammy A. McWilliams

Mr. and Mrs. Richard A. Pill Esq

Mr. and Mrs. Joseph L. Meadows

Mr. Charles R. Pinkerton

Mr. Stanley E. Menear

Mr. and Mrs. John T. Poffenbarger

Mr. John C. Mensore

Mr. and Mrs. Andrew M. Pollack

Lt. Col.(Ret) and Mrs. David B. Mercier Mr. Mark J. Merrill Mr. and Mrs. Timothy M. Miller Mr. and Mrs. Charles A. Miller Mrs. Karen H. Miller Ms. Lydia Milnes Mr. and Mrs. Erick F. Moeller, Jr. Ms. Brittany N. Mohamed Mr. Harry Montoro and Mrs. Sarah E. Wagner Mr. Timothy W. Morgan and Mrs. Shawn M. Morgan Mr. David A. Morris Mr. and Mrs. Gary W. Morris

Ms. Jennifer F. Powell Mr. and Mrs. Charles F. Printz, Jr. Ms. Sonia M. Privette Mr. W. Merton Prunty Mr. and Mrs. John W. Pyles Dr. Justin M. Raber Mr. and Mrs. Paul M. Rady Ms. Anna L. Rannells Mr. Stephen T. Raptis Mrs. Beth A. Rauer Mr. Clayton J. Reid Mr. Andrew Reseter Prof. William Rhee

Mr. William P. Saviers, Jr. Judge and Mrs. James E. Seibert Mrs. Anne G. Selinger Charon Mr. and Mrs. Stanley H. Sergent, Jr. Mr. and Mrs. Harry G. Shaffer III Mr. and Mrs. Paul R. Sheridan Mr. Sterl F. Shinaberry Mr. Alex J. Shook Mr. and Mrs. John H. Shott Esq Ms. Alexandra M. Shulz Mr. and Mrs. Camden P. Siegrist Judge Gray Silver III Mr. and Mrs. Robert P. Simons Mr. and Mrs. George V. Sitler Mr. Lawrence R. Skrzysowski Mrs. Katherine A. Slavic Ms. Jessica L. Smith Mr. Michael J. Smith

Mr. and Mrs. Pancho Morris

Mr. and Mrs. Lacy I. Rice, Jr.

Mr. C. David Morrison and Dr. Carroll K. Morrison

Mr. Andrew N. Richardson Ms. Heather A. Richardson

Mr. Donald L. Spencer and Ms. Carol H. Hamblen

Ms. Julia A. Morton

Dr. Jesse J. Richardson

The Hon. and Mrs. Frederick P. Stamp, Jr.

The Hon. and Mrs. Joseph P. Moschetta

Mr. Charles A. Riffee II

Dr. L. Victor Starcher II

Maj. and Mrs. Danny R. Moye

Mr. Christopher P. and Mrs. Cheryl D. Riley

The Hon. and Mrs. Larry V. Starcher

Mrs. Amy Starcher Muchnok

Mr. C. Michael Sparks

Ms. Rachel Roberti

Mr. Andrew Starcher and Mrs. Lois Starcher

Mr. and Mrs. William H. Roberts

Mr. and Mrs. Ronald R. Starcher, Sr.

Maj. Gen. and Mrs. Jeffrey A. Rockwell

Mr. and Mrs. Warren E. Starcher

Mr. and Mrs. R. Terrance Rodgers

Ms. Amanda E. Steiner

Mr. Gary and Mrs. Karen Nickerson

Mrs. Vanessa L. Rodriguez

Mr. and Mrs. William C. Stillwagon

Mr. P. Jeffrey North

Mr. and Mrs. J. Robert Rogers

Mr. and Mrs. G. Ogden Nutting

Mr. John C. Rogers

Mr. Brian M. Stolarik and Mrs. Jessica Justice Stolarik

Mr. and Mrs. Robert M. Nutting

Mr. Joshua S. Rogers and Dr. Rebecca A. Rogers

Ms. Deanna R. Stone Mr. and Mrs. Robert C. Stone, Jr.

Mr. Larry L. Roller

Mr. and Mrs. Ward D. Stone, Jr.

Dr. and Mrs. David Z. Myerberg Mr. C. Blaine Myers, Jr. Ms. Ann Q. Neeley Mr. and Mrs. John Neuner III

Mr. and Mrs. David A. O’Brien Mr. Thomas J. Obrokta, Jr. and Mrs. Diana D. Obrokta

Mr. William D. Stutler

Mr. Albino Roperti

Mr. and Mrs. George F. Surgent

Dr. and Mrs. Guy B. Oldaker III

Ms. Elizabeth L. Ross

Mr. H. Skip Tarasuk, Jr.

Mr. and Mrs. Charles W. Pace, Sr.

Ms. Rachel A. Roush

Mr. and Mrs. Kenneth E. Tawney

Mr. and Mrs. John C. Palmer IV

Mr. Larry L. Rowe and Ms. Julia M. Beury

Mr. Andrew S. Taylor

Ms. Stacy K. Parker

Mr. Justin A. and Marci M. Rubenstein

The Hon. C. Reeves Taylor

Mr. Philip W. Parkinson

Mr. David O. and Mrs. Gale L. Rubrecht

Mr. and Mrs. Larry D. Taylor

Mr. Eugene D. Pecora

Ms. Sheryl A. Rucker

The Hon. Maurice G. Taylor, Jr.

Mr. Christopher and Mrs. Julie Pence

Mr. and Mrs. Duane J. Ruggier II

Mrs. Elizabeth Templeton

LAW.WVU.EDU

Mr. Michael J. Romano

Mr. and Mrs. Donald B. O’Dell

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Donor Report Mr. Stephen Thayer and Mr. Howard Terry

Mr. James M. Wilson

Goldberg, Persky & White, P.C.

Mrs. Holley M. Thompson

Ms. Gabriele Wohl

Hamstead Williams & Shook PLLC

Mr. Roger A. Wolfe

Harrison County Bar Association

Mr. Robert G. Wolpert

Hendrickson & Long PLLC

Mr. Richard E. Wolverton

Hinerman & Associates, PLLC

Mr. Justin L. Woodford

J C Mensore Distributor, Inc.

Mr. and Mrs. William R. Wooton

Jackson Kelly, PLLC

Bradley and Rebecca Wright

Kan awha County Class Action Settlement 2009 Charitable Trust

Mr. Michael D. Thompson Mr. Thomas R. and Mrs. Rebecca M. Tinder Mr. John W. Tissue and Ms. Lynne B. Klopf Dr. Shine S. Tu Mr. Jacob R. and Mrs. Vicki L. Tucker Ms. Cynthia L. Turco Mr. and Mrs. Herbert G. Underwood Mr. W. Warren Upton Mr. Stephen R. Van Camp Mr. and Mrs. Gary K. Vanmeter Ms. Veronique D. Vernot Mr. and Mrs. Michael B. Victorson Mr. Zachary A. Viglianco Mr. Wray V. Voegelin and Ms. Yolonda G. Lambert

Mr. George W. Zundell Mr. Peter G. Zurbuch American Muscle Docks & Fabrication, LLC Arnold & Porter LLP Arthur B. Hodges Educational Trust Atkinson & Polak PLLC Babst Calland Bailey, Javins & Carter L.C. Barbara B. Highland Charitable Lead Trust Berkley Group LLC

Mr. Andrew T. Waight

Bowles Rice Foundation

Mr. Frankie C. Walker II

Bowles Rice, LLP

Mr. Glen C. Warren

Bucci Law Firm

Mr. J. Joseph Watkins

Burgess & Niple, Inc.

Mr. Robert M. Webb Esq

Butcher & Butcher Attorneys at Law

Prof. Joshua E. Weishart

Casey & Chapman PLLC

Mr. Robert J. Wetzel

Center For Community Progress

Mr. Norman W. L. White

Cla ude Worthington Benedum Foundation

Mr. Ryan White and Mrs. Kate Roberts White

Cyrus, Adkins & Walker David Hill & Associates, LLC

Mr. and Mrs. Stephen A. Wickland

Daywood Foundation

Mr. Gary S. and Mrs. Grace J. Wigal

Defense Trial Counsel of WV

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Last summer, Shane Young ’18, law professor Alison Peck, Savannah Lusk (WVU School of Medicine ’22), Sarah Haugh (WVU residence hall coordinator), and Charles Horton ’19 made friends with soccer players outside of the Kabaka of Buganda Palace in Kampala, Uganda.

Submitted by Shane Young ’18