West Virginia University College of Law Magazine | Summer 2014 by WVU Law

WVULAW Summer 2014

elcome to the first issue of WVU Law Magazine! A lot is happening on Law School Hill, and we are excited to share it with you. It is an exhilarating time for our law school. First, we are quite literally building for the future. We have just completed the first phase of a four-year, $26 million renovation and expansion that will serve — and transform — our students and legal education in exceptional ways. Our students are already benefiting from our new state-of-the-art facilities, including two new classrooms, a new courtroom, an event hall for the many exciting programs held at WVU Law each year, and a new clinical wing to house WVU Law’s nine exceptional legal clinics. Renovations to the existing building over the next two years will further transform our law school campus. A law school is much more than just a building, but these new facilities will reinforce who we are and what we do at WVU Law. In addition to the building, we are expanding and improving our curriculum. This fall, we will launch an LL.M. program — our first — in Energy and Sustainable Development Law. We believe this is the only LL.M. in the country that requires all graduates to take a balance of energy and sustainable development law classes. West Virginia is at the forefront of the country’s energy and sustainability discussion, and WVU Law is proud to play a prominent role in this ongoing dialogue. Our faculty essays in this issue about the Elk River chemical spill are a perfect example of this. Progress requires dialogue and dialogue requires listening to and considering various points of view in order to reach a balanced outcome for businesses and citizens alike. Finally, we at WVU Law strive to make a positive impact on the world, including through the students we teach and mentor. The stories on recent graduates Meg Starnes, Eduardo Villacorta, and Kelli Ganz underscore that commitment. They and many other students represent the best of WVU Law, and we celebrate their success. We also celebrate the history of our law school and the contributions and legacies of our two most recent deans, John Fisher and Joyce McConnell. John retired in May after more than 40 years on the faculty and a decade as dean, and Joyce began serving as provost of WVU in July after nearly 20 years on the faculty and six years as dean. They are no longer in the building, but their legacies and impact at WVU Law live on. We also welcome the return to WVU of President E. Gordon Gee, who served as WVU Law’s dean from 1979 to 1981, and as president of WVU from 1981 to 1985. We hope you enjoy this first issue of WVU Law Magazine! Please send us your comments, and please come visit us on Law School Hill in Morgantown.

Gregory W. Bowman Interim Dean, WVU College of Law

Gregory Bowman was appointed interim dean in July 2014 to replace former Dean Joyce McConnell, who became WVU provost and vice president for academic affairs, effective July 1, 2014. Bowman, who joined the WVU Law faculty in 2009 and who has taught law for over a decade, is a nationally recognized scholar in international trade law and remedies. In 2014, he received the prestigious WVU Foundation Award for Outstanding Teaching.

WVULAW ADMINISTRATION E. Gordon Gee, PhD President, West Virginia University Joyce E. McConnell University Provost & Vice President for Academic Affairs

EDITORIAL BOARD Gregory W. Bowman Interim Dean William Coates Assistant Dean for Development Gregory G. Elkins Associate Dean for Administration & Finance Atiba R. Ellis Associate Professor of Law James H. Jolly Director of Marketing & Communications Vonda Kirby Class of 2009, Attorney Anne Marie Lofaso Associate Dean for Faculty Research & Development James A. McLaughlin Robert L. Shuman Professor of Law John E. Taylor Associate Dean for Academic Affairs

EDITORIAL STAFF Kathy Deweese University Editor

Kristin Brumley

Integrated Marketing Specialist

Kaylyn Christopher

Public Relations Specialist

ART DIRECTION & DESIGN WVU University Relations-Design Sheree Wentz Multimedia Specialist

PHOTOGRAPHY WVU University Relations-Photography M.G. Ellis Senior Photojournalist Brian Persinger Photojournalist Ben Long WVU College of Law, Class of 2013

EDITORIAL OFFICE

On the Elk River Chemical Spill

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

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24 PERSPECTIVES

College of Law 101 Law School Drive PO Box 6130 Morgantown, WV 26506

CONTENTS

44 DEPARTMENTS College Highlights Student Briefs Faculty Briefs Alumni Proﬁles Development

SUMMER 2014

4 12 18 38 42

WVU is an Equal Opportunity/Afﬁrmative Action Institution. 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 of the North Central Association of Colleges and Schools. Many WVU programs hold specialized accreditation.

FEATURES

22 24

Bobâ&#x20AC;&#x2122;s World: A Dog Story

St. George Tucker Brooke: From the Civil War to the College of Law

34 36

Perspectives on the Elk River Water Crisis

Thank You, Joyce Thank You, John

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24 3

HIGHLIGHTS

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Symposium Explores Buffalo Creek Disaster

n the 42nd anniversary of one of the worst tragedies in coal mining history, WVU Law brought together the original attorneys and other experts to explore the legal and environmental legacy of the Buffalo Creek Disaster. On February 26, 1972, there was no warning when the Pittston Company dam burst at Buffalo Creek in Logan County, West Virginia. It sent a 130-million-gallon, 30foot wall of water, coal sludge and waste materials through the Buffalo Valley, killing 125 people and injuring more than 1,000. Nearly 1,500 houses and mobile homes were destroyed or damaged, leaving 4,000 people homeless.

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“Buffalo Creek reminds me of why a lot of us went to law school in the first place,” said attorney and author Gerald M. Stern in his keynote address. “We wanted to be armed with the tools that the law provides so that we can go out and deal with those that might run roughshod over people who are smaller and have less power than others.”

Stern was the lead counsel for the plaintiffs in one of the Buffalo Creek Disaster class action lawsuits, Dennis Prince et al. v. The Pittston Company. He is also the author

Attorney and author Gerald M. Stern discusses the groundbreaking Buffalo Creek Disaster case with Ben Hogan ’16, of Morgantown, West Virginia.

of “The Buffalo Creek Disaster: The Story of the Survivors’ Unprecedented Lawsuit” (Vintage, 1976, 2008). Other leading lawyers who gave their perspective on the groundbreaking legal aspects of the disaster included David N. Webster, Judge Philip D. Gaujot, Brad Butler, and Daniel R. Murdock. Their discussions were moderated by WVU Law professors Charles DiSalvo, Marjorie McDiarmid, and Patrick McGinley. For many of the lawyers, the symposium was the first time they had seen each other in 40 years. The symposium also explored the environmental, psychological, and sociological aspects of the disaster. Speakers in these areas included Kai Erikson, Yale University Professor Emeritus of Sociology; mine safety expert Jack Spadaro; Mingo County (West Virginia) attorney Terry Sammons; and Georgetown University Professor of Psychiatry Bonnie Green.

Medical-Legal Partnership Earns National Recognition

joint program between WVU’s College of Law and School of Medicine has received formal recognition from the National Center for Medical-Legal Partnership (NCMLP).

College of Law and the Department of Pediatrics the School of Medicine. It is directed by Suzanne Weise, visiting associate professor of law.

Based at George Washington University, the NCMLP works to build a better healthcare team that can identify, address, and prevent health-harming legal needs for patients, clinics, and populations. Only 37 law schools and 30 medical schools in the country are members of the program.

During medical visits, healthcare providers identify potential legal issues involving education, child custody, guardianship, domestic relations, domestic violence, or inadequate housing. If a legal problem is identified, families are given the opportunity to consult the Child and Family Advocacy Clinic at the law school. The clinic, which provides free services to those in need, is staffed by third-year law students and supervised by law professors.

“Recognition by the National Center for Medical-Legal Partnership puts WVU among the top schools in the country,” said Joyce McConnell, former dean of the College of Law. “In addition to providing a valuable service to the community, the program gives our law and medical students the opportunity to deal with real-world situations faced by families.” Established in 2010, the WVU Medical-Legal Partnership is a collaborative effort between the clinical law program at the

The law clinic responds to more than 40 legal inquiries a year from the School of Medicine. The law students and faculty resolve most of the legal issues without litigation. For cases where legal action has been necessary, the clinic has successfully resolved every issue for the children and their families.

Wolfson Addresses Marriage Equality

ay rights advocate Evan Wolfson, founder and president of the marriage equality campaign Freedom to Marry, visited the College in March to discuss marriage equality in an interview format with West Virginia radio talk show host

Hoppy Kercheval (left). The event was hosted by OUTlaw, a student organization that fosters open communication between gay and straight communities while educating individuals on gay rights issues.

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HIGHLIGHTS BRIEFS PROFILES DEVELOPMENT SUMMER 2014

Omolola Oluyemi celebrating with family members.

Hooding and

2014 Commencement

Class president Katie Wilson bidding farewell to the law school.

WVU President E. Gordon Gee addressing the Class of 2014.

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Dustin Blankenship gets help with his bow tie from WVU President E. Gordon Gee.

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National Energy Conference Focused on Power Plant Emissions

VU Law’s third annual national energy conference in February focused on the new rules from the Environmental Protection Agency to regulate carbon dioxide (CO2) emissions from coal-fired power plants. The EPA released the new guidelines in June. Featuring experts from government, the private sector and environmental organizations, the conference explored how these new laws will be navigated and affect the power industry, states, and communities. It was sponsored by Steptoe & Johnson PLLC. U.S. Senator Joseph Manchin III (D-W.Va.) and Appalachian Power Company President Charles Patton delivered keynote

addresses. Panelists included Daniel Lashof of the Natural Resources Defense Council, Aimee Curtright of RAND, Eugene Trisko of the United Mine Workers of America (AFL-CIO), and Paul Sotkiewicz of PJM Interconnection. “The EPA’s recent action to propose regulating CO2 emissions from existing coal-fired power plants is of vital importance to West Virginia and other coal-dependent regions of the country,” said James Van Nostrand, director of WVU Law’s Center for Energy and Sustainable Development. “It may be very difficult for a state to meet the required reduction in CO2 emissions, and doing so may be very costly and disruptive to a state’s economy. “For coal-dependent states, the impact could be even greater as one possible outcome could be reduced demand for coal, leading to job losses in the extraction industry. The national energy conference explored the options available to the states under the EPA rules for achieving compliance with the EPA rules, and other issues relating to a possible transition in the energy industry.”

“Regulating CO2 emissions from

existing coal-fired power plants is of vital importance to West Virginia and other coal-dependent regions ... ”

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— James Van Nostrand

Analyzing the EPA’s Clean Power Plan

strategies, technologies, costs, and policies that will help the state comply with the Clean Power Plan.

Teaming with Downstream Strategies, a Morgantown-based environmental consulting firm, the Center is working on “Carbon Dioxide Emission Reduction Opportunities for the West Virginia Power Sector.” The project will explore the

“West Virginia has an abundance of energy resources including coal, natural gas, biomass, wind, solar, and energy efficiency,” said James Van Nostrand, director of the Center for Energy and Sustainable Development. “The challenge is to use the right mix of these resources to ensure that West Virginia can achieve compliance with the new emission standards in the lowest-cost manner to minimize the disruption to the state’s economy.”

he Center for Energy and Sustainable Development is analyzing the Environmental Protection Agency’s new plan to cut carbon pollution from power plants. Released June 2, the Clean Power Plan Proposed Rules calls for West Virginia to reduce its carbon emissions rates 21 percent by 2030.

WVU Now Offering Energy LL.M.

he College of Law now offers an LL.M. in Energy and Sustainable Development Law. Classes for the first postgraduate degree at WVU Law began August 18.

policy analyses providing a forum for issues to be explored by various stakeholders, and promotes policies that balance the demand for energy resources alongside the need to reduce environmental impacts.

The LL.M. is designed to educate the next generation of lawyers who will work in and shape the future of energy and sustainable development. It is being offered in conjunction with the College’s Center for Energy and Sustainable Development.

“Our LL.M. program requires graduates to engage in a balanced curriculum in both energy law and sustainable development law,” said Joshua Fershee, professor of law. “This reflects our commitment to providing a richer and well-rounded educational experience for all students in the program to maximize their professional skills, regardless of their career goals.”

The energy industry in West Virginia is the cornerstone of the state’s economy, and the Center is committed to playing a prominent role in shaping the energy and environmental policies of the future. It conducts objective, unbiased research and

Two fellowships — in energy and sustainable development and land use and sustainable development — are being offered in this LL.M. program.

VU Law, in partnership with the University’s newly established Department of Forensic and Investigative Science, is poised to become a pioneer in the criminal justice field by offering the country’s only LL.M. in Forensic Justice. “This is very exciting,” said Valena Beety, associate professor of law and head of the program. “It is increasingly vital for criminal

justice lawyers to be trained in forensic evidence and scientific method. With this LL.M., experienced practitioners and new attorneys will be able to better serve their clients and communities.” WVU Law’s LL.M. in Forensic Justice was acquiesced by the ABA in July. No other ABA-approved law school offers an equivalent one-year program. Classes could start as soon as fall 2015.

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Photo Credit (right) Ben Long, Class of 2013

WVU to Pioneer Forensic Justice LL.M.

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Innocence Project Wins First Major Case

fter 18 years behind bars, an innocent man has been released from prison due to the efforts of the West Virginia Innocence Project (WVIP) at WVU Law.

Kenneth Manns was serving a life sentence for first degree murder and sexual assault in Mercer County, West Virginia. Due to faulty forensic evidence, WVIP students obtained a re-sentencing and lesser sentence for Manns, making him immediately eligible for parole. Manns was released in July, becoming the WVIP’s first client to be granted parole. “With perseverance, our law students worked with our criminal justice system to get to the right result,” said Valena Beety, associate professor of law and director of the WVIP. “This man was serving life in prison, and now he is in the process of going home to be with his family and son thanks to everyone's hard work.” WVU Law students and alumni Ashley Joseph ’13, David Estep ’13, Andrew Vodden ’14, and Kelli Ganz ’14 spent the last two years researching and investigating the case, and representing Manns in court. They worked closely with WVIP Legal Fellow Kristen McKeon and were supervised by Beety and attorney Melissa Giggenbach. WVU undergraduate Quenton King,

a rising senior criminology major from Charles Town, West Virginia, assisted on the case. “It was incredible knowing that the work our team did led to an innocent man getting to go home,” Vodden said. “This is why we worked so hard all year long, to get this man out of prison and home with his family. He has already secured employment, knows where he is going to live, and has plans to attend classes to become a paralegal.” Estep said he hopes that this case will spread awareness about instances of injustice and that other individuals in similar situations will seek out the help to which they are entitled. “Mr. Manns’ parole is only the beginning for the West Virginia Innocence Project,” he said. “Our criminal justice system is made up of humans, and sometimes humans make mistakes. Though they are only mistakes, these mistakes cost people their lives and their livelihoods, and to have an organization to act as a check on that system is both important and necessary.” Part of the Clinical Law Program at WVU Law, the WVIP was formalized under the leadership of former dean Joyce McConnell. It provides free legal representation to individuals who have meritorious claims of wrongful conviction.

Former FISA Judge Addresses Intelligence Gathering

he Honorable James G. Carr, senior judge of the U.S. District Court for the Northern District of Ohio, delivered the 22nd annual Charles L. Ihlenfeld Lecture on Public Policy and Ethics this spring.

SUMMER 2014

Carr noted that FISA legally supports a “crucial activity” for the self-interest of the country.

“You’re learning information — that’s why they call it intelligence gathering,” said Carr. “You’re not trying to develop evidence of a crime. Rather, you’re trying to find out what people who have been shown to be a danger to this country — potentially or actually — are up to, with whom they’re dealing, and what is it that they may have in mind.”

Photo Credit (right) Ben Long, Class of 2013

Carr is a former Foreign Intelligence Surveillance Act (FISA) court judge. His lecture focused on the myths and realities of FISA, which outlines the procedures for requesting authorization from the United States Foreign Intelligence Surveillance Court to use physical and electronic surveillance for national security purposes.

2014 WVU LAW ABA EMPLOYMENT STATISTICS

WVU LAW GRADUATES CONTINUE TO

BEAT THE NATIONAL AVERAGE

IN FULL-TIME, LONG-TERM EMPLOYMENT 9 MONTHS AFTER GRADUATION. National Average

57% 10.1%

67.1%

WVU Law

Bar Passage Required Jobs J.D. Advantage Jobs

Total

57.7% 19.2%

76.9%

THE TOP AREAS OF EMPLOYMENT FOR THE WVU LAW CLASS OF 2013:

43% PRIVATE PRACTICE 16.9% BUSINESS AND INDUSTRY 10% GOVERNMENT

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Source: American Bar Association employment data for the Class of 2013 nine months after graduation (February 2014).

Wilson is Top Scorer on CPA Exam

lan Wilson ’14, of Blacksville, West Virginia, Order of the Coif, earned the highest average score on this year’s four-part West Virginia Certified Public Accountant exam. For earning an average score of 89.25 out of 99 on the exam, the West Virginia Society of Certified Public Accountants presented Wilson with its 2014 Certificate of Merit Award.

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Wilson earned a bachelor’s degree in business administration with an emphasis in accounting from WVU in 2011. He has accepted a position to start this fall at WilmerHale in Washington, D.C.

Grace Wins Baker Cup Final in West Virginia Supreme Court

Benjamin, Chief Justice Robin Jean Davis ’82, Margaret L. Workman ’74, and Allen H. Loughry, II.

The final round was argued in Charleston in front of the justices of the Supreme Court of Appeals of West Virginia (pictured below): Menis E. Ketchum II ’67, Brent D.

This year, the competition examined the problem of whether or not a judge is constitutionally required to provide a definition of reasonable doubt and, if so, what that definition is. The Best Brief and Best Oral Advocate awards were won by Andrew C. Robey ’15, of Charleston, West Virginia.

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arissa Grace ’15, of Williamson, West Virginia, won the annual George C. Baker Cup Moot Competition this spring and Jeremy Hylton ’15, of White Sulphur Springs, West Virginia, was the runner-up.

WVU Scores Best Jessup Result in 40 Years

hen WVU Law students competed in the White & Case International Rounds of the Philip C. Jessup International Law Moot Court Competition in Washington, D.C., this spring, they knew they were making history. It was the first time since 1973 — when WVU won the competition — that a team from the College had made it to the international round, according to Jessup coach Amber Brugnoli (left), assistant dean for career services. The students advanced this year following their second-place finish at the Jessup Mid-Atlantic Regionals earlier in the spring. Only 12 U.S. law schools make it to the international round. Team members (left to right) Carrie Waybright ’14, of Rowlesburg, West Virginia; Hilary Bright ’14, of Terra Alta,

West Virginia; Nicole Annan ’15 of Fairmont, West Virginia; Katie Wilson ’14, of Huntington, West Virginia; and Eduardo Villacorta ’14, of San Miguel, El Salvador represented WVU at the competition. In addition to Brugnoli, they were coached by Gregory Bowman (right), interim dean, and James Friedberg, Hale J. and Roscoe P. Posten Professor of Law. Their historic Jessup competition journey included wins over Georgetown, American, George Washington, the University of Lisbon, and Estonia University before falling to Harvard. The Jessup Moot Court Competition, which is in its 55th year, simulates disputes before the International Court of Justice. This year, 126 teams from 100 countries took part in the competition, which focused on issues of maritime law.

Stone to Lead the Law Review

avid Stone ’15, of Morgantown, West Virginia, has been selected by his peers to serve as the editor-in-chief of the West Virginia Law Review, volume 117, 2014-2015. He was an associate editor for the law review this year.

Before enrolling in WVU Law, Stone was a fundraiser for the University. This summer, he worked for Jackson Kelly PLLC in Charleston, West Virginia.

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Stone earned his bachelor’s degree in Business Administration from American University, where he was also a member of the men’s golf team. After earning a master’s degree in sport

management from WVU, Stone worked for a PGA golf tournament in Fort Lauderdale, Florida, and the American Cancer Society in Washington, D.C.

“All you need is a good place to go to school, great professors, and an opportunity.

This was that moment for me.”

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— Meghan Starnes, Class of 2014

Meghan Starnes during her trip to The Hague, Netherlands

Starnes Spends Final Semester at U.N. Court uring the spring semester, Charlotte, North Carolina, native Meghan Starnes ’14, worked at the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, Netherlands.

“I got to learn about different topics I otherwise wouldn’t have known anything about and I got to work with attorneys and interns from all over the world,” Starnes said. “I made some good friends and connections. Overall, it was a great experience.”

The ICTY is a United Nations court of law dealing with war crimes that took place during the Balkan conflicts of the 1990s. Established in 1993, the ICTY has changed the landscape of international humanitarian law and established precedent for conflict resolution and post-conflict justice.

Starnes said she feels fortunate to have had the opportunity to work at the ICTY and she acknowledges the role that the faculty, administration, and fellow students at the College of Law played in making it possible.

While there, Starnes worked for the Appeals Division of the Office of the Prosecutor, gaining valuable experience in international law.

“All you need is a good place to go to school, great professors, and an opportunity,” she said. “This was that moment for me.”

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2014 Study Abroad Trips: Geneva and Guanajuato

WVU Law students studied international trade law in Geneva, Switzerland, this summer, including visits to the United Nations and the World Trade Organization.

WVU Law students traveled to Mexico this summer to study comparative law as part of a longtime association with the University of Guanajuato.

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Order of the Coif: Class of 2014

Elizabeth Grant — Fairmont, West Virginia Carolyn Hardin — Hughesville, Maryland Ian Glen Henry — Ripley, West Virginia Evan Johns — Buckhannon, West Virginia Candice M. Kines —Stafford, Virginia Imad S. Matini — Fredericksburg, Virginia Haley Suzanne Metz — Masontown, West Virginia

Mark Moses — Parkersburg, West Virginia Shaina Leigh Richardson — Uniontown, Pennsylvania Mitchell Benjamin Tuggle — Peterstown, West Virginia Zachary Aaron Viglianco — Saint Albans, West Virginia Alan J. Wilson — Blacksville, West Virginia Katherine Olivia Wilson — Huntington, West Virginia

Energy Law Students Sharpen Their Skills

aw students from across the country competed in the fourth annual National Energy and Sustainability Moot Court Competition hosted by the College of Law in the spring.

Act and emissions from the power plant. Another issue dealt with the federal Clean Water Act and proposed modifications of the hydropower facility to improve the operation of the thermal power plant.

The team from Duquesne University Law School won the competition, and the second-place team was from the University of North Dakota School of Law. As host, WVU competed as exhibition status only.

The first of its kind in the nation, the National Energy and Sustainability Moot Court Competition was established in 2011 by WVU Law’s Center for Energy and Sustainable Development. It is designed to help students sharpen their legal skills and network with industry professionals and government regulators. Students also learn about important business and environmental issues facing the energy sector.

Students this year tackled legal problems faced by a fictitious state and a company that owns a thermal power plant and a hydropower facility. One issue involved the federal Clean Air

Law Students Giving Back

ach year, members of the WVU Law Community Service Council focus their efforts on reaching out to those in need.

This year their projects included food drives (for people and pets) and helping to renovate an early learning facility. Following the Elk River chemical spill in January, the students organized a drive to provide drinking water for residents of southern West Virginia. Together, law students, faculty, and

staff donated about 50 cases of bottled water that were delivered to a distribution center at the Hurricane Volunteer Fire Department. Nicole Annan, ’15, of Fairmont, West Virginia; Kristen Ross, ’14, of Beckley, West Virginia; and Wes Peterson ’14, of Wilmington, North Carolina, (left to right) were part of the effort.

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FACULTY BRIEFS

Faculty Activities Associate professor of law Valena Beety was elected to serve on the board of directors of the Innocence Network. This spring, she also gave presentations at the Innocence Network Conference in Portland, Oregon; the Educational Justice and Appalachian Prisons Symposium in Morgantown, West Virginia; and the Robina Institute of Justice Annual Conference in Minneapolis, Minnesota.

Gregory Bowman, interim dean and professor of law, is one of just three recipients of the 2014 Award for Outstanding Teaching from the West Virginia University Foundation. Earlier in the academic year, he delivered the keynote address “Going Global: A West Virginian’s Journey from Local to Global (and Back)” at the annual Create West Virginia conference in Richwood, West Virginia.

Visiting professor Barton Z. Cowan presented at the American Nuclear Society 2013 National Winter Meeting in Washington, D.C. He addressed “Nuclear Licensing — A History” at a conference panel on licenses, certifications, and approvals for nuclear power facilities (Part 52 of the Atomic Energy Act).

Atiba Ellis, associate professor of law, gave a presentation on “Mediating Future Racial Balkanization: A (Qualified) Defense of Race-Conscious Remedies for Voting Rights” at the 2014 Mid-Atlantic People of Color (MAPOC) Legal Scholarship Conference at the University of Baltimore School of Law.

Marjorie McDiarmid, the Steptoe & Johnson Professor of Law and Technology, presented on “Authentication, Exhibits and Courtroom Presentation” at the National Business Institute’s seminar in Morgantown, West Virginia. She was also recently appointed to the West Virginia Child Support Commission by Gov. Earl Ray Tomblin.

Bowles Rice Professor of Law Vincent Cardi served as a visiting professor at Wake Forest University School of Law in Winston-Salem, North Carolina, in spring 2014. He taught Contracts II and Sales, Leases, Transactions and International Sales. Cardi also continues to serve as a member of the West Virginia Election Commission.

Jesse Richardson, lead land use attorney with the Land Use and Sustainable Development Clinic, is president-elect of the American Agriculture Law Association (AALA). He is chair of the organizing committee for the association’s 2014 National Conference in Albuquerque, New Mexico.

James Friedberg, the Hale J. and Roscoe P. Posten Professor of Law, was a research fellow at the Truman Institute for Peace Studies at Hebrew University in Jerusalem in spring 2014. Working with international scholars, he investigated obstacles to peace between Israel and the Palestinians from legal, political, cultural, and religious perspectives.

Anne Marie Lofaso, professor of law and associate dean for faculty research and development, is one of three WVU professors to receive the Claude Worthington Benedum Distinguished Scholar Award for 2013-2014. Lofaso earned the award in the Humanities and the Arts category in recognition of her arguments for the legal protection and empowerment of working-class Americans. Articles she has written on workers’ rights have influenced federal lawmakers.

Associate professor of law Arthur Rizer presented “Minimizing Errors and Maximizing Persuasion” at the National Bar Associations’ Your Lawyer’s Division retreat in San Juan, Puerto Rico. He also taught Professional Responsibility and The National Security Implications of Immigration Law at Georgetown University School of Law this summer.

Associate professor of law Sean Tu was selected for a 201314 Thomas Edison Innovation Fellowship sponsored by the Center for the Protection of Intellectual Property. His work focused on the relationship between patent examiners and subsequent patent litigation.

Associate professor of law Jena Martin was featured in the “50 Under 50” list in the 2014 “Law School Diversity Special Issue” published in April by Lawyers of Color. She also delivered a presentation about West Virginians’ understanding of business and human rights at a meeting of the United Nations Working Group on Business and Human Rights in Geneva, Switzerland. Martin organized an international conference on business and human rights in fall 2013 at WVU.

Joshua Fershee, associate professor of law, delivered the keynote address at the sixth annual Energy Symposium at Texas A&M University School of Law. The title of his speech was “An Environmental Dream or Regulatory Nightmare? In Pursuit of a New Public Trust Through Hydraulic Fracturing Law and Regulation.” He also presented “The Big Fracking Challenge: Building Constructive Discourse on Hydraulic Fracturing” at the International Union for Conservation of Nature Academy of Environmental Law (IUCNEAL) 2014 Colloquium in Tarragona, Spain.

James Van Nostrand, director of the Center for Energy and Sustainable Development, gave a presentation on “Getting to Utility 2.0: Merging Technological Innovation and Capital Deployment with the Energy Market Regulatory Paradigm” at the International Union for Conservation of Nature Academy of Environmental Law (IUCNEAL) Colloquium in Tarragona, Spain.

Charles DiSalvo, the Woodrow A. Potesta Professor of Law, served as a panelist at the North American South Asian Bar Association’s 2014 convention. Co-panelists were the Hon. Sanjay Tailor and Rajmohan Gandhi (Mahatma Gandhi’s grandson). The discussion centered around Gandhi’s early life.

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Associate professor of law Alison Peck has been awarded a $10,000 research grant from WVU’s National Research Center for Coal and Energy and Office of Research as part of the newly launched WVU Shale Gas Network program. Peck, who works closely with the College’s Center for Energy and Sustainable Development, will develop recommendations for regulations to protect water resources in connection with shale gas development in Argentina.

HIGHLIGHTS

Charles R. DiSalvo

Faculty Articles and Bookshelf

M.K. Gandhi, Attorney at Law: The Man Before the Mahatma

Valena Beety, associate professor of law and co-director of the clinical

(University of California Press, 2013)

law program “Risk and Execution: The Local Impact of Capital Cases on Mississippi Counties,” 82 Miss. L.J. 1337 (2013)

BRIEFS

“Criminality and Corpulence: Weight Bias in the Courtroom,” 11 Seattle J. for Soc. Just. 523 (2013) Kelly Behre, visiting associate professor of law

PROFILES

“Motivations for Law Student Pro Bono Work: Lessons Learned from the Tuscaloosa Tornado,” 30 Buff. Pub. Int. L.J. 1 (2013) Gregory Bowman, interim dean and professor of law

Michael Blumenthal Just 3 Minutes Please: Thinking Out Loud on Public Radio (West Virginia University Press, 2014)

DEVELOPMENT

“A Prescription for Curing U.S. Export Controls,” 97 MARQUETTE L. REV. 599 (2014) Kendra Fershee, associate professor of law “The Parent Trap: The Unconstitutional Practice of Severing Parental Rights without Due Process of Law,” 30 Ga. St. U. L. Rev. 639 (2014) James J. Friedberg, Hale J. and Roscoe P. Posten Professor of Law “Nuclear Weapons, Elephants, Israel, and the World Court,” Palestine Israel Journal, Fall 2013

Anne Marie Lofaso Modern Labor Law in the Private and Public Sectors (Lexis Nexis, 2013-14)

Katherine Garvey, director of the Land Use and Sustainable Development Law Clinic “Legal Consequences of Adopting New Floodplain Maps in New Hampshire,” 43 Envtl. L. Rptr. 10564 (2013) Thomas O. Patrick, teaching associate professor of law “Writing Effectively in the Legal Environment,” The West Virginia Lawyer, April-June 2013 Alison Peck, associate professor of law “Does Regulation Chill Democratic Deliberation? The Case of GMOs,” 46 CREIGHTON L. REV. 101 (2013)

James R. Elkins, editor Lawyer Poets and That World We Call Law (Pleasure Boat Studio, 2013)

William Rhee, associate professor of law “When Fox and Dog Legislate the Hen House: National Egg-Laying Standards, Interest-Convergence, and the Clucking Theorem,” 65 MAINE L. REV. 277 (2013) (with Lucinda Valero) Matthew Titolo, associate professor of law “Leasing Sovereignty: on State Infrastructure Contracts,” 47 U. RICH. L. REV. 631 (2013) (cited by Stroh Ranch Development, LLC v. Cherry Creek South Metropolitan

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Dist. No. 2, 2013 WL 1129422 (D.Colo., March 18,2013))

Joshua Weishart, visiting associate professor of law “Transcending Equality Versus Adequacy,” 66 Stanford Law Review 477

Holly Schwartz Temple West Virginia Legal Research (Carolina Press, 2013-2014)

Professor of the Year: Elaine Wilson

ssociate Professor Elaine Waterhouse Wilson was named Professor of the Year by the Class of 2014.

Wilson joined the WVU Law faculty in 2012. An expert in tax law and charity law, she was formerly a partner practicing in the Tax-Exempt Organizations Group of the Chicago office of Quarles & Brady LLP. “Since arriving at the College of Law, Professor Wilson has contributed to a flurry of interest in tax law. She has taken the tax curriculum to new heights, teaching federal income taxation, nonprofit organizations, estate and gift tax, business income tax, and coaching WVU’s first-ever tax moot court team,” said class president Katherine Wilson ’14, of Huntington, West Virginia. “When this class began its search for nominees for this award, each student was advised to consider a professor who has had a substantial impact upon our class as a whole — educationally, emotionally and longlastingly. My e-mail inbox quickly became flooded with nominations for Professor Wilson.”

Faculty Granted Tenure Joshua P. Fershee, professor of law, J.D., Tulane University

Jena Martin, associate professor of law, LL.M., University of Texas

Alison Peck, associate professor of law, LL.M., University of Arkansas

William Rhee, associate professor of law, J.D., Northwestern University

LAW HOMECOMING 2014 Tailgate on Law School Hill two hours before kickoff!

WVU vs. Kansas Saturday, October 4

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FOR MORE INFORMATION visit: law.wvu.edu/homecoming2014 | email: Margaret.Obuch@mail.wvu.edu

BOB’S WORLD:

A DOG STORY

by Stewart Plein, Assistant Curator for West Virginia Books and Printed Materials, Rare Book Librarian, WVU Libraries

THE WVU COLLEGE OF LAW SCHOOL MASCOT FROM 1907–1910 The College of Law’s mascot from 1907-1910 was the beloved pet and constant companion of William P. Willey, one of WVU’s first law professors and founder of the West Virginia Law Review (1894). Bob, a medium-sized dog with black and tan markings, was more than one man’s best friend: He was known and loved by every law student. Considered by both faculty and students as the law school’s mascot, Bob faithfully attended every class

1911 Monticola, WVU’s yearbook. This loving tribute referred to Bob as “one of the boys,” and “Professor Willey’s gentlemanly dog.” Classrooms were spacious in Woodburn Hall, WVU’s flagship building and first home to the College of Law. Bookcases lined the walls and the professor’s desk was elevated on a raised platform, providing a full view of the classroom and students. Bob took his seat on the platform while his master lectured.

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He was as regular in his attendance upon the lectures as Professor Willey, himself, for they were inseparable.

and lecture with his master until the animal’s tragic death from poisoning on January 16, 1910. In recognition of his passing, the junior law class published a four-page tribute to Bob in the

The following quote from the law department tribute to Bob states: “He was as regular in his attendance upon the lectures as Professor Willey, himself, for they were inseparable. He

occupied a place on the platform, it was said that he had become so familiar with the law that he did not always pay close attention, but would betimes lapse into a nap.” After Bob’s death, Willey shared his sad news with his class saying, “I loved that dog, because he was worthy of love. And the more I compare him with men, the more I love and revere the memory of Bob. And the man who gave Bob poison will go to a worse place than Bob has gone. I hope and believe I will meet Bob somewhere in the great beyond; but I do not want to meet the man who murdered him — we could not live in the same place . . . Good bye, Bob, I do not know where you have gone, but I will look for you, and search for you among the mysteries of the hereafter.”

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Bob was present in nearly every class picture between the years 1907-1910. The old class photographs lining the College’s hallways, begun in the early years of Willey’s professorship, draw us into Bob’s world, allowing us to take a second look at the law school faculty, students and the University through Bob’s eyes. From his first appearance in WVU’s yearbook, in the 1907 Delta Chi Law Fraternity photograph, to his last in the loving tribute printed in the 1911 annual, no dog has filled the role of law school mascot since Bob’s passing.

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Ice on the Elk River, Charleston, West Virginia Photo Credit Phillip C. Landmeier via Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic 24

ERSPECTIVES on the Elk River chemical spill

On January 9, 2014, a leak was discovered at a chemical storage facility owned by Freedom Industries on the Elk River near Charleston, West Virginia. The leak resulted in more than 7,000 gallons of 4-methylcyclohexanementhanol (MCHM), a coal-cleaning chemical, to spill into the river upstream from a West Virginia American Water intake, treatment, and distribution center. Following the spill, Governor Earl Ray Tomblin issued a state of emergency, telling more than 100,000 customers of West Virginia American Water — about 300,000 people in nine counties — that they could not ingest, cook, bathe, wash, or boil their water. President Barrack Obama also declared the chemical spill a federal state of emergency.

“

When the well runs dry, we shall know the value of water ... an ounce of prevention is worth a pound of cure. — Benjamin Franklin The impact of the water ban was deeply felt in homes, schools, restaurants, hotels, and other businesses and industry in the region. The ban was lifted 10 days later, but not until after making a significant, negative impact on a sizable portion of the state. The Elk River chemical spill has important and wide-ranging implications, including legal and regulatory issues impacting health and human rights, the environment, and business development. Based on their areas of interest and expertise, several WVU Law professors and clinicians offer different perspectives on the Elk River chemical spill. LAW.WVU.EDU

U.S. Army Pvt. Thomas Smith fills a tank with clean water for those affected by the chemical spill.

An Argument for Regulation by Patrick McGinley, Charles H. Haden, II Professor of Law

Benjamin Franklin once said, “When the well runs dry, we shall know the value of water.” He also famously said, “An ounce of prevention is worth a pound of cure.” Both observations come to mind with regard to the Elk River contamination.

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Never, in modern American experience, has there been such widespread contamination of public drinking water supplies. Suddenly and abruptly, 300,000 West Virginians lost the most basic element of healthy living — clean water.

The New York Times quoted a few of their reactions. A public relations executive told the Times that she was afraid to drink the water. “People are turning on their taps, they’re smelling water that still has the chemical in it and is discolored . . . nobody believes anything anymore. We feel lied to.” A Charleston cabdriver and musician said, “I grew up smelling [air pollution] every morning. I make money off . . . industry. Everybody here makes money from [industry]. I’d just like to see them play by the rules, and make sure there are rules.”

Interestingly, most West Virginians were and are unaware that more than half of our state’s waters are impaired by raw sewage, agricultural runoff, and discharges from industrial plants and mining operations. In fact, a 2010 EPA West Virginia Water Quality Assessment Report found that 11,602 miles or 61.7 percent of our streams and rivers are impaired and that 49.9 percent of streams are impaired, with regard to their use for public water supplies. Many West Virginians also do not know that 42 percent of their rural-dwelling neighbors draw their water from wells and springs and that over the last century, thousands of these sources of pure drinking water have been contaminated beyond repair by industrial activities and natural resource extraction operations. Notwithstanding the obvious threats to state water supplies, many in business and politics have begun to attack the concept of government health, safety, and environmental regulation. They allege that such rules have killed jobs and injured or destroyed

and short-term costs and benefits of regulation. Achieving that goal, however, is easier said than done.

Senator Jay Rockefeller disagrees: “I reject the notion that proper government oversight chases away business or that any regulation kills jobs,” said the Senator in response to the water contamination crisis. “In fact,” he argued, “the reality which we’re witnessing firsthand is that insufficient regulation unjustly cripples other businesses. The resources of every government agency should be fully brought to bear to protect the public, assist in recovery and prevent such tragedies from occurring in the future.”

I have been privileged to teach, write and litigate about environmental and natural resources law issues for almost four decades. I draw several lessons from the Elk River contamination: human beings often take basic resources like clean water for granted; no one wants polluted water flowing from their spigot; and government works best when citizens are informed and make their voices heard by politicians, industry, and bureaucrats.

Regulation is not the answer to every ill of society, but it has an important role to play in the 21st century. —Patrick McGinley Tragedies remind us that we live in a society that recognizes the necessity of regulating some types of business and industrial activities. The goal of environmental regulation is to protect public health and safety and to force the internalization of externalized costs of pollution. “Externalization of costs” occurs when a company pollutes a stream or water supplies and is not held responsible by the law. The Elk River contamination provides an example of externalized costs. The company responsible for the pollution sought bankruptcy protection. Individual property and business owners, families, and the government were left to suffer financial losses as a result of the unavailability of potable water. The costs of annoyance and inconvenience as well as possible latent physical injuries are incalculable. Effective regulation forces companies to do whatever is necessary to avoid imposing such costs on the public or suffer serious adverse consequence. Of course, as Ben Franklin observed, regulations that prevent foreseeable harm are the best way to avoid harm. But, in order for regulation to be effective, two things have to come together. First, laws have to cover the possible dangers posed by regulated activities and, second, the laws must be enforced. When both merge, they deter the kinds of conduct that led to the Elk River spill. Regulation is not the answer to every ill of society, but it has an important role to play in the 21st century. Moving past contentious political arguments, the decision to regulate must be based on objective facts that accurately identify the long-term

A local resident receives clean water after the spill.

The West Virginia legislature took a step in the right direction when it listened to outraged citizens and enacted a new law — Senate Bill 373 — that regulates above ground chemical storage tanks. It contains provisions that, if properly administered and enforced, have the potential to provide substantial protection of public drinking water supplies. The new law gives the West Virginia Department of Environmental Protection (DEP) the responsibility to create rules necessary to effectuate legislative goals. Whether DEP will create and enforce effective rules to protect public drinking water remains to be seen. At least 300,000 West Virginians who suffered the consequences of ineffective regulation and enforcement will be watching.

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Photo Credit (top left) The West Virginia National Guard via Creative Commons Attribution 2.0 Generic (bottom right) Mountain Justice Photos via Creative Commons Attribution-Noncommercial ShareAlike 2.0 Generic

the economies of local communities and that businesses and industries can be trusted to regulate themselves.

The Need for Land Use Planning by Jesse Richardson, Lead Attorney, Land Use and Sustainable Development Law Clinic

Although much of the focus in the aftermath of the Elk River spill has been on Freedom Industries, and rightfully so, I am equally concerned about the lack of planning and foresight by West Virginia American Water.

does not prove fatal to cedar trees, but it is fatal to apple trees). Both the chemical company and the water provider, standing alone, are valid land uses, but like oil and water, the two do not do well together.

I have asked “which was there first, Freedom Industries, or West Virginia American Water?” and few, if anyone, seem to really know or to have even asked the question. Although both entities failed to take due care, the one located on the river last should, in my mind, bear the bigger burden. If, for example, West Virginia American Water (WVAW ) “came to the nuisance” and located shortly downstream of

Another issue that comes to mind is the lack of planning by the county (and Freedom Industries, for that matter). Companies should not store hazardous substances along a waterway. The location of the storage facilities and the plant meant that the impact of any accident would be magnified manyfold. The locations of both parties are doubtless artifacts of history, but the county should have

Both the chemical company and the water provider, standing alone, are valid land uses ... but like oil and water, the two do not do well together. —Jesse Richardson a company that stores chemicals along the river, what were they thinking? Even if WVAW was there first, how could they not have a backup plan if the river is contaminated? Accidents happen and WVAW should have a contingency plan to assure that clean water can be delivered to customers in emergency situations.

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These reactions doubtless arise due to the land use law lens through which I view the world. Does WVAW have a valid nuisance claim against Freedom Industries? Does Freedom Industries have a valid nuisance claim against WVAW?

The situation brings to mind my favorite United States Supreme Court case, Miller v. Schoene, 276 U.S. 272 (1928). In that case, the Virginia state entomologist ordered ornamental cedar trees near apple orchards be destroyed to prevent the spread of cedar rust to the apple trees. But cedar trees with cedar rust do no harm unless they are close to apple trees, and apple trees are no threat to surrounding landowners unless that landowner has infected cedar trees (cedar rust

drawn the community together to discuss the potential implications and plan to minimize the hazards. That's called land use planning. The chemical spill in the Elk River is a horrible incident that has caused damage to the environment and to many citizens of West Virginia. The implications cannot and should not be minimized, and I do not intend to do so. However, some good may come from this incident. My hope is that the spill will prompt the community to engage in a public land use planning process that will prevent some future incidents from occurring and will prepare the community in the case that an accident occurs in the future. Planning for disasters can both minimize the chance of the disasters from occurring and minimize the damages from future accidents that occur. I see signs of citizens mobilizing for such an effort. Although we should never forget the horrors of the chemical spill, planning efforts can ensure a brighter, and safer, future for the citizens of West Virginia.

Photo Credit dogberryjr on Flickr via Creative Commons Attribution-Noncommercial 2.0 Generic

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Freedom Industriesâ&#x20AC;&#x2122; storage tanks on the bank of the Elk River

Effective Laws Require Enforcement by Joshua Fershee, Professor of Law

When southern West Virginia experienced a disastrous chemical spill into the Elk River that left 300,000 people without safe water, one of the key problems was the lack of widespread concern. Despite the large number of people impacted, even in the immediate aftermath the disaster failed to reach the major weekend national news shows. Other events, such as New Jersey Governor Chris Christieâ&#x20AC;&#x2122;s bridge scandal, pushed the story to other, smaller and more local outlets.

The law establishes a new regulatory regime for above ground storage tanks. Among other things, the state now requires a leak detection system, a spill prevention response plan, and annual inspections, and the Department of Environmental Protection has the power to set fees to cover the enforcement and implementation costs. New laws and regulations can be helpful, but the value of such laws and regulations is still rooted in enforcement. If,

The water crisis was not simply a lack of regulations; it was also a failure to enforce existing laws. â&#x20AC;&#x201D;Joshua Fershee

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The chemical spill highlighted serious failures by the corporation storing the chemicals that leaked, as well as failures by the environmental regulators charged with oversight of chemical storage in the state. Chemical storage is an issue that must be addressed, and West Virginia took a good step forward in passing Senate Bill 373 to address above ground storage tanks.

Aerial view of Charleston, West Virginia

for example, annual inspections do not occur or minor penalties are assessed for failing to comply with the new requirements, the protections will be nothing but hollow promises. The water crisis was not simply a lack of regulations; it was also a failure to enforce existing laws. The most important lesson from the water crisis is that well-trained and wellstaffed regulators are as critical as new laws when seeking to minimize and mitigate environmental harms.

It’s Time to Talk Business and Human Rights by Jena Martin, Associate Professor of Law

The Elk River disaster is an example of how human rights concerns have important domestic dimensions that we often do not think about. Issues like the right to water and the right to health are internationally recognized and protected rights for all human beings. However, oftentimes in the United States, we don’t frame these issues as human rights issues. Instead, we talk about them in terms of safety, workers’ rights, and discrimination. Examining these issues with a business and human rights lens underscores just how important they are. The concepts of human rights, due diligence and human rights risk assessment combine corporate knowledge and human rights knowledge. I think talking about it that way in the United States would help us standardize some important topics in modern society. By looking at the Elk River disaster from a business and human rights view, we can say things like, “Did the company do a risk assessment of the plant before construction?” and “Did they conduct human rights due

Many corporate frameworks for addressing negative human rights impacts have come out of tragedy, scandal, and disaster. Bhopal and Fukushima come to mind. The danger is if companies spend so much time in reaction mode, they don’t take a breath to think about how to do things in the future. If there are tangible next steps like setting up a fund that is set aside for inspection for the purpose of human rights risk assessment, then that’s a more thoughtful response. The point is to make sure the focus is on the individual — not just on the bottom line or legal compliance within a regulatory framework. As a corporation, are you doing things that are going to hurt people or the community even if it brings progress and community development? It’s never OK to hurt people or violate their human rights, even if it will cause some type of positive impact. Having a business and human rights framework could help corporations focus more on and encourage creative thinking for alternative solutions — ones that might benefit the company much more in the long run.

A human rights due diligence approach ... would help to establish corporate codes of conduct. diligence by taking a look at whether it was a good idea for the community to have this facility two miles upstream from a water treatment plant?” Answering those types of human rights-based questions would have brought any problems to light before a leak occurred. A human rights due diligence approach also would help to establish corporate codes of conduct. Why is a code of ethics important? It establishes what your values are on the front end before accidents happen. It’s about being proactive instead of, in the case of the Elk River disaster, reacting to water smelling like licorice and causing rashes.

The good news is that there are already human rights standards in existence, endorsed by the United Nations’ Human Rights Council in June 2011. These are internationally recognized and supported guidelines that allow corporations to conduct their business and look at these challenges through a human rights lens. If nothing else comes out of the Elk River disaster other than a greater corporate awareness that there are ready-made principles in place and that they can be used to avoid future disasters, then that would be a good thing. By thinking about things from a business and human rights perspective, it can create a symbiotic relationship between businesses and the community in a way that helps both.

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Photo Credit Steve Shaluta, West Virginia Department of Commerce

—Jena Martin

at the Battle of Hampton Roads, witnessing the historic first naval battle between ironclad ships. After the battle, the Union and Confederacy both claimed victory, though historians say it resulted in a draw. Brooke recalled the story differently: Years later, he often told law students and colleagues the true tale of how the Union’s Monitor “sailed away” from the confrontation in defeat.

Battle of Hampton Roads, Merrimack v. Monitor

From the Civil War to the College of Law

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St. George Tucker Brooke

West Virginia was born in the Civil War when the residents of the western region of Virginia opposed secession from the Union. Congress granted statehood on June 20, 1863. Fifteen years later, in 1878 when the College of Law was established at West Virginia University, the Board of Regents knew they would need a lawyer and born leader at the helm. Enter the charismatic Confederate Civil War veteran St. George Tucker Brooke. Judge Daniel B. Lucas was originally asked to be chair of law and equity at the new law school. He declined, but recommended his brother-in-law, Brooke. An 1869 graduate of the University of Virginia law school, Brooke was practicing in Jefferson County, West Virginia, and was respected throughout the state. The Regents agreed, finding that Brooke possessed the experience, knowledge, and intellect to teach and guide future lawyers. He also had a background defined by bravery and leadership. Before law school, Brooke served in the Confederate Navy. In command of a gun on the CSS Nansemond, he was present in 1862 when the Monitor and the Merrimack fought

by Kaylyn Christopher, Public Relations Specialist

Brooke’s military service didn’t end at sea. He volunteered for Company B of the Second Virginia Cavalry and saw action in more than 21 battles, including the Wilderness and Gettysburg campaigns. In May 1864, Brooke’s horse was shot out from under him on two separate occasions. He was later shot off a horse, which resulted in injuries that he would carry with him for the rest of his life. For his bravery and loyal service in the Civil War, the Daughters of the Confederacy awarded Brooke the Confederate Cross of Honor in 1903. General Thomas Munford said Brooke was “as brave as the bravest and as loyal to the cause as any that ever served or fought under its flag.” As the first law professor at WVU, Brooke often drew upon lessons learned from his war experiences as well as his academic and professional background to engage students in the practice of law. Brooke

Photo Credit (top left) Library of Congress (bottom) National Archives and Records Administration

eventually went on to serve as dean of the law school from 1903 to 1906. George Wesley Atkinson, U.S. Congressman and 10th governor of West Virginia, wrote that Brooke “… was not only a learned lawyer but he was gifted as a teacher and was a most entertaining instructor.” (Bench and Bar of West Virginia, Virginia Law Book Company, 1919) In addition to his teaching responsibilities, Brooke authored Common Law Practice and Proceedings (1896), which was used extensively by students and the legal community at large. He also wrote a number of articles published in law journals and magazines throughout the United States. In 1907 and 1908, he served as president of the West Virginia Bar Association. After taking a leave of absence in 1908 due to health concerns, Brooke never returned to the law school he helped establish. He died in 1914. The soldier

Civil War veteran and first WVU law professor St. George Tucker Brooke (1844-1914). He was dean of the College of Law from 1903-1906.

He was not only a learned lawyer but he was gifted as a teacher and was a most entertaining instructor. —George Wesley Atkinson, 10th Governor of West Virginia

turned law professor would always be remembered for instilling knowledge and enthusiasm in hundreds of students and for setting the stage for the future prominence of West Virginia’s only law school.

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“Beginning his work with but one student, Professor Brooke remained long enough to see the development of the work into a full college,” said WVU President Dr. Thomas Hodges in his 1911 inaugural address. “In every county in the state there are attorneys who learned from him not only the essential principles of law, but caught something of his spirit of courtly demeanor and chivalrous honor that made him so loved and revered by all who sat under his teaching.”

Gettysburg, Pennsylvania

Thank You, Joyce Dean McConnell’s Leadership

Defined by Vision and Progress

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by John W. Fisher, II William J. Maier, Jr. Dean Emeritus, and Robert M. and James D. Steptoe Professor of Property Law Emeritus

As many of you know, at the end of the 2013-2014 academic year, I retired. Plans for my retirement started several years earlier when I signed up for West

One month after my last day as a member of the faculty, the announcement of another “retirement” came as a surprise. Dean McConnell announced that she

that Gordon would have asked her to become our University’s top academic officer, it is not easy to see her departure as our dean.

Virginia University’s phased retirement program. Thanks to Dean Joyce McConnell and fellow faculty members and friends, the occasion has provided me with many fond memories of my many years with the College of Law.

had been asked, and had accepted, WVU President E. Gordon Gee’s request that she serve the University as provost and vice president for academic affairs. It was with mixed feelings that I learned the news. While it was very understandable

Since Joyce joined our faculty in 1995, we have worked together and have been friends. We both taught the first-year property courses. She twice served as the associate dean for academic affairs while I was dean. During my time as dean,

she served as a chair of the committee to revise the curriculum, and later as our liaison for the early planning with the architect designing the expansion and renovation to the College of Law. The position of associate dean for academic affairs is often a thankless job. One in that position deals with a host of problems as it relates to faculty teaching responsibilities and the scheduling of the classes, and with students dealing with academic problems and personal issues. While there are plenty of problems to deal with, the associate dean gets little public recognition of a job well-done. In addition to the normal problems, Joyce was the associate dean when we were faced with the terminal illnesses and ultimate deaths of professors Carl Selinger and Ann Maxey, and the serious illnesses of Professor Frank Cleckley and our registrar, Jackie Bennett. It was, indeed, one of the most stressful and difficult periods as it related to academic planning and implementations at the College of Law during the more than 40 years that I had been a member of the faculty. Joyce was very caring, concerned, patient, and skillful in dealing with these problems and their solutions.

Under her leadership, our College of Law has navigated the recession, the difficult job market for lawyers, and a national significant decline in law school applications, far better than most law schools. Thanks to Joyce’s leadership, our College is very wellpositioned for the future in a changing legal education environment. While Joyce will certainly be missed, we should celebrate, and be thankful for, the many things she has achieved as our dean, and take comfort in the fact that both WVU’s provost and president understand legal education, and the very special role, opportunity, and challenges that our College faces in the future. We should be happy that Joyce’s skills and talents as an academic leader and as a person have been recognized with her promotion, and wish her the very best with her new challenges and responsibilities.

Former dean Joyce E. McConnell joined the WVU Law faculty in 1995, became a full professor in 1998, and the Thomas R. Goodwin Professor of Law in 2002. She served two terms as the associate dean for academic affairs under Dean Emeritus John Fisher, and became the dean in 2008. Effective July 1, 2014, she was appointed WVU provost and vice president for academic affairs by President E. Gordon Gee.

McConnell’s accomplishments during her tenure as dean of the WVU College of Law include: • Raised $36 million for A State of Minds: The Campaign for West Virginia’s University. • Established the Center for Energy and Sustainable Development. • Established the Center for Law and Public Service. • Established ﬁve law clinics: o Entrepreneurship and Innovation

o Land Use and Sustainable Development

o Veterans Assistance

o United States Supreme Court

o Medical-Legal Partnership (with WVU Hospital) • Formalized the West Virginia Innocence Project, a WVU Law clinic. • Oversaw the development of WVU Law’s ﬁrst two LL.M. programs in Energy and Sustainable Development Law and Forensic Justice. • Oversaw vital curriculum changes to meet the needs of today’s lawyers, focusing on the development of professional practice-ready skills. • Oversaw the creation of WVU Law’s ﬁrst J.D. concentrations: Public Service Law and Energy and Sustainable Development Law. • Oversaw the $26 million expansion and renovation of the College of Law. • Increased overall efforts in fund-raising, recruiting, and communications.

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Joyce was well-prepared for the deanship. She had been actively involved with law school governance, truly loved her adopted state of West Virginia, had built a very good working relationship with the bench and bar, and had the support of the students and faculty. She has excellent people skills. As dean, she has done an excellent job under the difficult challenge of working for five different presidents, and several different provosts. Under her leadership, the expansion of the College has been completed, and a new LL.M. program (our first) in Energy and Sustainable Development Law has been acquiesced by the ABA and implemented, among other accomplishments. (Our second LL.M. program under Joyce’s

leadership, this one in Forensic Justice, was just acquiesced by the ABA and could start as soon as fall 2015.)

Thank You, John Retiring Dean Emeritus,

John Fisher, Leaves An Enduring Legacy

by Joyce E. McConnell, University Provost and Vice President for Academic Affairs

It had to happen sometime, no matter how we denied the inevitable: John Fisher, the William J. Maier, Jr., Dean Emeritus and Robert M. Steptoe and James D. Steptoe Professor of Property Law, retired at the end of this academic year. It almost defies imagination to see WVU and the College of Law without his presence and steady guidance. Dean Fisher leaves a legacy built on 43 years of dedicated service powered by his love of West Virginia, its citizens and his commitment to educating lawyers and leaders for his beloved state.

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To know Dean Fisher is to know he was born with WVU gold and blue in his veins.

From Moorefield (West Virginia) High School, he set his sights on West Virginia University. He arrived on campus in 1960 and earned his B.A. in History with honors in 1964. Along with his commitment to academics, he committed himself to Susan (Susie) Vass and married her in June 1964. While Susie Fisher taught in the Monongalia County Schools, Dean Fisher immediately started his legal education at the WVU College of Law, graduating in 1967, Order

of the Coif, first in his class and editor-inchief of the West Virginia Law Review. Recognizing Dean Fisher’s talent, the Honorable Robert E. Maxwell, United States District Court for the Northern District of West Virginia, asked him to serve as his clerk. Dean Fisher clerked from 1967 to 1968. The year 1968 was an important year for work and family: the

education administrator, including serving WVU President E. Gordon Gee from 1982-86, public servant, and 15th dean of the College of Law from 1998 to 2008. A list of his title and positions, however, does not do justice to Dean Fisher’s expertise, accomplishments, inspirational leadership of the College of Law, his mentoring of thousands of students (now members of the Bar), or the wise counsel he provided to countless leaders at WVU and throughout the state.

Start with his reputation as West Virginia’s property law expert: the West Virginia Supreme Court of Appeals recognizes him as “the state’s foremost authority in the field of property law.” After College of Law Faculty, 1972; John Fisher (back, fourth from the left) exhausting all other resources, governors, judges and attorneys call John Fisher with Fisher’s son, Jay ( John W. Fisher, III), confidence knowing that if anyone can was born, and Dean Fisher joined the answer sui generis questions of property firm of Farmer & Farmer in Morgantown law, it is Dean Fisher. where he pursued his love of property law. Understanding how important it is to the While practicing, he was a lecturer at the state to clarify certain issues in property College of Law and in 1970 the Fishers law, Dean Fisher dedicated his research welcomed their daughter, Jennifer, to the and scholarship to publishing law review family. A year later, Dean Fisher left the articles in the West Virginia Law Review firm to become an assistant professor of and to teaching continuing legal education law. This was the start of Dean Fisher’s courses. When he stepped down as legacy as a teacher, scholar, and higher dean, he committed himself to writing

articles that would provide doctrinal and analytical guidance to property lawyers throughout the state. Five years later, he has met his goal to contribute law review articles, brilliant in their treatment of difficult property law issues, yet fully accessible to practicing lawyers. Thus, his scholarship represents the pinnacle of what scholarship should be — excellent and useful. Lawyers flock to his continuing legal education classes to absorb the wisdom of his years of writing about and teaching property law. As a teacher, Dean Fisher had a style all his own. He commanded the classroom with brilliance, expertise and quiet authority. In one breath students will tell you they were awed by his presence, yet inspired to excellence by his high expectations. No one wanted to disappoint Dean Fisher in the classroom. He took great pride in those students who excelled in his classroom, particularly those who shared his passion for the role that property law plays in building wealth and balancing interests. Outside the walls of the College of Law, Dean Fisher exemplifies the concept of the public scholar and servant of the state who uses his expertise to comment upon and to improve the law. In 1992, the West Virginia Legislature adopted his proposed reform of the law of intestate succession and elective shares. In 1994, the legislature adopted his proposed limited liability for landowners granting easements to the HatfieldMcCoy Trails Project. From 20022004, he led the West Virginia Law Institute through a process of drafting legislation to reform landlord/tenant law. He served as a federal magistrate, on rules committees, and on judicial vacancy commissions.

It is an understatement to say that Dean Fisher leaves a legacy at the College of Law. His close friends James “Buck” and Hallie Harless donated $1 million to name the new practice courtroom in his honor so future law students will know what he meant to the University, the College, and the state. To make his work known and accessible to generations of lawyers to come, West Virginia Law Review has published an issue dedicated to Dean Fisher’s scholarship. In addition to these tangible honors, Dean Fisher’s impact is and will be felt throughout the College, from the new addition, the renovated classrooms, and the strength of the curriculum, to the excellence of the faculty, and through the thousands of lawyers now and in the future who have or will be influenced by his character, honesty, loyalty, brilliance, wisdom, graciousness and longterm commitment to improving the profession. For that, and your friendship, thank you, Dean Fisher.

At the end of the spring semester, the College of Law hosted a retirement celebration and courtroom dedication for John W. Fisher, II. Hundreds of friends, colleagues, former students, and admirers gathered in the new event hall and classroom wing to pay tribute to Dean Fisher. Among the guest speakers were E. Gordon Gee, president of WVU; Charles Love, III of Bowles Rice LLP; Robert Steptoe of Steptoe & Johnson PLLC; the Honorable John T. Copenhaver, Jr.; attorney George R. Farmer, Jr.; and Charles Lorensen, chief of staff for West Virginia Governor Earl Ray Tomblin.

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Too extensive to describe in detail, Dean Fisher’s service is exemplary. So much so that he was twice awarded the Distinguished West Virginian Award, from Governor Tomblin this year and

Governor Manchin in 2008. Dean Fisher is a Fellow of the American Bar Foundation and the West Virginia Bar Foundation.

ALUMNI PROFILES Spaulding, Bowman Receive Justitia Ofﬁcium Award

ach year, the Justitia Officium Award is presented in recognition of outstanding contributions and service to the legal profession. It is the highest honor the West Virginia University College of Law bestows. The award was established in 1978, in commemoration of the 100th anniversary of the founding of the College of Law.

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Justitia Ofﬁcium Award

Judge O.C. Spaulding (left) with Forest “Jack” Bowman (right)

The recipients of the College’s 2014 Justitia Officium were Judge O.C. Spaulding ’73, of Hurricane, West Virginia, and Professor Emeritus Forest Bowman ’63, of Morgantown, West Virginia. They received their Justitia Officium Award at Commencement in May.

Judge O.C. Spaulding The Honorable O.C. “Hobby” Spaulding was Judge for the 29th Judicial Circuit serving Putnam and Mason counties for 19 years. He retired at the end of 2011 due to amyotrophic lateral sclerosis, or ALS.

a justice of the Supreme Court of Appeals of West Virginia. A past president of the West Virginia Judicial Association, he served during the year when Governor Manchin appointed a commission to study the selection of state judges.

Judge Spaulding was born in Fairmont and raised in Huntington. He graduated in 1967 from the University of Kentucky with a bachelor’s degree in business. He earned his J.D. from the West Virginia University College of Law in 1973. Before attending WVU Law, Judge Spaulding was a systems engineer at IBM in Baltimore, Maryland. He credits Willard Lorensen, former dean of the College of Law, for setting him on a path in criminal law. In his second semester at WVU Law, at the request of Dean Lorensen, Judge Spaulding worked undercover in organized gambling in Morgantown.

Judge Spaulding has long valued his role as a mentor to others and was a frequent continuing legal education teacher. He began teaching criminal law to his fellow prosecutors and his activities as a mentor accelerated upon becoming a judge, especially when it came to explaining Supreme Court decisions on criminal cases.

Following graduation, Judge Spaulding established a practice in Hurricane and served as general counsel to the Putnam General Hospital. From 1977 to 1987, he was the full-time prosecuting attorney for Putnam County. He began serving as circuit judge for Putnam and Mason Counties in 1993. Over the course of his career, Judge Spaulding was appointed 14 times to fill in as

Judge Spaulding is also a longtime advocate of recording the entire police interrogation process as a means of minimizing false confessions, ensuring that suspect rights are observed, and using these detailed recordings to aid judges during pre-trial suppression hearings. Judge Spaulding has been generously assisting WVU Law students in the West Virginia Innocence Project to draft legislation to mandate recording of the interrogation process. He sees his work with law students as the capstone to his distinguished legal career. Judge Spaulding is married to Cabell County Circuit Judge Jane Hustead.

Forest Bowman Jackson & Kelly Professor of Law Emeritus Forest “Jack” Bowman taught at WVU Law for 23 years, retiring in 2002. During his tenure, he was named Professor of the Year by seven graduating classes and University Professor of the Year in 1998. In 1988, he was named Professor of the Year for all of higher education in the state by the Faculty Merit Foundation of West Virginia. Bowman is a fellow of the American Bar Foundation, an honor bestowed upon only one-third of one percent of all America’s lawyers. He is a member of the first class of fellows inducted in 1999. He is the only three-time recipient of the Certificate of Merit, the highest award the West Virginia State Bar can bestow on one of its members. While on the faculty of the College of Law, he developed a continuing legal education seminar business which took him to 31 states and two Canadian provinces, lecturing lawyers on legal ethics, lawyer malpractice, time management, stress management and professionalism. In 1995, the American Bar Association and the American Law Institute awarded him the Harrison Tweed Award for outstanding contributions to continuing legal education in America.

Bowman is a former captain in the U.S. Army Judge Advocate General’s Corps. After leaving the Army, he served a four-year term as civilian aide to the secretary of the Army for West Virginia. In 1970, he was named the first full-time executive director of the West Virginia State Bar and, in 1975, he was appointed the first administrative director of the Supreme Court of Appeals of West Virginia. A native West Virginian, Bowman was the first person in his family to attend college. He is a 1960 graduate of West Virginia University, where he served as student body president in 1959-60 and as Summit of Mountain (then the ranking WVU men’s honorary) in 1960-61. He earned his J.D. from the WVU College of Law in 1963, and in 1977 was named a graduate fellow of the Institute for Court Management. Bowman lives in Morgantown where he continues his work with the law, serving as special ethics counsel to the Pittsburgh-based law firm of Burns White. He is married to the former Myla Woodford of Belington, West Virginia. They have two sons and three grandchildren.

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In 2003, Bowman was inducted into WVU’s Order of Vandalia and, in 2011, he was named the University’s Outstanding Alumnus. He is also a former president of the West Virginia Bar

Association and is a past chair of the Board of Visitors of the Salvation Army’s Evangeline Booth College in Atlanta, Georgia.

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Determined To Make An Impact While studying Strategic Communications as an undergraduate at Elon University in North Carolina, Kelli Boone Ganz ’14, of Morgantown, West Virginia, found herself working as a media relations intern for the American Bar Association in Washington, D.C. Almost instantly, her interest in the law was born. Ganz continued on the path toward completing her communications degree, but she also actively explored what the legal profession had to offer. It was when Ganz later began working for the Center for Death Penalty Litigation that she found her calling. “I fell in love with criminal defense. I was just so passionate about it,” Ganz said. “I could not believe the errors in our justice system.” Determined to make an impact, Ganz mapped out a future for herself. “I said ‘I’m going to go to law school and I want to be a public defender.’” Ganz chose to pursue that dream at WVU. Her passion for the law plus a competitive spirit led her to be the first female chief justice of the Moot Court in almost a decade. “It’s something I found I get an adrenaline rush from,” she said. “It’s like sports for law school.” Ganz, who also organized the 2013 Barrister’s Ball, said Moot Court combined her favorite aspects of the law — oral advocacy and written advocacy — with her love for event planning. “That’s what made me realize it would be the perfect position for me,” she said. Ganz used her role as chief justice to encourage other female law students to take a leading role.

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“We haven’t had a female chief justice in nine years, so I was ready for that,” she said. “It was about time.”

In addition to providing a competitive outlet, Moot Court does something more for law students. It prepares them to enter the legal profession with confidence.

“It involves the academic aspect of writing a brief and the ability to argue not only your side of the brief, but the other side, which is a crucial skill for any type of law,” Ganz said.

Kelli Ganz Class of 2014

In addition to being Chief Justice of the Moot Court, Ganz was also a member of the Lugar Trial Association and the Student Bar Association, and she worked for the West Virginia Innocence Project. According to Ganz, the small, intimate class sizes and endless opportunities at WVU Law provided her with a top-notch educational experience. “Everybody here knows who you are and what you’re interested in so they can really tailor to your needs,” she said. “I’ve had so many opportunities.” Now that she earned her J.D., Ganz has moved to Boston, Massachusetts, where she is clerking for United States magistrate judge Mary Page Kelly. After getting a few years of work experience under her belt, Ganz hopes to combine her law degree with her communications degree by hosting a talk show about criminal defense. “I feel society is blind to other side of the justice system,” she said. “We only hear about cases through the prosecution side and the state side.” Ganz plans to rectify that. “The most common phrase I hear is ‘What’s the defense going to put on to show he’s not guilty?’ but the presumption is supposed to be innocence,” she said. “I want to try to shift it back.”

From Central America To Law School Hill Growing up in El Salvador, Eduardo Villacorta ’14 was surrounded by family members working in healthcare. He could have easily followed in their footsteps by becoming a doctor. Instead, he chose to pursue a law career. “I thought it was a good, respectable profession,” Villacorta said. “And I really wanted to work in a field that would allow me to wear suits.” Villacorta, who graduated in May, has had plenty of opportunities to wear a suit. More importantly, he’s had lots of opportunities that only a law degree could open up to him. Villacorta first attended law school in El Salvador, where students enroll in a five-year program after high school. There, he learned the ins and outs of the Latin American civil law system. Although he immediately found work in El Salvador at a firm that dealt with imports and exports, Villacorta wanted to expand his knowledge of the law to include the common law system. “I knew that if I got to know both systems, I would be a better attorney and better help clients,” he said. So, Villacorta reached out to relatives in the United States for advice and suggestions. His cousin, who was an undergraduate student at WVU at the time, spoke highly of his experiences the University. Villacorta said his cousin’s opinion, plus the low tuition and a location close to large cities such as Washington, D.C., were what convinced him that Morgantown would be the perfect place to earn his J.D. He left behind his friends and family, as well as the beaches and tropical weather of El Salvador, for the strangers, mountains, and four seasons in West Virginia. Soon, strangers became classmates and friends; language barriers faded; and he was enjoying life in Morgantown. He saw snow for the first time (welcoming it with open arms); college football quickly got his attention; and tailgating in the fall became routine.

Eduardo Villacorta

Class of 2014 “It was an interesting experience being from another country and representing the United States,” Villacorta said. “It was exciting, and it was an honor. I’m glad I got to be a part of that.”

And though he originally came to WVU with aspirations of corporate law, Villacorta’s experiences opened up new possibilities. During a study abroad trip to Mexico, he got to know Posten Professor of Law James Friedberg, founder of the Immigration Law Clinic. Villacorta knew that his ability to speak Spanish and English would benefit many of the clients served by the clinic, so he signed up. In his first case, he realized how rewarding it could be. “After noticing how much I could help the client and seeing how happy he was because of the help he received, I got the feeling that I was doing something good for people,” he said. That feeling stuck with Villacorta, who moved to New York this summer to begin working at Penate Askinas and Miller, a firm that deals with immigration law. According to Villacorta, he may have never found his niche had he not kept an open mind. “Law school is a lot of work, but it’s a great experience,” he said. “My advice to others is to be open minded about the type of law you’d like to practice because you might find something meaningful in other areas of the law that you hadn’t otherwise considered.” Now, Villacorta does work every day that has a positive impact on the lives of others. “I realized through immigration law that the work I do enables me to go to bed feeling good about myself,” Villacorta said. “That’s how I knew this was the career for me.”

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Not only was Villacorta becoming involved in the WVU community, he was finding his place academically. While in law school, he served as president of the International Law Students

Association. He also represented WVU and the United States at the Jessup International Moot Court Competition in Washington, D.C.

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Q&A

ALUMNI PROFILES IN GIVING

Q A

What is your favorite WVU Law memory?

Winning the Baker Cup; then participating in the regional moot court competition in Norfolk, Virginia, where we came in second; then going to New York for the national finals, where we won our first two rounds but lost in the quarterfinal round. My partners were Delby Barker Pool, who now practices in Clarksburg, and Guy Bucci, who practices in Charleston. The trip to New York was particularly special. Arguments were held at The House of the New York City Bar on 44th Street in Manhattan, and the judges were prominent New York lawyers and judges.

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Who was your most influential professor?

Q A

How did WVU Law impact your career?

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Professor Jim McLaughlin probably had the most influence on me. We had some common interests, and his expertise in moot court competitions was extremely valuable as we prepared for regional and national arguments. He taught me constitutional law, administrative law, and anti-trust law. He also was a good friend during the law school years, teaching me how to grill steaks with “Justice Douglas sauce.”

Had I not attended the WVU College of Law, I would not have had the opportunity to do a summer clerkship at the Clarksburg office of Steptoe & Johnson in the summer of

1969. Upon graduation I accepted a job with a small firm in Washington, D.C., that specialized in federal communications law. After a year and a half, I realized that I didn’t want to live in a large city. Further, the lawyers, clients, and general nature of the practice in Clarksburg were much more interesting. For that reason my family moved back to West Virginia and I started with Steptoe & Johnson on November 29, 1971. I think one of the great advantages of attending WVU is the opportunity to get to know a lot of people who will be leaders in the profession and state over the course of their careers.

Q A

Robert M. Steptoe, Jr. Class of 1970 Partner and Former CEO Steptoe & Johnson, PLLC Chair, WVU Law Campaign Committee

Why do you support WVU Law?

Not only did the College of Law enable my career, but also the careers of my deceased brother, Jim Steptoe; my brother-in-law, Sprague Hazard; and my first cousin, Judge Thomas Steptoe. Further, the majority of Steptoe & Johnson lawyers always have been graduates of the College, and, as a member of S&J, I am indirectly indebted to the College because of the superior education provided to so many of my partners. Finally, I have financially supported the College because I believe it is critically important that West Virginia lawyers support the state’s only law school. Unless WVU’s College of Law is adequately supported, the quality of education will gradually diminish, and it logically follows that there will eventually be a negative impact on West Virginia and its citizens. We cannot allow that to happen.

Q A

Why did you establish the Robert M. Steptoe and James D. Steptoe Professor of Property?

My father died in May 2007, and my younger brother, Jim, died in August 2009. Our family (my mother, brother Phil, and sister Sally) was looking for an appropriate way to memorialize both of them. We considered a number of options but because both Dad and Jim were lawyers, and because so many members of our family are lawyers, we decided to explore the possibility of endowing a professorship at the College of Law. We did want the professorship to focus on property law, since that was the primary area of practice for both my father and my brother. All of us were extremely pleased that Dean Emeritus John Fisher was the first person named to receive this professorship.

Q A

What is your favorite WVU Law memory?

I remember the relationships that were an important part of the law school experience at WVU — connections with classmates, professors, staff members, judges, and practicing attorneys who visited the school. I am grateful, in particular, for the persons who provided encouragement and advice — information that, over the years, turned out to be the “right words at the right time.”

Q A

Who was your most influential professor?

I am grateful to so many people who were part of my WVU Law experience — some of whom remained friends and colleagues throughout my life and career. I was deeply touched, in particular, by a professor and his wife who gave me a special personal gift on the day of my law school graduation and who told me at the time, “We are very proud of you and have always said that, if we’d had a daughter, we would have wanted her to be just like you.” The thought of that incredibly kind gesture still brings tears to my eyes. I admired that gentleman so much and truly appreciate that he and his wife believed in me and demonstrated that in such a generous way. That type of encouragement strengthens and sustains you — and I strive to pass it on to others whenever I have an opportunity.

Q A

How did WVU Law impact your career?

I will always be grateful that I had the opportunity to go to WVU Law and to become a lawyer. It has been and continues to be a most challenging and satisfying career. I will never take it for granted — it enables me to serve in ways that I hope make a difference.

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Cynthia L. Turco Class of 1975 Vice President of Legal Affairs

Why do you support WVU Law?

I believe in the WVU College of Law and its commitment to providing quality legal education and serving the profession. It has been an important part of my life, and I want to see it survive and thrive as a resource for future law students and for the profession. It is important for me to contribute to maintaining the physical facility and educational resources that the College of Law needs in order to fulfill its mission. I want to support its continued growth and development because it has a strong legacy and a very important role to play in the future.

Q A

Why did you establish the Turco Family Scholarship for Law?

I believe in the University, and it’s a special part of my personal and professional history. I choose to contribute to the College of Law because we need a very good facility and related resources in order to provide high quality legal education — it’s that simple. In addition, I believe that providing a strong scholarship program is critical to the University and the College of Law. For me personally, establishing the Turco Family Scholarship for Law is a tangible way of expressing my deep appreciation for support I received from my parents as well as other mentors and benefactors who have helped me along the way.

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If I can help in some small way to make the path a little easier for others and enable them to pursue their dreams, I am honored to do so. There are many ways to serve in this profession; and having lawyers from diverse backgrounds and experiences will strengthen the profession. We need to open doors and provide opportunities — just as others have done for us.

CarolinaEast Health System New Dean’s Partner 2013-14

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Building for the Future, Investing in Legal Education

VU Law is undergoing an ambitious $26 million expansion and redesign to provide exceptional legal education opportunities. The 30,000 square foot expansion, completed this spring, includes new classrooms, the John W. Fisher, II Courtroom, an event hall, a faculty office wing, a clinical law wing, and the Hazel Ruby McQuain Dean’s Suite.

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Renovations over the next two years will result in redesigned and better-purposed spaces for students, including Academic Affairs, Career Services, and Student Services. The George R.

The College’s new event hall

New entrance to the WVU College of Law

Farmer, Jr. Law Library is undergoing a major renovation while the centers for Law and Public Service and Legal Reasoning, Research, and Writing will be housed in new offices. The expansion and renovation is also creating a “green” building that meets LEED standards.

New classrooms, equipped with state-of-the-art technology Conference room in the new faculty wing

The John W. Fisher, II Courtroom

Entrance to the law clinics The project is being funded by state and private support.

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The first floor classroom wing

he annual Dean’s Partners Gala recognizes supporters of legal education who contributed a minimum of $5,000 total in one fiscal year or $10,000 total over a period of five fiscal years to the West Virginia University College of Law. At the 2014 gala, held at the Erickson Alumni Center in March, guests enjoyed dinner and live jazz from vocalist Lena Seikaly in honor of the new Dean’s Partners.

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Dean’s Partners Gala: An Evening of Jazz

New Dean’s Partners, 2013-2014 Antero Resources Corporation

Judge Russell M. Clawges, Jr.

Barbara Groves Mattox

Atkinson & Polak, PLLC

Columbia Pipeline Group

Vaughn Miller

Walt Auvil

Kevin and Amy Ellis

W. Marston and Katharine B. Becker

Kathy G. Beckett and David M. Flannery

Mountain State Bar Association in Honor of Justice Franklin D. Cleckley

BrickStreet Foundation, Inc.

William E. Galeota

Robert P. Simons

D. Michael Burke | Burke, Schultz, Harman & Jenkinson

Hamstead, Williams & Shook PLLC

Brian and Jessica Stolarik in Honor of Bryan Justice

Gretchen M. Callas in Honor of George and Viera Trapp

Hendrickson & Long, PLLC

Tiano O’Dell, PLLC

Jim Leach

Trump & Trump, L.C.

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Vincent and Jane Cardi

Cynthia L. Turco

Road Warriors WVU Lawâ&#x20AC;&#x2122;s Land Use and Sustainable Development (LUSD) Law Clinic is currently working on 40 cases in 20 counties throughout West Virginia. Thatâ&#x20AC;&#x2122;s a lot of time on the road, and when traversing the Mountain State, Land Conservation Attorney Jason Wall favors his 1991 BMW motorcycle. Managing Attorney Nathan Fetty recently led a team that permanently protected 665 acres of land along the Gauley River. The clinicians provided several hundred hours of pro bono legal assistance to bring about this land transaction. Working in five counties, legal services included title examinations, contract drafting, drafting of title opinions, and negotiations. The LUSD Law Clinic is directed by Katherine Garvey.

Land Conservation Attorney Jason Wall riding his classic 1991 BMW Paris Dakar motorcycle.

Non-Profit Organization U.S. Postage PAID Morgantown, WV Permit No. 34 101 Law School Drive PO Box 6130 Morgantown, WV 26506

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Colleagues Reunited WVU President E. Gordon Gee (center), and WVU Law professors Robert Bastress (left) and Charles DiSalvo (right) were colleagues when Gee served as dean of the College of Law from 1979 to 1981 prior to his first term as WVU president. The faculty voted to grant Gee professor of law status this spring following his return to the University presidency.