The Current Fall/Winter 2014

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current the magazine of the Appalachian School of Law Fall/Winter 2014

Mission: Accomplished Alumni and students are living the mission of ASL

Image created using words from ASL’s mission statement.


Dean’s Corner

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Persistence of ASL Alumni

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SL alumni continue to impress and amaze me. Your stories speak of grit and determi-

nation. Last summer, ASL first‐time takers of the Virginia and North Carolina bars found tough sledding. Typically, exam takers are successful the second try – if they make a second attempt. Dusting yourself off and taking the exam again is an act of heroism. But ASL graduates do it. Recently I learned of one who finally passed the Virginia Bar on his fifth attempt. Now, that’s impressive. What effort. What desire. Extraordinary courage. For the record, ASL’s “ultimate” bar passage rate is 89.9%. So within five years of graduating, 9 out of 10 exam takers become licensed to practice law. That’s persistence. And persistence is a fundamental character trait for effective lawyers. We do nourish dreams – indeed, we are “changing destinies.” I’ve proven this to myself after hearing many stories of personal transformation. One alumnus re‐invented himself, from a community college student who didn’t do well on standardized tests, to an ASL graduate near the top of his class. He went on to pass the bar the first time and now is a senior partner in a highly successful law firm. That’s determination. Another alumnus had to drop out of college due to a family financial crisis, returned later to finish, came to ASL, graduated top of his class, passed the bar first time, and now heads a Division of a Fortune 500 Company hiring lawyers to do the

day‐to‐day company transactions. Amazing. Not atypical for ASL, an alumna waited until she was 30 to continue her education. She started at a community college, then graduated from a fouryear school. Despite low LSAT scores, she convinced ASL to give her an opportunity, “to empower a voice that might not have otherwise been heard,” promising she would be a student “that ASL will be proud to have.” She graduated middle of her class, and passed the bar on her second attempt. Promise kept. We are so proud of these and the many other success stories among our 1,300 alumni. Please share with us your pride in the education you received at ASL by sharing your post-graduate experience and accomplishments. We’re listening. To share your ASL story, please email Janie Castle, Director of Career Services and Alumni Relations, at jcastle@asl.edu.

Dean Lucy S. McGough

4th Circuit Court of Appeals Judge to Speak at Graduation

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he Honorable Stephanie Dawn Thacker of the United States Court of Appeals for the 4th Circuit will serve as the commencement speaker on May 9, 2015. Judge Thacker became the first West Virginia woman to serve on the Court when appointed in 2012. Nominated by President Obama, she was unanimously confirmed by the Senate. She is a graduate of Marshall University and the West Virginia University College of Law. Before assuming her seat on the Court, she served as a federal prosecutor for 12 years, in both the U.S. Attorney’s Office for the Southern District of West

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Virginia and in the Department of Justice, becoming principal deputy chief of the Child Exploitation and Obscenity Section. She prosecuted the first federal Violence Against Women Act case and helped develop the nationwide Innocence Lost initiative to combat child sex trafficking. Thereafter, she joined the Charleston law firm of Guthrie & Thomas where she specialized in complex litigation, environmental and toxic tort litigation, and criminal defense. She also served as an Adjunct Professor at the West Virginia University School of Law.

Dean Lucy S. McGough Associate Dean Sandra K. McGlothlin Assistant Dean Derrick Howard Managing Editor Janie Castle Contributors Patrick Baker Mark “Buzz” Belleville Dan Caldwell Janie Castle Hon. Sabrina Deskins Rebecca Elswick Becky England Kaytlin Fields Stewart Harris Derrick Howard Bryan Lafferty Lucy McGough Capt. Hugh Murray Marcia Owens Rochelle Richardson Karen Sorber Donna Weaver Henry Webb Paula Young Photography Andrew Asbridge Taylor Burgess Sabrina Mullins Main Number 276.935.4349 Admissions 276.244.1203 admissions@asl.edu Alumni 276.244.1234 jcastle@asl.edu Institutional Development and Marketing 276.244.1241 dweaver@asl.edu The Current is published twice a year by the Appalachian School of Law. Send comments or questions to current@asl.edu.


Program Updates

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New Digital Learning Center Planned

he growth of online education is robust, and law schools are adapting. At ASL, plans have been approved for a Digital Learning Center (DLC) to be established in 2015 to facilitate off-campus legal coursework and reach more students. Up to twelve total hours of online coursework toward the J.D. are permitted by the American Bar Association after the first year of law school. That means an entire semester of classes could be taken online. The Master of Legal Studies can be earned entirely online; the same applies to our professional certificates in Human Resources and Management Regulation, Natural Resources and Energy Regulation, and Legal Studies. Continuing Legal Education courses would also be part of the mix. The newly-appointed Director of Continuing Legal and Community Education, Dan Caldwell, will be developing legal coursework for attorneys, as well as other professionals, such as risk management officers, law enforcement officers, and teachers who have professional licensing requirements.

The ASL student body will benefit from ASL’s collaboration with other institutions of higher education, despite the distance between campuses. ASL envisions offering stand-alone courses in the law for the degree programs of other institutions and developing joint ventures with those institutions to provide even more educational opportunities. “This is intended to be a win-win adaptation,” said Dean Lucy McGough. “We make it more convenient to complete coursework, and realize new revenue and a larger student body by expanding legal course offerings.” Projected revenue from the DLC could supplant the loss of revenue from the decline in fulltime enrollment. Funding for the equipment and build-out will be loaned to ASL by the Virginia Coalfield Economic Development Authority (VCEDA), with payback deferred for three years. The balance of costs for software and the operating platform remain to be funded.

ASL Partners with Southwest Virginia Water Purification Company for Externships

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eginning in the spring semester, ASL and Micronic Technologies will launch an educational partnership that accentuates ASL’s extensive Externship Program and Micronic’s advanced water-cleaning technologies. Micronic’s Chief Executive Officer Karen Sorber visited campus on November 17th to speak with interested students regarding her company’s efforts to reuse waste water and provide increased access to clean water. Micronic Technologies is a woman-owned small business established in 2008 to develop, patent, and commercialize an advanced state-of-the-art sustainable water desalination and purification technology. The company is located in Wise County, Virginia. Though initially funded by private capital, the company has since received federal grants from the United States Department of Agriculture and U.S. Navy, and more recently received a grant from the Tobacco Commission to further the development of its technology in southwest Virginia. Micronic has secured its first patent with several continuations

in process, designed and fabricated two bench prototypes, and validated results through independent testing. Micronic’s water purification technology uses no filters, membranes, or chemicals. Instead, the process involves the passage of water one time through the equipment, which relies on mechanical evaporation. The application of the technology to the energy field is substantial. Micronic forsees the use of the technology in fracking, coal mining, and disposal of nuclear waste water. Additionally, because the equipment can be installed on-site, the technology can be used for desalination of water in developing countries and for military use. Sorber seeks to create a mutually beneficial relationship with interns and externs, providing them with meaningful assignments that add value to the company. She anticipates the use of ASL interns and externs interested in the fields of environmental, patent, corporate and business, and tax law. For more information about the company, visit www.micronictechnologies.com.

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Alumni Spotlight Alumnus Returns to Campus as JAG Recruiter

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n September 15th, Career Services welcomed Capt. Hugh Murray ’06 of Army JAG for a presentation regarding internships and careers after law school. This is the first time an ASL alumnus has returned to campus to recruit for the JAG Corps in any branch of the military.

Professor Stewart Harris and Capt. Hugh Murray ’06

While attending ASL, Capt. Murray was active in the Student Bar Association, serving as a 1L Class Representative, Committee Chair, and as the SBA President. He also

served as the co-director for the ASL Memorial 5K. Capt. Murray currently serves as the Group Judge Advocate to 8th Military Information Support Group (Airborne), United States Army Special Forces Command, a highly deployable unit in support of world-wide strategic special operations missions in over 25 countries. He is responsible for providing the Group Commander and all subordinate unit commanders legal advice in the areas of military justice, operational law, contract and fiscal law, and regulatory and administrative law. He also serves the JAG Corps as a Field Screening Officer, recruiting attorneys for service in the U.S. Army JAG Corps. This year he conducted student interviews at both ASL and Wake Forest University Law School.

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his fall, Tracy Taylor ’12 accepted a position as the full-time Director of the Court Appointed Special Advocates (CASA) Association for the state of West Virginia, located in Fairmont. CASA is a program that provides training and support for volunteers who serve as advocates for abused and neglected children in the legal system. Judges appoint CASAs to investigate and represent the best interests of children. Tracy is a native of Fairmont, having completed her undergraduate education at Fairmont State University. Prior to accepting the position as Director of the West Virginia CASA program, she worked for the law firm of Wolfe, Williams, Rutherford & Reynolds in southwest Virginia. She also has experience serving as a CASA volunteer.

CASA programs can be found in portions of 49 states and the District of Columbia. According to CASA for Children, a national group providing support for various CASA programs, research indicates that those children who are represented by CASA spend less time in long-term foster care than those who are not represented. Children with assigned CASAs also receive more services and have better academic and behavioral performance in school. Appalachian School of Law has partnered with the 29th Judicial District CASA Program for several years to train law students to serve as CASAs in southwest Virginia. To volunteer or donate to a CASA program in your area, visit www.casaforchildren.org.

Alumni Career Panel

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n August 15th, Career Services hosted a panel for the Class of 2017, featuring four alumni. Panelists included Michelle Thomas Castle ’02, Gerald Arrington ’04, Heather Gearheart ’05, and Nick Armes ’13. Michelle is an associate with Penn, Stuart & Eskridge in the Bristol, Tennessee, and Prestonsburg, Kentucky, offices. She practices energy and mineral law. Gerald is the Buchanan County Commonwealth’s Attorney, serving as the lead trial attorney in all of the coun-

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Alumna Accepts Position as WV Director of CASA

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ty’s most serious cases. Heather serves as in-house counsel for InterMountain Cable, Inc., Coalfields Telephone, Inc., and GMedia of Harold, Kentucky. She is also a certified civil and family law mediator. Nick works an associate with Judkins Law Firm in Oak Ridge, Tennessee. Nick also represents the Town of Oliver Springs, Tennessee, as City Attorney. Since graduation, Nick has served as an Adjunct Professor at Roane State Community College.

Left to Right: Gerald Arrington ’04, Michelle Thomas Castle ’02, Nick Armes ’13, and Heather Gearheart ’05 pictured with Janie Castle ’10, Director of Career Services and Alumni Relations.


Alumni Spotlight Presentation Regarding Criminal Law Careers

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lumnus Travis Joseph ’10 visited campus on September 29th to speak regarding careers in criminal law. Travis has a long history working in the field of criminal law and criminal justice. Prior to attending law school, he worked as a police officer, which provided him with a unique perspective for the practice of criminal law. Following his graduation, he returned home to Magoffin County, Kentucky, to continue serving the public as an Assistant County Attorney. Travis Joseph ’10 Travis spoke to students regarding working as a prosecuting attorney, criminal law in general, and his experiences during law school. He encouraged students to take advantage of the courses available, to observe other attorneys, to ask questions, and to stay current on changes in the law. He urged students to have compassion and understanding whether they are representing the interests of a victim or of a defendant. Travis reminded students that, despite the competitive nature of the legal field, attorneys should not take what happens in the courtroom personally. Instead, he advised students to develop good working relationships with attorneys on the other side of the case.

Serving Veterans Left to Right: Director of Career Services and Alumni Relations, Janie Castle ’10, with Rochelle Richardson ’03.

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n September 8th, Career Services hosted Spotlight on Public Service Careers with Rochelle Richardson ’03, as the guest speaker. Rochelle discussed her own experiences in public service representing veterans, as well as funding available through Equal Justice Works for public service internships and fellowships. She encouraged students to take control of their own careers. Rochelle is a Washington, D.C., attorney whose practice is dedicated to providing representation to veterans of the U.S. Armed Forces and their families, nationwide, in their claims for benefits from the U.S. Department of Veterans Affairs. She began representing veterans on a pro bono basis in 2007. In 2008, she was appointed Associate Counsel to the Board of Veterans’ Appeals, U.S. Department of Veterans Affairs. After serving in this capacity for three years, she entered private practice. In 2012, she was selected as an Equal Justice Works AmeriCorps Legal Fellow and, in this capacity, she successfully completed her project of establishing a legal services clinic at the Baltimore VA Medical Center to serve homeless and at-risk disabled veterans. Since then, she has continued to represent and advocate for homeless veterans.

Deskins Appointed as Judge

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est Virginia Governor Earl Ray Tomblin appointed Sabrina Deskins ’02 to the position of Family Court Judge of the 8th Circuit in September. Deskins was sworn in during a ceremony held in October. The ceremony was attended by many family, friends, and colleagues. Prior to her appointment to the bench, Deskins served southern West Virginia as an assistant prosecutor in Logan County for more than a decade. She also served as a guardian ad litem, representing the interests of children in Lincoln, Logan, and Mingo counties for nearly

10 years. Deskins has experience as an academic, having held the position of Adjunct Professor of Criminal Justice at Southern West Virginia Community and Technical College. A native of southern West Virginia, Deskins graduated from Marshall University in 1998. She then attended law school, graduating in 2002. Deskins is an excellent representative of the mission of ASL, having volunteered for numerous community organizations. Hon. Sabrina Deskins ’02 poses with her children at her swearing-in ceremony.

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Natural Resources Law

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SL continues to make great strides in Natural Resources Law. This past summer, ASL offered three summer short courses focused on natural resources and energy law issues. In May, ASL’s Distinguished Visitors in Natural Resources Law — The Honorable Judith Williams Jagdmann, Virginia State Corporation Commission, and William Reisinger, Assistant Attorney-General — co-taught The Regulation of Energy Markets. Following the May term, Professor Belleville offered The Law of Renewables online from June through July, and finally, in August, Professor Howard taught a course focused on Mineral Title Abstracting. Each course proved to be a huge success. This summer, ASL plans to expand its natural resources law offerings by possibly offering an Environmental Science class for Lawyers, an online course focused on the Federal Energy Regulation Commission involving both local and national natural gas pipeline issues, and once again Mineral Title Abstracting in August. One main goal this summer is to expand ASL’s enrollment by attracting undergraduate students, non-ASL law students, lawyers, and law graduates transitioning into the area of natural resources law. In May, for the first time in school history, ASL awarded the Natural Resources Law Certificate to graduates in the Class of 2014. The well-deserved accolade went to Kevin Briscoe ’14, Matthew Hager ’14, Matthew Hardin ’14, Victoria Herman ’14, and Christopher Peterson ’14. In order to earn the certificate, students had to maintain at least a 3.0 G.P.A., as well as earn 15 credit hours in their natural resources law classes. Employers in the natural resources and energy field are taking note, and the certificate should pay big dividends for ASL graduates in this growing field of law. Additionally, the program continues to build momentum toward a clinic and supporting our aspiration to graduate practice-ready lawyers. This past fall, ASL offered its first ever Solar Drafting Clinic, a one-hour general elective offered to Appellate Advocacy students who were studying a legal problem involving utility company opposition to solar power purchase agreements. In Solar Drafting, the students researched barriers to solar energy deployment in the various utility territories in Virginia, and learned how to draft the various contractual documents and regulatory filings associated with a solar installation. In so doing, students began building an institutional base of knowledge and a database that can be used by ASL for clinical opportunities in the future. The course was co-taught by Professor Buzz Belleville and Di-

rector of Continuing Legal and Community Education Dan Caldwell. The Energy Mineral Law Foundation (EMLF) and ASL continue to forge a strong relationship. The Natural Resources Law Journal once again provided support and its expertise in editing EMLF’s annual publication. In October, EMLF hosted its annual career panel focusing on employment opportunities within the mineral and energy field. Several regional practitioners served on the panel including alumni Troy Nichols ’04, with Alpha Natural Resources, and Michelle Thomas Castle ’02, with Penn, Stuart & Eskridge. Over fifty students and faculty attended the event.

Clockwise from Left: Sabrina Deskins ’02; Max Bridges; Troy Nichols ’04; Frank B. Harrington; Michelle Thomas Castle ’02.

The 2nd Biennial Natural Resources Symposium hosted by ASL planned for fall 2015 has received the endorsement of Virginia Governor Terry McAuliffe. To find out more about the program, please visit the website at http://www.asl.edu/JD-Program/Natural-Resources-Law.html.

Natural Resources January Intersession Course

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rom January 5th to 9th, an Introduction to Natural Resources Course was taught collaboratively by Professors Baker, Belleville, Harris, and Young. This two-credit course was offered as a one-week intensive course the week prior to the resumption of classes. The course consisted of a broad overview of four related areas of the law — natural resources law, energy law, mineral law, and environmental law. The goal of the course was to familiarize students with the legal, business, and regula-

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tory aspects of natural resources law. Although broadly covering natural resources, the course included a basic introduction to the U.S. legal and governmental systems relating to environmental, natural resources, and energy law. Areas of focus included hard mineral law, oil and gas law, water law, environmental law, energy policy, land use law, renewable energy law, and issues related to climate change and sustainability.


Natural Resources Law

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Students, Faculty, and Alumni Attend Energy and Mineral Law Foundation Annual Conference

wenty ASL students joined Professor Belleville and five ASL alumni at the Energy and Mineral Law Foundation’s Annual Kentucky Mineral Law Conference in Lexington, Kentucky, on October 22nd and 23rd. EMLF is a national nonprofit educational organization which fosters the study of the laws and regulations related to natural resource development and energy use, and an accredited provider of mandatory continuing legal education programs. ASL has been a member of EMLF for several years, and has a seat on the organization’s Board of Trustees. ASL’s Natural Resources Law Journal provides citation checks for EMLF’s Annual Institute, a legal publication released at the end of each year.

The Lexington conference is a wonderful networking opportunity for both students and professionals. ASL students joined law students from West Virginia University, the University of Kentucky, and other member institutions at both the substantive conference and at a special breakfast EMLF hosts for law students. The editors of the Natural Resources Law Journal had their conference tuition waived as gratitude for their work on the Annual Institute. This past year, ASL’s Energy and Mineral Law Society utilized a generous donation to help defray the costs of other student attendees.

Back Row Left to Right: Paul Howard ’15; Heath Chaffin ’12; Michaela Pannell ’17; Troy Nichols ’04; Tracy Justin Dempsey ’15; Jonathan Dennis ’15; Wayne McClanahan ’15; Dan Kostrub ’05. Middle Row Left to Right: Michelle Thomas Castle ’02; Rachel Simpkins ’17; Ashley Sturgell ’17; Jessica Branham ’17; Ashleigh Smith ’17; Annie Pagans ’17; Jessica Lovely ’17; Cathy Houlihan ’15; Jen Shaver ’09; Dominique Ranieri ’13; Sabrina Mullins ’15. Front Row Left to Right: Bryan Polas ’15; Page Mizzell ’15; Tyler Adams ’17; Brett Hall ’17; Lyndon Gullet ’17; Professor Buzz Belleville.

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Health Care Law ASL Co-Sponsors Health Care Symposium

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n collaboration with Wellmont Health System and the Sorensen dress, along with two others. Also speaking were Thomas P. MillInstitute for Political Leadership at the University of Virginia, er, Resident Fellow at the American Enterprise Institute and co-author ASL presented a symposium deof “Why Obamacare is Wrong for liberating the legal and practical America,” and Dr. Bill Hazel, Virissues of the Patient Protection ginia Secretary of Health and Huand Affordable Care Act (ACA), man Resources. which are among the most pressFour panels focused on variing challenges facing the U.S. and ous aspects of the ACA: its imthis region today. “The Future of pact on businesses and employers, Health Care: Moving From Policy health care innovations, the status to Implementation” was the subof state health care exchanges in ject of great debate and discourse Tennessee, Kentucky, and Virginamong nineteen distinguished ia, and how we move from ACA panelists on Monday, September policy to implementation. 22nd, in the Monarch AuditoThe one-day Symposium was rium at Bristol Regional Medical the result of a months-long planCenter in Bristol, Tennessee. ning headed by Professor Priscilla U.S. Department of Health Harris, Dan Caldwell, and Donna and Human Services AdminisLeft to Right: Paul Ward ’17; Sabrina Mullins ’15; Sara Campbell ’16; Todd Weaver, Director of Institutional trator of the Centers for Medicare Kudirka ’16; Cathy Houlihan ’15; Staci Shelton Montgomery ’15; and Development and Marketing at and Medicaid Services Marilyn Professor Priscilla Harris. ASL. Tavenner delivered the keynote ad-

Nichols Selected as Sutin Lecturer

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r. Len Nichols has been selected as the Sutin Lecturer for March 2015. His talk is tentatively entitled “Health Care Reform: Where Do We Go from Here?” Dr. Nichols has been the Director of the Center for Health Policy Research and Ethics and a Professor of Health Policy at George Mason University since 2010, where he continues to bridge the worlds of health policy, health politics, health economics, health services research, and to help interpret it all for policy makers, private sector leaders, and journalists. Dr. Nichols is the PI of a 5-year evaluation study of the CareFirst Patient Centered Medical Home program. He has testified frequently before Congress and state legislatures, and has been an advisor to the Center for Medicare and Medicaid Innovation, the Patient Centered Primary Care Collaborative, and to the Pan

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American Health Organization. He has worked with the Commonwealth’s official Health Reform Initiative and the new Virginia Center for Health Innovation, as well as with Fairfax County on its own health reform implementation options. His past positions include Senior Advisor for Health Policy at the Office of Management and Budget, Vice President of the Center for Studying Health System Change, Principal Research Associate at the Urban Institute, and chair of the Department of Economics at Wellesley College. He received a Ph.D. in Economics from the University of Illinois at Urbana-Champaign in 1980, a M.S. in Economics from the University of Illinois at Urbana-Champaign in 1978, a M.A. in Economics from the University of Arkansas at Fayetteville in 1976, and a B.A. in Economics and Business from Hendrix College, Conway in 1975.


Staff News

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New Additions to the Staff

SL welcomed several new additions to the staff over the course of the last semester. Becky England accepted the role of Assistant to the Dean. Prior to accepting this position, Becky served as the director of two group homes for troubled youth in southwest Virginia. She has a Bachelor of Arts from UVA-Wise and a Master of Educational Leadership from Georgia Southern University. She and husband Mark have two children, Jacob (age 16) and Isabel (age 12). Kaytlin Fields joined the ASL Library staff as an Acquisitions Assistant. Kaytlin was born in Abingdon and raised in Clintwood. She graduated from Clintwood High School in 2009. She and husband Doug currently reside in Grundy with their two children, Ethan and Logan, and a boxer mix named Rocky. Before coming to ASL, she worked as a receptionist and a benefits counselor for the Black Lung Program with Stone Mountain Health Services. Her desire to come to ASL was fueled by the positive involvement that ASL has in the community, as well as her love of books and the opportunity to expand her horizons. She plans to continue her education through Southwest Virginia Community College and Old Dominion University. She enjoys hiking, swimming, reading, and expanding her collection of “I Love Lucy” DVDs and memorabilia. Rebecca Elswick joined the staff as a Writing Specialist, assisting students part-time in the Writing Center. Rebecca was born and raised in Buchanan County, graduating from Grundy High School. She

obtained a Master of Education in English from East Tennessee State University. She recently retired from teaching high school advanced placement English. In addition to her position at ASL, she currently works as an adjunct English faculty member for Southwest Virginia Community College and a teacher consultant for the Appalachian Writing Project at UVA Wise. As a teacher consultant, she travels to schools across southwest Virginia, presenting teacher workshops on best practices of teaching writing. She is also an award-winning author. Her fiction and nonfiction pieces have appeared in numerous journals and anthologies, including A Cup of Comfort for Dog Lovers, The New Southerner, The Literary Journal of the Virginia Writing Project, and The Sweet Bay Review: Anthology of Virginia. Her debut novel, Mama’s Shoes, was published in 2011. Mama’s Shoes received the Writer’s Digest Mark of Quality Award and was a finalist for Book of the Year by ForeWord Magazine. Rebecca lives at Big Rock with her husband and five dogs. The couple has three children. Marcia Owens accepted a position as Assistant to the Registrar. Prior to working at ASL, Marcia worked in an attorney’s office for more than 20 years and also worked with the Head Start Program in Buchanan County. Marcia enjoys talking with ASL students and wants to see them succeed. She is married to a man whom she calls her soul mate and best friend. She has been blessed with two sons, a step-son, a granddaughter, and three step-grandsons.

Caldwell Appointed Director of Continuing Legal and Community Education

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ttorney Daniel Caldwell joined ASL in January 2012 as Counsel to the Natural Resources Law Program, where he works with the Director to implement and oversee the program. He has practiced law in southwest Virginia for 36 years and is a partner in the Abingdon firm of McElroy, Hodges & Caldwell where he handles litigation matters and represents business clients on general corporate and transactional matters. Mr. Caldwell was recently appointed Director of Continuing Legal and Community Education. He will lead ASL’s efforts to establish a multi-state continuing legal education program and a regional community outreach education program.

Continuing Legal and Community Education Center ASL has been awarded a substantial donation by the B.F. Fowler Foundation for the initial endowment of a Continuing Legal and Community Education Center. The Center would offer continuing legal education for the lawyers in the states in ASL’s immediate service area. The Center would also offer law-based professional training for non-lawyers, such as law enforcement personnel, human resources personnel, and state and local government employees. Additionally, the Center would host public debates of important community issues. the

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Faculty News Webb Joins Faculty as Director of Legal Writing

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enry Webb joined the faculty during the fall semester as the Director of Legal Writing. He teaches the Legal Process I and II courses. He received his J.D. from the Lewis and Clark Law School in Portland, Oregon, where he focused on environmental and natural resources law. He also has an M.B.A. from the University of Georgia and a B.B.A. from Ole Miss. Following law school, Professor Webb practiced with law firms in Seattle and Atlanta, where he specialized in environmental litigation. He was also Assistant Regional Counsel with the United States Environmental Protection Agency, Region 4, in Atlanta, where he was responsible for enforcing federal hazardous waste and clean water regulations.

In 2007, Professor Webb moved to Ho Chi Minh City, Vietnam, where he began teaching with RMIT International University Vietnam. He taught a number of law courses at the undergraduate and graduate levels, and also managed all of RMIT’s law courses across the university’s Ho Chi Minh City and Hanoi campuses. In 2011, Professor Webb moved to Doha, Qatar, where he taught legal writing and advocacy skills courses with the Qatar University College of Law. Professor Webb lives in Grundy with his wife, Thao, and their three-year-old son, Cousteau. They are enjoying exploring Appalachia and especially the abundance of outdoor activities in the area.

Assistant Dean for Student Services Named

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rofessor Derrick Howard was recently named Assistant Dean for Student Services. Professor Howard joined ASL’s faculty in 2008. During his tenure at ASL, he has taught several doctrinal courses including Property I and II, Evidence, a practicum in Real Estate Transactions, a seminar on Natural Resources Law, and a practicum in Law Office Management. He has also designed and implemented the school’s first distance learning course and has served as a faculty advisor to several school organizations including the Black Law Students Association, Phi Alpha Delta, Outlaw, the rugby team, the basketball team, and mock trial competitors.

In July 2011, Professor Howard was appointed the Director of the Externship Program. Currently, he serves as the Chair of the Externship, Practica and Career Development Committee. During the 2012-2013 academic year, the Committee expanded the Externship Program to include experiential learning opportunities for all students throughout their three years of education at ASL. Professor Howard was promoted to Assistant Dean for Student Services in 2014. Professor Howard received his B.A. from the University of Pittsburgh and his J.D. from the University of Pittsburgh School of Law.

Russell Joins Faculty as Adjunct Professor

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en Russell, a shareholder with Penn, Stuart & Eskridge in Bristol, Tennessee, joined the faculty as an Adjunct Professor of Law during the spring semester. Professor Russell will offer Fundamentals of Income Taxation with an aim toward the preparation of lawyers for a general practice in small law firms.

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Mr. Russell is a graduate of the University of Tennessee Law School and a member of the Tennessee, Georgia, and Virginia bars. He is an expert in all taxation matters, having practiced in the Atlanta law firm of Troutman Sanders LLP before moving to Bristol.


Faculty News At the Podium Patrick Baker spoke on October 24th on the Virginia News Network AM-1140 as an invited guest discussing energy markets and economics nationally and in Virginia. Stewart Harris makes weekly news appearances on WJHL-TV, the CBS affiliate in Johnson City. Readers may view the videos here: http://www.wjhl.com/category/266461/your-weekly-constitutional. In July, he was interviewed by WKPT-TV, the ABC affiliate in Kingsport, regarding the four proposed amendments to the Tennessee Constitution. On May 1st, he spoke regarding “The Importance of the Rule of Law” at the Northeast Tennessee Federal Bar Association’s Law Day Luncheon; on June 13th, he presented an ethics CLE for the Tennessee Association for Justice’s Annual Meeting; on June 25th, he presented to the faculty of the University of Tennessee’s College of Law regarding the “State Secrets Doctrine”; on July 15th, he spoke to the Tellico Lion’s Club regarding the Hobby Lobby and Sibelius decisions; on July 17th, he presented at Montpelier regarding the Bill of Rights; on September 10th, 11th, and 22nd, he made multiple presentations regarding the Constitution and constitutional history for the Institute for the Public Trust, in Charlotte, Wilmington, and Chattanooga; on September 17th, he spoke at the Constitution Day celebration at Southwest Virginia Community College; on September 17th, he presented an ethics CLE for the Tennessee Bar Association in Johnson City; on September 18th, he presented at the Constitution Day celebration for ASL; on September 22nd, he presented at the Health Care Symposium; on September 24th, he taught a seminar on the Bill of Rights to law enforcement officials at Montpelier; and on September 30th, he presented to the entire Virginia Court of Appeals regarding the British Constitution. Dean Lucy McGough served as the keynote speaker on legal scholarship in the new age at the biennial conference of the Central States Law Schools Association, October 10th, in Baton Rouge, Louisiana.

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Paula Young spoke at the Fall Conference of the Virginia Mediation network. The program was entitled “What You and the Parties Bring into the Room: Having Greater Self-Awareness with the Enneagram.” VMN is the largest organization of mediation practitioners, scholars, and trainers in Virginia. Professor Young serves as the Conference Co-chair for VMN’s Spring 2015 conference. She continues as a member of its Board of Directors.

Noted Accomplishments Paula Young designed and launched the first commercial, webbased training program for mediators seeking to work in court-connected mediation programs. The 40-hour training program is called “Mediation with Heart: Web-Based Training for Change Agents.” Stewart Harris’ radio show, Your Weekly Constitutional, now has over 56,000 Facebook fans and over 1,000 Twitter followers. The show now broadcasts on stations from New York to Texas.

Quotations & Citations Stewart Harris was quoted in June on WCYB.com, the website for the NBC affiliate in Bristol, regarding the Hobby Lobby decision: http://www.wcyb.com/news/phil-roe-responds-to-supreme-courtbirth-control-ruling/26737202. Paula Young is one of twenty-three graduates featured in the University of Missouri’s alumni magazine, Transcript. Professor Young received her LL.M. from the University of Missouri in 2003. The article is available here, with Professor Young’s portion on page 22: http://law.missouri.edu/alumni/transcript.html.

LSAT Prep Courses

SL offered two Law School Admissions Test (LSAT) Prep Courses this fall to college students for a nominal fee. “Many of the students in our region do not have access to an LSAT prep course,” said ASL Dean Lucy McGough, “and we offer this course to any graduate in this area no matter where he or she decides to attend law school.” The courses included a morning and afternoon practice exam, instruction, breakfast and lunch, and an LSAT test prep workbook for home study. The LSAT is administered four times a year. It tests law school applicants’ analytical and logical reasoning skills and reading comprehension skills. LSAT scores affect eligibility for scholarships as well as law school admissions decisions. Skills instruction for the prep course was taught by ASL professors. “Based on results from the last four prep courses we have conducted, we know that nearly all students improve their scores on the two practice exams we give,” said Professor Paula Young. “Taking a prep course and practice exams can make the difference between being admitted to the law school of choice or qualifying for scholarships.” Professor Mark “Buzz” Belleville instructs college students during one of the LSAT Prep Courses held on campus during the fall semester. the Current 10


Student News Scholarships Awarded

The Appalachian School of Law awarded $600,000 in merit scholarships for the 2014-15 academic year to thirty-six law students, about one-quarter of the student body. Fifteen merit scholarship recipients are from Virginia and eleven of those from southwest Virginia. Recipients also included eighteen students from Kentucky, Tennessee, West Virginia, and Pennsylvania. Four other students are from South Carolina, Texas, Indiana, and California. An ASL scholarship in natural resources is awarded to students pursuing a career in natural resources law who have an undergraduate GPA of at least 3.25 and a law school GPA of 3.0. Eight ASL students received natural resources scholarships for the upcoming year.

Natural Resources Scholars. Left to Right: Catherine Houlihan ’15, Clovis, CA; Caitlin Flanagan-Morgan ’15, Princeton, WV; Jason Fannin ’16, Abingdon, VA; Dean McGough; Erin Taylor ’15, Virgie, KY; Kelsea Wagner ’16, Elizabeth, PA; Holly Stiltner ’16, Big Rock, VA. (Not pictured: Seth Allen ’16, Abingdon, VA; Shonda Wells ’15, Swords Creek, VA.)

Since 1998, the Grundy Woman’s Club Scholarship has been awarded each year to any female student in good academic standing, with preference given to those who have resided in Buchanan County at least five consecutive years or a former resident of Buchanan County who left the area for educational purposes. The Susan Belcher Scholarship is awarded to a female student from either Buchanan County, Virginia, or Floyd County, Kentucky. The scholarship is funded by friends and family of Susan Belcher who benefited from changes made by laws, including school equality and inclusion, epilepsy medication approvals, and the removal of physical barriers. The scholarship is also in honor of Ms. Belcher’s sister, Julia M. Belcher.

Grundy Woman’s Club and Susan Belcher Award. Left to Right: Mary Belcher, Glenna Owens, Grundy Woman’s Club members; Susan Belcher Scholarship recipient Sabrina Mullins’ 15, Prestonsburg, KY; and Grundy Woman’s Club Scholarship recipient Holly Stiltner ’16, Big Rock, VA; Ginger Robertson, Grundy Woman’s Club member.

Five students were awarded the Thomas F. Blackwell Scholarships in honor of former Professor Thomas Blackwell who was dedicated to community service and was instrumental in the early success of ASL. Professor Blackwell was a victim of the 2002 campus shooting. Trustees, Dean, and Faculty Scholar awards were given to twenty-eight law students.

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Thomas F. Blackwell Scholars. Left to Right: Caitlin Flanagan-Morgan ’15, Princeton, WV; Dean McGough; and Lawrence “Scott” Shults ’15, Unicoi, TN. (Not pictured: Jonathan Arnold ’15, Saltville, VA; David Rivard ’15, Chesapeake, VA; Trenton Tackett ’15, Grethel, KY.)

ASL Trustees Scholars. Left to Right: Erin Taylor ’15, Virgie, KY; Greg Norris ’15, Elizabethton, TN; Brett Hall ’17, Coeburn, VA; John Page ’16, North Myrtle Beach, SC; Kelsea Wagner ’16, Elizabeth, PA; Adam Perkinson ’16, Petersburg, VA; Jeremy Vanover ’16, Belcher, KY; Jason Fannin ’15, Abingdon, VA. (Not pictured: Seth Allen ’16, Abingdon, VA.)

ASL Dean Scholars Left to Right: Michael Watts ’16, Letcher, KY; Heather Thomas ’15, Indianapolis, IN; Tanner Beck ’17, Lawrenceburg, TN; Laura Bowen ’15, Catasauqua, PA; Ross Chapman ’15, Austin, TX; Sarah Perrin ’16, Spotsylvania, VA; Sheikh Afzal ’16, Morton, PA. (Not pictured: Mark Church ’16, Bluefield, VA; Timothy Lindstrom ’16, Johnson City, TN; Christopher McGlone ’16, Huntington, WV; Kristen Roberts ’17, Coeburn, VA; Ashley Sturgell ’17, Varney, WV; Barry Hamilton ’16, Beaver, KY; Shonda Wells ’15, Swords Creek, VA.) Faculty Scholars. Left to Right: Paul LaBarr ’16, Claudville, VA; Tyler Adams ’17, Oakwood. (Not pictured: Matthew Arnold ’17, Glade Springs, VA; Maxwell Hardoby ’16, Johnson, City, TN; Taylor Hay ’16, Blacksburg, VA.)

More and more, the availability of scholarships is vital to attract students, retain students, and reduce student debt, all critical to the School’s success. ASL merit scholarships and need-based awards approached $1 million for the upcoming academic year. ASL merit scholarships are made possible through ASL’s Natural Resources Law Center, and by friends and family of Susan Belcher, members of the Grundy Woman’s Club, the B.F. Foundation, and proceeds from the annual Gala and Golf Tournament events, which raise nearly $100,000 each year. Contributors to these events include more than one hundred “friends” of ASL, including staff, faculty, trustees, individuals, and businesses in our community.


Student News

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Intraschool Moot Court Competition

rofessor Belleville’s and Professor Parsons’ Appellate Advocacy students presented their oral arguments on November 18th and 19th in the annual intraschool moot court competition. From those arguments, the intraschool finalists were chosen, including: Laney Comer ’16, Morgan Droke ’16, Taylor Hay ’16, Esohe Igbinedion ’16, John Page ’16, Jennifer Polk Pack ’16, Heather Thomas ’16, and Daniel Williams ’16. On November 20th, the final round of arguments took place. The judges for the final round were Richlands attorney Chris Plaster, Judge Henry Barringer of the 29th District Juvenile and Domestic Relations Court of Virginia, Abingdon attorney and ASL alumna Jen Shaver ’09, Grundy attorney Ben Street, and Virginia Court of Appeals Judge and ASL Trustee Teresa Chafin. Ultimately, Heather Thomas ’16 was named the winner and Jennifer Polk Pack ’16 the runner-up of this year’s competition.

Judges of the Final Round. Back Row Left to Right: Jen Shaver ’09; Hon. Teresa Chafin; Hon. Henry Barringer; and Chris Plaster. (Not pictured: Ben Street.) Finalists Front Row Left to Right: Taylor Hay ’16; Morgan Droke ’16; Jennifer Polk Pack ’16; John Page ’16; Daniel Williams ’16; Esohe Igbinedion ’16; Heather Thomas ’16; and Laney Comer ’16.

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Left, Jennifer Polk Pack ’16, runner-up. Right, Heather Thomas’ 16, winner.

Students and Alumni Make Strong Showing in Eastern Kentucky

SL students are benefitting from the strong alumni base in the eastern Kentucky region. Pictured below is a photo submitted by Bryan Lafferty ’16, featuring the five students and seven alumni who were present at the Floyd County Justice Center in July 2014. These alumni are living the mission of Appalachian School of Law by serving small communities in the Appalachian region.

Many of these alumni are employed in public service positions. Emma Jones ’04, Carla Tackett ’05, and Matthew Michalovic ’13 are public defenders, while Meka Hall ’12 is an Assistant County Attorney. Alumni Eugene Sisco, Jr. ’00 and Zach Ousley ’13 are both employed in private practice.

Left to Right: Sabrina Mullins ’15; Neil Borders ’14; Bryan Lafferty ’16; Meka Hall ’12; Carla Tackett ’05; Eugene Sisco, Jr. ’00; Trenton Tackett ’15; Emma Jones ’04; Matthew Michalovic ’13; Zach Ousley ’13; John Hunt ’16; and Barry Hamilton ’16.

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Alumni News A

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2002 Michelle Thomas Castle re-

cently accepted a position as an associate with Penn, Stuart & Eskridge in the Bristol, Tennessee, office and in the new Prestonsburg, Kentucky, office. Her practice includes energy law, mineral law, and title work. PHOTO A

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2004 Yasmeen Gumbs-Breaken-

ridge and husband Joseph welcomed daughter Saige Olivia on St. Patrick’s Day at Long Island Jewish Hospital in New Hyde Park, New York. Saige weighed 8 lbs., 6 oz. and was 21.5 inches long. PHOTO B

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2005 Chris Fortier

was recently promoted from the National Hearing Center to the Office of the Chief Administrative Law Judge for the Social Security Administration, which oversees all disability hearing operations in the country.

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2006 Brian C. Greco has been serv-

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Harry Taylor

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ing in the Army as an active duty Officer in the Judge Advocate General Corp at Fort Hood since 2010. He spent 2013 deployed to Qatar as the Brigade Judge Advocate for the Army Defense Artillery representing all of southwest Asia. He is currently serving at Fort Hood as Special Assistant U.S. Attorney in U.S. Magistrate Court. Roberta Paluck Perko recently celebrated one year working with Lucas & Kite in Roanoke, Virginia. She represents employers and self-in-

Left: Justin M. Lovely, Amy S. Lawrence

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New jobs, promotions, weddings, babies E-mail your news to Photos are welcome, too — please se sured clients in workers’ compensation matters and handles appellate matters before the Virginia Court of Appeals. On September 20th, she married Dennis James Perko, Sr. Dustin R.T. Sullivan and wife Erin are expecting their second son January 27th. Dustin opened his own law practice, Sullivan Law, PLLC, on January 1st.

2007 Captain Artie

Vaughn has been selected to attend the Army JAG school in Charlottesville, Virginia, in the fall of 2015 to begin study in the ABAapproved LL.M. in Military Justice. He and his family are currently at Travis Air Force Base in Northern California, where he serves as the Senior Area Defense Counsel in the Western and Pacific Regions for the Air Force Legal Operations Agency Defense Division. PHOTO C

2008 Alexander H. Ayers married

Erin Swann on March 22nd at Coan Baptist Church in Heathsville, Virginia. The reception was held at the bride’s family farm, Bearcroft Farms, in Lottsburg, Virginia. The happy couple is pictured with their dog Daisy. PHOTO D Amy Lawrence-Lovely was featured as a woman leader in the law in Fortune magazine. She and husband Justin Lovely ’09 continue filming episodes of Teen Mom 2 as Jenelle’s attorneys in South Carolina. Both Amy and Justin were named to the Top 100 Trial Lawyers by the National Trial Lawyers and were included in the Top 40 Under 40. Amy has been

rated AV Preeminent by Martindale-Hubbell. PHOTO E

2009 Robert Black and Andrea Ke-

tron Black welcomed a baby boy on June 12th. PHOTO F Joshua S. Ferrell and Nathan D. Brown ’13 combined their solo practices to form Ferrell & Brown, PLLC in Williamson, West Virginia. Jacob Lauser and wife Wendy welcomed their third child, Samuel Christian Lauser, on Ocotber 8th at 9:25 p.m. Samuel weighed 8 lbs., 4 oz. Big sisters Hannah and Sophie are very excited to have a new baby brother. PHOTO G Tiffany Morgan and husband B.J. welcomed their second child, a son, Oaklee Monroe Morgan, on September 22nd at 5:28 a.m. He weighed 7 lbs., 15 oz. and was 20.5 inches long. Oaklee joins big sister Paisley who is now 2 years old. Tiffany has a solo practice in Marion, North Carolina. PHOTO H

2010 Juan C. Velasquez partnered

in July with David Carnright to start the firm of Carnright Velasquez, P.A. Attorneys at Law in Miami, Florida. Their practice areas include foreclosure defense, personal injury, first party property insurance litigation, criminal defense, and employment litigation. PHOTO I

2011 Tara Bartosiewicz-Blom

accepted a position in October as Staff Counsel for GEICO in West Orange, New Jersey.


Alumni News

— share the news with your ASL family! o current@asl.edu. end high-resolution files, if available.

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2012 Jennifer Jones was selected for

the United States Army Judge Advocate General’s Corps. She is stationed at Fort Richardson in Anchorage, Alaska. PHOTO J Samantha LaRoche and Brent Bohannon ’13 were married on October 25th. Several alumni were in attendance, with the ceremony officiated by Associate Dean Sandy McGlothlin. Brent was recruited by Riley and Wells based out of Richmond after spending six months as a volunteer Commonwealth Attorney in New Kent County, Virginia. PHOTO N

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2013 David Snyder started a new job

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as an associate attorney at Marcello & Kivisto, LLC in Carlisle, Pennsylvania, in July. The firm handles all matters in transportation litigation, predominantly accidents and personal injury defense. PHOTO K Gregory Deemer started the firm Deemer & Associates, P.C. with three other attorneys, including one fellow ASL alumnus. The firm attorneys are licensed in California, Missouri, Maryland, and Ontario,

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Canada. The firm is focusing on estate planning and business formation. The firm will also be expanding operations to Colorado, the District of Columbia, Montana, Nebraska, North Dakota, and Wyoming during the fourth quarter of 2014 through the third quarter of 2015. More information can be found at www.deemer-law.com or you may contact Gregory at gdeemer@deemer-law.com.

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Melissa Louthen and Cory Owens ’14 were united in marriage on September 20th. Melissa is currently employed as an Associate Attorney at Dupler Law in Knoxville, Tennessee. The couple resides in Knoxville. PHOTO L

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2014 Westley Ketron recently be-

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gan working as an Associate at Steptoe & Johnson PLLC, in the firm’s Charleston, West Virginia, office. He focuses his practice in the areas of mineral title and real estate law. PHOTO M

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Ryan James recently accepted a position working as an attorney in his uncle’s law firm, Theo Mitchell and Associates, in Greenville, South Carolina.

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Receive a free ASL baby onesie! Send your birth announcement to current@asl.edu.

Left to Right: Lance Vest ’14; Justin Criner ’13; Bethany Long ’13; Associate Dean Sandra McGlothlin; Samantha LaRoche ’12; Brent Bohannon ’13; Jennifer Ferrara ’12; Tara Bartosiewicz-Blom ’11; Bryan Ragland ’12; Elena Patarinski ’12; and Marc Anderson ’13. the

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the current Appalachian School of Law 1169 Edgewater Drive Grundy, Virginia 24614 www.asl.edu

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The Annual Memorial 5K will be held on Saturday, March 14, 2015.


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