The Current Summer 2013 by The Appalachian School of Law

the

current the magazine of the Appalachian School of Law Summer 2013

Seasons of Change:

ASL implements new programs and expands existing ones

Also in this issue: Class of 2013 Graduation ASL Adds New Juris Masterâ&#x20AC;&#x2122;s Program Externship Program Expanded Alumnus Named Lawyer of the Year Professor Murrey Retires New Student Center Dedicated

Class of 2013 Graduation Weekend

Dean’s Corner: Lucy S. McGough

any exciting new developments here at Appalachian School of Law are captured in this issue of The Current. We’ve expanded our already nationally acclaimed externship program and created clinical opportunities within our curriculum, reflecting the national movement toward greater “experiential learning” in legal education. Our new partnership with Southwest Virginia Legal Aid Society makes it possible for students to practice domestic relations law under the Virginia Third Year Practice Rule in both Family Law in the fall semester and Family Law Practicum in the spring semester. For the first time, students could elect a one-hour clinic as part of their courses in Criminal Practice, Trusts & Estates and the Juvenile Law Seminar. We’ve also expanded our degrees, offering a Juris Master’s degree after the satisfactory completion of three semesters of law school study, which is described in an article on page 3. We also now offer a Master’s in Legal Studies for those who want fundamental knowledge of legal method and of basic subjects, like contracts, torts, civil procedure and criminal law. The one-year course of study could prepare a graduate to work as a legal assistant or could enhance the credentials of someone who works in a law-related field but who does not want to invest in the three years of study required for the J.D. degree. More information about the MSL degree will come in the next issue of The Current. We offered for the first time four “short” (two-week) courses during the summer. These were concentrated offerings in Oil & Gas Law, The Law of Renewables, Law Office Practice and Workers’ Compensation. A one-day CLE component was offered simultaneously at the Higher Education Center in Abingdon with The Renewables course and the Workers’ Comp course. We are laying plans to expand these summer offerings with a two-week session in both May and August 2014. Professor Belleville is now teaching an online course in Natural Resources Law and Policy as part of Virginia Tech’s Master of Natural Resources Program and its Center for Leadership in Global Sustainability. We sponsored for the first time a national conversation about “The Future of Energy Law” which drew an audience of over 200 attendees. Virginia Governor Bob McDonnell agreed to endorse the event as the “First Biennial Governor’s Natural Resources and Energy Symposium.” It was held at the Higher Education Center in Abingdon. The Symposium, which presented experts from all over the country, was developed by ASL Professor Patrick Baker, the Natural Resources Center Director, and members of the Natural Energy Center Taskforce. We’ve expanded our footprint of usable space. We have a new Roger Powers Student Activity Center and now occupy several new suites in the Booth Center as the Natural Resources Center and Admissions staff expand to carry out new initiatives. Finally, your favorite part of every Current, the families of our 1,110 alumni/ae are expanding, and our graduates are growing in new leadership roles. As a young but vibrant law school, Appalachian School of Law is becoming known outside the six-state region because of the success of our messengers who honed here the values of hard study, rational exchange, community respect and professional responsibility. We want you in share in our efforts to enhance our curriculum and outreach programs. We want to hear from you readers about topics of interest you’d like to have us cover in future issues. Cover Photo: Members of the ASL Energy and Mineral Law Society, along with employees of the Appalachian Citizens’ Law Center, toured the Hubble Mine in Fedscreek, Kentucky. After extensive safety training, the group went underground to the face of the mine and observed a continuous mining machine in operation. Students pictured in the mantrip car include Back Row, Left to Right: Staci Shelton Montgomery ’15, Tori Herman ’14, Sherra Kissee ’14, and Scott Kissee ’14; Front Row: Matthew Hardin ’14.

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is published twice a year by the Appalachian School of Law. Send comments or questions to current@asl.edu

Dean: Lucy S. McGough Photos: Taylor Burgess, Emily Elliott, Akiah Highsmith, Justin Jennings, Sabrina Mullins Contributors: Patrick Baker, Mark Belleville, Janie Castle, Candice DuVernois, Stewart Harris, Matthew Hardin, Karen Harvey, Derrick Howard, James Keen, Patty Lester, Michael Loudenslager, Julia McAfee, Dean Lucy McGough, Doug McKechnie, Alan Oxford, Brenda Oxford, Dale Rubin, Jina Sauls, Thomas R. Scott, Jr., Eric von Kleist, Paula Young Managing Layout: Janie Castle

n May 11th, family and friends descended on Grundy for the 14th annual commencement ceremony as 88 graduates joined the ranks of ASL’s more than 1000 alumni. The Honorable Justice Elizabeth McClanahan of the Supreme Court of Virginia, a native of Buchanan County, served as the commencement speaker. She advised the graduates to “measure [their] success...in terms of [their] ability and opportunity to defend the rule of law and help those whom [they] serve.” On behalf of the Alumni Association, President Karen Adam ’07 presented Candice DuVernois ’13 the Sutin-Blackwell Alumni Prize for Excellence, an annual honor bestowed on the graduating student who has earned the highest cumulative GPA. Candice was born and raised in Southwest Virginia, receiving her Bachelor’s in Nursing in 1994 from Radford University, a Masters’ in Public Health from East Tennessee State University in 2001, and a certificate in Community Preparedness and Disaster Planning from the University of North Carolina at Chapel Hill. Prior to attending law school, Candice worked as a director of a public health partnership. In her moving graduation speech, Candice urged fellow graduates to “[b]e kind especially when you cannot see what you will gain from it.” the

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Developing Opportunities through the Expanded Summer Externship Program T he Appalachian School of Law remains a leader in innovating experiential learning opportunities for law school students. Ninety-nine percent of our first-year law students have secured site placements around the country and abroad. ASL’s site partners can be found not only in 40 states, but also in other countries such as in Medellin, Columbia. Twenty-one new sites have been added to the roster of placements for the first-year program, including externships with federal and state legislative offices in the surrounding states and in Washington, D.C.; federal and state judges across the country; legal aid and non-governmental offices; district and commonwealth’s attorney offices; pro bono opportunities at for-profit firms; and with significant federal agencies such as the U.S. Environmental Protection Agency and the U.S. Patent and Trade Office. This brings the total of site placements arranged by the school for its first-year students to 549 and counting. As a result of the expansion of the Summer Externship Program, ASL has also arranged 11 “premier” internships for rising second-year students with the U.S. Environmental Protection Agency – Washington, D.C.; The Honorable David Faber, U.S. District Court, Southern District of W.V.; Bristol Virginia Utilities - Bristol, Virginia; The Honorable Deanis L. Simmons, 28th District Juvenile and Domestic Relations Court - Marion, VA; Joanne Nolte, The Nolte Law Firm, P.C. (Natural Resources Task Force Member and Co-Chair of ASL’s and the Governor’s First Biennial Natural Resources and Energy Law Symposium) – Richmond, VA; Josh Baker, Administrative Attorney for the Tennessee Department

of Labor and Workforce Development - Workers’ Compensation Division – Nashville, TN; Senator Mark Warner - Abingdon, VA; Stephen W. Mullins, Stephen W. Mullins, P.C. - Dickenson County attorney for four local water authorities and two non-profit corporations. Dean Lucy McGough approved more than $20,000 in stipends to assist with living expenses incurred by second-year law students who competed for and were awarded these valuable internship positions. ASL has more than doubled the number of natural resources and environmental law site placements through implementation of this internship component. ASL has also assisted with securing third-year practice certificates for 34 students in 9 states and, for the first time, provided a summer course to assist students from Kentucky in obtaining their third-year practice certificates. The third-year Live Client Clinic component of the Externship Program has also garnered robust interest from ASL’s students. Thirty-two students have requested placements in the fall at diverse sites, ranging from estates & trusts or coal law offices, to placements that will expand the student’s trial advocacy and counseling skills. Next on the horizon is ASL’s Bridge to Practice Program. The school’s Externship, Practica & Career Development Committee has already begun designing a Bridge to Practice Program that will provide third-year students and recent graduates with practical, full-time work experiences that will serve as a springboard to longterm positions in the student’s desired practice area.

ASL Alumnus Named ASL Student Nominated Virginia State Bar Young for Higher Education Lawyer of the Year Committee

n June 14th the Virginia State Bar Young Lawyers Conference presented Christopher R. Fortier ’05 with the 2013 R. Edwin Burnette Jr. Young Lawyer of the Year Award. The award honors those serving the Young Lawyers Conference, the legal profession, and the community. Fortier has chaired the VSB Young Lawyers Conference annual Professional Development Conference for two years. Fortier is a 2005 graduate of ASL and a graduate of James Madison University. Chris and wife Brittany (Maynor) Fortier ’06, reside and practice in Vienna, Virginia.

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he Council of Independent Colleges in Virginia has nominated Phillip Blevins ’16 to serve on the State Council of Higher Education in Virginia Student Advisory Committee (SAC). Phillip previously served on the SAC while attending the University of Virginia’s College at Wise to pursue an undergraduate degree. The SAC is comprised of students from various Virginia private and public colleges and universities. SAC members assist the Council of Independent Colleges in Virginia and the State Council of Higher Education in Virginia with issues pertaining to college students.

ASL Welcomes New Trustees

ppalachian School of Law recently welcomed three new trustees to the Board of Trustees-James Keen, Julia McAfee, and Zackary Stoots.

A native of Buchanan County, James Keen graduated from Whitewood High School in Whitewood, Virginia. He obtained a Bachelor of Science degree in Business from Pikeville College and a Master of Science degree in Management and Safety from Marshall University. Mr. Keen currently serves as the Town Manager of Grundy. He previously served as Town Manager from May 2007 to June 2009. Prior to holding his current position as Town Manager, Mr. Keen worked for more than 30 years in the human resources field, holding positions such as Human Resources Consultant, Manager of Human Resources, and Employment Officer for several natural resources companies including Jewell Coal & Coke Manufacturing, Jewell Smokeless Coal Corporation, Dominion Coal Corporation, Austin Sales Company, LLC, and Virginia Drilling Co. Mr. Keen also has a background in the education field, having worked several years for the Buchanan County School System as a teacher, coach, and assistant principal, and having taught courses for Southwest Virginia Community College. Mr. Keen has served and held leadership roles in a number of professional and civic organizations including, but not limited to: past-president of the Virginia Self-Insured Association; past-president of the Buchanan County Chamber of Commerce; past-president of the Coalfield Water Development Fund; past-chairman of the Virginia Employers Advisory Committee; past-president of the Grundy Lions Club; past chairman of Buchanan County Democrat Party; past chairman of the 4th House of Delegates District; past chairman

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of 38th Virginia Senatorial District; past vice-chairman of the Buchanan County School Board; past member of the Virginia Transportation Board; past member of the Virginia General Assembly Subcommittee on Workers’ Compensation; and past member of the Board of Directors of the Virginia Economic Bridge Initiative. He currently serves as Director of the Breaks Regional Airport Authority and as a member of the Advisory Board of the Thompson Foundation.

Company, Inc. and its affiliates. Mrs. McAfee is a member of various professional organizations including the Virginia State Bar, the Virginia Trial Lawyers Association, the Wise County Bar, the Kentucky State Bar, the Virginia Society of Certified Public Accountants, and the American Institute of Certified Public Accountants. She and her husband, Carl, live in the Powell Valley section of Wise County, Virginia. They are active members of the Norton Evangelical Presbyterian Church.

Julia L. McAfee grew up in Dickenson County, Virginia, the daughter of a coal miner. Her upbringing greatly influenced her career path. She graduated from the University of Virginia’s College at Wise with a Bachelor of Science degree in Business and Public Administration with a concentration in Accounting. In 1984 she was licensed in Virginia as a certified public accountant. Her accounting practice focused primarily on businesses engaged in the mining industry. In addition to her public accounting practice, from 1988 to April 2008, Mrs. McAfee served as accountant and financial advisor for JAD Coal Company Inc. and its affiliated companies. She earned her Juris Doctor from Appalachian School of Law, graduating in the charter class. She was licensed to practice law in the Commonwealth of Virginia in 2000. Currently she is an associate at Carl McAfee, P.C. where she concentrates her practice of law in the areas of contracts, business transactions, and taxation. In 2009, Mrs. McAfee was licensed to practice law in the Commonwealth of Kentucky and serves as corporate counsel for JAD Coal

Zackary Stoots is a native of Russell County, Virginia. A 2010 graduate of Appalachian School of Law, he currently works for the Supreme Court of Virginia’s Office of the Executive Secretary Department of Judicial Services as a Magistrate in District 29, Region 1. He was formerly an assistant Commonwealth’s Attorney in Russell County. Prior to attending law school, Mr. Stoots attended Bluefield College, where he earned a Bachelor of Science degree in Criminal Justice. While attending ASL, he completed both an externship and an internship with the Russell County Commonwealth’s Attorney’s Office. Mr. Stoots is a member of the Virginia State Bar and is the President of the ASL Alumni Association. He resides in Lebanon, Virginia, with his wife Sarah and his new son, Mason.

Paula Young’s blog The Red Velvet Lawyer discusses new ways to meet the needs of law firm clients, mediation parties, negotiators, and law students.

Stay up-to-date on news and events from ASL and the local community by visiting Taylor Burgess’ blog.

the-red-velvet-lawyer.blogspot.com

givetoasl.blogspot.com

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Appalachian Adds New Juris Master’s Program

espite the cold winter and tepid spring, ASL’s Natural Resources Program was hot, hot, hot. Building on the new natural resources classes approved by the faculty in the fall, the faculty adopted a Certificate in Natural Resources Law, so that students can highlight for prospective employers their experience, commitment to natural resources, and expertise. Also, the faculty approved a more flexible schedule that will allow 2Ls to take natural resources related courses for the first time. ASL offered four summer courses in a short-course two-week format in August. As part of the offerings, Oil & Gas Law and The Law of Renewables were taught. ASL plans to offer more summer courses in the future in order to increase course offerings to ASL students and to attract non-ASL students. The Natural Resources Committee and Task Force focused their efforts on the Governor’s First Biennial Natural Resources and Energy Law Symposium. ASL partnered with the Governor’s Office of Virginia in sponsoring this event as the official launch of ASL’s Natural Resources Law Program. The event was kicked off on September 22nd with a reception at the Olde Farm. On Monday, the venue switched to the Higher Education Center in Abingdon. The event commenced with a keynote address by James W.

n Friday, May 12th, 2013, Dean Lucy S. McGough excited the support of the entire committee, and the hard work of comthe Appalachian School of Law’s faculty and staff with an mittee members like Professor Patrick Baker ’07, we convinced e-mail announcing that the American Bar Association granted the ABA that the Juris Master’s degree would be a substantive acquiescence to ASL’s proposed Juris Master’s program. Beginaddition to ASL’s legal education program. The student body is ning with the Class of 2014, ASL will confer the degree of Juris universally pleased with the addition of the J.M. degree to the Master upon all candidates for the Juris Doctor program sucacademic program.” cessfully completing their third semester of law school in good Eric von Kleist ’12, Registrar and Director of the Juris academic standing. Dean McGough first proposed the idea durMaster’s program, adds that student reception has been overing a meeting of the school’s Special Projects committee in fall whelmingly positive. “Everyone I of 2012, noting that this enhancetalk to appreciates the recognition of ment of the school’s legal studies “[I]n this job market, it the mastery of basic legal skills repprogram would bring the legal prowill be helpful to add an resented by the Juris Master’s. Folks fession into closer alignment with additional degree to our work extremely hard to achieve good traditional academic doctoral proacademic standing in their first three resumes.” grams. “The Juris Master’s degree semesters of law school. ASL’s J.M. adds value to the learning expericelebrates an intermediary stage of Kenyatta Thorpe ’14 ence at ASL,” said Dean McGough. accomplishment, just as a Master’s de“A J.D. marks the successful comgree does for a purely academic docpletion of advanced legal training, toral program.” while the J.M. provides both students and prospective employers Kenyatta Thorpe ’14 agrees: “When Dean McGough and with an affirmation of the quality of students’ efforts in their funDean McGlothlin announced the new program, my classmates damental legal coursework. It also provides students an added and I were excited to be in the charter class for ASL’s J.M. degree. level of confidence in their own capabilities during their threeI thought, ‘that’s pretty cool – we’re getting two degrees where year program of study, serving as a more immediate benchmark students at most law schools only get one.’” Asked what influof academic success than the J.D.” ence she thought the J.M. program would have on the school, According to Professor Kendall Isaac, Chair of ASL’s Special Thorpe responded, “well, it’s a good way to put ASL ahead of Projects committee and Director of ASL’s new Master’s in Legal most other law schools, and I think that the potential to earn Studies program, the inauguration of the Juris Master’s program the J.M. by maintaining good academic standing will encourplaces ASL in the forefront of a trend in American legal educaage people to work harder and focus more on academic success. tion. Professor Isaac remarked that awarding ASL students the Plus,” remarked Thorpe, “in this job market, it will be helpful to Juris Master’s degree provides them recognition for mastering add an additional degree to our resumes.” basic legal skills, and is in keeping with ASL’s leadership role in Students qualifying for the Appalachian School of Law’s Juthe legal education community, where the school has earned ris Master’s degree will receive their J.M. diplomas during a cerwell-deserved national reputation for its commitment to legal emony in the law school’s Appellate Courtroom in January after education access, community service, and student externships. their third semester. “The Special Projects committee thought Dean McGough’s suggestion was an excellent way to keep ASL at the forefront of innovation in legal education,” said Professor Isaac, “and with

ASL Alumna Appointed Executive Director of CASA for Kids, Inc.

ary Kilpatrick ’02 was recently appointed Executive Director of CASA for Kids, Inc. in Tennessee. “CASA” refers to Court Appointed Special Advocates-professionally trained volunteers who assist in cases involving abused and neglected children in the juvenile courts. During the last fiscal year, CASA for Kids, Inc. assisted nearly 600 Tennessee children.

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Mary, a 2002 cum laude graduate of ASL, obtained a Bachelor of Science degree in Organizational Management from Tusculum College prior to attending law school. She first learned about CASA while attending ASL and first began volunteering with CASA for Kids, Inc. in October 2012. Mary currently resides in Kingsport, Tennessee.

Natural Resources Program Keeps Up Rapid Pace

McGlothlin, founder of United Coal, and the Symposium covered such timely topics as National Energy Policy, EPA Air Regulations, the BP Deepwater Horizon Spill, the Effect of Wall Street Reforms on Energy Markets, and New and Emerging Technologies. As always, ASL’s students shined in moot court competitions, as ASL was runner-up at the 72-team National Environmental Law Moot Court Competition held at Pace University Law School. Also, the Appalachian Natural Resources Law Journal continued its growth as the faculty voted to allow editors and senior staff of the ANRLJ to receive academic credit for their work. The ANRLJ is prepared to publish papers from the Symposium in 2013-14, in addition to putting out its own edition in the spring and citechecking/editing EMLF’s Annual Institute in the fall. Finally, ASL has expanded its externship program to include “premier” internships for rising 2Ls that include opportunities focused on mineral, energy, and environmental law. Two rising 3Ls and two rising 2Ls served at “premier” internships and externships at the U.S. EPA this summer. The Natural Resources Law Program continues to grow and impress.

Professor Mark “Buzz” Belleville’s summer course took a field trip to EcoLogical Energy Systems in Bristol, Tenn. to learn about wind and solar energy. Left to Right: Christopher Peterson ’14; Allan Cifuentes ’14; Jimmie Sparrow ’14; Nick Safay, vice-president of EcoLogical Energy; Micah Bailey ’15; Caitlin Flanagan-Morgan ’15; Anjanae Stringfield ’15

The team of Nate Ogle ’13, Amber Russo ’13, and Akiah Highsmith ’13 was runner-up at the National Environmental Law Moot Court Competition

New Online Course in Natural Resources Law and Policy

rofessor Mark “Buzz” Belleville is now teaching an online course in Natural Resources Law and Policy as part of Virginia Tech’s Master of Natural Resources Programs. The MNR is the graduate program of the Center for Leadership in Global Sustainability (CLiGS), a center within Virginia Tech’s College of Natural Resources and Environment (CNRE) in the National Capital Region. CLiGS provides education, research, and leadership needed to prepare students and leaders in environmental and natural resource sustainability to operate in a rapidly changing world. Bringing together faculty and students from Virginia Tech with partners from other educational, business, civic, and government institutions, CLiGS is dedicated to exploring and facilitating interdisciplinary and collaborative approaches to sustainable development strategies in globally interconnected ecological, economic, and social environments. The online course in Natural Resources Law and Policy is one of several that is available to ASL students through our certificate relationship with Virginia Tech. ASL students can obtain a Certificate of Graduate Studies in Natural Resources by completing three hours of qualifying course work at ASL and nine hours of qualifying course work through the Virginia Tech MNR program. ASL students share the on-line “classroom” with Virginia Tech graduate students. the

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FACULTY News

At the Podium Patrick Baker moderated the Mine Safety Panel at Senator Mark R. Warner, The Eastern Coal Council, Virginia Mining Association, and the University of Virginia College at Wise’s Miner’s Health & Safety Symposium in April. He also moderated the EPA Regulatory Session Panel at the 30th National Regulatory Conference in May. The conference is hosted by the Virginia State Bar Administrative Law Section and the Marshall-Wythe School of Law at the College of William and Mary. Lastly, Professor Baker recently served as a panelist on the Coal to Gas Conversion Panel and Effect on Utility Rate Making in March. The panel was hosted by ASL’s Environmental Law Society. Stewart Harris presented a CLE on May 17th to the Washington County Bar Association on the Affordable Care Act and the “contraceptive mandate.” The following day Professor Harris addressed the Regional Conference of the honorary teacher’s sorority, Delta Kappa Gamma, about the ratification of the 19th Amendment, which established women’s suffrage. Additionally, on June 12th, he gave a presentation to faculty of University of Tennessee College of Law entitled, “What Would You Ask Justice O’Connor?”, and on July 16th he addressed the Loudon County, Tennessee Lions Club regarding the Second Amendment.

plines in legal academia the proper focus of first-year writing courses and best practices for teaching legal research and writing to first-year students. Dean Lucy McGough recently presented at the Over Fifty Expo in Abingdon, Virginia. The presentation was entitled, “End of Life Issues: Living Wills, Medical Directives, DNR Orders.” The Expo was an all-day event open to the general public with speakers from a multitude of disciplines speaking on a variety of topics including legal, financial, medical, and wellness issues. Doug McKechnie held a Skype discussion with a group of law students from Udmurt State University in Izhevsk, Russia. It was a lively exchange during which he discussed the First Amendment’s ardent protection of speech on matters of public concern and the concomitant social, political, and policy implications. Professor McKechnie’s participation was coordinated through the American Bar Association’s International Human Rights Committee. Alan Oxford recently presented on “Estate Planning: Wills, Trusts, and Your Property” at the Over Fifty Expo in Abingdon, Virginia.

Michael Loudenslager delivered a presentation entitled, “How to Explain What We Do and How We Do It” at the Association of Legal Writing Directors Conference held at Marquette University Law School in late June. Professor Loudenslager discussed methods of explaining to professors of other disci-

Quotations & Citations

Noted Accomplishments

Patrick Baker was quoted most recently in Associated Press, Court Records Show Va. AG’s Office Fought Disclosure of Emails that Led to Rebuke, Probe, Washington Post (Aug. 20, 2013). He was also quoted by Virginia Business in an article featuring ASL and its Natural Resources Law Program: Jenny Kincaid Boone, Making Its Case, Grundy School Creating Program in Natural Resources Law, Virginia Business (June 2013).

Patrick Baker is currently serving on the planning committee for the 2014 Virginia Commonwealth University Energy & Sustainability Conference Manufacturing Track, which will be held in February 2014 on the campus of Virginia Commonwealth University.

Stewart Harris has a weekly news segments on WJHL, the CBS affiliate in Johnson City, Tennessee. He also appeared on television several times in June and was quoted in the associated web articles, which are available on the WJHL website. On June 7th, Professor Harris was interviewed regarding the disclosure that the National Security Agency had been secretly collecting phone records from Verizon and other telephone carriers on both WJHL and WCYB, the NBC affiliate in Bristol, Virginia. On June 24th, Professor Harris was interviewed on WJHL regarding the U.S. Supreme Court’s decision in affirmative action case Fisher v. Texas. On June 25th, he was interviewed on WJHL regarding the U.S. Supreme Court’s decision in Voting Rights Act case, Shelby County v. Holder. On June 26th, he was interviewed on WJHL regarding the U.S. Supreme Court’s decisions on California’s gay marriage case, Hollingsworth v. Perry, and the Windsor decision striking down a key portion of the Defense of Marriage Act (DOMA). WCYB also interviewed Professor Harris regarding the gay rights decisions.

n March 23rd, students, faculty, staff, and alumni gathered in the Lions’ Lounge to thank Visiting Assistant Professor John Murrey for his 10 years of service to ASL. The surprise retirement party was initiated by the students. Professors Stewart Harris, Parsons, and Scott each toasted Professor Murrey. The 2L and 3L classes both presented him with gifts. Those attending received commemorative t-shirts with Professor Murrey’s likeness and his colorful catch-phrases. ASL alumni participated by sending cards and messages. John Murrey III received his Bachelor of Science and Juris Doctor degrees from the University of Tennessee. After serving for several years as a Judge Advocate in the United States Air Force, Professor Murrey practiced for over 30 years with Witt, Gaither & Whitaker in Chattanooga, Tennessee. For much of that time, he had a general business practice, including serving as general counsel for two publicly owned corporations. He has served as director and chairman of Southeast Tennessee Legal Services and in other civic capacities, and he has served as director of three public companies whose shares are traded on the NASDAQ. He taught several business courses over the course of his teaching career at ASL. Left top: Professor Murrey and wife Becky Left bottom: Katie Kennedy ’13, Professor Murrey, and Melanie Ghaw ’13

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Dale Rubin was invited to serve on the Legal Advisory Committee for Free Speech for People. The organization was formed to engage in legal advocacy, public education, and organizing to “push back” in the courts against the Supreme Court’s ruling in Citizens United v. Federal Election Commission. Other committee members include: David Cieply, Visiting Faculty Fellow, Princeton University; Lisa Danetz, Senior Counsel at Demos, a public advocacy organization; Professor Daniel Greenwood, Hofstra Law School; Professor Steven Shiffrin, Cornell University Law School; Professor Gerald Torres, University at Texas, Austin; and Professor Jamie Raskin, American University Washington College of Law. Thomas R. Scott, Jr. was recently named to Virginia Lawyers Weekly’s “Leaders in the Law” for 2013. The award honors attorneys who exemplify the standard to which other attorneys should aspire.

Professor John Murrey Retires after 10 Years of Service to ASL

Stewart Harris recently interviewed Peter Sagal, host of the new PBS series, Constitution USA with Peter Sagal. Peter Sagal is also the host of NPR’s hugely popular news quiz show, Wait, Wait . . . Don’t Tell Me! Professor Harris interviewed Peter on his radio show Your Weekly Constitutional. Professor Harris also launched a new radio show this summer in addition to his weekly show—a daily, two-minute feature called Your Daily Constitutional. The new show is broadcast in Virginia, Michigan, and most recently, Arizona: http://ywcfb.podomatic.com/.

Published

Alan Oxford’s article Salvaging Testamentary Intent by Applying Partial Invalidity to Insane Delusion, 12 Appalachian J. L. 83 (2012), was cited at in the latest edition of Jesse Dukeminier & Robert H. Sitkoff, Wills, Trusts, and Estates 275 (9th ed. 2013). Paula Young was cited most recently in: American Bar Association, Annotated Model Rules of Professional Conduct (7th ed. 2011); Robert Hornstein, The Role and Value of a Shadow Program in the Law School Curriculum, 31 Miss. C. L. Rev. 405 (2013); Omer Shapira, Conceptions and Perceptions of Fairness in Mediation, 54 S. Tex. L. Rev. 281 (2012); and Sean F. Nolon, Second Best Practices?: Addressing Mediation’s Definitional Problems in Environmental Siting Disputes, 49 Idaho L. Rev. (2012).

James Bowers contributed to Richard A. Wise, Lucy S. McGough, James W. Bowers, Douglas P. Peters, Heather K. Terrell, Brett Holfeld & Joe R. Neal, “Do Law Reviews Need Reform? A Survey of Law Professors, Editors, Attorneys and Judges,” __ Loy. L. Rev. __ (in press) and also authored the forthcoming publication “Some Economic Insight on the Application of Payments Doctrine: Walker-Thomas Revisited,” __ Chi.-Kent L. Rev. __ (forthcoming). Doug McKechnie published “Facebook is Off-limits? Criminalizing Bidirectional Communication Via the Internet is Prior Restraint 2.0,” 46 Ind. L. Rev. 643 (2013). Paula Young reviewed Marjorie Corman Aaron, Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities (Oxford U. Press 2012). The book review appeared in the Summer 2013 Edition of Dispute Resolution Magazine. the

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ASL Continues Commitment to Community Service Examples of Spring 2013 Projects: • • • • • • • • • • • • • • • • • • •

Spring Campus Beautification ASL Memorial 5K Marsh Regional Blood Drive Kiwanis Club of Grundy Easter Egg Hunt “ASL Cares”/Buchanan County Animal Shelter Energy and Mineral Law Society Arbor Day Tree Planting Buchanan County Relay for Life Boys and Girls Club of Central Appalachia Grundy Women’s Club Child Abuse Prevention Awareness Great Eastern and Spearhead Trails in Buchanan Co. Little League Baseball/Softball 29th Judicial District CASA Program Volunteer Income Tax Assistance Program Grundy Lions Club Rocky Mountain Elk Foundation Kentucky Department of Public Advocacy Buchanan County Public Library Montgomery County, VA Volunteer Fire Department “Grundy Games”/Clash of the Coalfields (to benefit Backpack Blessing Program)

Spring Semester Hours Completed: Class of 2013: 2200 hours plus 1156.75 “over and above” Class of 2014: 2275 hours plus 1134.75 “over and above” Class of 2015: 1660 hours plus 671 hours “over and above” Total for 2012-2013 Academic Year:

5K Memorial Race Gumbo Benefit for Boys and Girls Club Softball Tournament

17,802 hours

Sixteen 3L students received the Williard Owens Award for Excellence in Community Service this Spring. The award is presented to 3Ls who perform twice the amount of required service, in most cases 300 hours. In addition, 3L students James Pham and Candice DuVernois were honored with the Sam Weddington Little Red Wagon Award. The recipients of this award “embody the spirit of the community service program” at ASL.

Pruitt Promoted to Director of Admissions

fter a brief period serving as Interim Director, Jackie Pruitt has accepted the position of Director of Admissions & Student Services. Jackie has worked in Admissions since September 2012, having served as an Admissions Counselor before becoming Interim Director in May. A Grundy native, Jackie has been a friend of ASL since its inception, having assisted the Admissions Department on a contract basis for over ten years. Prior to coming to ASL full-time in September 2012, Jackie worked as a supervisor for Sprint Nextel in Bristol, Virginia. She has also spent three years as a bookkeeper for Central Coal Company, and many of our alumni will remember Jackie from her time at the copy shop across from the Post Office in Grundy. Jackie is a 2002 graduate of Virginia Tech, with a Bachelor of Science degree in Business Management and

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Marketing. Outside of her role at ASL, Jackie is actively involved in her church, serving as coleader of the teen group where she teaches, facilitates activities, and leads service projects. She also enjoys traveling, reading, and creative projects. Jackie is looking forward to the 2014 recruitment year. She commented, “The Admissions and Financial Aid team are young, energetic and passionate about ASL’s strengths – our commitment to service and community. Our prospective and future students are treated as if they are special, and they are!”

Eastern Coal Council Knitting Circle

Practice Area Career Fair

Barrister’s Ball the

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New Student Activity Center Memorializes Trustee Roger Powers

SL lost a long-time friend and one of its founding supporters when Roger Powers passed away in December 2012. Friends, family, and colleagues made memorial gifts to the law school, and Dean Lucy McGough consulted with Roger’s widow, Sheilah, and sister, Ginger Robertson, about the best way to use them. During the same time, members of the SBA, led by President Ryan McLaughlin ’13, approached the Dean about creating a Student Activity Center where students could enjoy down time between classes and relax with games, video, and conversation. They backed up their request with a contribution of $5,000 from the student activity funds. Dean McGough and Director of Institutional Development Karen Harvey proposed to Sheilah and Ginger that the gifts made in Roger’s memory be used to convert the Lower Level Classroom, which had been the cafeteria when the building was Grundy High

School, into the Roger Powers Student Activity Center. Both enthusiastically supported the idea, and Sheilah said that Roger had advocated for such a project for a number of years. Additional gifts were contributed by members of the Board of Trustees, an anonymous donor, TruPoint Bank, Professor Tom Scott and other friends of Roger and ASL. Designer Alyssa Beard (who created the refurbishment of the Bunn House as the Dean’s residence) designed the space, and student volunteers removed carpeting and painted the walls. Sure Step Coating of Bristol, Tennessee, refinished the polished concrete floor, and Rife’s TV and Appliance provided furnishings at a significant discount. A brief ribbon cutting officially opened the W. Roger Powers Student Activity Center on May 10, 2013. Roger’s portrait and a brief biography are being incorporated into a sign near the entrance that will welcome ASL students for many years to come.

CLASS Notes fice, PLLC, in Lexington, Kentucky.

2002

William R. “Rob” Sievers is a contributor of feature articles to Yahoo! Sports’ ThePostGame.com. You can access Rob’s articles at http://m.thepostgame.com/author/rob-sievers.

2003

Rochelle Richardson was recently featured in The Balitmore Sun for her work with homeless veterans. Rochelle assists with the Homeless Persons Representation Project, part of the Veterans Administration Medical Center legal clinic in Baltimore, Maryland. The clinic provides free legal services to indigent veterans of the U.S. military.

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Staff members Tonya Moore, Brian Presley, Karen Harvey, and Christy Rose in the newly renovated Student Activity Center Burke.

Left to Right: Dean Lucy McGough, Ginger Robertson, Shonna Powers, Sheilah Powers, Lowell Dexter Ray, Hon. Birg Sergent, Dawneda Williams, Marc Anderson ‘13 ke.

ASL Alumni Named Stars of the Quarter

SL alumni Joseph Fanduzz ’07 and Adam Moore ’06 recently were named Stars of the Quarter by the Tennessee Bar Association.

Joseph Fanduzz practices with Jolley & Eldridge in Knoxville, Tennessee. His practice includes personal injury and criminal defense. Joseph is a very active member of the Tennessee Bar Association, having served as vice-chair of the Young Lawyers Division’s Membership & Law School Outreach Committee and as a member of the TBA Mentoring Task Force. He has assisted with the Judicial Internship Program, pairing students attending law school in Tennessee 11

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with trial judges for summer internships. He has also assisted in the development of a mentoring program to assist lawyers who are new to the profession. D. Adam Moore works at Regions Trust, where his practice focuses on the administration of trusts and estates. Adam is the Editor of the Young Lawyers’ Division’s monthly newsletter E-DICT.

Robert Deatherage and wife, Elizabeth, welcomed a son, Archer B. Deatherage (8 pounds, 10 ounces and 22 inches long) on March 4, 2013. Robert works as an Assistant Commonwealth’s Attorney in Franklin County, Virginia.

2005

Andrew Nester was promoted to Chief Deputy Commonwealth’s Attorney for Henry County, Virginia, before assuming the position of Commonwealth’s Attorney for Henry County in July. Amy Acord Osgood and husband

Shane welcomed a daughter, Sofia Belle, on November 10, 2012. Felicia Snyder opened own law firm, Snyder Law

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2006

Celeste Barber and her husband received an early gift on Christmas Eve 2012 with the arrival of their second son, Clayton Anthony (7.8 pounds and 19 inches long). Brett

Buchheit and his wife, Leslie, are enjoying time with their daughter Amelia, a.k.a. “ P o u n d e r .” Brett continues to practice law in Littleton, Colorado.

Stewart B. Harman was made a shareholder in his firm, Plant Christensen & Kannell Attorneys at Law, in Salt Lake City, Utah. Roberta Ann “Robbie” Paluck formed a new firm, Judah & Paluck, PLLC, with fellow attorney Peter Judah. The office is located in Hot Springs, Virginia, in the middle of the beautiful Allegheny Mountains. Robbie is engaged in the general practice of law. Prior to opening her own firm, Robbie was employed at the firm of Frankl, Miller & Webb in Roanoke, Virginia as an associate attorney. Margaret “Meg” Sagi was assigned as the Assistant District Attorney General for the 23rd Judicial District Drug Task Force in Dickson, Tennessee. The Drug Task Force investigates and prosecutes crimes including clandestine methamphetamine labs; manufacturing, sale, and distribution of drugs and narcotics; prescription drug fraud; and other narcotics-related offenses. The 23rd Judicial District Drug Task Force covers five counties including Cheatham, Dickson, Houston, Humphreys, and Stewart. Tina Lanning Sloan welcomed a new addition to her family. Daughter

Merritt Emmeline was born March 19, 2013, in Knoxville, Tennessee.

2007

Aaron L. Bell and his wife, Natasha, welcomed their son, Emmett Lee (5 pounds, 6 ounces), on October 15, 2012. Aaron has begun his fifth year of practice with the law firm of Thigpen & Jenkins, LLP, primarily focusing in the areas of family law and civil litigation. Consisting of three offices, the firm provides legal services to clients spanning ten counties within the Piedmont Region of North Carolina. Erin Burns and husband Chris Musgrave (‘09) were married in Lexington, Kentucky on August 25, 2012.

Captain Artie Vaughn was reassigned from the 60th Air Mobility Wing to the Air Force Legal Operations Agency as an Area Defense Counsel at Travis Air Force Base in Northern California. He will be responsible for providing defense services, including courts-martial, to service members facing military justice and administrative actions. He and his wife, Leeatra, live at Travis Air Force Base with their two children, Tripp (age 4) and Kimberly (age 18 months).

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ed their 5-year wedding anniversary and hope to be blessed with children soon.

2010

Matthew G. Coleman and Sarah McKinney Coleman welcomed a son, Anthony Ronald (9 pounds, 1 ounce) on May 20, 2013.

Allison Murrell and husband Brandon are proud to announce the birth of their daughter, Campbell Ann (6 pounds, 2 ounces and 19 inches long), who was born May 31, 2013.

Jacob Eberhart and Kelli McSurley recently wed on June 20, 2013, in historic St. Augustine, Florida. Kelli and Jacob reside in the Denver, Colorado area, where Kelli has her own firm, Magnolia Law Firm, focusing on family law. Jacob was recently promoted to senior leadership for Canary, LLC as Vice President of Communications and serves on the Board of Directors for CASA-Denver.

Aimee Cole Corbett and W. Taylor Corbett (‘13) welcomed a daughter, Audrey Bryn (8 pounds, 10 ounces and 21 inches long), on January 8, 2013. Amy Lawrence-Lovely and Justin Lovely (‘09) welcomed baby Jameson Knox (7 pounds, 4 ounces and 20 inches long) on December 17, 2012. Baby Knox joined big brother Cash (2 1/2 years old). Amy and Justin are smitten with sweet baby boy Knox! Amy and Justin live and work in Myrtle Beach, South Carolina. Their firm, The Lovely Law Firm, is located on North Oak Street. T. Aaron Metz and wife Jennifer now reside in Morgantown, West Virginia. Aaron is employed with Metz Law Offices, PLLC. The firm employs three real estate attorneys, including Aaron, with offices in Morgantown, Charleston, and Teays Valley. Aaron also handles independent work in criminal defense and family law. Aaron has been employed at Metz Law Offices, PLLC for over two years. He and his wife recently celebrat-

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Jessica Johnson was recently appointed to the position of Chief Magistrate of the 24th Judicial District of Virginia. Jessica supervises magistrates in five offices: Lynchburg, Amherst, Bedford, Campbell, and Nelson. She manages and trains magistrates, prepares schedules and budgets, and researches complicated legal issues that apply to the district. Jacob Lauser and his wife, Wendy, welcomed another beautiful daughter to their family on January 7, 2013. Sophia Grace (8 pounds, 4 ounces) was born in Walnut Creek, California. When sharing the news and his family’s reception of the new baby, Jacob explained, “Hannah (almost 3 years old), absolutely loves her new sister and insists that we call her ‘Sophia’ whenever we use her nickname ‘Sophie Bear.’ It’s really priceless to watch the two interact and hear the things she comes up with. I asked her the other day if she was going to be a lawyer when she grew up and she emphatically said, ‘No, Daddy! Sophia. So, I guess she has ASL plans for her sister.”

John-Paul “J.P.” Gilson opened his own law practice, The Gilson Law Firm, in Fairfax, Virginia. The firm is dedicated to criminal defense, family law, and civil matters. The firm consists of four attorneys and two support staff. Paul Montgomery and wife Megan proudly announce the arrival of their son, Royce Asher. Royce was born in Pikeville, Kentucky on July 14, 2013. Royce’s big brother (by 2 1/2 yrs), Syrus Jonah, is happy for this long awaited arrival of his kid brother, “Bobby Cars.” Megan works as an R.N. in the Pikeville area. Paul is an assistant public defender at the Public Defender Corp. for the 30th Judicial Circuit in Williamson, W.V. Chet Palumbo recently opened a solo practice dedicated primarily to DUI cases. Chet is a certified Standardized Field Sobriety Test Instructor and a member of

New jobs, promotions, weddings, babies — share the news with your ASL family! E-mail your news to current@asl.edu. Photos are welcome, too — please send high-resolution files, if available.

the National College for DUI Defense. Megan Thompson and her husband, B.J., welcomed a daughter, Harper Lake (7 pounds, 12 ounces), on October 29, 2012, in Glasgow, Kentucky. Harper joins her sister, Aubrey, in Albany, Kentucky, where the family resides. Megan serves as a staff attorney for Circuit Judge David Williams. Nick Verna formed a partnership, La Mantia, Marsilio & Verna, PLLC. Nick focuses his practice on estate planning and probate law, while his partners focus on business, employment, criminal law, and commercial real estate. La Mantia, Marsilio & Verna, PLLC have offices in Raleigh and Cary, North Carolina. Blair N.C. Wood was named a Virginia Super Lawyers rising star for 2013. Blair is an attorney at The Creekmore Law Firm PC in Blacksburg, Virginia. Her practice consists of energy and natural resources law and business litigation.

2011

Jessica Nelson recently accepted a new position as Associate Director of Planned Giving with the University of Utah. This position is an integral member within the University of Utah Office of Development.

2012 Pamela Keeling was engaged to Michael Shultz in November 2012. Pamela and Michael currently reside in Utah. Nicole Lawson married Robert Wnukowski in Virginia Beach on August 4, 2012. Nicole and Robbie met while earning their undergraduate degrees at

The College of William & Mary. Sarah Brown (‘12), Pamela Keeling (‘12), Jennifer Ferrara (‘12), and Elisabeth Griffith (‘12) were in attendance at the wedding.

The couple resides in Virginia Beach, Virginia, where Nicole works as a magistrate at the Norfolk Magistrate’s Office, and Robbie works as an 8th grade teacher at Kempsville Middle School teaching civics and economics. Bethany Long accepted a position with the Tazewell County Commonwealth’s Attorney’s Office as an Assistant Commonwealth’s Attorney. Bethany previously served as a law clerk to the Honorable Jack S. Hurley, Jr. in the Tazewell County Circuit Court. Elena Patarinski is employed as an associate with DankosGordon P.C. in Richmond, Virginia, where she currently handles estate planning, real estate, and debt collections. Elena also plans to focus her practice on personal injury, civil litigation, and business law. Elena is admitted to the United States Bankruptcy court for the Eastern District of Virginia and is a certified guardian ad litem for incapacitated adults. In addition to her position at DankosGordon, Elena also works for BrownGreer PLC. George A. “Trip” Payne and David T. Kasper both joined the firm of Warren E. Kasper, PA Attorneys and Counsellors at Law in Clemmons, North Carolina. The firm provides a full range

of legal services to individuals and small businesses, including business formation, estates and trusts, real estate matters, family law, and civil and criminal litigation. The firm opened in Clemmons in 1980 and is retained counsel for the Village of Clemmons. Valerie Powell married Bryan Cavitt on New Year’s Eve at Ballet Austin in Austin, Texas. Jill Martin (‘14) served as a bridesmaid, and Morgan Constantino (‘12) was also present. Chad Simmons accepted a position as an Assistant Commonwealth’s Attorney in the City of Roanoke, Virginia.

2013 Ian Maher and wife Krista happily welcomed their first child, Henry William, on January 12, 2013, in Abingdon, Virginia. Upon his graduation from law school, Ian and his family returned to the state of Washington where their loved ones excitedly awaited their return with the newest member of the family.

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

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