A Fair and Impartial Judiciary
Former Associate Justice Sandra Day O'Connor visits Emory Law
lawyerâ€‰ winter 2008 A Fair and Impartial Judiciary Former Associate Justice Sandra Day Oâ€™Connor visits Emory Law. From the President Associate Dean of Development and Alumni Relations Susan Fitzgerald Carter Fall 2007 Editor Timothy L. Hussey, APR Director of Marketing and Communications Dear Emory Law Alum: The beginning of another academic year prompts me to reflect on the extraordinary legacy of our law alumni. From enrolling the first woman student of the University, in 1917, to producing some of the most important leaders of Emory’s history (Bowden, Thrower, Arrington, Sears, and countless others), Emory Law has served the University and the larger social good with superb and admirable results. More recently, we have still more to be proud of in the School of Law. Interim Dean Frank Alexander deservedly received last year’s Thomas Jefferson Award at Commencement for his long and varied service to the University. Major faculty appointments have strengthened the law school’s synergies with other parts of the academic enterprise, both on our own campus and more broadly. The law school’s strategic plan outlines a bold aspiration to build on current strengths in public-interest law and other distinctive programs. And we face a promising future with optimism and a determination to exercise wise stewardship of the gifts at our disposal. As Dean David Partlett continues in his role in leading our distinguished law faculty, I am grateful for the blend of experience, scholarship, and personal qualities that he brings to the task. The prospect for burnishing Emory Law’s great legacy appears very strong. I look forward to continuing to work with you, Dean Partlett, and the faculty and staff of the law school in bringing this p romise to fruition. Sincerely, James W. Wagner President Emory University Contributors April L. Bogle Liz Chilla, Public Relations Coordinator Wendy R. Cromwell Carol Clark Marcella Ducca 08L Shalini Ramachandran 11C Amye Walters Art Direction/Design Winnie Hulme Photographers Flip Chalfant Jon Deutsch Corky Gallo Caroline Joe Gary Meek Scott Wile Caroline Wright Emory Lawyer is published biannually by Emory University School of Law and is distributed free to alumni and friends. Produced by the Office of Marketing and Communications, Emory Law. Send letters to the editor and other correspondence to Timothy L. Hussey, Emory University School of Law, 1301 Clifton Road, Atlanta, Georgia 30322; firstname.lastname@example.org; or 404.712.8404. © 2007 Emory University School of Law. All rights reserved. Articles may be reprinted in full or in part if source is acknowledged. Change of address: Send address changes by mail to Office of Development and Alumni Records, Emory University, 1762 Clifton Road, Plaza 1000, Atlanta, Georgia 30322. Email: Communications@law.emory.edu Website: www.law.emory.edu winter 2008 features 6 Idol Worship by wendy r. cromwell 8 Does Law + Religion = Justice? by april l. bogle 10 Remembering a Pioneer by liz chilla and april l. bogle or one Emory Law first-year student, meeting former Associate Justice F Sandra Day O’Connor gave her a new appreciation for the law. Emory’s Center for the Study of Law and Religion celebrates a milestone anniversary by exploring the future of law and religion. Looking back on the legacy of Emory’s first Robert W. Woodruff Professor of Law, Harold J. Berman 16 18 Alumni Reunion 2007 A weekend in pictures as Emory Law celebrated Reunion Weekend Emory Law Honors Distinguished Alumni by liz chilla Three outstanding alumni join the Emory Law Distinguished Alumni Hall of Honor. 20 Building Legal Conscience by timothy l. hussey Summer 2007 epic grant recipients took a dip, rocked out, and fought for civil rights. 22 The Real Deal by liz chilla Tina Stark drafts a plan for Emory’s new Center for Transactional Law and Practice. 24 A Career of Service By Shalini Ramachandran 11C For former Navy Lt. Cmdr. Charles Swift, leaving the military allowed him to choose a different path of service. Perspective 12 Extending Our Reach by timothy l. hussey Emory Law welcomes seven new and visiting faculty members. 13 Summer in China by liz chilla While his classmates were making contacts in New York, Atlanta, and Washington, D.C., Thomas Foley 08l was brushing up on his Mandarin. 14 Finding Your Passion by amye walters When Emory Law’s blsa Chapter teamed with Smith Gambrell & Russell to host its new lecture series, they didn’t have to look far to find an amazing speaker. 15 Taking the Lead by liz chilla Courtney Taylor and Camille Bent prove Emory Law students are prepared for more than practice. departments 2 Dean’s View 3 In Brief 26 Class Notes 29 In Memoriam 30 Faculty Voices 31 Giving Back 32 Closing Dean’s View What Matters Most H oneymoons for deans are short nowadays. But I want to report that the view from the bridge of the Emory Law ship remains as favorable as the day I was privileged to take my station at the helm. Indeed, after eighteen months, my respect for, and admiration of this, your law school, has deepened. We have built on a superb foundation to forge changes. With a palpable momentum, we have moved ahead aggressively in making Emory Law an even better law school for our faculty and students. I have had a bracing and at times an exhausting agenda. In particular, I have left the law school cloisters frequently to visit our alumni and friends in Atlanta and around the country to discuss our long-term vision for making Emory Law one of the truly great national law schools. Moving forward, we will continue to maintain our focus on three key priorities: Attracting and keeping the very best students in the country; celebrating the accomplishments of our strong faculty while working to add ten faculty members over the next five years; and ensuring we have adequate facilities to meet the changing needs of Emory Law now and for the future. Emory Law already provides a source of great strength in our curriculum — this was true when you were a student, and it remains true today. We continue in our quest to renew and improve our curriculum so that students graduating from Emory today are well-prepared to become successful members of our profession, lawyers who will lead in the dazzlingly complex society of this new century. We need to build our programs in intellectual property and legal feminist theory, and we need to strengthen further our internationally recognized program in law and religion. Our faculty has an extraordinary reputation in international and comparative law. With the recent addition of a clinic in International Humanitarian Law and the appointment of former U.S. Navy Lt. Cmdr. Charles Swift, we are poised to broaden our reach in these areas. In addition, we are pleased to announce the creation of a Center for Transactional Law and Practice, led by Tina Stark. This new center will expand on our offerings to students and will add skills training for practitioners — our first series of workshops in mergers and acquisitions already has generated a great deal of interest. The challenge is to bolster the past and reach boldly to the future, to continue to build on the great strengths of Emory University and tap into new interdisciplinary and cross-disciplinary areas. We are still very much engaged in developing a program in health law. We look for ways to reach beyond the walls of Gambrell Hall and seek partnerships with other schools at Emory as well as within the private and public sectors. The future for Emory Law has never been brighter. Please share in my enthusiasm as we continue to enhance this great institution. David F. Partlett Dean and Asa Griggs Candler Professor of Law 2 emory lawyer In Brief Freer Named to LexisNexis Advisory Board Lynell Cadray has been appointed chief diversity officer for Emory Law. Many Faces. One Voice. T he new Office of Diversity and Community Initiatives strengthens the development of programming and the engagement in issues related to diversity and community building at Emory Law. Lynell Cadray has been appointed chief diversity officer for Emory Law. She will lead the school in its diversity and community initiatives and will serve as the liaison with Emory University’s Office of Diversity and Community, which works to implement the diversity initiatives set forth in Emory’s Strategic Plan. “The Office of Diversity and Community Initiatives gives Emory Law the opportunity to further strengthen our community by providing a focus for planning a culturally diverse array of activities,” Dean David Partlett said. “As part of its strategic plan, the Emory community is exploring the critical issues of diversity, race, and difference. Through the establishment of this office, we hope to bring this community-wide initiative into our work here at Emory Law.” Cadray serves as assistant dean for admission and financial aid and will assume leadership for the Office of Diversity and Community Initiatives in addition to her current responsibilities. “I am excited about the opportunity to lead Emory Law’s diversity efforts,” said Cadray. “This new diversity initiative by Dean Partlett positions Emory Law among the nation’s top law schools in dealing with issues of diversity and community and in preparing our students for success in a diverse legal profession.” The Office of Diversity and Community Initiatives works collaboratively with other departments as well as with all members of the Emory Law community — students, faculty, staff, and alumni — concerning issues that are important to underrepresented groups in the law school community and within the legal profession. The Office of Diversity and Community Initiatives will work closely with the dean’s office to establish the Dean’s Diversity Committee. Committee members will focus on research, collaboration, and initiatives to engage the Emory Law community in open dialogue about issues related to diversity in the legal profession. Richard D. Freer, the Robert Howell Hall Professor of Law, has been appointed to the Advisory Board for LexisNexis Law School Publishing. He begins his three-year term in January 2008. The LexisNexis Advisory Board consists of eight leading legal scholars, who provide advice on acquisitions, marketing, sales, pricing, and the editorial process. “It is a great privilege to be named to the LexisNexis Advisory Board,” Freer said. “I look forward to working with an impressive group of scholars and advising LexisNexis on a variety of topics.” Professor Freer is a nationally recognized scholar in civil procedure and federal courts. He has written or co-written several books on these topics. His casebook on civil procedure, co-written with Professor Wendy Perdue of Georgetown University Law Center, is published by LexisNexis. Now in its fourth edition, the book has been adopted at more than 100 law schools and is one of the leading casebooks in the field. Freer also is co-author, with Emory Law Professor George Shepherd, of a popular casebook on business structures and a co-author, with Martin Redish of Northwestern University School of Law, of a text on federal courts. His new treatise on civil procedure for Aspen Publishers was released last year. go figure 37.8 the percentage of Emory Law 1Ls from underrepresented groups winter 2008 3 In Brief Rebuilding the Rule of Law Emory Law Professor Brings Trial Techniques to Liberia P rofessor Paul Zwier, along with team of lawyers and judges from Lawyers Without Borders, traveled to Liberia this summer to train Liberian criminal defense lawyers, prosecutors, and magistrates in court room evidence and advocacy skills. The delegation met with the U.S. ambassador to Liberia, Donald Booth, and other embassy officials for a briefing on conditions in the country and rule of law efforts that were being conducted through the U.S. military, and United Nations. The visit included a tour of the Ministry of Justice Buildings to see the conditions of the courthouse in Monrovia, after the rioting surrounding the fall of the Charles Taylor dictatorship. Members of the delegation met with Johnny Lewis, Chief Justice of the Liberian Supreme Court. Chief Justice of the Liberian Supreme Court Johnny Lewis briefed delegation members on his work to resurrect his country’s common law court system and make it live up to the promises described in the Liberian Constitution and laws. The group also met with the President of Liberia, Prof. Paul Zwier Eleanor Johnson Sirleaf. The six-day conference was modeled on Emory Law’s Trial Techniques program. It included instruction in evidence law for the magistrates. A second conference is scheduled for fall 2008, to include judges and members of the private bar. Emory law students Alex Barney and Shauna M. Leven have joined Zwier to form a “working group” on Liberia. This student-led group will coordinate efforts on a number of fronts including working with the Carter Center’s new rule of law efforts in Liberia, the Atlanta Truth and Reconciliation efforts, and Emory University’s Institute for Developing Nations. The working group hopes to develop “A Case for Liberia.” The group’s work will include design and organization of a conference, assisting the Carter Center in legal research for the Ministry of Justice, assisting efforts for fact gathering and monitoring of conditions, and offering advice on community rule of law development projects in Liberia at both the local and national level. Moot Court Competition E mory Law held its first Civil Rights and Liberties Competition October 19 – 20. Fifteen teams from across the nation came to compete. The University of Georgia and the New York Law School advanced to the finals, held Sunday in Tull Auditorium. New York represented the Transportation Security Administration and uga represented Ms. Aysha Ali, who argued her rights were violated when she was prohibited from boarding an airplane after refusing to change out of her Muslim hijab into more form-fitting clothing, as mandated by a new tsa regulation. The competitors’ final round was judged by the Honorable Jane Roth 4 emory lawyer of the Third Circuit Court of Appeals, the Honorable Martha Daughtrey of the Sixth Circuit Court of Appeals, and the Honorable A. Wallace Tashima of the Ninth Circuit Court of Appeals. After oral arguments, the distinguished panel chose the uga team as the winner. uga, represented by Jennifer Blakely, Shunta Harmon, and Cameron Hawkins received a $500 prize and dinner with the judges. New York, represented by Stephanie Kudrle and Devra Nemrow, was the runner-up and received the Best Brief award. Tara Conway of Mercer received the Best Oralist award. The events sponsors, Sutherland Asbill & Brennan, Troutman Sanders, and McKenna Long & Aldridge hosted a reception for students, faculty, competitors, and judges after the final round. — Marcella Ducca 08L In Brief Varner Honored by American Jewish Committee Chilton Varner 76L, a partner and trial lawyer at King & Spalding LLP, was awarded the 2007 Judge Learned Hand Award by the Atlanta Chapter of the American Jewish Committee at the annual luncheon June 5 at the RitzCarlton Atlanta. Varner has thirty years of courtroom experience as a trial lawyer defending corporations in product liability, business torts, contract and other commercial disputes. She also has been identified by the National Law Journal as one of the country’s top women litigators. The Judge Learned Hand Award was established in memory of Judge Learned Hand, senior judge of the U.S. Court of Appeals for the Second Circuit from 1924 – 1951. Judge Hand was famous for the extensive range of decisions he rendered in more than 2,000 cases. The award is presented annually to an outstanding leader in the legal profession who exemplifies the high principles for which Judge Hand was renowned. International Conference Focuses on Women in Violent Conflict T he Feminism and Legal Theory Project of Emory Law partnered with the Netherlands Defense Academy to sponsor an international conference on the sexual abuse and exploitation of women and girls in violent conflict. The conference, which took place in June 2007 in Amsterdam, consisted of a series of comprehensive lectures and presentations on the problems Martha Albertson Fineman, Robert W. arising from this type of violence Woodruff Professor of Law and director against women. and founder of the FLT Project “By bringing together renowned academics, politicians, and military personnel to consider the persistent problem of violence against women during armed conflict, the Feminism and Legal Theory Project is living up to its commitment to provide a platform for innovative discussions concerning women,” said Martha Albertson Fineman, director and founder of the flt Project. “This was a truly unique event and the combination of perspectives was unprecedented.” Speakers at the conference included Major-General Patrick Cammaert, force commander for the U.N. mission to the Congo; Yakin Ertürk, special rapporteur of the U.N. Human Rights Council on Violence against Women; Muna Ndulo of Cornell University; Fionnuala Ní Aoláin of the University of Ulster; and Elisabeth Wood of Yale University. Conference attendees gained insight into the causes and consequences of sexual abuse and exploitation in order to create awareness and better address these offenses. The Netherlands Defense Academy also plans to disseminate the record of the conference proceedings to military facilities around the world. Open Water A love of racing on the open water has been in Professor Frank Vandall’s blood for more than twenty-five years. “I started sailing in 1981,” Vandall said. “I rented a catamaran in Florida and have been racing sailboats ever since. I enjoy sailing because it offers a brain-cleansing getaway.” Last June he competed in the Flying Scot North American Championship at the Fishing Bay Yacht Club in Deltaville, VA. It was the largest Flying Scot competition and celebrated the fiftieth anniversary of the craft. The Flying Scot is a 19-foot day sailer. The boat features a large, deep cockpit that Frank Vandall and his Flying Scot can provide comfortable sailing for up to eight people. For racing, the craft is flexible enough to be handled by a small crew. “It is very durable,” Vandall said of the Flying Scot, “it is fast and can easily by sailed by two people.” The Flying Scot is one of six boats Vandall owns. “I have sailboats that range in length from six feet to 24 feet,” he said. “The six foot one is for my grandchildren.” Photos of Vandall competing with his Flying Scot in the championship were featured in Sailing World magazine this past summer. Professor Vandall has been at Emory for thirty-seven years. He teaches torts and products liability. He testified before the Senate Judiciary Committee last March. His article, “The Criminalization of Products Liability,” will be the lead article in the spring issue of the Catholic Law Review. winter 2008 5 Idol Worship O’Connor visited Emory Law to give the keynote For one Emory Law first-year student, meeting former Associate Justice Sandra Day O’Connor gave her a new appreciation for the law by Wendy R. Cromwell T alk about intimidating — having your third-grade story critiqued by the story’s subject, retired U.S. Supreme Court Justice Sandra Day O’Connor. “She read over the story and critiqued it factually,” said Amanda Wilson, a first-year law student. “I had to explain that I wrote it in the third grade. I’m lucky she wasn’t my teacher! “I’m pretty sure I got an A on that story,” Wilson said. She selected O’Connor because the justice inspired her as the first woman on the high court. “I remember, even in third grade, wanting to be one of those women.” Wilson also wrote a letter to O’Connor and received a response. “I liked the idea of her,” said Wilson, a Boston native and Tulane University graduate. “She was the best at something and the first. It was inspirational.” 6 emory lawyer speech at the “A Fair and Impartial Judiciary” Conference Oct. 19. For Wilson, meeting her childhood hero during the pre-conference reception for students and faculty was nerve-racking. “She’s not a huge person, but she exudes such a big personality,” she said. “She filled the room with energy and excitement. “She asked me if I were enjoying the process of law school,” said Wilson, a member of the Emory Student Government Association and the Student Bar Association. “She said she really enjoyed the process. It was inspiring because her hard work really paid off for her. Justice O’Connor is such an example of where our hard work can take us. She put a lot of emphasis on studying and doing due diligence. “If you are going to trust someone — she is definitely someone to believe,” Wilson said. Meeting the retired justice was interesting because it’s hard to visualize the person she met with O’Connor’s court opinions, Wilson said. “You think, ‘oh wow, this is the person who wrote that,’” said the first-year student and Student-Alumni Association member. “It’s hard to identify her in her writing. Some justices you just know who is writing what — like Justice [Anthony] Scalia. If you have a strict interpretation of the language, you know it’s Scalia. She was always less stringent with her words.” During her speech, O’Connor stressed the need for an independent judiciary. The retired justice cited the 2002 case, Minnesota v. White, in which as a member of the 5 – 4 majority, she helped expand free speech rights for judicial candidates. “The need for an impartial and respected judiciary is not new,” O’Connor said, citing Worcester v. Georgia, in which the Supreme Court ruled an 1832 Georgia law mandating the removal of Cherokee Indians did not apply to tribal land. “John Marshall nurtured a culture of judicial independence,” O’Connor said. “Most of the time politicians don’t challenge the courts. Though [President Andrew] Jackson reputedly said ‘John Marshall has made his ruling, now let him enforce it’ in the Trail of Tears case.” Never before have the courts been under such a relentless attack, O’Connor said. “The system breaks down without judicial independence.” Before hearing O’Connor, Wilson did not think about judicial independence. “But now I’m seeing the pull on the judiciary more and more,” Wilson said. “During the presidential debates, the Bringing O’Connor to Emory Law A chance e-mail brought retired U.S. Supreme Court Justice Sandra Day O’Connor to Emory University. “I thought it would take months of discussions to work this out,” said Associate Dean A. James Elliott about inviting O’Connor to Georgia to discuss judicial independence. “Instead, we received an e-mail saying, ‘These are the months I’m available.’ “I think she appreciated our ecumenical approach and including all five law schools and the business schools,” Elliott said. The law schools at Emory, University of Georgia, Mercer University, Georgia State University, and John Marshall along with GSU’s Robinson College of Business and Emory’s Goizueta Business School sponsored the conference. The conference, “A Fair and Impartial Judiciary,” grew out of Elliott’s work with the Georgia Committee for Ethical Campaigns. “We wanted to represent various view- judiciary was pulled into them. Being in law school and reading the cases, you see that it is crucial that there be no interference. Otherwise, what is the point of having a court system?” As for O’Connor referencing the Three Stooges by name — Larry, Mo, and Curly — to emphasize the need for civics education, “it makes her a real person and even more amazing,” Wilson said. “She wasn’t someone who gave up some aspects of her life. She has a husband and three children. It shows you can have a balanced and well-rounded life.” Wilson credits her mother for steering her toward the law and O’Connor as a hero. For her third-grade O’Connor presentation, Wilson’s mother even made her a black judge’s robe. “We were supposed to dress up like our heroes,” Wilson said. “Most of the other kids dressed up like their favorite ball player or something similar.” As for O’Connor’s advice about law school, Wilson took it to heart. “I really like law school and enjoy it,” Wilson said. “Now, I appreciate it a little more after meeting her.” points,” Elliott said. “It serves us better as an academic institution to represent strong opinions in a civil way. “I think the best comments came from George [M. Israel III],” Elliot said of the president and CEO of the Georgia Chamber of Commerce. “He was really suspicious. Afterward he told me, he thought we really did provide an opportunity to make his viewpoints known.” The first panel, Judicial Impartiality and Accountability, did as Elliott intended when Shannon L. Goessling 93L challenged her fellow panelists, Bert Brandenburg, executive director of Justice at Stake, and Norman Fletcher, former chief justice of the Georgia Supreme Court, about judicial elections. “Shannon did exactly what she was supposed to do,” Elliott said. “You couldn’t see me, but I was behind that curtain grinning from ear to ear when she took issue with not electing judges.” The second panel, Judicial Selection, tackled judicial elections and interest-party financing now affecting races. The panel featured Israel, Rep. Ed Lindsey Jr. (R-Atlanta), vice chair of the Georgia House Judiciary Committee, and Tom Phillips, retired chief justice of the Texas Supreme Court. The third panel, Public Understanding of the Role of the Judiciary, featured Tom Baxter; editor of the Southern Political Report; Ed Bean, editor in chief of the Daily Report; and Dick Pettys, editor of Insider Advantage Georgia. “Lawyers, judges, and business people are all better off with a competent and fair judiciary,” Elliott said. “Hopefully conferences like ours will open a dialogue and get people to sit down and talk about how to make the system we have work as fairly as possible. “We all win with a competent, fair and impartial judiciary.” winter 2008 7 Law Plus Religion May Equal Justice in the Future by April L. Bogle, photos by Flip Chalfant T he world’s most distinguished thinkers and writers in the field of law and religion believe that future peoples will continue to be challenged by how to integrate the teachings of religion into civil society, but despite violent conflicts that are certain to ensue, the coming together could ultimately lead to a just and peaceful world order. The scholars outlined their predictions during the silver anniversary conference of Emory University’s Center for the Study of Law and Religion (cslr), “From Silver to Gold: The Next 25 Years of Law and Religion,” at Emory Law Oct. 24 – 26. The future of religious liberty; marriage; the African American family; Jewish, Christian and Islamic legal studies; human rights; and international affairs were addressed in the two-and-a-half day event that drew more than 400 participants from around the world. The proceedings will be published by a major university press. “We have to find common spiritual values to hold us together or we may destroy each other with our nuclear weapons,” said Harold J. Berman, Emory’s first Robert W. Woodruff Professor of Law and the reputed father of the field of law and religion. Berman spoke via a pre-recorded video interview during the Oct. 25 lead-off session, “The Future of Law and Religion.” Acknowledging the harms that can be done by religion or in the name of it, Judge John Noonan of the Ninth Circuit Court of Appeals cautioned of the dangers of secularism, pointing to ex-Christians Adolf Hitler and Joseph Stalin, and non-Christians Chairman Mao Tse Tung and the Turkish rulers of Armenia. “The twentieth century, the most secular in history, was also the bloodiest in the destruction of human lives,” said Noonan, who was one of two speakers to deliver the Currie Lecture in Law and Religion Oct. 25. “Consider the fate of law if… it could be understood as a mere reading of bloodless print, and conscience did not control and animate the reader. Consider what religion would consist of if there were no authority, no rules, no cohesive bonds framing the community,” he said. Jean Bethke Elshtain, Laura Spelman Rockefeller Professor of Social and Political Ethics at the University 8 emory lawyer of Chicago, presented the day’s second Currie Lecture, warning against legal moralism as we enter an ever more litigious future. “Law is an ordination of reason for the common good. Law helps to habituate human beings to virtue. But there are limits. Not every sin is a crime and not every sin can or should be punished by civil law,” she said. [For more predictions, see Prophetic Voices, page 10.] The conference also celebrated the cslr’s past achievements. All participants received a commemorative book, When Law and Religion Meet: The Point of Convergence, which captures the Center’s history, evolution, accomplishments, and aims. Founded in 1982 by Emory President Emeritus James T. Laney and Emory Professor of Law Frank S. Alexander, the Center incorporated religion into Emory Law’s curriculum, breaking ground in legal education. “At that time virtually no law school in the country had serious religious scholarship or teaching. Indeed, most law schools were hostile to the study of theology or religion or church state issues. So we were nervous about the success of it,” said Alexander. Laney, who delivered the conference’s opening keynote address, discussed his strong conviction that interdisciplinary education is important to the larger role of a university. “I was very much interested in how the disciplines should speak to each other. I wanted to set them in motion to cross the disciplines and indeed, the professions, in a way that would enable these conversations to take place and new thought to emerge,” he said. “Looking back now, it’s hard to appreciate how truly groundbreaking this step was,” said Laney, noting that thirty similar programs have emerged around the country since the Center began. “All of us are simply astounded at the range of its influence at the University, the nation and the world.” The Center’s goals for the next twenty-five years, says John Witte Jr., Jonas Robitscher Professor of Law and cslr director, include finding healthier ways for law and religion to come together, as well as providing resources for religious communities to understand more deeply their own traditions and to more ably engage with each other in a pluralistic world. “Without law, religion slowly slides into shallow spiritualism. Without religion, law gradually crumbles into empty formalism,” he said. Writers Mary Loftus and Stacey Harwell contributed to this article. winter 2008 9 Prophetic Voices “I am convinced that religious motivation is a necessary factor if we are to transform the growing global moral consensus and the significant beginnings of world law into an effective form of global solidarity and global governance.” Robert N. Bellah, Elliott Professor of Sociology Emeritus, University of California-Berkeley “[There must be] a great respect for the role of religion in our public life, and less derision for its role in our private life.” Stephen L. Carter, William Nelson Cromwell Professor of Law, Yale University “The special treatment of religion in comparison with other subjects is, on balance, usually beneficial to minority religions… the law must often settle for something less than an ideal.” R. Kent Greenawalt, University Professor, Columbia University A variety of conference materials are available, including When Law and Religion Meet: The Point of Convergence commemorative book and poster, DVD sets and webcasts of all lectures, video interviews with scholars, and news coverage. Go to www.law.emory.edu/cslr to access and/or purchase these items. Harold J. Berman Was a Pioneer of Law and Religion University’s first Robert W. Woodruff Professor died November 13th in New York City by Liz Chilla and April L. Bogle E mory University School of Law Professor Harold J. Berman, honored and respected for his scholarship and passion for the law, died in New York City November 13, 2007. He was eighty-nine. Berman, who celebrated his sixtieth anniversary as a law professor, referred to teaching as his “calling.” He served the Emory University community as its first Robert W. Woodruff Professor of Law — the highest honor Emory can bestow upon a faculty member — for more than twenty years. He was James Barr Ames Professor of Law Emeritus of Harvard Law School, where he taught from 1948 to 1985. “Hal’s contributions to Emory and to legal scholarship were impressive and far-reaching,” said Emory Law Dean David F. Partlett. “He was a humble giant in his field.” A prolific scholar, Berman wrote twenty-five books and more than 400 articles on the topics of law and religion, comparative legal history, Russian law and culture, legal philosophy and private international law. His prize-winning book, Law and Revolution: The Formation of the Western Legal Tradition (1983), has been published in German, French, Chinese, Russian, Polish, Spanish, Italian, and Lithuanian. His other writings have appeared in more than twenty languages. 10 emory lawyer James T. Laney, President Emeritus of Emory University who hired him in 1985, called Berman “one of the great polymaths of American legal education.... The critical acuity and catholic influence of his legal thought have earned him a place alongside such twentieth-century legal giants as Roscoe Pound, Karl Llewellyn, and Lon Fuller.” Berman was one of the pioneers of the study of law and religion. He played an integral role in the development of Emory’s Law and Religion Program, now the Center for the Study of Law and Religion, where he served as Senior Fellow. “He was my mentor, but far more important than that, he was one of the few legal scholars in the country willing to write about both law and religion,” said Professor Frank S. Alexander, cslr founding director, who persuaded Berman to join the faculty at Emory Law after being one of his students at Harvard in the early 1970s. Like Alexander, John Witte Jr., Jonas Robitscher Professor of Law and cslr Director, had the privilege of studying under Berman. “Out of the blue in 1982, I wrote to ask him whether I should come to Harvard Law School,” said Witte. “Happily, Hal Berman wrote me a wonderful personal letter and invited me to come study with him and to be his research assistant. That was my start in this field, “Tolerance is a wonderful word, but I prefer the word ‘hospitality,’ to love the stranger. In Hebrew scripture, there is no worse sin than being inhospitable.” “Our great nation’s commitment to principles of equality and our concern for all children require that we undertake the task of renewing marriage in this country.” Martin E. Marty, Fairfax M. Cone Distinguished Service Professor Emeritus, University of Chicago Leah Ward Sears 80L, Chief Justice, Supreme Court of Georgia “The unlawful combatant may be … an evil and dangerous man, but he is also man-created-in-the-image of God, and the status associated with that characterization imposes radical limits on what may be done with him and radical constraints on how lightly we may treat the question of what may be done with him.” Jeremy Waldron, University Professor, New York University and that in many ways is emblematic of the start that Hal Berman has given to so many others in this and other fields of legal study. He has taught more than 10,000 students over the past sixty years, and more than 250 of them are now teaching in law schools around the world.” In recent years, Berman developed a strong interest in world law, particularly in using the power of law to help correct global societal inequities and to establish systems of trust, peace and cooperation. Through his role as founder and co-director of Emory’s World Law Institute, Berman promoted research and international education programs in world law, and sought to facilitate discussion and change in areas such as women’s health in developing countries. One of the world’s most distinguished scholars of Soviet and post-Soviet law, Berman was a Fellow of The Carter Center, with a special focus in U.S.-Russian relations. He visited Russia more than forty times since 1955 as a guest scholar and lecturer on the topic of American law, and he was the founder and co-director of the American Law Center in Moscow, a joint venture of Emory Law and the Ministry of Justice of the Russian Federation. He also took his expertise on Communist and post-Communist law to Eastern Europe and China in recent years, where his writings are well known and widely used. Born in 1918 in Hartford, Conn., Berman received a bachelor’s degree from Dartmouth College in 1938 and his M.A. in history and LL.B. from Yale University in 1942 and 1947, respectively. He also studied at the London School of Economics before being called into military service. He served in the U.S. Army in the European Theatre of Operations from 1942 to 1945 as a cryptographer and received the Bronze Star Medal. In 1991, Berman was awarded the degree of doctor of Laws, honoris causa, by the Catholic University of America; in 1995, the degree of doctor of Humane Letters, honoris causa, by the Virginia Theological Seminary; and in 2000, the degree of doctor, honoris causa, by the Russian Academy of Sciences Law University. He also was a member of the American Academy of Arts and Sciences. He is survived by his wife Ruth Harlow Berman; their four children, Stephen, Jean, Susanna, and John; seven grandchildren; and two great-grandchildren. A public celebration and memorial of Berman’s life and work will be held at Emory University early in the spring semester. The work of Harold J. Berman was celebrated during the Oct. 24 – 26 silver anniversary conference of the Center for the Study of Law and Religion. An interview of him shown during that event is available in video and text on the Emory Law and CSLR websites, www.law.emory.edu and www.law.emory.edu/cslr. winter 2008 11 Perspective Extending Our Reach Emory Law Welcomes Seven New and Visiting Faculty Members Emory Law welcomes seven new and visiting faculty members this year. These new faces further strengthen the school’s national leadership in areas of international law, gender studies, intellectual property, and transactional law. In addition to the full-time positions, former U.S. Navy Lt. Cmdr. Charles Swift joins the faculty as visiting associate professor of law and acting director of the new International Humanitarian Law Clinic. Victoria F. Nourse joins the Emory Law faculty from the University of Wisconsin, where she taught criminal law and constitutional law as the Burrus-Bascom Professor of Law. Professor Nourse specializes in issues of gender and criminal law, particularly c riminal law defenses. Teemu Ruskola, previously a professor of law at American University in Washington, D.C., specializes in Chinese law, law and cultural studies, and legal theory and history. Professor Ruskola joins Emory Law as a permanent faculty member, teaching on the topics of Comparative Law and Chinese Law. Liza Vertinsky, an accomplished intellectual property lawyer, will serve as an assistant professor at Emory Law, teaching courses on intellectual property and licensing. Prior entering the field of academia, Vertinsky worked as associate in the law firm of Wolf, Greenfield and Sacks, focusing her practice on the science and technology industries. 12 emory lawyer Tina L. Stark, a seasoned legal educator, will serve as executive director of our newly established Center for Transactional Law and Practice and Professor in the Practice of Law. Stark, who has been teaching transactional law courses to students and young lawyers for nearly twenty years, will train Emory law students on the business and legal aspects of transactional law. Visiting Faculty Charles D. Swift, a former Navy jag member, will serve as acting director of the new International Humanitarian Law Clinic and as a visiting associate professor, teaching in the areas of International Humanitarian Law, Criminal Law, Evidence, and Military Law. Swift has more than twelve years of litigation experience with the U.S. military, including serving as defense counsel for the well-publicized Hamdan v. Rumsfeld case. Dorothy A. Brown comes to Emory Law from Washington and Lee University School of Law, where she previously served as Director of the Frances Lewis Law Center. At Emory, Brown will serve as a visiting professor for the 2007– 2008 academic year, teaching a course on Federal Income Tax and focusing her research and scholarship on the racial implications of federal tax policy. William B. Turner, who has been with Emory Law since 2004 as a visiting scholar in the Feminism and Legal Theory Project, will serve as a visiting professor for the 2007– 2008 academic year. Turner’s scholarship and research, as well as his course topics, are focused on the racial integration of Emory University and on affirmative action as it relates to sexual orientation discrimination. Timothy L. Hussey – Perspective Summer in China Student Gains International Experience at Chinese Law Firm W hile his peers were making business contacts at law firms in New York, Atlanta, and Washington, D.C., Thomas Foley 08l was practicing his Mandarin in Shanghai. In what could be considered a somewhat nontraditional internship for most American law students, Foley chose to travel to China last summer to gain international legal experience at the law firm of Jun He. “I chose to apply to Jun He because of its work on cutting-edge deals for Fortune 500 clients, and because it offered the opportunity to train with lawyers previously associated with top U.S. and U.K. firms,” said Foley. Jun He has nearly 250 attorneys in seven offices. Foley was one of only three foreigners who had ever worked at the firm’s Shanghai office. This internship was not Foley’s first visit to China. He spent the summer after his first year at Emory Law studying in two of China’s elite universities — Tsinghua and Fudan — and he participated in a yearlong intensive Mandarin training program in Taipei before entering law school. In fact, Foley studied Mandarin for three years prior to his internship in Shanghai, and he took every opportunity to become wellversed in China’s legal system, though he admits that “reading about it and living it are two very different things.” In the Shanghai office, Foley worked alongside six partners, numerous associates, and local interns to immerse himself in the language. “Jun He often drafts documents in Chinese and English, so I was able to see them side by side.” In addition to the linguistic experience, Foley felt he was getting first-rate legal training in joint venture, venture capital, intellectual property, and securities transactions. Overall, Foley was pleased with his decision to work abroad, and hopes the experience will have a positive impact on his career plans. “Getting the first-hand experience of the Chinese legal and business culture was probably the most insightful aspect of the internship,” said Foley. “It was a real once-in-a-lifetime opportunity.” — Liz Chilla winter 2008 13 Perspective Passion Leads to Unexpected Path by Amye Walters T he petite frame of Judge Glenda Hatchett 77l cloaks an amazing mix of compassion, drive and intelligence. “Let’s not forget we owe a debt, and pay that debt forward,” she challenged those attending the first installment of Black Law Student Association’s lecture series. The event was sponsored by Smith Gambrell & Russell and was presented as part of November’s Unity Month at Emory. Returning to Tull Auditorium was an “emotional” experience for Hatchett, whose first memory of the room was during student orientation in fall 1974. In the three decades since her graduation from Emory School of Law, she has served as a top-ranking manager for Delta Air Lines, presided over Fulton County’s Juvenile Court, wrote a best seller and helms her eponymous syndicated television show. “While you’re busy planning, God may have something else for your path,” said Hatchett of the route her career has taken. She “did not plan on being a judge or even a lawyer.” She said, “I came here because future,” Magnus said. “Who better to discuss the need for youth programming than the former chair of the Juvenile Court System?” Hatchett’s first job was with Delta where she was a senior attorney and manager of public relations. She admits her expectation was to retire from the airline after reaching the status of senior vice president and board member. When asked to take over the juvenile courtroom of the late Judge Romae Powell, she “didn’t want to leave” Delta. “I was on the fast track but not on track to meet my passion,” she said. Hatchett was selected from sixty-three applicants and sworn in on Oct. 1, 1990. For her, being on the bench became a difficult and emotionally trying job, but it was where she “was supposed to be.” She found her passion in making a difference in children’s lives, and she urges others to find this as well. “Do something in this life’s journey that lives beyond you,” she said. Hatchett would like to see intergenerational after-school programs open across the country, in both inner-city and suburban landscapes. The centers would involve families, senior citizens and school children, and stay open until 9:00 or 10:00 p.m. According to Hatchett, it is a means for kids to become part of a rewoven community. Family is of utmost importance to Hatchett. In fact, it’s why she resigned from her judgeship: to be at home for her son during his senior year of high school. And she was grateful when Sony Pictures called later that year proposing “Judge Hatchett.” In it, she saw the opportunity to help others in her televised courtroom and pay for the college tuition bills to come. Yet the show isn’t Hatchett’s last stepping stone. She “feels the need to keep growing” and said she “thinks she can do more,” including publishing a new book next fall. Magnus said blsa continues to look for speakers for upcoming lectures. “I hope to continue to bring dynamic speakers to Emory Law,” she said. “We hope that next semester’s event is just as successful.” Hatchett’s parting words of wisdom to the crowd were twofold: “Let there be something in your life that you are passionate about and are willing to pour yourself into, and be open to the possibilities.” “Do something in this life’s journey that lives beyond you.” I didn’t know how to use the political science and history degree I got from Mount Holyoke.” blsa President and third-year law student Sonette Magnus said Hatchett’s past, coupled with current events in Georgia, made the judge the perfect person to be blsa’s first lecturer. “We chose Judge Hatchett because of her reputation and the work she has done for young people. With the hype of the Genarlow Wilson case, blsa had several discussions about what we could do to prevent the Genarlows of the 14 emory lawyer Amye Walters is a freelance writer in Atlanta. This story first ran in the Emory Report. Timothy L. Hussey contributed to this story. Perspective Camille Bent 08L and Courtney Taylor 09L Taking the Lead Taylor and Bent Assume Leadership Roles in BLSA F or Courtney Taylor 09l and Camille Bent 08l, making a difference in the Black Law Student Association (blsa) has been an important part of their law school development. The two students were recently appointed to positions of leadership in the National and Southern Region chapters of the organization. Taylor serves on the 2007 – 2008 Executive Board of blsa as national director of the College Student Division. The College Student Division is the undergraduate component of blsa that assists African American students in making informed decisions about pursuing a legal education. As national director, Taylor oversees all csd collegiate chapters, specifically working to increase membership by encouraging every blsa chapter to charter a program. Through the csd, Taylor also organizes Law Camps, a national program that prepares undergraduate students for law school by pairing them with law student mentors. The fall Law Camps assist prospective students in the law school application process by offering advice on everything from taking the lsat to choosing the right law school. In the spring, mentors focus on issues significant to first-year law students, such as time management, case briefing, and legal writing. As an active member of blsa, Taylor has had the opportunity to establish an extensive network of social and professional contacts. “blsa has served as an excellent conduit for me to meet members of both the Emory Law community and students from other law schools across the country,” Taylor said. Bent, who is pursuing a jd/mba, was appointed editor-in-chief of the Southern Region blsa Law Journal. Promoted from her previous role as executive articles editor, Bent now oversees all editorial, management, and business activities of the journal. Her tenure as editor-in-chief continues through the 2007 – 2008 academic year. “Southern Region blsa Law Journal is still relatively new, so my goal is to bolster its prestige and prominence,” Bent said. In doing so, Bent hopes to establish a permanent faculty advisory board, revamp the journal’s Web site and expand the journal’s outreach program to prospective law students. Emory Law also will serve as the host institution to the SRblsa Law Journal by holding its upcoming orientation program for editors, appointing a faculty adviser and legal writing adviser, and providing general library services to the journal and its staff. Both Taylor and Bent agree their participation in blsa has added to the overall success — and enjoyment — of their law school experience. “The organization has supplemented my legal education in the most rewarding way. It has provided me with lifelong supportive friends… and I can confidently say that I am a stronger oral advocate and legal writer,” Bent said. — Liz Chilla winter 2008 15 Alumni Reunion 2007 Class of 1982 (left to right): Hosts Russell Waldon 82L and Nicolette Templar Waldon 81L with Roberta Nedry Platner and Michael Platner 82L. Class of 1977 Reunion Party hosted by Susan Saparow 77L and Herschel Saparow. Class of 2002 Reunion Party hosted by Professor Richard Freer and Louise Freer. Class of 1997 Reunion Party hosted by Professor Richard Freer and Louise Freer. Class of 1967 Reunion Party hosted by William Zachary 67L and Connie Zachary. 16 emory lawyer More than 150 alumni, family, and friends joined Emory law faculty, students, and staff for a reunion cookout on the Gambrell Hall Beach. Mark your calendar for the 2008 Emory Law Alumni Reunion Weekend Saturday, September 27, 2008. If you are interested in volunteering for your class reunion committee, contact Ethan Rosenzweig at 404.727.6857 or email email@example.com. winter 2008 17 Emory Law Honors 2007 Distinguished Alumni by Liz Chilla Emory Law honored the 2007 recipients of its Distinguished Alumni Awards: the Honorable Gwendolyn Keyes Fleming 93l, Harry V. Lamon Jr. 58l, and John C. Staton Jr. 63l, during a September 28, 2007, ceremony in Gambrell Hall. The Emory Law Distinguished Alumni Award was established in 1985 to recognize outstanding alumni who have achieved distinction in legal practice, teaching, research or public administration and who have demonstrated distinguished service to Emory Law, the Law School Alumni Association or the University. Nominations are accepted throughout the year from Emory Law alumni and members of the community. The Executive Committee of the Emory Law Alumni Association selects the recipients. “We are proud to honor these three distinguished alumni of Emory Law for their commitment to the legal community and their dedication and service to the school,” said Dean David F. Partlett. “They have set a high standard for our future graduates.” 18 emory lawyer Gwendolyn Keyes Fleming serves as the first AfricanAmerican and first female district attorney in DeKalb County. Keyes Fleming previously served as the youngest elected solicitor-general of DeKalb County, also as the first African American and first female in this position. During her tenure as solicitor-general, Keyes Fleming led two projects focused on the issues of driving under the influence and domestic violence, crimes which represent the highest percentage of cases within the solicitor’s office. Keyes Fleming is a past president of the DeKalb Lawyers Association, and has been appointed to the Georgia Supreme Court’s Commission on Access and Fairness in the Courts. She is the recipient of several awards for her service to the community, including the 2001 Chief Justice Robert Benham Community Service Award from the Supreme Court of Georgia, the “You are the Key Award” in 2003 from the DeKalb Rotary Club, and the 2007 Mary McLeod Bethune Award from the National Council of Negro Women. Keyes Fleming also has been named as one of Ebony magazine’s “21 Women to Watch for the 21st Century” and was recognized by Georgia Trend magazine as one of the “Top 40 Under 40.” A native of New Jersey, Keyes Fleming attended Emory Law after completing her undergraduate degree from Douglass College, the all-women’s college of Rutgers University. While at Emory, Keyes Fleming served as director of the Moot Court Society, vice president of the Black Law Students Association, and was active in the Lamar Chapter of the American Inns of Court. Keyes Fleming is a former president of the Emory Law Alumni Board and has served as an adjunct faculty member at the school. She also was a member of the Emory University Board of Visitors and the blsa Advisory Board. Keyes Fleming is one of Emory Law’s youngest Distinguished Alumni Award recipients. Harry V. Lamon Jr., an accomplished attorney specializing in employee benefits and tax law, has made substantial contributions to the legal community during his forty-year career. He was an active participant in the development of the Employee Retirement Income Security Act, and in 1975, was appointed by President Ford to serve on the Advisory Council of Employee Welfare and Pension Benefits Plans of the U.S. Department of Labor. Lamon co-wrote The Complete Professional Corporation Desk Book in 1982, summarizing his years of practice in the area of professional corporations, from drafting the Georgia Professional Corporation Act in 1961 to bringing Holder v. United States to the U.S. Supreme Court. He also was a founder of the Southern Employee Benefits Conference and the Southern Federal Tax Institute, Inc. Lamon is a Fellow of the American College of Tax Counsel, the American College of Employee Benefits Counsel and the American College of Trust and Estate Counsel. He is a life member of both the American Law Institute and the American Bar Foundation, and is a past president of the American Bar Retirement Association. Lamon also is a life member of the Metro Atlanta Salvation Army Advisory Board, a charter member of the National Salvation Army Board, and the recipient of the Salvation Army’s prestigious “Others Award” for outstanding community service. Lamon completed his undergraduate degree at Davidson College and served in the U.S. Army for two years before attending Emory Law. He served as president of the Emory Law School Alumni Association in 1967 and was an adjunct professor at Emory Law for twenty years, concentrating on business and tax law courses. John C. Staton Jr. enjoyed a long and prestigious legal career at King & Spalding, having retired from the firm in 2000 after more than thirty-seven years of service. As founder of the firm’s Intellectual Property Practice Group, Staton’s practice encompassed a variety of patent, trademark, copyright, and antitrust matters. In 1999, Staton was named one of the “Best Lawyers in America.” Staton’s service to the community includes serving as a member of the American Arbitration Association’s Advisory Committee, a trustee at the Atlanta Historical Society, an advisory committee member for the Boy Scouts of America, a director of the Georgia Biomedical Partnership, and a member of the Commission on Colleges for the Southern Association of Colleges and Schools. Following his time at Emory Law, Staton clerked for the Honorable Griffin B. Bell of the Fifth Circuit Court of Appeals. Staton received his undergraduate degree from the Georgia Institute of Technology, and was president of the Georgia Tech Alumni Association and chairman of the Board of the Georgia Tech Foundation. A loyal alumnus to Emory Law, Staton has served on the Law School Council for more than a decade and is a member of Emory Law’s prestigious Barrister’s Club, as well as a former member of the Emory Law School Campaign Steering Committee. The recipients’ photos and biographies were added to the Emory University School of Law Hall of Distinguished Alumni in Gambrell Hall during the awards ceremony. winter 2008 19 Building Legal Conscience by Timothy L. Hussey this was a wonderful opportunity for me to see what the other side of ‘offense’ was like.” “The experience was eye-opening,” he said. Rock On My internship is going well. I’m at the National Wildlife Federation saving endangered species. I work at its D.C. office. We went to see the headquarters building outside of D.C. for a tour. The front entrance has a water feature, and we spent a few hours cleaning the pond, pulling unwanted cattails and scum. My law degree in action… — Linus Chen 08L T wenty-six Emory Law students had the opportunity to pursue their interest in public service last summer as part of the Emory Public Interest Committee Summer Grant Program. For students like Linus Chen, the internship allowed him to conduct research, draft memos, complaints, notifications to the court and standing declarations. But it also gave him an opportunity to gain real-world experience in a position that made a difference. “My internship was an invaluable opportunity for me to experience an advocacy organization, and to observe how this organization’s administration and management worked to further the goals of the organizations, and to work with other environmental organizations to affect political change,” Chen said. Working with the National Wildlife Federation showed Chen a different side of the federal government. “Having worked on the ‘defense end’ for the federal government previously, as both a staff member for an agency and a summer law clerk at the Department of Justice, 20 emory lawyer For Jared Welsh 09l, the epic summer grant program allowed him to combine his love of music with law by working with Georgia Lawyers for the Arts in Atlanta. “I’m a musician,” Welsh said, “and I also have a background in film. I learned about gla through my lawyer/musician friends. I’m interested in public interest work, Intellectual Property law generally, and entertainment law in particular, so gla was a perfect fit for me. I couldn’t imagine a better place to put my various skills and interests to use.” Welsh’s experience at gla ran the gamut and included the opportunity to work on motions and briefs to be filed in court. “We were deeply involved in real-world cases everyday,” he said. “The work was meaningful and the people were interesting and committed. The opportunities to have a real effect on people’s lives were many.” Welsh remembered one woman he worked with during his first week at gla. She had learned that someone was selling dvd copies of her films on a Web site without her permission, and she couldn’t afford adequate legal counsel to stop these sales. Welsh told her that gla had found a lawyer to help with her case. “Within days,” Welsh said, “she had a cease-and-desist letter that stopped the infringement of her rights, and at no cost to her. I can think of few places where law students have the chance to work so closely with lawyers and clients to serve part of the community that receives so few specialized services.” work in the area of civil rights after graduation with a focus on marriage equality and parenting rights for lgbt and hiv-positive individuals. Lambda’s work could not be more in line with my legal and career interests.” The Fight for More Civil Rights For Anna Kurien 08l, the journey to Emory Law spanned nearly 9,000 miles. More than five years ago, she left her home and her family in Kerala, India, and traveled to the United States to pursue her dream of studying law. She was the first person in her family to leave the country and the first to attend college in the U.S. This summer, she spent her second year as an associate with the DeKalb County Public Defender’s Office, representing clients who do not have adequate resources for legal counsel. “I enjoyed the opportunity to represent clients who may not be able to afford a good defense attorney,” Kurien said. “My internship was instrumental in strengthening my growing interest in criminal defense work. I gained an appreciation for the role that public defenders play, and I am strongly considering it as a career option.” Kurien gained a great deal of experience during her internship. “At the murder trial where I second-chaired the lead attorney,” she said, “I handled voire dire, selected the jury, cross-examined a police officer, and conducted a direct examination of a character witness. All of these involved extensive preparation, and it was a thrill to be able to participate so fully in a major felony trial. “I hope Emory continues to increase funding for students interested in work in the public sector through the epic and Loan Repayment Assistance Programs,” Kurien said. When Dan Nugent 09l decided to pursue his epic Summer Grant with the Southern Regional Office of Lambda Legal, he already knew he wanted to focus his legal work on advocating for equality and civil rights for lgbt individuals and people living with hiv/aids. “Before matriculating at Emory,” Nugent said, “I volunteered with a needle exchange program and an aids hospice in New York. Both organizations cited Lambda Legal for winning the first hiv discrimination lawsuit in the nation. After some digging, I realized how many landmark cases Lambda has successfully litigated and knew I’d like to become involved.” Nugent was the 2007 recipient of the Robin Nash Memorial Grant, which honors Judge Robin Nash, who served as director of Emory’s Barton Child Law and Policy Clinic until his death in 2007. “I knew Judge Nash from the Emory Public Interest Dinner Series,” Nugent said. “He was an incredibly supportive and encouraging figure for many of us first-year students still acclimating to law school.” While at Lambda Legal, Nugent had the opportunity to work on an assignment focused on the intersection of hiv and the transgender community, exploring the overlapping legal challenges faced by the two groups and how the shared concept of stigma impacts both communities. “Lambda’s work ultimately benefits everyone because it helps fashion a society that’s truly diverse and tolerant,” Nugent said. “I hope to Courage to Be First To learn more about epic, visit www.law.emory.edu/epic. winter 2008 21 The Real Deal: Drafting a Plan for Emoryâ€™s Center for Transactional Law and Practice by Liz Chilla 22 emory lawyer T ina Stark understands that today’s lawyer needs sophisticated transactional skills and business savvy. As executive director of Emory Law’s Center for Transactional Law and Practice, Stark is creating a curriculum to give our students just what they need — and just what firms want. “Right now, firms are spending huge amounts of money teaching junior associates basic transactional skills, and that process can take up to two years,” Stark said. “If Emory graduates have these skills upfront, they are going to be much more marketable.” The newly established Center, which Stark refers to as “the public face of Emory’s commitment to transactional law,” will dramatically change how students learn to become transactional lawyers. And Stark, who joined the faculty in August 2007 as a professor in the practice of law, is the perfect person to lead the charge. She has taught transactional skills to lawyers and law students for more than fifteen years and also was a corporate partner at a major New York City law firm. Stark said Emory Law does an outstanding job teaching students substantive law. Students in Emory’s Transactional Law Certificate Program obtain a first-rate doctrinal foundation through courses in accounting, corporate finance, securities, and tax law. What is missing from that curriculum, said Stark, is training in transactional skills and business. “Students need to learn how to think like deal lawyers, not just litigators.” Other law schools have recognized the need to change their curricula to incorporate these transactional skills. “Indeed,” said Stark, “law schools are now at a ‘tipping point’ where more and more are recognizing that students need to learn how to think like deal lawyers, not just litigators.” According to Stark, some schools have begun to teach skills courses, while others are focusing on the intersection between business and law. “What I want for Emory is to create an integrated transactional law curriculum that focuses on both of these topics,” said Stark. A Vision for Success The integrated curriculum is a key part of Stark’s vision for the Center. Students will develop their transactional skills through a step-by-step curriculum, where new skills build on skills previously learned. The first course in the series will be contract drafting — what Stark refers to as “the foundation course” for all transactional skills. “The drafting course will be more than a good writing course — teaching students how to draft clearly and unambiguously,” said Stark. “Instead, it will focus on how to memorialize the business deal using the different contract concepts. It will emphasize how the law, the business deal, and the contract are integrally related.” After the drafting course, students will begin learning other fundamental deal skills, including how to perform due diligence, draft opinions, and negotiate. Once the students have gained a broad foundation in drafting and deal skills, they will be able to enroll in “capstone courses.” These courses will focus on a simulated business transaction that allows students to hone the transactional skills previously learned throughout the program. Stark noted most students come to law school without a comprehensive understanding of business, and they often graduate the same way. “They will have taken the securities reg course,” Stark said, “but they still will not know how securities are bought and sold.” Stark’s view is that understanding the law is not enough. Students also need to understand the business context in which deals take place. To remedy this general lack of business knowledge, Stark will expand the transactional law curriculum by creating a course to teach students essential business concepts. In addition, Emory Law will encourage each student in the transactional law program to read the Wall Street Journal. Stark said “We’d like to make the Wall Street Journal part of their everyday reading so they become sophisticated in business, as well as in the law.” To develop and teach these courses, Stark will work with the Emory faculty and with adjunct faculty who she hopes to recruit from the local legal and business communities. “We want to form a partnership with Atlanta law firms and businesses to bring their expertise to our students,” said Stark. “The students can benefit in learning from those who are actually doing cutting-edge deals.” Stark said that teaching materials for most new courses will not be commercially available, and because of this, one of her jobs will be to work with the adjunct faculty to create “learn-by-doing” materials. “Instead of the lawyers just lecturing about what they know, we want to develop courses where the students can gain some firsthand experience,” said Stark. Sharing Our Knowledge Another important mission of the Center is to provide a forum through which law school faculty can exchange ideas on the teaching of transactional skills. As a first step in fulfilling this mission, the Center will host its inaugural conference — “Teaching Drafting and Transactional Skills: The Basics and Beyond” — May 30 – 31, 2008. Stark hopes that through this conference, Emory Law can showcase its teaching methods, further positioning it as a leader in transactional skills training. Most importantly, Stark’s vision for the Center is to prepare students for a bright future in the legal profession. “We want to give our students skills they can use on day one, and a strong foundation on which to build their knowledge as they continue in their practices.” winter 2008 23 A Career of Service For former U.S. Navy Lt. Cmdr. Charles Swift, leaving the military allowed him to choose a different path of service by Shalini Ramachandran 11C D efending the Rule of Law can sometimes exact a heavy price. For former U.S. Navy Lt. Commander Charles Swift, that sacrifice helped forge new paths. This fall, Swift was named Visiting Associate Professor of Law and Acting Director of Emory Law’s new International Humanitarian Law Clinic. Swift first entered the spotlight defending Salim Ahmed Hamdan, a Guantánamo Bay detainee and Osama bin Laden’s former driver, before the U.S. Supreme Court. In Hamdan v. Rumsfeld, the Court decided that military commissions in force at the time violated the Geneva Conventions and the Uniform Code of Military Justice. In representing Hamdan, Swift’s defense of the Rule of Law pitted him against the president, his commander-in-chief, and led to his being passed over for promotion in the military. Swift retired from service in Summer 2007. In spite of the obstacles faced, Swift remains passionate about international humanitarian law. “What international humanitarian law does ultimately is break down our differences,” Swift said. “I look at international humanitarian law as an absolute key to U.S. success.” Swift was born in Franklin, N.C., and graduated from the U.S. Naval Academy in 1984 before attending Seattle University Law School. After graduating cum laude from law school, Swift joined the Judge Advocate General’s Corps so he could practice law while remaining a uniformed officer of the U.S. Navy. Named Junior Officer of the Year in 1997 at Naval Legal Service Northwest, Swift went on to represent more than 150 service members in military justice proceedings. In 2006, the National Law Journal named him one of the “100 Most Influential Lawyers in America.” 24 emory lawyer As acting director of the new International Humanitarian Law Clinic, Swift stressed today’s students have tremendous opportunities to make a difference. “One of the values of Emory is the extraordinarily diverse experiences we have in the law student body: we have people who’ve worked in Africa, we have people who speak Arabic — people who are rather extraordinary at this time, foregoing a great deal of money — simply because they want to make a difference. And the Clinic gives them opportunities to do that.” As of now, the Clinic is focused on bringing justice to Guantánamo Bay detainees. The idea for the Clinic grew from the work of six students with the Atlanta office of Sutherland Asbill & Brennan. The students worked with detainees as part of a class with I.T. Cohen Professor of International Law and Human Rights Johan Van der Vyver. Students wrote letters recounting news to detainees and helped construct demands to eliminate torture of detainees based on their religious beliefs. The ihlc provides a place for Emory law students to work with faculty and other lawyers while gaining practical experience. “Part of the clinical experience is to work with a trained lawyer,” Swift said. “Law school is about learning how to learn the law; but it also is learning how to think and act like a lawyer. That’s why clinical practice is, in my view, so critical.” Two third-year law students, Lara Aryani and “The law of war is not about planning for a utopia but for a worst-case scenario.” and the media about lapses in justice occurring around the world and the ways international humanitarian law can alleviate such crises. “The law of war is not about planning for a utopia but for a worst-case scenario,” Swift said. “There’s a real need, as the law of war develops, to provide academic critiques and education to the general public on what things mean and what’s happening.” Swift plans to have students travel to Carlissa Carson, are working on the Hamdan commission case with Swift and will accompany him to Guantánamo Bay for a hearing in December. “He [Swift] is inviting us to participate in a way that few people have the opportunity to do,” said Aryani. “We’re not just going to be taking notes; we’re helping him develop trial strategy, and we’re participating in the defense of his client. That’s an amazing opportunity.” Aryani, who worked with Sutherland Asbill & Brennan last year, translated detainees’ letters as part of her course work. Carson, who just finished a research project on the manner in which courts should construe the terms “unlawful enemy combatant,” said that the practical experience she has gained from working closely with Swift is invaluable. Both Carson and Swift said one of the main purposes of the Clinic will be to spread awareness throughout the public stable countries like Liberia or Kenya situated among areas of high war crime to train officials in the practices of humanitarian law. In addition, students may help draft manuals of international humanitarian law and collaborate with leaders to institute workable systems within the country’s established legal context. Swift’s vision for the Clinic five years from now is that of a center with an interdisciplinary scope, collaborating with some of Emory’s other resources, such as the Center for Women, the Carter Center, and the Center for the Study of Law and Religion. “We are now in the global world,” Swift said. “Our students understand this far better than most people in the United States. Our students have this reality. They live in a global world, and that’s one of the powers that we can harness — their understanding of the global law. They are better prepared for this than any group I could find. And that’s really what’s exciting about Emory.” Shalini Ramachandran 11C is a first-year student at Emory College. She writes for the student newspaper, Emory Wheel. winter 2007 25 Class Notes A Letter from the Director of Alumni Relations Dear Fellow Alumni: What an exciting time to be a part of the Emory Law community. In August, more than 200 first-year students invaded Gambrell Hall with anticipation (and a little nervousness) as they embarked on a three-year journey shared by nearly 9,000 other law alumni throughout the world. Last summer, Emory welcomed its tenth dean of the school, David Partlett. As you already may be aware, Dean Partlett has set high expectations for moving Emory Law forward. His commitment to enhanced students services, increased scholarships, faculty growth, and alumni outreach has energized the corridors of Gambrell Hall and MacMillian Law Library. It is this new energy that influenced my decision to leave a Charleston, South Carolina, courtroom more than a year ago to join Emory Law’s Development and Alumni Relations team. I am honored to serve my fellow alumni as the director of alumni relations and am committed to doing all that I can to support the efforts that will solidify our school’s reputation as an elite institution. Along with the continuing education seminars, cocktail receptions, panel discussions, reunions, networking hours, and other events with which our office traditionally has been connected, I will be traveling throughout the country to reconnect with as many of you as possible. Dean Partlett has challenged our office to provide alumni services unmatched by our peer institutions, and we are prepared to exceed expectations. In this spirit, please do not hesitate to contact me with inspirations, ideas you have seen implemented at other schools, or even suggestions regarding something we can do better. I learned plenty after receiving a good scolding by judges when my objections weren’t properly received in the courtroom; know, then, that feedback from fellow alumni will not fall on deaf ears. Thank you for the numerous letters, calls, email messages, and visits that have welcomed me back to Emory over the last year. My commitment to our community is steadfast, and I am inspired by a common thread underlying the wonderful visits with alumni I have had in my first year: our profession is premised on service to others. Using our gifts perpetuates the Emory legacy of producing outstanding lawyers who are prepared for more than practice — they are prepared to make an impact on the world. Keep in touch. Sincerely yours, Ethan Rosenzweig 02l Director of Alumni Relations firstname.lastname@example.org 26 emory lawyer 60s Henry S. Rogers 63C 66L joined Powell Goldstein LLP in Atlanta as senior title attorney in the firm’s commercial real estate practice. Rogers also was named Title Person of the Year by Dixie Land Association. John G. Creech 66C 68L was elected to a sixth term as general counsel for the South Carolina Chamber of Commerce. Alfred B. Adams 66C 69L was appointed to serve as executive partner in the Atlanta office of Holland & Knight LLP. 70s William H. Needle 70L was named a Super Lawyer for 2007 by Georgia Super Lawyers magazine. Needle is the founder of Needle & Rosenberg PC. Terry Walsh 70L was presented with the John Minor Wisdom Public Service and Professionalism Award at the American Bar Association’s Litigation Section Annual Conference. Eric Holzapfel 71L was named partner at Drew & Ward Co. LPA. Robert C. Dillon 65B 72L joined Clyde Snow Sessions & Swenson in the firm’s Park City, Utah, office. Bob Keller 72L was appointed to the State Board of Pardons and Paroles and will serve until Dec. 31, 2013. Thomas Gilliland 73L was nominated by President Bush to serve on the Board of Directors of the Tennessee Valley Authority. Gilliland is the first Georgian to be nominated to serve on the TVA board. Glenn Lawrence 73L was named administrator of the Marion County court system in Indianapolis, Ind. Gerald W. Woods 73L was selected to serve a threeyear term as treasurer of the National Association of College and University Attorneys. James Kelley 75L was selected for the Best of the Bar by the Nashville Business Journal. Michael Yopp 75L was selected for the Best of the Bar by the Nashville Business Journal. Oscar “Bo” Carr III 76L was named a Fellow of the Litigation Counsel of America, an honorary society comprised of experienced litigators throughout the United States. Carr is a lawyer with Glankler Brown PLLC in Memphis, Tenn. Cynthia L. Cooper 76L cowrote The Impeachment of George W. Bush with Elizabeth Holtzman. Roxanne E. Jayne 76L joined Sterns & Weinroth PC in Trenton, N.J., as a director in the firm’s real estate and transactional practice group. Andrea Paretts Ascher 77L joined Proskauer Rose LLP as a partner in the firm’s New York office. Richard P. Dobb 77L was appointed to vice president and general counsel for Internap Network Services Corp. Clark W. Furlow 77L joined Stetson University College of Law as an associate professor of law and was appointed to serve as associate dean of Stetson University’s Tampa Law Center. Thomas R. McNeill 77L was appointed to the Committee on Corporate Laws of the Business Law Section of the American Bar Association. McNeill chairs the business and finance practice group and logistics practice at Powell Goldstein LLP in Atlanta. Class Notes Kenneth L. Shigley 77L was elected to serve on the State Bar of Georgia Executive Committee. Richard A. Kaye 83L was named chair of the Atlanta Bar Association International Law Section. Catharina D. Haynes 86L was nominated to the U.S. Court of Appeals for the Fifth Circuit. David L. Ladov 78L served as co-chair of the Pennsylvania Bar Association’s Annual Meeting in Philadelphia. Ladov is co-chair of the Family Law Practice Group at the West Conshohocken, Pa., office of Cozen O’Connor. Meghan H. Magruder 80C 83L was a contributing author in Understanding Insurance Regulations & Coverage, a book on insurance law. Magruder is a senior partner in the Atlanta office of King & Spalding LLP. Teri Plummer McClure 88L was promoted to senior vice president of legal, compliance and public affairs, general counsel, and corporate secretary at UPS. She also will oversee the company’s corporate compliance function and join the UPS Management Committee. McClure also was named to the Equal Justice Works Board of Directors. Lawrence K. Nodine 75C 78L was named a Super Lawyer for 2007 by Georgia Super Lawyers magazine. Nodine is the managing shareholder of Needle & Rosenberg PC and leads the firm’s litigation practice. Margaret Gettle Washburn 79L was honored by the City of Duluth for twenty years of service as the chief municipal judge. 80s Ira H. Parker 81L was named executive vice president and general counsel of AOL. Mary F. Radford 81L joined the faculty at Phoenix School of Law as a visiting professor. Bruce S. Sostek 81L was elected to serve on the Management Committee of Thompson & Knight LLP for 2007. Sostek serves as practice leader of the firm’s intellectual property practice group in the Dallas, Texas, office. Rowan Leathers 82L joined the Nashville, Tenn., office of Miller & Martin PLLC. Clifford L. Lovette 82L was recognized as one of the Atlanta’s top entertainment attorneys by The Sunday Paper. Howard R. Osofsky 82L was elected to the Board of Directors of Tom Key’s Theatrical Outfit in Atlanta. Elliott Alan Shoenthal 83L was appointed to judge of the Juvenile Court of DeKalb County. Wendie C. Stabler 83L was elected chair of the Board of Directors of the New Castle County Chamber of Commerce in Delaware. Glenn P. Hendrix 85L was appointed as managing partner of Arnall Golden Gregory LLP. Jeffrey H. Brickman 89L was named a Super Lawyer for 2007 by Georgia Super Lawyers magazine. Brickman practices intellectual property litigation and criminal defense at Needle & Rosenberg PC. Susan W. Housen 85L was named practice group leader for the Atlanta litigation group of Holland & Knight LLP. Stuart M. Lederman 85L was appointed to the Pipeline Diversity Task Force of the New Jersey State Bar Association. Lederman is a partner at Riker Danzig Scherer Hyland & Perretti LLP in Morristown, N.J. Frederick Tanne 85L was named to the Board of Directors of the American Society for the Prevention of Cruelty to Animals. Kimberly Ann Bunting 86B 86L joined Duane Morris LLP as a partner in the firm’s Atlanta office. Candace Fowler 86L was elected to serve on the Executive Committee of Kilpatrick Stockton LLP. Fowler is a partner with the firm and practices in the area of commercial real estate. 90s Lori G. Cohen 90L was named one of the 50 Most Influential Women Lawyers in America by The National Law Journal. Cohen is co-chair of the Greenberg Traurig’s Atlanta litigation group and chairs the firm’s pharmaceutical and medical devices litigation groups. Bernice King 90L was the keynote speaker for North Carolina Central University’s annual Martin Luther King Day Celebration. King is the youngest daughter of the late Rev. Martin Luther King Jr. Alan F. Rothschild Jr. 91L was elected vice-chair of the Trust and Estate Division of the American Bar Association’s Section of Real Property, Trust, and Estate Law. Rothschild is a partner with Hatcher, Stubbs, Land, Hollis & Rothschild. J. Phillip London Jr. 94L was hired by Comstock Asset Management LC to manage legal affairs for its real estate development and management firm in Reston, Va. John M. Neclerio 94B 94L was appointed as partner at Duane Morris LLP. David Alan Sherman 94L was honored as Prosecutor of the Year by the Miami-Dade County Association of Chiefs of Police. Sherman is an assistant state attorney in the cybercrime unit of the State Attorney’s Office in Miami, Fla. Jeffery G. Hamilton 95L was named a Rising Star for 2007 by Texas Super Lawyers magazine. Hamilton is a partner in the litigation and bankruptcy sections of the Dallas, Texas, office of Jackson Walker LLP. Kalee Vargo 95L was named partner at the Atlanta office of Powell Goldstein LLP. Reta J. Lewis 89L joined the Washington, D.C., office of Edwards Angell Palmer & Dodge as counsel. Dan Ashburn 93L was named counsel at the Atlanta office of Powell Goldstein LLP. Lara Garrett CullinaneSmith 96L accepted a position as a real estate broker with Pacific Union in San Francisco, Calif. Sherry D. Olson 89L completed a 2,793-mile bike ride in forty-six days along the Great Divide Mountain Bike Trail in summer 2007. Daniel McGrayne Conaway 93L and Meg E. Strickler 97L celebrated the birth a daughter, Hannah Ashley, on July 14, 2006. Pia D. Flanagan 96L was elected a tax/compensation partner in the New York office of Baker & McKenzie. David Whelpley 89L was elected to serve on the Executive Committee of Kilpatrick Stockton LLP. Whelpley is a partner in the firm’s Charlotte, N.C., office and practices in the areas of mergers and acquisitions, joint ventures, corporate finance, and commercial transactions. Amit K. Sachdev 93L was named senior vice president of public policy and government affairs at Vertex Pharmaceuticals. Clarence Brown 94L joined Contran Corp. as associate general counsel. Gregory Lawrence Doody 94L was appointed as executive vice president, general counsel, and secretary of Calpine Corp. Brent Hill 94L was selected for the Best of the Bar by the Nashville Business Journal. John K. Halvey 86B 86L published the second edition of his book, Business Process Outsourcing: Process, Strategies and Contracts. Peter Ladig 96L was elected as director with The Bayard Firm in Wilmington, Del. Elliot Stanton Berke 97L joined Barbour Griffith & Rogers LLC as general counsel and was named of counsel to McGahn & Associates PLLC. winter 2008 27 Class Notes Erin C.V. Bailey 06L and Matthew K.V. Bailey welcomed the birth of Lee Vocke on Feb. 21, 2007. Daniel Rosenberg 01L was promoted to assistant general counsel and vice president of Behringer Harvard, a Dallas, Texas-based real estate investment company. Carlos A. Kelly 97L published an article on eminent domain in the October 2006 issue of The Florida Bar Journal. He also was appointed to serve on The Florida Bar’s Eminent Domain Committee for the 2008 term. Kelly is a stockholder at Henderson Franklin in Fort Myers, Fla. David S. Weidenbaum 97L and Samantha Brooks Weidenbaum 95L celebrated the birth of a daughter, Jess Paige, on Nov. 7, 2006. Mariette “Jet” Stigter 99L joined Fisher & Phillips LLP as an associate in the firm’s Atlanta office. 00s Christopher L. Barnett 00L was promoted to shareholder of Florida law firm Stearns Weaver Miller Weissler Alhadeff & Sitterson. Jeremy G. Alpert 98L was named a partner with the law firm of Glanker Brown PLLC. Marc P. Goncher 97C 00L and Brynne R. Goncher 02L 02PH welcomed the birth of a son, Harrison Lewis, on Sept. 11, 2006. Amy Heffernan Bray 98L was named a Rising Star for 2007 by Georgia Super Lawyers magazine. David E. Huizenga 00L was named a shareholder at Atlanta law firm Needle & Rosenberg PC. Gary R. Sheehan Jr. 98L joined the Atlanta office of Kilpatrick Stockton LLP in the firm’s environmental team in the litigation department. Thad C. Kodish 00L joined Fish & Richardson PC as a principal in the firm’s Atlanta office. James W. Versocki 98L was named senior associate at Lankler & Carragher LLP in New York. Rachel Lisa Berger 99B 99L and David Berger welcomed the birth of a daughter, Sadie Chava, on Sept. 5, 2007. Laura Speed-Dalton 96C 99L and John Dalton 95C 99M 04MR welcomed the birth of a daughter, Alexis, on Sept. 9, 2006. J. Christopher Miller 00L opened Robinson & Miller PC with Debra A. Robinson. Joel Nichols 00L joined the faculty of the University of St. Thomas School of Law as an associate professor of law. Kazuma Sonoda Jr. 00L and Anna Galloway were married Sept. 14, 2006. Sonoda also joined Atlanta’s Keegan Federal and Associates as an associate in 2007. Ashley V. Brewer 01L was named an associate at the Orlando, Fla., office of Baker & Hostetler LLP. Chrystal N. DeHart 01L joined Blanco Tackabery Combs & Matamoros PA. Stuart M. Mones 01L and Kathleen E. Mones 01L celebrated the birth of a son, Parker Matthew, on May 7, 2007. 28 emory lawyer Youshea Anika Berry 02L received the Alex Fee Memorial Award from the Maryland State Bar Association and the Pro Bono Resource Center of Maryland. Philip H. Burrus 02B 02L opened the law firm of Burrus Intellectual Property Group LLC. Felicia N. Faison-Holmes 02B 02L and George R. Holmes Jr. welcomed the birth of a daughter, Chloe Elizabeth, on Feb. 5, 2007. Eric R. Sender 02L and Jennifer Pritzker Sender 99C 02L 02PH welcomed the birth of a son, Gavin Michael, on Nov. 1, 2006. Eric practices municipal finance law with Kutak Rock LLP, and Jennifer practices healthcare law with Smith Moore LLP. Carly A. Cappello 03L joined Fisher & Phillips LLP as an associate in the firm’s Fort Lauderdale, Fla., office. Leslie Miller Greenspan 03L was named a Rising Star for 2006 by Pennsylvania Super Lawyers magazine. Greenspan is an associate in Stradley Ronon Stevens & Young’s litigation practice group. Tyler Brody 04L joined Blank Rome LLP as an associate in the firm’s Philadelphia, Pa., office. Sarah Catherine Cipperly 04L was named director of the Cobb Justice Foundation, the pro bono program of Legal Aid of Cobb County. Cary M. Greene 04L and Elizabeth Levine were married June 3, 2007. Greene practices in the Washington, D.C., office of McDermott Will & Emery LLP. Adam D. Roberts 01C 04L published his first book, The Amateur Gourmet. Thomas S. Cargill 05L was named one of Jezebel magazine’s Most Eligible Bachelors in Atlanta for 2007. Neal S. Cohen 03L and Briana J. Maley celebrated the birth of Ezra Miles on Feb. 26, 2007. Lindsay A. Couch 03L was promoted to director of strategic accounts at Orlando, Fla.-based Wave Software. James F. McDonough 07L was the 2007 recipient of the Judge John R. Brown Award for Excellence in Legal Writing for his article, “The Myth of the Patent Troll: An Alternative View of the Function of Patient Deals in an Idea Economy.” McDonough’s article also earned him the 2007 Burton Award for Legal Achievement. Brian M. Herman 05L was awarded the 2007 Burton Award for Legal Writing for his article, “Managing the Risk of Employee Blogging,” which was published by Risk Management magazine. Herman is an associate with Fisher & Phillips LLP in Atlanta. Glenn A. Kirbo Jr. 02B 05L and Taryn Murphy 05L were married Oct. 7, 2006. Matthew R. Simpson 07L joined Fisher & Phillips LLP as an associate in the firm’s Atlanta office. In Memoriam 60s Emory Law mourns the passing of the following alumni, whose deaths were reported to the school since the date of our last alumni publication. 30s Charles Hoffman 31L of Mobile, Ala., on August 10, 2006. John “Jack” Flynt Jr. 39L of Griffin died June 24, 2007. He was 92 years old. Flynt was a 12-term congressman who defeated political newcomer Newt Gingrich twice before his retirement from the U.S. House of Representatives in 1979. Flynt was a member of the House Appropriations Committee and chairman of the House Ethics Committee. Flynt served in the U.S. Army during World War II and received the Bronze Star medal in 1944. Following his term in Congress, Flynt practiced law in Griffin and become director of the Bank of Spalding County. The Georgia Department of Transportation named a 17-mile section of Highway 16 from Griffin to Senoia after him. Flynt also served as president of the Georgia Bar Association and was an active member of the National Rifle Association. 40s William T. Watkins, Jr. 38B 41L of Fort Myers, Fla., on March 16, 2007. Ogden Doremus 46C 49L of Atlanta died April 4, 2007. He was an Atlanta native, World War II veteran, and prominent environmental lawyer. He was 85 years old. Doremus used his knowledge, passion and legal background to push for stricter environmental protection legislation in the state of Georgia. His most celebrated achievement was his involvement in the 1970 Coastal Marshlands Protection Act, which put nearly 400,000 acres of salt marsh under state control, requiring developers to get permission before building on the marshland. In 1996, just prior to his 75th birthday, Doremus was honored by the Georgia House of Representatives for his contributions to Georgia and its environment, noting him as “Mr. Environment.” Edward L. Savell 47B 49L of Atlanta on June 12, 2006. Judge Andrew J. Whalen 49L of Griffin on April 10, 2007. Raymond W. Zinsli 49L of Stone Mountain on Jan. 23, 2006. W. Dan Greer 48OX 50C 51L of Covington on Sept. 15, 2007. 50s Frank B. Hester 48L of Atlanta on July 4, 2007. Emory survivor: M. Jerome Elmore 76L. Raymond F. Schuder 49C 51L of Gainesville on May 1, 2007 Waldo Emerson Burke 49L of Gainesville died July 2, 2005. William J. Gibson 53C 56L of Atlanta on April 16, 2007. Stanley P. Herndon, Sr. 53L of Atlanta and Ormond Beach, Fla., on July 8, 2007. Kenneth U. Flood 59L of Palm Beach Gardens, Fla., on May 11, 2006. Senior Judge Ralph H. Hicks 61L of Atlanta died Aug. 7, 2007. He was 74 years old. Known as “a great storyteller” by his colleagues in the Fulton County Superior Court, Judge Hicks saw his role as a judge as a noble profession. “I think his happiest time was as a senior judge, when he could travel around the state hearing cases,” said Fulton Superior Court Senior Judge Philip F. Etheridge. Despite his demanding career, Hicks served as president of his neighborhood association and was active in the Kiwanis Club and the Buckhead Business Association. Upon his graduation from Emory Law, Hicks practiced law in Atlanta until 1978 when he was appointed to the Fulton County Superior Court. Hicks also served as president of the Atlanta Bar Association from 1977 to 1978, and retired from the U.S. Naval Reserve in 1975 with the rank of commander. Clifford Oxford 61L of Atlanta on Feb. 28, 2007. George E. Swanson, Jr. 56C 61L of Clayton on May 20, 2007. Emory survivors: Richard W. Swanson 67C 70L, John D. Swanson 60C, and Lee Thompson 89OX 91L. Wayne C. Crowe 62L of Peachtree City on March 9, 2007. Gordon C. Statham 65L of Atlanta on April 17, 2007. James M. Crawford 62B 69L of Big Canoe on July 24, 2007. 70s Fred Friss 69B 73L of Bedford, Texas, and Delray Beach, Fla., on Feb. 24, 2006. Donald J. Goodman 73L of Atlanta on Aug. 19, 2007. Ronald J. Davis 75L 79L of Atlanta on June 13, 2007. John C. Heath 75L of Livingston, Tenn., on Jan. 17, 2005. Laura J. Siegel 78C 81L of New York on March 31, 2007. 80s 90s Kevin P. Curran 91L of Ozark, Mo., on May 19, 2007. Kenneth Alan Clark 96L of Marietta and Decatur on May 11, 2007. 00s Todd K. Stien 01L of Eau Claire, Wis., and Atlanta on April 1, 2007. Arnold E. Gardner 84L of Johns Creek on April 25, 2007. Charles W. Berry 70L of Alexandria, La., on Jan. 17, 2007. winter 2008 29 Faculty Voices New Hope for International Human Rights? An essay by Johan van der Vyver, I.T. Cohen Professor of International Law and Human Rights T President Bush’s address before the General Assembly of the United Nations on September 25, 2007, signified a radical change of heart for the United States. 30 emory lawyer he historical significance of the address 21 – 27 were inspired by the commitment to of President George W. Bush before the “freedom from want” of President Franklin General Assembly of the United Nations D. Roosevelt, Eleanor Roosevelt, chair of on September 25, 2007, should not pass the Human Rights Commission when the unnoticed. It signified a radical change of heart Universal Declaration was adopted, stated in for the United States in regard to the binding the General Assembly that the United States force of economic and social rights listed in does not regard the provisions of articles articles 21 – 27 of the Universal Declaration of 21 – 27 as entailing binding obligations. The Human Rights. U.S. has maintained that position quite consisThere is, of course, more to the Bush tently and also has not ratified the Covenant address than just this. on Economic Social and Cultural Rights For example, by referring to the atrocities adopted in 1966 to afford binding force to the committed in Darfur as an instance of genocide, provisions of articles 21 – 27. the president must surely urge more radical inThere is an influential body of opinion, tervention by the Security Council than merely supported by President Bush’s remarks, that sanctions and a United Nations peace-keeping the provisions of the Universal Declaration initiative. Genocide is “the crime of crimes” have become part of customary international and would warrant, if needs be, nothing less law. Until Tuesday, that was not the position than a U.N.-sponsored armed intervention. entertained by the United States in regard to the President Bush also must be commended for freedom from want provisions. In his remarks, having singled out the “tyrannical regime” of President Bush cited and relied upon no less Robert Mugabe in Zimbabwe as “an assault than three of the economic and social rights of its people” and “an affront to the principles provisions of articles 21 – 27, breaking the chain on the Universal Declaration,” thereby calling of official statements regarding the non-bindattention to the ultimate contemporary intering effect of internationally proclaimed econational criminal of sub-Saharan Africa. nomic and social rights. According to President Criticizing the Human Rights Council for Bush, for the United States, “the standards of its single-minded focus on human rights violathe declaration”— that is, all the standards — tions committed by Israel and reiterating the “must guide our work in this world.” need for a Palestinian state were certainly not Insofar as the need might arise to confront out of place. the United States for not upholding some of Most intriguing were the consequences those international standards (for example, in for the United States in the references of the regard to health care services), problems of president’s address to economic and social federalism might arise domestically. In the past, rights listed in the Universal Declaration of the federal authorities have held out financial Human Rights. incentives to inspire states to live up to federal President Bush began by highlighting standards of health care and education. The recognition of “the inherent dignity” and the newly acquired commitment to uphold inter“equal and inalienable rights of all members nationally proclaimed standards in the ecoof the human family” as “the foundation of nomic and social sphere should prompt federal freedom, justice, and peace in the world” as authorities to place greater pressures on states proclaimed in the opening lines of the Universal to uphold those standards in the work place, in Declaration’s Preamble, and proclaimed that schools, and within the health-care arena. “the standards of the declaration must guide our Those who have lobbied for ratification work in this world.” This in itself is significant. of the International Covenant on Economic, The substantive provisions of the declaration Social and Cultural Rights also should fall into two main categories: civil and politiderive new hope and impetus from the Bush cal rights on the one hand, and economic and Administration’s apparent change of heart as social rights on the other. The United States reflected in the president’s address. has always committed itself to the former, but not, until now, to the latter. Although articles Giving Back The C. Robert Henrikson Endowed Scholarship Fund, established in 2001, was created to recruit top students to Emory Law and to encourage diversity in the student body. Henrikson Family Donates $1 Million New Scholarship Helps Expand Diversity at Emory Law C. Robert Henrikson 72l and his wife, Mary, have made a $1 million gift to Emory Law for an endowed scholarship fund previously established by the couple. The C. Robert Henrikson Endowed Scholarship Fund, established in 2001, was created to recruit top students to Emory Law and to encourage diversity in the student body. “We established this scholarship fund at my alma mater so that, in addition to receiving an outstanding education, Emory Law students will benefit from an inclusive environment that values diversity and leverages differences,” said Henrikson. “We believe that the Emory Law experience prepares students to compete and excel in an interconnected and global marketplace for talent.” Recipients of the C. Robert Henrikson Endowed Scholarship will be selected by the Emory Law Office of Diversity and Community Initiatives. Founded in spring 2007, the odci seeks to address important issues concerning underrepresented groups in the law school community and the legal profession. The office was established as a way to bring Emory University’s community-wide strategic initiative of exploring race and difference into the work of the school. “Helping our students offset the cost of a quality legal education continues to be one of our key priorities,” said Dean David F. Partlett. “Thanks to the support of the Henrikson family, we can continue to help the next generation of Emory Law students pursue challenging and rewarding careers in the legal profession.” An involved and generous alumnus, Henrikson serves on the Emory University Board of Trustees and is a frequent speaker at Emory-sponsored events in New York and Atlanta. In 2006, Henrikson was recognized for his outstanding service to the community, the legal profession and the law school as a recipient of the Emory Law Distinguished Alumni Award. Henrikson is chairman, president, and chief executive officer of MetLife Inc. where he has been employed for thirty-five years. Recognized as a thought leader in the insurance industry, Henrikson has been asked to testify at congressional, Department of Labor, and other agency hearings regarding pension, retirement, and employee benefits. He is chairman of the Wharton School’s S.S. Huebner Foundation for Insurance Education, a board member of the American Council of Life Insurers, and a board member emeritus of the American Benefits Council. winter 2008 31 Closing A Legacy of Generosity Celebrating the Life of Thomas Lewis Marr Sr. F aculty, staff, former students, and friends joined in a celebration of the life of former Professor Tom Marr during Alumni Reunion Weekend 2007. Marr, a professor at Emory from 1968 until 1996, was director of Emory’s graduate tax program. “Tom helped to design the graduate tax program and hired everyone who taught in it,” Professor Frank Vandall told attendees of the memorial service. “He did a lot to carry the program on his back.” “Tom built a sense of community and shared purpose. Tom and Charlotte Marr were the welcoming committee for an entire generation of Emory faculty.” — Richard Freer, Robert Howell Hall Professor of Law 32 emory lawyer Beyond his work to launch the graduate program, Marr and his wife, Charlotte, enjoyed hosting dinners at their home and inviting new faculty members to attend. Richard Freer, Robert Howell Hall Professor of Law, shared stories about attending these dinners when he first moved to Atlanta. The Freers knew no one in Atlanta, and the Marrs immediately helped them feel like part of a community. Freer said Marr’s legacy was that he was both engaged and engaging. “Faculties need people like Tom Marr,” Freer said. “Faculties are, by their nature, made up of people who are loners. By reaching out, by engaging, Tom built a sense of community and shared purpose. Tom and Charlotte Marr were the welcoming committee for an entire generation of Emory faculty.” Marr was a fellow at Cambridge University, in England. He graduated from Virginia Military Institute in 1951 and served as a lieutenant in the U.S. Army from 1951 to 1954. “Tom was very patriotic. He loved the u.s.a. and the U.S. Army,” Harry V. Lamon Jr. 58l, said. “(He) was a great friend and a unique personality. He was soft spoken but incisive. He was direct and concise but always with that smile in his voice. He was a great teacher and a great friend, and he will be missed.” Professor Nathaniel Gozansky shared with the crowd stories of late night office decorating pranks played out between the two professors. Both were new to Emory Law and became fast friends. “Tom Marr walked the path of life with head held high and with humility. That nurturing nature is part of what made him a beloved teacher to so very many. I am blessed to have been able to walk along the path of life with Tom Marr, and I miss my friend.” Despite his retirement in 1996, Marr remained active in the life of Emory Law. When Dean David Partlett joined Emory Law in 2006, the Marr family was quick to extend one of its famous dinner invitations to make sure the school’s new dean felt welcome. “I well remember the generous hospitality, their eagerness to introduce us to things wider than the Law School in Atlanta, their kindness, and their embrace that helped us to make that transition to Atlanta,” Dean Partlett said. “Tom had an illustrious career, but it seemed to me that what gave him fulfillment was his kindness toward others and his generosity.” “I can think of no higher accolade than that you lived your life in a way that that was engaging of others and engaged in this world,” Freer told attendees at the service. “You reached out to others and you involved them in the same excitement of what you discovered. I can think of no greater legacy than that you made the people around you smile. Tom Marr built that legacy, and we are all very fortunate to be beneficiaries of it.” Marr is survived by his wife, Charlotte Marr of Atlanta; daughter, Charlotte Marr Sanders of Atlanta; son, Thomas Lewis Marr, Jr. of Atlanta; brother, Dr. Norval Marr of St. Petersburg, Fla.; two grandchildren, and one great-granddaughter. Timothy L. Hussey – Office of Development and Alumni Relations 1301 Clifton Road Atlanta, Georgia 30322-2770 nonprofit organization u.s. postage paid atlanta, Ga permit no. 3604 â€˜I do solemnly swearâ€™ Emory Law celebrated as more than fifty members of the Class of 2007 officially joined the State Bar of Georgia November 8. The graduates took the oath during the Swearing In Ceremony in Tull Auditorium. The Hon. Robert J. Castellani 66l and the Hon. Michael E. Hancock 78l administered the oath and presided over the ceremony.