UVA Lawyer, Spring 2019 by University of Virginia School of Law

100

LAWYER

UVA

SPRING 2019

100 CHANGE AGENTS

200YEARSOF CHANGE

From Dean Risa Goluboff

ONORING 200 YEARS OF HISTORY IS NO EASY FEAT.

When we first began thinking about where to start, it seemed necessary to somehow measure the impact the Law School has had in its entirety—from pedagogical and curricular innovation, to faculty and students, to alumni and beyond. But it soon became clear this was too expansive for one issue. So we began last spring with “Making History,” a chronicle of desegregation and diversity at the Law School and a tribute to our African-American students and graduates, from Gregory Swanson to the present. We continue our historical commemoration here by homing in on how graduates have changed the world, made a difference, set a standard and, in short, come to represent the best of what it means to be a “UVA lawyer.” Even recognizing 100 “change agents,” the list of influential alumni is far too short. And so this issue is just part of a longer conversation, and a commitment, to investigate our past, present and future in the Law School’s bicentennial. The Law School was created as an original “department” of the University of Virginia at its founding in 1819 by Thomas Jefferson. In the centuries since, the school has evolved in critical ways. It used to be a place where white, often privileged Southern men could learn about law for a year from a handful of professors, possibly getting a degree for their effort. Today, the Law School is a place where students from around the world, from every conceivable background, receive a topnotch education in law (and more) from a panoply of groundbreaking scholars and teachers. The pages of this issue capture an institution in transition and its progress toward an even brighter future. Though much has changed since Jefferson’s time, one thing hasn’t: the core belief in the power of law to uphold justice, fairness and democracy itself. Law only operates through the people who are trained to hold it as a public trust—the lawyers we nurture our students to become. Law is also something we all share in common. That’s why, at the start of the issue, you’ll read about a new platform that Vice Dean Leslie Kendrick ’06 and I recently launched to share and explore that idea and the ideas of our faculty: the podcast “Common Law.” Law can take us anywhere, and it takes our students everywhere. You’ll read about—and see pictures from—the amazing journey our students in the Human Rights Study Project made to Nepal; they journeyed from Kathmandu to the base camp of Mount Everest, thanks to the generosity of David Burke ’93. Law can also make us happy, as you’ll learn in an article about a longitudinal survey conducted by Professor John Monahan, who has followed the career and life satisfaction of the Class of 1990 for decades. (Spoiler alert: They’re still really happy.) And law—as pursued by our faculty through research, service and leadership—can have an impact beyond the school’s walls. Our Faculty News section describes the many accomplishments of and accolades for our faculty, including how the U.S. Supreme Court cited UVA Law professors’ journal articles more than any other school’s faculty in recent terms. In an issue about alumni who’ve made change happen, there are signs of change at the Law School and the University, too. We say goodbye to retiring Professor George Yin, a tax scholar and noted public servant whose ideas have shaped public discourse. And we welcome back former professor and vice dean Liz Magill ’95 in her new role as provost. She offers this issue’s Last Word column. We have much to be thankful for, much to explore in the coming issues and much to look forward to in our next century. Thank you for taking this journey with us. Here’s to 200 more years, and beyond.

CONTENTS

U VA

FEATURES

LAWYER

A Podcast in ‘Common’

SPRING2019

VOLUME43|NUMBER2

100 Change Agents

EDITOR-IN-CHIEF

Mary M. Wood ASSOCIATE EDITOR

Eric Williamson

DEPARTMENTS

6 22

Warren Craghead

Totally Popular: A UVA Law Pop Culture Quiz

Denise Forster CONTRIBUTING EDITOR

Mike Fox CONTRIBUTORS

Mark F. Bernstein ’89 Julia Davis Mike Fox Jane Kelly McGregor McCance Alec Sieber ART DIRECTION & DESIGN

Bill Womack Helios Inc. PRODUCTION ASSISTANT

Kirsten Niemann Helios Inc. ADDITIONAL PHOTOS

Jesús Pino Aguilar Photography Ian Bradshaw Tom Cogill Julia Davis Robert Llewellyn PRINTER

Progress Printing Plus PRINTED IN U.S.A.

2 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

QUOTED 4 DISCOVERY 6 SHARING 17

PHOTO EDITOR

CLASS NOTES AND ALUMNI BOOKS EDITOR

DEAN’S MESSAGE 1

5/10/15/25 18 FACULTY NEWS 101 VITA 113

CLASS NOTES 117 ALUMNI BOOKS 136 IN MEMORIAM 138

Looking Back: A Bicentennial Photo Album

Life Is Good for the Class of 1990

A Tax-Seasoned Professor

Experiencing Nepal

Faculty Focus: Administrative Law

THE LAST WORD 140

MATTHEW WEBER/UVA PRESIDENT’S OFFICE

SNAPSHOT

❱ UVA President Jim Ryan ’92 poses for a photo at the UVA men’s basketball championship game with (clockwise) basketball team alumni Malcolm Brogdon, Ralph Sampson, Justin Anderson, Roger Mason Jr., Joe Harris, Justice Bartley and Devon Hall, and UVA football coach Bronco Mendenhall.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 3

DISCOVERY QUOTED

“IT IS SAFER TO HAVE THE WHOLE PEOPLE RESPECTABLY ENLIGHTENED than a few in a

high state of science and the many in ignorance.” —THOMAS JEFFERSON, regarding

a public education.

“The Court ... must be forgiven by Virginians for quoting a reference to ‘the Charlottesville campus’ of the University of Virginia. The University of Virginia ... occupies the portion of Charlottesville known, not as the ‘campus,’ but as ‘the grounds.’ More importantly, even if it were a ‘campus,’ there would be no need to specify ‘the Charlottesville campus,’ as one might refer to the Bloomington or Indianapolis campus of Indiana University. Unlike university systems with which the Court is perhaps more familiar, such as those in New York ... Illinois ... and California ... there is only one University of Virginia.” —JUSTICE ANTONIN SCALIA, former UVA Law professor, in United States v. Virginia, 1996 4 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

“THE PURSUIT OF HIGH IDEALS, even if carried

out imperfectly, is our only chance. And I believe that is what universities, and ours in particular, should be all about.” —UVA PRESIDENT JAMES E. RYAN ’92, 2018

“The most fertile ground for increasing diversity in our profession is to start the conversation at the elementary school level and at the middle school level, because it’s there that young minds are beginning to be molded and it’s there where young minds are just starting to think about, ‘What do I want to be when I grow up?’” —CLEO POWELL ’82, first black female justice on the Supreme Court of Virginia, 2011 “IT IS ESSENTIAL FOR THE REVIEW to

reflect the diverse perspectives and opinions of our law school and the legal profession so that we can meaningfully engage with and support diverse legal scholarship. Our prior success demonstrates that when we have student editors who are passionate about legal scholarship, the review flourishes.” —LAURA TOULME ’20, the Virginia Law

Review’s current editor-in-chief

BICENTENNIAL

DISCOVERY QUOTED

“THIS CAMPUS HAS BEEN HOME FOR ME. It is hallowed ground for me,

because I will continue to draw on the roots of the teachers, the confidence that was taught me, the values that were taught me, as I go about every decision I will make and have made through these many years, and for that, I’m so grateful.”

—SEN. JOHN WARNER ’53, UVA

commencement address, 2004

“Aren’t lawyers allowed to have fun?” —TREVOR POTTER ’82, former general counsel to Sen. John McCain’s presidential campaigns, talking about working on Stephen Colbert’s super PAC (The New York Times)

“IF YOU LET SOMEONE ELSE SET YOUR STANDARD, whether it’s

physical appearance, academic achievement or economic success, then you will never be content with who you are. Your purpose should be to set your own standard, not to catch up or to beat out somebody else.” —ELAINE JONES ’70, quoted in 2002 “I REMEMBER GOING HOME AND IMAGINING THOMAS JEFFERSON

hawking the Constitution on the Home Shopping Channel, and I thought, there’s no place in the world that has this information online right now, so what I do here is going to be very important because it’s likely to be copied. … I decided that I would rather lose the bill than have that provision stay in.” —DEBRA BOWEN ’79, speaking at

EDITION

“Nothing sets Virginia apart from other universities more than the concept of honor. The Honor System, in place since 1842, and the community of trust it enables, rests on one precept —and that is integrity. Our careers in the law, our professional and our personal success—and indeed, our reputations— rest on that same precept.” —FBI DIRECTOR ROBERT S. MUELLER III ’73, Thomas Jefferson Foundation Medal in Law acceptance speech, 2013

UVA Law in 2010 on her decision to oppose a provision for a bill she authored as a California state senator that would give the public online access to information about the state’s legislative actions. The provision, which was defeated, required paying for access.

“NOTHING INTERVENES NOW between

us and the Yankees, but the mud.”

—JOHN B. MINOR 1834, from his Civil

War-era diary. He was tasked on a committee to request UVA be spared from destruction.

“THE CULTURE OF THE LAW SCHOOL

fosters congeniality and cooperation, which are highly important for success. I believe that the ‘emotional intelligence’ that Virginia graduates display derives from that culture. As I’ve progressed in my career, the softer skills have been highly important. I credit UVA with preparing me to help my clients navigate opportunities and challenges from a 360-degree perspective.” —KAREN OWEN GIBBS ’92, a partner with

McDermott Will & Emery in Chicago, quoted online recently by the Law School for its “UVA Law Network” feature 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 5

DISCOVERY

SANJAY SUCHAK/UVA COMMUNICATIONS

❱ Best-selling author John Grisham and UVA Law Professor Deirdre Enright, who co-directs the Innocence Project at UVA Law, talk about wrongful convictions in Episode 1 of the “Common Law” podcast.

‘‘C

NEW PODCAST SHARES WHAT WE HAVE IN ‘COMMON’

OMMON LAW,” a new podcast sponsored by the Law

School and hosted by Dean Risa Goluboff and Vice Dean Leslie Kendrick ’06, launched this spring with help from two stars in the law world. Best-selling author John Grisham and Professor Deirdre Enright ’92 of the Innocence Project at UVA Law kicked off the first season, which is focused on “The Future of Law.” “It’s fairly easy to send an innocent person to prison,” Grisham says in Episode 1. “And it’s virtually impossible to get them out once they’re there.” “Common Law” is unique for its pairing of a law school dean and vice dean as hosts. “We’re here to talk about all the ways law affects people’s everyday lives,” Goluboff says in an introductory episode. Other episodes this season feature: ❱ The impact of blockchain technology on law and business, with Professor George Geis and attorney Mayme Donohue of Hunton Andrews Kurth. ❱ How law can combat discrimination in health care, with Professor Dayna Bowen Matthew ’87. ❱ The law and ethics of the “Game of Thrones” HBO series and

6 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

books, with Professors Toby Heytens ’00 (also the Virginia solicitor general) and Mila Versteeg. ❱ The impact of self-driving cars on law and liability, with Professor Kenneth Abraham and Michael Raschid ’86 of Perrone Robotics. ❱ International efforts to tax corporate giants like Apple, with Professor Ruth Mason. ❱ Technology’s impact on lawyering, the courts and legal scholarship, with Professor Michael Livermore. ❱ Legal challenges at the intersection of technology and national security, with Professor Ashley Deeks. ❱ Science, the courts and judging, with U.S. Judge Jed S. Rakoff of the Southern District of New York. The podcast is produced with help from Tony Field, founding producer of the popular American history podcast “BackStory” and a longtime public radio producer. “Common Law” is available on Apple Podcasts, Stitcher, YouTube, Spotify and other popular places. You can play it on Amazon Alexa by saying, “Alexa, ask Stitcher to play ‘Common Law.’” Follow the show on the website commonlawpodcast.com or Twitter at @CommonLawUVA. —Eric Williamson

DISCOVERY

UNIVERSITY OF VIRGINIA SCHOOL OF LAW NOW

ACCOLADES AWARDS RECOGNITION

KATHARINE COLLINS ’19 and CHRISTOPHER MACOMBER ’19 won the

90th William Minor Lile Moot Court Competition. SCOTT HARMAN-HEATH ’19 won the Stephen Pierre Traynor Award for best oralist.

2 3 4 5

LAURA TOULME ’20, (center, with board

members) was named editor-in-chief of the Virginia Law Review.

JASMINE LEE ’20 was elected president of the Law School’s Student Bar Association. CLAYTON “TEX” PASLEY ’17 was named the 18th Powell Fellow in Legal Services.

DAVID WANG ’20, MICHAEL WOOLSLAYER ’19, JOSH LEFEBVRE ’19, EMILY STEWART ’19, MANAL CHEEMA ’20

and Professor Pierre-Hugues Verdier attended the Salzburg Cutler Fellows Program.

6 7

MICHELE ST JULIEN ’20 was named this

year’s recipient of the Gregory H. Swanson Award.

GRIFFIN PEEPLES ’20, DAVID RUBIN ’19 (student coach), ELIZABETH DONALD ’19, BENJAMIN KRAMER ’19 and COLIN GIUSEPPE COX ’19 won the

International and European Tax Moot Court competition.

8 9 10

AMANDA LINEBERRY ’19 and KENDALL BURCHARD ’19 won a rare double appeal

at the Fourth U.S. Circuit Court of Appeals on behalf of the Appellate Litigation Clinic. JENNIFER KELSO ’21 and LINDSAY GORMAN ’21 are this year’s recipients of

the Virginia Public Service Scholarship.

WILLIAM HALL ’19 (right) received the Jackson Walker LLP Award, given to the student with the highest GPA after four semesters. NICHOLAS ALLEN ’20 won the Carl M. Franklin Prize, having earned the award for the highest GPA at the end of the first year.

10 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 7

DISCOVERY

❱ Financier-philanthropist David Rubenstein interviewed retired Justice Anthony Kennedy on Nov. 16.

JULIA DAVIS

THE SUPREME COURT STILL WORKS, SAYS RETIRED JUSTICE

ETIRED U.S. SUPREME COURT JUSTICE Anthony Kennedy

says he has no regrets about leaving the court when he did—and that despite recent contentiousness related to confirming new justices, the court and its time-honored processes still work. “The public will see the system works,” Kennedy said during a special event at the Law School on Nov. 16. “Over time, over a very short time, you will see that the system has worked and these justices are working very well with their colleagues.” The conversation doubled as the inaugural event for the new Karsh Center for Law and Democracy, which is housed at the Law School, and was later an episode of “The David Rubenstein Show,” which will be broadcast on Bloomberg and PBS. Financier-philanthropist David Rubenstein interviewed Kennedy, 82, in one of the justice’s first public appearances since leaving the court this past summer after three decades. “Second thoughts on retiring?” Rubenstein asked. “None at all,” said Kennedy, who explained that he wanted to spend more time with his wife, Mary, who was in attendance. Dean Risa Goluboff, in her introductory remarks, noted that Kennedy was the last justice to be confirmed unanimously, in 1988. Kennedy’s thumbs-up after the remark drew laughs, given the frequent political wrangling over appointees. “Quite a feat,” Goluboff said. During his tenure, Kennedy authored majority opinions in numerous landmark cases, including two controversial ones that he addressed: Obergefell v. Hodges, which legalized gay marriage, and Citizens United v. FEC, which affirmed political spending as

8 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

protected speech. Kennedy attributed his oath to review cases with an open mind for turning his vote in Obergefell. “I think it surprised me,” he said. “The nature of the injustice is you can’t see it in your own time.” A large portion of Kennedy’s comments were responses to requests from Rubenstein to explain how the court works. Kennedy used the opportunity to demystify the institution, and to express his confidence that the model serves to provide outcomes with integrity. The Karsh Center for Law and Democracy, funded through the generosity of law alumni Martha Lubin Karsh ’81 and Bruce Karsh ’80, aims to facilitate discussion about some of today’s most pressing issues related to our civic function through talks, interdisciplinary programming and symposia. Professor Micah Schwartzman ’05 is the center’s inaugural director. The center is funded as part of a $44 million gift from the Karshes, the largest donation in Law School history. The Karshes are educational philanthropists who met at UVA Law. They announced the gift in May. Bruce Karsh, a former Kennedy clerk from when Kennedy served on the U.S. Court of Appeals for the Ninth Circuit, credited his “first full-time boss” with providing an early path to greater success. The couple announced, as part of the event, that they were endowing a faculty chair in Kennedy’s name. Among his accolades, Kennedy received the Thomas Jefferson Foundation Medal in Law in 2003. The medals are the University’s highest external honor. —Eric Williamson

CHRISTINA CANNON

DISCOVERY

U.S.

JUDGE CARLTON W. REEVES ’89 has been named this year’s recipient of the Thomas Jefferson Foundation Medal in Law. Sponsored jointly by UVA and the Thomas Jefferson Foundation, the law medals, and their counterparts in architecture and civil leadership, are UVA’s highest external honors. “Judge Reeves is an exemplary public servant whose decisions have reached well beyond his seat in Mississippi,” Dean Risa Goluboff said. “His opinions elucidate the law through powerful reasoning and a deep humanity that gets to the heart of the issues at stake.” The judge was scheduled to give a talk April 11 to mark the occasion. Reeves has served for almost a decade on the U.S. District Court

UVA LAW AGAIN TOPS NATION IN PRINCETON REVIEW

CLERKSHIPS FOR THE JUDGE 2017 CARLTON W. TERM REEVES ’89 NAMED JEFFERSON MEDALIST for the Southern District of Mississippi, where he has ruled in a number of important cases, including those involving equality and civil rights. He was nominated to the post in 2010 by President Barack Obama, becoming the second African-American appointed to a federal judgeship in the state. “I knew being a judge would be the best thing to create a greater good in Mississippi,” Reeves told UVA Lawyer in 2017. “It’s not about creating new rights. It’s about breathing new life into the Constitution that we have sworn to uphold.” —Eric Williamson

The Law School continues to rank No. 1 in Best Quality of Life and Best Professors in The Princeton Review’s annual law school rankings. According to the 2019 rankings, the Law School is also No. 2 in Best Classroom Experience, No. 4 in Best Career Prospects and No. 6 in Toughest To Get Into. Only UVA Law and Stanford Law School cracked the top 10 in all five of these categories.

ROBERT LLEWELLYN

The Law School has been ranked No. 1 in Best Quality of Life since the 2015 rankings and in Best Professors since 2018. The Princeton Review factored in data from surveys of 17,700 students attending 165 law schools, as well as admissions and career outcome data reported by institutions to the American Bar Association. —Mike Fox

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 9

DISCOVERY

BILL PETROS

THINKSTOCK

❱ Katie Barber ’15 and Megan Lacy ’10 are clerking for the Supreme Court this term.

TWO ALUMNAE CLERKING AT THE SUPREME COURT

WO ALUMNAE are clerking at the U.S. Supreme Court for

the 2018 term: Katie Barber ’15 for Justice Ruth Bader Ginsburg and Megan Lacy ’10 for Justice Brett Kavanaugh. Barber and Lacy are also a part of history this term: For the first time, more than half of the court’s clerks are women, and Kavanaugh’s first class of clerks are unprecedentedly all women. Barber last worked as an associate at the law firm McGuireWoods in Richmond, Virginia. She previously clerked for Judge John B. Owens of the U.S. Court of Appeals for the Ninth Circuit and Judge Leonie M. Brinkema of the U.S. District Court for the Eastern District of Virginia. Lacy last worked with White House Counsel Donald F. McGahn II on Kavanaugh’s nomination and as senior adviser to the general counsel at the U.S. Treasury Department. She previously clerked for Judge Diarmuid O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit and Judge Sidney Fitzwater of the U.S. District Court for the Northern District of Texas. UVA Law ranks No. 4 after Yale, Harvard and Stanford in placing clerks on the U.S. Supreme Court from 2005-18. A record 38 alumni are clerking for federal appeals court judges during this term, a typical precursor to clerking for the Supreme Court. —Mike Fox

10 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

CLINIC WINS ATTORNEYS’ FEES CASE, QUARLES CASE GRANTED CERT

OCIAL SECURITY claimants will have an easier time finding

lawyers willing to help them, thanks to a unanimous victory Jan. 8 for the Supreme Court Litigation Clinic in Culbertson v. Berryhill. Federal law places a 25 percent cap on attorney fees related to representing individuals claiming Social Security benefits. The question before the justices was whether the law applies only to fees for court representation, as three federal appeals courts have held, or also fees for representation before the agency, as three other appeals courts have held. The clinic filed on behalf of attorney Richard A. Culbertson, who represented clients before the Social Security Administration and in U.S. District Court. Culbertson argued that the court did not correctly calculate the fees he is entitled to under federal statutes. In an opinion written by Justice Clarence Thomas, the court reversed the 11th Circuit and ruled that the cap indeed applies only to fees for court representation and not to the aggregate fees awarded under federal law. Professor Daniel R. Ortiz, the clinic’s director, argued the case on Nov. 7. Also in January, the court granted cert in Quarles v. United States, a sentence enhancement case that will be argued by the clinic April 24. —Mike Fox

DISCOVERY

❱ A team of alumni and other attorneys helped win the “Drive Down the Debt” campaign, including Clayton “Tex” Pasley ’17, Mario Salas ’14, Mary Bauer ’90, David P. Baugh, Leslie Kendrick ’06, Angela Ciolfi ’03, Pat Levy-Lavelle ’05, Jonathan Blank ’95, Megan Keenan ’18 and Rachel Simon ’17.

AN END TO DRIVER’S LICENSE SUSPENSIONS

JESÚS PINO

ALUMNI DEFEND RIGHTS FOR THE INDIGENT AND IMPRISONED VIRGINIA GENERAL ASSEMBLY decision on April 3—

ratifying a budget amendment by Gov. Ralph Northam— effectively wrapped up a multiyear campaign led by alumni to end driver’s license revocation for unpaid court fees and costs. More than 627,000 Virginians will have their licenses reinstated this summer. The change will help low-income residents get to work, doctor’s appointments and other vital destinations, according to the Legal Aid Justice Center in Charlottesville, the conduit for the alumni advocacy efforts. “There was much groundwork leading up to this, developing champions in both chambers,” said Amy Woolard ’08, attorney and policy coordinator at LAJC. The center reached out to state legislators in association with the group Americans for Prosperity. In addition to the help of legislative patron Sen. Bill Stanley, alumni such as Del. David Toscano ’86 and Sen. Jennifer McClellan ’97 provided key support. But numerous more alums, the Civil Rights Clinic and UVA Law-affiliated partners participated in LAJC’s “Drive Down the Debt” campaign, which began with a class-action lawsuit in 2016. In addition to LAJC’s attorneys, many of whom are alumni, contributors included student volunteers, alumni attorneys with pro bono partner McGuireWoods, the Virginia Poverty Law Center and UVA Law professors. The decision runs through the budget cycle ending July 1, 2020— at which time further legislative action will have to be taken to repeal the existing 1994 statute, which allows driver’s licenses to be automatically suspended when court fees and fines are not paid. The center won a preliminary injunction in December to stop the suspensions practice as part of their lawsuit, Stinnie v. Holcomb. This latest development “freezes the litigation but doesn’t moot it out,” Woolard said. While proponents of the license suspension law have argued that there should be a consequence for not paying court debts, and the threat of losing a driver’s license provides strong leverage, LAJC has argued that the law is enforced without due process and creates a debt cycle for the state’s poorest residents.

AN INJUNCTION TO ENFORCE PRISON HEALTH CARE

LUMNI AND STUDENTS were also on the legal team that

won an injunction against officials at the Virginia Department of Corrections on Jan 2. The ruling will force the Fluvanna Correctional Center for Women to provide adequate health care to its prisoners. Judge Norman K. Moon ’62 LL.M. ’88 ordered officials to comply with a 2016 settlement agreement the Legal Aid Justice Center negotiated. According to a finding of facts, after the settlement an inmate waited three years for a colonoscopy while cancer invaded her liver. Other inmates reported chest pain, difficulty breathing and extreme weight changes, but went unexamined by a doctor. Nurses failed to order medicine. The Fluvanna case has been a large team effort, with dozens of UVA and University of Richmond law students, LAJC attorneys, four law firms, and dozens of paralegal volunteers conducting hundreds of visits to the prison and conducting intensive discovery. Among the UVA Law alumni currently working at LAJC who contributed to the work are Shannon Ellis ’15, Brenda Castañeda ’06, Kim Rolla ’13 and Angela Ciolfi ’03, the executive director. The injunction orders officials to maintain a full-time staff of 78 nurses at the women’s prison, train them on dispensing and stocking medication, outfit the prison’s buildings with basic emergency equipment and improve the medical grievance system, along with other measures. The original lawsuit was filed in 2012 by LAJC in association with the law firm Wiley Rein and the Washington Lawyers’ Committee. —Eric Williamson 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 11

DISCOVERY

SHAPING JUSTICE EXPLORES CREATIVE REFORM

TUDENTS, ALUMNI AND PUBLIC INTEREST LAWYERS ex-

plored how to make the legal system fairer through creative solutions at the third annual Shaping Justice conference Feb. 8-9. Keynote speaker Larry Krasner, district attorney of Philadelphia, discussed his efforts to address mass incarceration and urged law students to get involved in the progressive prosecutor movement. He called criminal justice reform “the civil rights issue of our time.” “Our resources to fix things that will make us safer, our resources to prevent crime have been hijacked by politicians who built jail cells to get votes,” he said. “That is what has happened.” Three UVA Law alumni were honored for their work in public service at the conference, titled “Creative Solutions for Shaping Justice.” Chinh Q. Lee ’00 and Julia Pierce ’98 received the Shaping Justice Award for Extraordinary Achievement. Le is legal director of the Legal Aid Society of the District of Columbia, and

12 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

Pierce is deputy associate general counsel of the U.S. Department of Health and Human Services’ Indian Health Branch Public Health Division. Michelle Harrison ’12, a staff attorney at EarthRights International, received the Shaping Justice Rising Star Award, but was working abroad and unable to attend. The conference was sponsored by UVA Law, the Program in Law and Public Service, the Mortimer Caplin Public Service Center, the student-run Public Interest Law Association and numerous other student organizations. —Mike Fox

TOM COGILL

❱ Shaping Justice Award honorees Julia Pierce ’98 and Chinh Q. Le ’00 with Dean Risa Goluboff. Michelle Harrison ’12, inset, was unable to attend.

DISCOVERY

❱ Princelee Clesca ’20, Moussa Ismail ’20, Catherine Guerrier ’21, Lise Guerrier ’20, Alicia Penn ’19, Doriane Nguenang Tchenga ’21, Toccara Nelson ’19 and Jasmine Alves ’19 visit Robben Island in South Africa.

ALEC SIEBER

dents Association returned to Cape Town, South Africa, in January to aid residents displaced by apartheid for the organization’s annual service trip. They collectively volunteered 792 pro bono hours during their winter break.

GEN. WESLEY K. CLARK CALLS FOR POLITICAL RENEWAL

ETIRED GEN. WESLEY K. CLARK

came to the Law School on March 1 for a nonpartisan discussion encouraging young adults to enter the modern political arena. He provided an overview of recent American political history and sketched out some of the challenges facing future American leaders. The speech was sponsored by the Student Legal Forum. “What I think we’re doing is a lot of finger-pointing, a lot of negativism, a lot of ideological posturing—and it just breaks my heart,” Clark said. “So I’m here to ask for your help. Your generation has to set this straight.”

The students partnered with Londonbased Norton Rose Fulbright’s pro bono team and joined the firm’s efforts to ensure former residents of District Six receive government reparations. The neighborhood was destroyed and dispersed during apartheid, a governmental system of racial oppression that was dismantled in the early 1990s.

HELLYBEE PHOTOGRAPHY

EMBERS OF THE Black Law Stu-

REVERSING THE EFFECTS OF APARTHEID

“For me personally, it was really interesting to learn how race has impacted South Africa—the similarities to the U.S. and the differences,” said Alicia Penn ’19. “The similarity—being that black people halfway across the world were also treated poorly— reminded me how human racism is.” —Mike Fox counsel of the Urban Mass Transportation Administration in the U.S. Department of Transportation, and as a legislative assistant to U.S. Sen. Lloyd Bentsen. She then turned to academia, first as an assistant and tenured associate professor of law at Ohio State University, where she taught evidence, sexbased discrimination, legislation and legislative process, and then as counsel to the president of Hunter College of the City University of New York. In 1980, she took leave from Ohio State to work in the White House as executive director of the Interdepartmental Task Force on Women. As an executive for the New York City Law Department from 1990-2003, Howard oversaw attorney hiring and continuing legal education, and also developed and conducted sexual harassment training. She authored “The Sexual Harassment Handbook” in 2007. —Mike Fox

LANDMARK EXEC LINDA G. HOWARD ’73 TO ADDRESS GRADS INDA G. HOWARD ’73, vice president

for legal at Landmark Worldwide, will serve as the Law School’s commencement speaker May 19. San Francisco-based Landmark Worldwide is an international personal and professional growth, training and development company. Howard joined Landmark in 2010 as assistant general counsel and later served as general counsel. At UVA Law, Howard was the first black person and first woman to become student council president. After law school, she served as staff attorney and special assistant to the general

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 13

DISCOVERY

TOM COGILL

❱ Slate’s Dahlia Lithwick gave the keynote address at the ACS student convention.

❱ American Constitution Society President Caroline Fredrickson, Associate Justice Anita Earls of the North Carolina Supreme Court, and U.S. Judges Carlton Reeves ’89, Pamela Harris and Felipe Restrepo served on a panel.

K TOM COGILL

ACS HOLDS NATIONAL STUDENT CONVENTION AT UVA LAW

HE AMERICAN Constitution Society hosted its student

convention Feb. 22-23 at the Law School. Dahlia Lithwick, senior editor and legal correspondent at Slate, served as keynote speaker. She discussed the importance of who serves on the courts and why progressives should be interested in following the judiciary closely. A panel of jurists—Associate Justice Anita Earls of the North Carolina Supreme Court, Judge Pamela Harris of the Fourth U.S. Circuit Court of Appeals, Judge Carlton Reeves ’89 of the U.S. District Court for the Southern District of Mississippi, and Judge L. Felipe Restrepo of the Third U.S. Circuit Court of Appeals—looked at the future of the judiciary. J. Richard Cohen ’79, then president of the Southern Poverty Law Center, reviewed the work of his organization and the current status of civil rights in America. —Mike Fox

14 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

EVIN COPE, an expert in international law who devel-

ops new legal data for cutting-edge research, joined the faculty in January as an associate professor of law. Through sophisticated textual analysis techniques, Cope’s work promises to reveal insights into the process of making treaties and the role of judges’ ideology. Cope earned his B.A. in political science from Ohio State University, J.D. from Northwestern University School of Law and LL.M. from the Georgetown University Law Center. He is currently a Ph.D. candidate in political science at the University of Michigan. Among his current initiatives, Cope is developing a method for understanding how states negotiate multilateral treaties, and how international organizations can optimize that process to improve global cooperation. The research combines a formal mathematical model of treaty-making with data collected from archived records of dozens of major international conventions, including trade and security agreements, the 1951 Refugee Convention and the Rome Statute of the International Criminal Court. In his findings, the data show the positions of every state on every issue, and they provide new understanding into the strategic dynamics of treaty negotiations. “The methods may someday help officials design more effective treaty-making processes across a host of issue areas, from trade, to security, to environmental,” he said. In another ongoing project, Cope is using automated text analysis and machine learning to quantify the complete Almanac of the Federal Judiciary. The data, crowdsourced from thousands of attorneys over the past 33 years, will be used to develop the first dynamic ideology measure for the entire Article III federal judiciary. “I hope this new approach will foster breakthroughs in fields

DISCOVERY

❱ Arizona Solicitor General Dominic Draye and Hunton Andrews Kurth partner Elbert Lin re-argued the Slaughter-House Cases before U.S. Judges Thomas B. Griffith ’85, Diane S. Sykes and John K. Bush.

POLITICAL SCIENTIST KEVIN COPE NAMED ASSOCIATE PROFESSOR OF LAW

FEDERALIST SOCIETY CONFERENCE FOCUSES ON FUTURE OF ORIGINALISM

JULIA DAVIS

UDGES, scholars and practitioners gathered at the Law

School on Feb. 28 for a UVA Law Federalist Society conference, “The Future of Originalism: Conflicts and Controversies.” Events during the day focused on due process, judicial engagement versus judicial restraint, and originalism “where the text runs out.” The event concluded with a re-argument of the Slaughter-House Cases, a Reconstruction-era Supreme Court ruling that narrowed citizenship rights in the privileges or immunities clause of the Constitution. Judge Thomas B. Griffith ’85 of the U.S. Court of Appeals for the District of Columbia Circuit introduced the symposium and served as a judge during the re-argument. —Mike Fox JULIA DAVIS

such as judicial behavior, jurisprudence and empirical legal studies, opening avenues of research that until now were closed due to data limitations,” he said. Professor Michael Livermore’s research also focuses on the computational analysis of law. “Political scientists have been interested for decades in assigning ideological scores to judges, but all of the [prior] existing measures have substantial shortcomings,” Livermore said. “The almanac is familiar to many lawyers but unknown to the political science community, and using it to provide a new quantitative lens on judicial decision-making is a great example of the value of Kevin’s type of interdisciplinary legal scholarship.” Cope’s related research on judicial ideology was introduced to a wider audience in September when he and Professor Josh Fischman co-authored an analysis published in The Washington Post of Brett Kavanaugh’s conservative judicial record. Their work was cited during Kavanaugh’s Senate confirmation hearing. Cope was formerly a research assistant professor of law at the Law School, and he maintains a faculty affiliation with UVA’s Woodrow Wilson Department of Politics. “Having had the chance to research, teach and meet so many great colleagues here over the past couple of years, I’m thrilled to start this next chapter at UVA,” Cope said. Before coming to UVA, Cope served as a federal judicial clerk for judges of the U.S. Court of Appeals for the Ninth Circuit, the Northern District of Ohio and the Court of Federal Claims. He also practiced government enforcement litigation law in Washington, D.C., with Skadden, Arps. —Mike Fox

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 15

DISCOVERY

EDUCATION SCHOLAR KIMBERLY ROBINSON TO JOIN FACULTY

JULIA DAVIS

Much of Robinson’s scholarship critiques San Antonio Independent School District v. Rodriguez, a 1973 Supreme Court decision. The court ruled that a Texas public education financing scheme, which disadvantaged poorer districts with smaller property tax bases, did not violate the Constitution’s Equal Protection Clause because the Constitution doesn’t guarantee a right to an education. She is the co-editor, with Harvard law professor Charles Ogletree Jr., of “The Enduring Legacy of Rodriguez: Creating New Pathways to Equal Educational Opportunity,” published by Harvard Education Press in 2015. The book examines the impact of Rodriguez on educational opportunity and offers novel law and policy proposals for remedying opportunity gaps. This year, New York University Press will publish Robinson’s second edited book, “A Federal Right to Education: Fundamental Questions for Our Democracy,” which gathers leading constitutional and education law scholars to consider the challenging questions raised by recognizing a federal right to education in the United States. “That project looks at why should we think about recognizing a federal right to education, how might we recognize a federal right to education and what should a federal right to education guarantee,” she said. In her current research, Robinson is analyzing school funding litigation and working on a paper examining how law and policy could protect a civil right to education. “As education is so important to opportunity, I am so glad that our students will have the chance to learn from someone who is an expert in both education law and policy,” said Professor Deborah Hellman, chair of the faculty appointments committee. Robinson earned her J.D. from Harvard Law School and a bachelor’s in foreign affairs from UVA. Prior to joining the Richmond law faculty in 2010, Robinson was an associate professor at Emory University School of Law and a visiting fellow at George Washington University Law School. She also served in the General Counsel’s Office of the U.S. Department of Education, where she helped draft federal policy on issues of race, sex and disability discrimination. In addition, Robinson represented school districts in school finance and constitutional law litigation as an associate with the firm Hogan & Hartson (now Hogan Lovells). —Mike Fox

IMBERLY J. ROBINSON, who studies civil rights in education

and aspires to help end educational disparities in the United States, will join the Law School faculty this fall as a professor of law. “My chief goal is to influence and develop innovative thinking in the United States about how to close educational opportunity and achievement gaps,” she said. “Our nation for generations has tolerated wide gaps in educational quality between children of different races, between children of different socioeconomic classes, between children of different neighborhoods. These disparities impose huge costs on our nation.” Robinson joined UVA Law as a visiting professor last year from the University of Richmond School of Law, where she was the Austin E. Owen Research Professor and a professor of law. “I was very content at the University of Richmond, so leaving a place where I was happy was not something I did lightly,” she said. “The students at UVA Law have been incredibly enthusiastic and excited about me joining the faculty and wanting to retain me, and that has meant a lot to me.”

16 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

DISCOVERY

“AND IT QUICKLY SNOWBALLED INTO THIS THING”

“I decided to run for Congress in 2016 to try and change some things in South Jersey. When I did

that, I didn’t have any money or political support—I just started talking to people. I got a crate and went to a farmer’s market, started making speeches. Started knocking on doors. And it quickly snowballed into this thing. Suddenly, we had an office, eight staffers, over 500 volunteers. I ended up leaving my office at IBM and running the campaign full time. WE KNOCKED ON 109,000 DOORS,

and I did around 18,000 myself. We made over 50,000 phone calls.

100 CHANGE AGENTS

It was a really exciting, great race. Ultimately, we didn’t win the primary, but it was the biggest turnout in the history of our district. It was a great experience. I was able to get the endorsement of The Philadelphia Inquirer, which was a really proud moment. I was the youngest candidate ever endorsed by them for federal office.” MORE:

humansofuvalaw. tumblr.com

SPRING 2019 UVA LAWYER 17

INSIDER

5 10 15 25

DESCRIBE YOUR WORK: After more than four years as a litigation associate at Bracewell, I recently joined ICF, a global consulting services company, as corporate counsel and compliance manager. It is an exciting transition—I’m enjoying my new and very diverse responsibilities more and more every day. WHAT ACTIVITIES DO YOU ENJOY OUTSIDE OF WORK?

SAMUEL STUART

LAURA PREBECK HANG ’14 (COL ’00) CORPORATE COUNSEL AND COMPLIANCE MANAGER ICF FAIRFAX, VIRGINIA

18 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

My husband, Mingda ’14 (Ph.D. ’10) and I have a very active 2-year-old (Col ’TBD) who manages our extracurricular activities. She has taught us the humbling lesson of taking joy in each day as it comes. We have great fun pointing out deer in the backyard, picking dried Play-Doh from the carpet, sharing pizza at Costco and dancing to her favorite musician, Sade. I’m my best self when we all go to the pool, and I can sneak off to the hot tub for a few minutes. ARE YOU WHERE YOU EXPECTED TO BE AT THIS STAGE OF YOUR CAREER AND LIFE? One thing I’ve

learned is that life doesn’t always track expectations. I took the scenic route to law school, and, looking back, I’m very satisfied with the choices that I’ve made and the lessons and successes earned along the way. WHAT DO YOU LIKE ABOUT YOUR LIFE 10 YEARS AFTER LAW SCHOOL? I feel com-

fortable in my own skin, which is a great feeling to have. Professionally, I am no longer the green first-year associate fresh out of law school. I can see the steady development of my practice and my own style. I have confidence that I am wellprepared to continue to learn from others and develop my craft for years to come. Personally, these five years have been just as rewarding. I’ve matured both as an attorney and as a spouse, mother and friend to those dear to me. Every day is a new adventure, whether that adventure is beginning a new chapter in my legal career or potty training (my daughter, to clarify).

INSIDER

WHAT ALUMNI ARE DOING 5, 10, 15 AND 25 YEARS OUT OF LAW SCHOOL DESCRIBE YOUR WORK: As a

senior associate in investment management, my work focuses primarily on fund formation and advising sponsors, advisers, investors and other parties on all aspects of fund launches—whether private equity, hedge fund or commodity pool vehicles. On any given day, I may prepare organizational and offering materials; advise clients on structuring, registration and other compliance matters; and research issues on a wide scope of topics. I love what I do, because I feel like I get to learn something new and do something different every day. WHAT ACTIVITIES DO YOU ENJOY OUTSIDE OF WORK?

10 ALLISON MUTH ’09 SENIOR ASSOCIATE ALSTON & BIRD NEW YORK

100 CHANGE AGENTS

I recently joined the Lincoln Center’s Junior Business Council, so I attend a variety of their musical, theater and dance performances. I enjoy the activities coordinated by the Virginia Club of New York, and I travel whenever possible with family, friends or solo. I’ve taken trips to Peru, Sweden, the island of Réunion, Cuba and Australia over the last couple years. I also try to fit in a little tennis when I can! ARE YOU WHERE YOU EXPECTED TO BE AT THIS STAGE OF YOUR CAREER AND LIFE? Graduating from

UVA Law in 2009, right in the middle of the economic downturn and all of the related uncertainty, I’m just incredibly happy to be at my current position in my career. I’m very fortunate to have the opportunity to work with an amazing team on interesting matters for great clients, and I am excited about the direction of my practice for the future. WHAT DO YOU LIKE ABOUT YOUR LIFE 5 YEARS AFTER LAW SCHOOL? I just pur-

chased my first apartment on the Upper East Side, I’m excited about my practice at A&B, and I’m surrounded by a phenomenal circle of friends and family in New York City. I’m looking forward to family trips to Portugal and Croatia in 2019, as well as my 10-year reunion. Things are great! SPRING 2019 UVA LAWYER 19

INSIDER

DESCRIBE YOUR WORK:

I am a tax partner in the New York office of Skadden, Arps, Slate, Meagher & Flom. My practice involves advising clients on a wide variety of U.S. and international tax matters, including public and private acquisitions, divestitures, bankruptcy reorganizations, equity and debt offerings, and joint ventures. I’ve had the privilege to represent clients in some of the largest acquisitions in the world as well as a variety of other transactions. I also serve as Skadden’s global hiring partner, which means I’m involved in every facet of our hiring process. WHAT ACTIVITIES DO

SAMUEL STUART

GAVIN A. WHITE ’04

PARTNER SKADDEN, ARPS, SLATE, MEAGHER & FLOM NEW YORK

20 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

YOU ENJOY OUTSIDE OF WORK? I enjoy

traveling, cooking and drinking wine, preferably doing at least two of the three at the same time. I typically make it to at least two new countries every year with a few domestic trips as well. I also enjoy spending time with my niece and nephews. ARE YOU WHERE YOU EXPECTED TO BE AT THIS STAGE OF YOUR CAREER AND LIFE? I never had any expectations. In law school, I did not spend time or energy reflecting on what my life or career would be like 15 years into the future. I was much more focused on the short term; I wanted to be a practicing tax attorney in New York for the first few years after I graduated. To the extent that I considered any goals on a longer time frame, it was only to conclude that I would figure out what I wanted in the future. WHAT DO YOU LIKE ABOUT YOUR LIFE 15 YEARS AFTER LAW SCHOOL? Everything.

5 10 15 25

INSIDER

❱ THE UVA MOCK TRIAL TEAM STANDS WITH THEIR COACHES AFTER A VICTORIOUS WIN IN LOS ANGELES.

DESCRIBE YOUR WORK: I am a

federal appellate judge on the Sixth Circuit Court of Appeals from Kentucky. I guess my work is what you would think of as typical for a federal appellate judge. I decide cases almost always as part of a panel of three judges. I enjoy the variety of cases, including many areas of the law that I had not previously been exposed to. Before being appointed, I was a partner in a major regional law firm in Cincinnati. My practice focused on appellate work, especially in the Sixth Circuit. WHAT ACTIVITIES DO YOU ENJOY

NATHAN CORNETET

OUTSIDE OF WORK? I have a

JOHN NALBANDIAN ’94

JUDGE U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT CINCINNATI

number of interests. I like to read, especially contemporary fiction like National Book Award and Man Booker nominees. I watch sports on TV, including anything involving UVA. My kids are a little bit older now, but I enjoy going to see my daughter’s shows (she attends a performing arts school). And I like to travel. I’ve also participated in various legal symposia, moot courts and other lawrelated events. I enjoy meeting law students and young lawyers. ARE YOU WHERE YOU EXPECTED TO BE AT THIS STAGE OF YOUR CAREER AND LIFE? Definitely not. I assumed at some point that I’d maybe be a partner at a law firm and maybe married with a family. I had no expectation that I’d ever be a judge. Someone told me that becoming a federal judge is like being struck by lightning—and it’s true. As far as my personal life, I met my wife, Caroline May ’94, at UVA in my small section and we got married a week after graduation. Everything about my personal life has far exceeded what I ever expected or deserved—a wonderful wife, two great kids, a great job, etc. WHAT DO YOU LIKE ABOUT YOUR LIFE 25 YEARS AFTER LAW SCHOOL? My family, my job— everything. I have a son who is a sophomore at the University of Louisville and a daughter who is a senior in high school who will be attending NYU next fall. My wife is a terrific lawyer who works for the federal government. We both graduated from UVA in 1994 and are looking forward to our 25th reunion and 25th wedding anniversary. I still have many friends in my class and am looking forward to seeing many of them this May.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 21

100Agents

Change

A Completely Incomplete List of UVA Lawyers Who Changed the World BY ERIC WILLIAMSON

22 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

It Started With Jefferson’s Vision

Thomas Jefferson was in a quandary when it came to prescribing a legal education for the holistic, liberal arts university he envisioned— the ambitious project that he had been methodically planning for decades, which was finally chartered on Jan. 25, 1819, and which engulfed the final years of his life. The chairs of the other educational departments would necessarily come from Europe; that was a given. But the law department, by its nature, would have to be different. The nation was developing new legal approaches, divergent from their European origin. To help steer things, Jefferson chose the books for the Law Library and created an outline for his vision: Constitutional law, international law, political theory and political economy should constitute at least half of the law course of study. He also consulted his friend James Madison, as he did on many aspects of the University’s creation, who agreed that the law chair should be an American, but urged against a rigidly prescribed curriculum. The chair went to Virginian John Tayloe Lomax, a friend of Madison’s, in 1825. Jefferson died on July 4, 1826, not long after the Law Department was fully up and running. Although Lomax was later chastised by the Board of Visitors for deviating from Jefferson’s vision of teaching law as a liberal art, in the end Lomax’s approach was integrated into

the curriculum. By the mid-1840s, law and legal practice skills were part of the program. The law school Jefferson created would go on to educate a future president and vice president—along with U.S. senators and representatives, governors, other state and IN HONOR OF OUR 200TH federal officials, diplomats and judges at every ANNIVERSARY, UVA LAWYER level (see p. 63 for a list of current federal judges). has been contemplating the Not to mention countless distinguished private innumerable ways our accomplished practitioners and academics. alumni have made an impact, and how At its founding, the Law School was a place for to honor them. white men from mostly privileged families to study It wasn’t easy, but we have chosen for this special law for a year. The school evolved with society, issue to recognize 100 alumni—five admitting the first women in 1920, and the first in each of 20 categories—that black student in 1950, when UVA became among we’ve dubbed “CHANGE the first Southern schools to desegregate with the AGENTS.” enrollment of LL.M. student Gregory Swanson ’51. We hope that the list, rather than being viewed as The school has grown more diverse demographiexhaustive, starts a discussion about cally, geographically and politically as it has trained what it means to be a “UVA lawyer” subsequent generations of graduates to lead. as we reflect on the Law School’s Jefferson’s troubling legacy as a slaveholder gives bicentennial and embark on the the University and Law School an additional reason school’s third century. to investigate and reflect upon the past this bicenWe’ll continue to share more tennial year—a process that is ongoing. stories of how UVA Jefferson dictated the language for his own lawyers are making a difference in coming issues tombstone. He wanted to be remembered for three and online. things: authoring the Declaration of Independence and the Virginia Statute of Religious Freedom, and being the “father” of the University of Virginia. Famously, his service as president of the United States goes unmentioned in his epitaph. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 23

1. Robert F. “Bobby” Kennedy ’51 An Attorney General Who Aided Civil Rights As U.S. attorney general, Robert F. Kennedy ’51 aided the civil rights movement as it made substantial leaps forward. Kennedy prosecuted corrupt Southern elections officials; pushed for further integration of federal agencies; worked to maintain the safety of the Freedom Riders, who were protesting the lax enforcement of integrated public buses in the South; and sent U.S. Marshals to Mississippi to enforce the admittance of the first African-American student, James Meredith, at the University of Mississippi. His brother, President John F. Kennedy, would later send troops to quell violence at the Mississippi campus. But sending troops into academic settings was something the administration sought to avoid. When Prince Edward County, Virginia, closed its public schools in 1959 in response to desegregation, Bobby Kennedy was largely instrumental in creating the Prince Edward Free School Association, a private coalition that formed in 1963 to raise funds and coordinate a catch-up education for the black students there. (Among the members of the biracial board of trustees was F.D.G. Ribble ’21, who was dean when Kennedy attended the Law School.) Kennedy also urged on what would become the Civil Rights Act of 1964, which he greatly influenced. It was passed under President Lyndon B. Johnson. 24 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

5Who Fought for Rights

Elaine Jones ’70, the first black female graduate of the Law School, was directorcounsel and president of the NAACP Legal Defense Fund from 1993-2004—the first woman to rise to the highest leadership role within the organization. During that period, two cases in which the fund was involved—Grutter v. Bollinger and Gratz v. Bollinger—had ascended to the Supreme Court together, testing affirmative action. In 2003, the court agreed in these cases that race could be considered in granting opportunity. “We wouldn’t have diversity in business or anywhere if we had lost,” Jones told UVA Lawyer last year. Jones previously ran the Washington, D.C., office of the Legal Defense Fund for 14 years, litigating class-action cases as she engaged in legislative activity. (During that time, she also became the first black person named to the board of governors of the American Bar Association.) Her D.C. service reshaped the federal judiciary and played key roles in securing passage of the Voting Rights Act Amendments of 1982, the Fair Housing Act of 1988, the Civil Rights Restoration Act of 1988 and the Civil Rights Act of 1991. In addition, her efforts to certify the record in Furman v. Georgia and working on subsequent criminal cases helped save the lives of many on death row. Civil cases she was involved in fought discrimination, including disparate pay and promotion as addressed in Patterson v. American Tobacco. In total, her active service to the organization spanned 34 years. Jones took a leave of absence during

UVA LAW SPECIAL COLLECTIONS/LAW SCHOOL FOUNDATION

UVA LAW SPECIAL COLLECTIONS

2. Elaine Jones ’70 Leading the NAACP Legal Defense Fund

her time at the fund to serve as special assistant to the Office of the U.S. Secretary of Transportation, where she helped

institute the new policy of women in the Coast Guard serving at sea.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 25

3. Kim Keenan ’87 Legal Chief at the NAACP

4. Jeffrey Kerr ’87 Fighting Animal Abuse

5. Mary Bauer ’90 Seeking Justice for Immigrants

From 2010-14, Kim Keenan ’87 oversaw key governance, risk management, civil rights litigation and contracts issues as chief legal counsel for the NAACP. In partnership with the CEO, she authorized all national and state direct action—from lawsuits to marches and rallies. She was only the second woman in that role, and the youngest in the position.

General counsel of People for the Ethical Treatment of Animals, or PETA, since 1994, Jeffrey Kerr ’87 and his legal team have been on the frontlines of seeking fundamental rights for animals. Victories for his team include the first defeat of so-called “ag-gag” laws that attempt to silence whistleblowers and shield the abuse of animals in the agricultural industry, the first convictions for meat-industry workers for cruelty to animals, the first conviction for fetish videos in which animals are crushed to death, and pressure on both Sea World and the Ringling Bros. and Barnum & Bailey Circus to abandon cruel practices related to whales and elephants respectively. (Ringling Bros. shut down in 2017 after years of legal complaints, and Sea World announced in 2016 that it would phase out its killer whale show.)

Mary Bauer ’90 recently rejoined the Southern Poverty Law Center to guide its efforts on immigrant justice, an underlying theme of her career. According to the center, she “provides direct representation to immigrants in five detention centers in the South and also is involved in strategic impact campaigns to change the systems that oppress immigrants.” She founded the Immigrant Justice Project at SPLC in 2004. She has written expert reports and testified before Congress on immigrant and nonresident labor issues, including the sometimes-abusive nature of guest-worker programs. Bauer previously served as executive director of the Legal Aid Justice Center in Charlottesville, and as legal director of both the SPLC and the ACLU of Virginia.

26 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

TOM COGIL

6. Robert Mueller ’73 Directing the FBI, Russia Investigation

5 in Criminal Law

With more than three dozen indictments or pleas, Robert Mueller ’73 has changed the world as special counsel looking into Russian interference in the 2016 presidential election. Mueller’s work as special counsel is part of a long, impactful career as a public servant. With his service as director of the FBI following the attacks of Sept. 11, 2001, Mueller converted the bureau from a mostly after-the-fact, crime-solving organization to one focused on threat prevention. He oversaw a reorganization of the bureau that involved the retraining of existing agents, and the massive hiring of new ones—all the while improving coordination with outside law enforcement agencies and the intelligence community. His tenure was also noted for opposing the George W. Bush administration’s “Stellar Wind” domestic surveillance program. Prior to leading the FBI, Mueller led the Justice Department’s Criminal Division, overseeing investigations into the terrorist attack on Pan Am Flight 103, and the criminal activities of Panamanian dictator Manuel Noriega and crime boss John Gotti, among other cases.

Mueller was featured in UVA Lawyer in 2002.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 27

BARNES & THORNBURG

8. John Gleeson ’80 Making Charges Stick Against the ‘Teflon Don’

7. Roscoe C. Howard Jr. ’77 U.S. Attorney, Compliance for ZTE Roscoe Howard ’77 tried more than 100 cases as a federal prosecutor. He served as the U.S. attorney for the District of Columbia from 2001 until 2004, and oversaw the investigation into the 2001 anthrax mailings. He currently serves as compliance coordinator for the settlement between the Department of Commerce and ZTE, the Chinese multinational telecommunications equipment company that pled guilty to illegally exporting U.S. technology to North Korea and Iran. He is a partner in the Washington, D.C., office of Barnes & Thornburg.

28 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

It took some trial and error, but John Gleeson ’80 learned from past mistakes to win the 1992 conviction of mob boss John Gotti, who remained in prison until his death. Despite living in a modest Queens home and claiming to be a salesman, Gotti was actually head of the powerful Gambino crime family, which controlled underground gambling, narcotics and loan-sharking industries from New York. “Since taking over an empire that experts estimate grosses at least $500 million yearly from illegal enterprises, Gotti has become organized crime’s most significant symbol of resistance to lawenforcement since Al Capone cavorted in Chicago 60 years ago,” opined the New York Times Magazine in 1989. Gotti’s reign as crime boss began in 1985, the same year Gleeson, today a law firm partner and retired federal district judge, became assistant U.S. attorney for the Eastern District of New York. Previous prosecutions, which included witness intimidation and jury tampering, had resulted in high-profile acquittals for Gotti. Gleeson himself had been co-counsel on a 1987 federal racketeering case that failed to stick against the so-called “Teflon Don.” But this time would be different. Gleeson, U.S. Attorney Andrew J. Maloney, and the other lawyers and law enforcement on the case took a pragmatic approach. They kept the case as simple as possible—and went for the head, Gotti. Incriminating wiretap recordings persuaded Gotti’s right-hand man, “Sammy the Bull” Gravano, to flip and provide testimony against his boss. Signing off on the strategy was then-U.S. Assistant Attorney General for the Criminal Division Robert Mueller ’73. The prosecution then convinced Judge I. Leo Glasser to sequester the jury and keep them anonymous. The team also

UNIVERSITY OF ALABAMA SCHOOL OF LAW

convinced Glasser to disqualify three lawyers and multiple witnesses Gotti hoped would aid his defense. In court, the prosecution presented only the strongest six hours of surveillance recordings from 18 months of FBI field work. As co-counsel with Maloney, the unassuming Gleeson, then 38, questioned most of the witnesses during the trial and “served as the courtroom point man,” The New York Times reported upon the trial’s outcome. “Mr. Gleeson … presented the evidence with a calm professorial air, ignoring Mr. Gotti’s arm-swinging bravado and violent glares. Mr. Gleeson’s boyish appearance, the dark wavy hair, the horn-rimmed glasses and earnest voice, seemed to enhance the sincere image—a James Stewart character, perhaps, upholding truth against the mob.” Gotti was convicted of five murders, conspiracy to commit murder, racketeering, obstruction of justice, tax evasion, illegal gambling, extortion and loan-sharking. When asked how it felt to get his man, Gleeson modestly deflected, “I didn’t get John Gotti.” But the outcome spoke to the contrary. Gleeson received the Thomas Jefferson Foundation Medal in Law in 2016 for his career’s work.

9. Joyce White Vance ’85 First Material Support of Terrorism Case As U.S. attorney for the Northern District of Alabama from 2009-17, Joyce White Vance ’85 was the first to charge a material support of terrorism case in the district and prosecuted the first cybercrime cases there, established a civil rights enforcement unit in the office, and aggressively prosecuted heroin traffickers and cases of fraud and public corruption. Prior to the appointment, she was chief of the Appellate Division, and before that, worked in the Criminal Division. Early in her career, she investigated Eric Robert Rudolph, who bombed a Birmingham abortion clinic, killed a police officer and set off a string of church fires—he was also Atlanta’s “Olympic Park Bomber”— and successfully prosecuted five police officers charged with conspiracy to violate civil rights.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 29

DAN ADDISON/UVA COMMUNICATIONS

Katie Clifford ’15, then president of the Virginia Innocence Project Pro Bono Clinic, clinic director Deirdre Enright ’92 and Mario Peia ’15 participated in the “Serial” podcast.

10. Deirdre Enright ’92 and the Innocence Project For Over a Decade, Freeing the Falsely Convicted Emerson Stevens and Darnell Phillips would say the Innocence Project at UVA Law changed the world. So would Messiah Johnson, Bennet Barbour, Edgar Coker, Gary Bush and others. These ex-prisoners, falsely convicted of serious crimes such as rape and murder, are all free because of the work the project has done over the past decade to demonstrate their innocence. Stevens was convicted of the 1985 abduction and murder of Mary Keyser Harding, a Lancaster, Virginia, mother of two. His sentence was set at 164 After serving 28 years in jail, Darnell Phillips hugs Dennis years. Barrett ’09, who worked on Phillips’ case in the first Phillips was convicted of the year of the clinic. 1990 rape of a child in Virginia Beach, Virginia, and sentenced to 100 years in prison. Phillips walked out of prison in September 2018 and Stevens in May 2017. In both cases, clinic directors Deirdre Enright ’92, who founded the project at UVA Law, and Jennifer Givens were on hand to greet their clients. Stevens, shortly after being released, donned a shirt that read, “Sorry, I can’t hear you over the sound of my freedom.” Phillips raised his hands to the sky and felt the rain. The Innocence Project Clinic is the main forum for the project’s efforts. The for-credit class gives students practical experience investigating and litigating wrongful convictions in Virginia. These days, the for-credit clinic operates alongside a

30 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

separate, extracurricular student pro bono clinic. Enright and Givens said much of their time is spent following a thread that may take years to unravel. Sometimes it’s connections that pay off, as in the Stevens case. The evidence didn’t add up and the project had serious questions about how the investigation was conducted. They knew documents existed that could shed light on their concerns and, perhaps, turn the case. “We went through three commonwealth’s attorneys and two sheriffs before we found those files,” Enright said. “It was only because the new sheriff called us when someone on his staff found a box in the room for incinerating and brought it to his attention that we got the files.” Givens added, “Deirdre had spent years in Lancaster County developing a relationship with that office. The scary thing is, it so easily might not have happened.” Other discoveries involve greater happenstance. In the case of Phillips, the prosecutor told Phillips and the trial court that the physical evidence in the case had been destroyed. But Givens randomly learned that might not be the case while speaking on the phone with a Virginia Beach court clerk in 2015.

“She said, ‘We have a bag of stuff here,’” Givens said. “Nobody had ever said that before.” Givens and two students drove to the courthouse evidence room and discovered that a rape kit and garments from the original investigation indeed had been in storage, but had never been tested. The directors said finds like these don’t mean the battle has been won. It’s usually just a start. In Phillips’ case, after two labs failed to come up with anything conclusive from the time-denigrated samples, a third lab in California found evidence during the summer of 2017 that at least two men had touched the garments, and neither man was Phillips.

5 Government Servants

11. Mortimer Caplin ’40 Friendlier Tax Collection A centenarian and the first Jewish law

beachmaster during the Normandy Invasion in World War II, and was cited as a member of the initial landing force on Omaha Beach.

recently, he was counsel to President Donald Trump’s transition team.

13. Edwin Lane Kneedler ’74 Supreme Court Argument Ace

from 2009-13, Luis Fortuño ’85 helped the U.S. territory implement major reforms. Its bond rating increased

An employee of the Justice Department since 1975, Deputy U.S. Solicitor General Edwin Lane Kneedler ’74 has argued more cases at

twice and, from 201112, Puerto Rico experienced economic growth for the first time in the previous six years.

professor at the University of Virginia, Mortimer Caplin ’40 served as IRS commissioner from 1961-64. His tenure is remembered as ushering in a kinder, friendlier approach to tax collection. He sent along a note to taxpayers, in his own name, appealing to their sense of citizenship and patriotism, stating “taxes are necessary for the kind of orderly government which will preserve America and its way of life.” He also was the first commissioner to utilize computing to process the vast amount of incoming data. He later founded Caplin & Drysdale, one of the nation’s leading tax law firms, with Doug Drysdale ’53. Before his career in government and as a professor, Caplin served as U.S. Navy

15. Emily Webster Murphy ’01 GSA Administrator

AP PHOTO/CHARLIE DHARAPAK

Enright followed up on the new evidence by flying to see the victim, now an adult, who said in a sworn affidavit that police used deception to convince her to name Phillips as her attacker. They told her that Phillips had assaulted other children, that his alibi did not check out and that her blood was found on his underwear at his home—none of which was true. Her statement turned out to be what was most persuasive to Virginia’s parole board, the directors said. While both Phillips and Stevens have been freed by the board, neither have been fully exonerated, and the project continues to represent them. Dennis Barrett ’09, an attorney with Schaner & Lubitz who was a member of the original Innocence Project Clinic and the first student to work on Phillips’ case, said the clinic has had a meaningful impact for both the clients and the students. “Most importantly, the clinic has helped free a man that has been unjustly imprisoned for nearly three decades, but I also know the clinic has had an indelible impact on those students fortunate enough to work on it,” Barrett said. “Few of us will end up with a job working on wrongful convictions full time, but none of those who have worked at the Innocence Project will leave the experience without a profoundly different view of the justice system that we’ll carry forward in our personal Darnell Phillips greets his mother after being and profesreleased from prison. sional lives.” The effort got its start at the urging of now-UVA President Jim Ryan ’92, then vice dean, in coordination with then-Dean John C. Jeffries ’73. The clinic expects to add a third attorney this year thanks to the generosity of a matching fundraising campaign instigated by Jason Flom, a founding board member of the national Innocence Project.

12. Fred Fielding ’64 White House Counsel Fred Fielding ’64 served as White House counsel to Presidents Ronald Reagan and George W. Bush. He was associate White House counsel under President Richard Nixon—and falsely rumored to be “Deep Throat,” The Washington Post’s unnamed source in the Watergate scandal. Most

the U.S. Supreme Court than any other practicing lawyer. “The biggest case he participated in, he said, would be the defense of [President Barack] Obama’s Affordable Care Act, which the court mostly upheld on a 5-4 opinion by [Chief Justice John] Roberts,” The Washington Post reported in 2014. “Which is not the same as saying Kneedler favored the act. Both Republicans and Democrats who have worked with Kneedler say they have no idea about his political leanings.”

14. Luis Fortuño ’85 Governor of the Commonwealth of Puerto Rico As 10th governor of the commonwealth of Puerto Rico, 100 CHANGE AGENTS

With decades of experience in government contracting and

procurement, Emily Webster Murphy ’01 currently serves as administrator of the General Services Administration, where she is responsible for annual contracts totaling $54 billion and leads a workforce of 11,600 full-time employees.

SPRING 2019 UVA LAWYER 31

5 in International Law

John Bassett Moore 1880 was the first American to serve as a justice on the Permanent Court of International Arbitration at The Hague, or the World Court. The Permanent Court, however, was not so permanent. It existed from 1922 to 1946, addressing international disputes under the League of Nations. The court was replaced by the International Court of Justice— also informally known today as the World Court—under the United Nations. In addition, Moore was a counselor to the peace process following the Spanish-American War and started the “Digest of International Law,” among other public service and academic roles. He served as an assistant secretary of state (and later acting secretary of state) and took the first full professorship in international law at Columbia University. The studentrun John Bassett Moore Society of International Law, founded in 1951 and the oldest organization of its kind in North America, was named in his honor. 32 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

WIKIMEDIA COMMONS

16. John Bassett Moore 1880 First American on the World Court

17. Woodrow Wilson 1880 His Path to Presidency and a Bigger Vision What a person reacts against can be a powerful motivator for changing the world. Thomas Woodrow Wilson 1880, a native of Staunton, Virginia, studied law at the University of Virginia from 1879-80 but never finished his degree. His departure was ascribed to illness, although it could have been a confluence of factors. He reportedly found the instruction dry, was disappointed in being awarded second place in a debate and essay contest, and was afflicted with unrequited love for his cousin Hattie Woodrow, who also lived in Staunton. Regardless of his reasons for leaving, he finished studying law on his own at his family’s home in Wilmington, North Carolina, until he was able to pass the bar examination in Georgia. Seeing opportunity, he set up practice in Atlanta with a friend from UVA.

He soon grew disenchanted with the legal field, however. How he intended to practice law, and what people were willing to pay for, were two different matters. “Here the chief end of man is certainly to make money, and money cannot be made except by the most vulgar methods,” Wilson wrote. “The studious man is pronounced impractical and is suspected as a visionary. Atlanta students of specialties—except such practical specialties as carpentering, for instance—are classed together as mere ornamental furniture in the intellectual world—curious perhaps and pretty enough, but of very little use and no mercantile value.” To his parents’ disappointment, he quit law after only a year. Although he would still refer to himself as a lawyer when it was expedient, he went on to study political science and history at Johns Hopkins University, where he earned his Ph.D. He ascended in academia to become president of Princeton University—his jumping-off point for his subsequent political career. He became governor of New Jersey, then the 28th president of the United States. In concert with Wilson, Congress approved a new federal income tax, and established the Federal Reserve Bank and the Federal Trade Commission, among other major reforms. Wilson’s policies were considered progressive domestically and activist on the world stage. Following World War I, he proposed and championed the League of Nations—the aims of which, he made sure, were not obscured by the “pettifoggery” of lawyers. The intergovernmental organization was founded on Jan. 10, 1920, as a product of the Paris Peace Conference. The United States never joined the league, nor did the league ever achieve its lofty goal of world peace. But before being dissolved and absorbed by the United Nations, Wilson’s brainchild was important to expanding the rule of law in the world and for the ideas of collective security and settling international disputes through negotiation and arbitration. Wilson was not progressive on all issues, however. His track record in regard to African-American rights, including allowing segregation among federal workers while he served as president, is considered abysmal, and was far from world-changing for them. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 33

Before he was dean of the Law School, Hardy Cross Dillard ’27 changed the world through his service as an officer, civilian affairs planner and legal adviser. He served as a colonel in the Army during World War II, as a commander of Civil Affairs overseeing planning for the occupation of Japan and the retaking of Western Europe from the Nazis, as the first director of the National War College and as legal adviser to the High Commissioner of Germany. After he was dean (1963-68), Dillard changed the world as an appointee to the International Court of Justice at The Hague, also known as the World Court. 34 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

From 1970-79, he adjudicated 10 cases. Two of the cases involved France’s atmospheric testing of nuclear weapons in the South Pacific. In May 1973, Australia and New Zealand instituted proceedings against France, seeking a shield from nuclear contaminants that might reach their borders. The court took provisional measures on their behalf the following month, warning France by court order that it should avoid encroachment. French officials, despite denying the court had jurisdiction, ultimately said that their country would suspend aerial experiments upon the completion of the 1974 series of tests.

On Sept. 11, 2001, terrorists affiliated with al-Qaida used air transportation as a tool to wage war against the United States. Janet Napolitano ’83 helped reclaim air safety. As the third secretary of the Department of Homeland Security, serving from 2009-13, Napolitano expanded information-gathering on travelers in an effort to identify potential threats while also making flying easier for everyday passengers. PreCheck and The Passenger Name Record Agreement between the United States and the European Union are two such efforts that reached fruition during her tenure at the department, which oversees the Transportation Safety Administration. Napolitano was quoted by The Atlantic as saying PreCheck, the opt-in program for so-called “known travelers” willing to submit to background checks, is “the most popular thing I’ve ever done in public service.” The program allows precleared passengers to skip long lines. More controversial, however, has been the ongoing collection of passenger name records attached to flights. In addition to booking details, the “PNR” contains personal data about travelers, such as credit card numbers and internet protocol addresses that identify electronic devices, among other sensitive information. The data is reportedly processed in bulk through computer models to make risk assessments and only used for the purposes of law enforcement. Napolitano also shaped immigration policy as secretary of homeland security, including with her initiation of Deferred Action for Childhood Arrivals, more frequently referred to as “DACA.” The program allows some individuals who were brought to the U.S. to remain here for renewable two-year periods and creates eligibility for a work permit in the United States. Felonies and serious misdemeanors are disqualifying for candidates,

JACK LOONEY

UVA LAW SPECIAL COLLECTIONS/LAW SCHOOL FOUNDATION

18. Hardy Cross Dillard ’27 Putting Nuclear Testing to the Test

19. Janet Napolitano ’83 Air Security After 9/11

INTERNATIONAL COURT OF JUSTICE

20. Yuji Iwasawa S.J.D. â&#x20AC;&#x2122;97 New Judge on the World Court Napolitano visited the Law School during her tenure as Homeland Security secretary to receive the 2010 Thomas Jefferson Foundation Medal in Law.

and the program is not a path to citizenship. President Barack Obama announced the policy change on Aug. 15, 2012. Napolitano was the first woman to

serve in three high-profile government roles: attorney general of Arizona, secretary of homeland security and president of the University of California.

In 2018, Yuji Iwasawa S.J.D. â&#x20AC;&#x2122;97 became the latest UVA Law alumnus to join the bench of the International Court of Justice. The University of Tokyo professor has served as chair of the U.N. Human Rights Committee, president of the Japanese Society of International Law and vice chair of the London-based International Law Association. He also served as judge and vice president of the Asian Development Bank Administrative Tribunal in Manila, Philippines. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 35

NAVAL HISTORY AND HERITAGE COMMAND

5 Military Leaders

21. Arthur Murray Preston ’38 Recipient of the Medal of Honor A practicing lawyer when World War II called Americans to duty, Arthur Murray Preston ’38 joined the Navy and, as a lieuten36 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

Then-Lt. Cmdr. Arthur Murray Preston receives the Congressional Medal of Honor from President Harry S. Truman.

ant in a torpedo boat squadron, commanded the rescue of a downed Navy pilot off of Indonesia’s Halmahera Island. According to his Medal of Honor citation, Preston’s two PT boats traversed mine-laden waters and approached within less than 200 yards of a Japanese mooring station, where hostile fire was constant.

“Under continuous fire for 2½ hours, Lt. Comdr. Preston successfully achieved a mission considered suicidal in its tremendous hazards, and brought his boats through without personnel casualties and with but superficial damage from shrapnel,” the citation reads. He went on to achieve the rank of commander before exiting the Navy.

JESÚS PINO NAVAL HISTORY AND HERITAGE COMMAND

Lt. Gen. Charles Pede ’87 with Brig. Gen. Paul S. Wilson ’89 at Wilson’s retirement ceremony Aug. 4, 2017 at the JAG School. Then-Lt. Cmdr. Arthur Murray Preston receives the Congressional Medal of Honor from President Harry S. Truman.

22. Lt. Gen. Charles Pede ’87 Commanding General of JAG

23. Brig. Gen. Paul Wilson ’89 Former JAG Commander

Lt. Gen. Charles Pede ’87 is the 40th judge advocate general of the U.S. Army. The military lawyer leads the Judge Advocate General’s Corps and the JAG School in Charlottesville. Retired Brig. Gen. Paul

Wilson ’89 formerly led the JAG School in Charlottesville and the Army’s Legal Service Agency, and is a former chief judge of the U.S. Army Court of Criminal Appeals.

24. Brig. Gen. Richard Gross ’93 At the President’s Side Brig. Gen. Richard Gross ’93 served as legal counsel to the chairman of the Joint Chiefs of Staff, the nation’s highestranking military officer and principal military adviser to the president.

25. Cmdr. Anne Marks ’01 Navy JAG Advocate Cmdr. Anne Marks ’01 a Navy judge advocate general, serves as staff judge advocate to Commander, Navy Region Mid-Atlantic, and is a former senior judge of the Navy-Marine Corps Court of Criminal Appeals. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 37

5 Virginia Voices 26. John Warner ’53 Serving Virginia, Protecting the Nation

38 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

UVA LAW SPECIAL COLLECTIONS/VIRGINIA LAW WEEKLY

John Warner ’53 served five terms as a Republican U.S. senator— becoming the second-longestserving senator from Virginia. As chairman of the Armed Services Committee, he helped beef up the nation’s military while simultaneously boosting Virginia’s economy via its military installations and shipbuilding companies. He also served on the Environment and Public Works Committee, the Senate Committee on Health, Education, Labor and Pensions, and the Senate Select Committee on Intelligence. Warner’s significant legislation included being a co-sponsor of America’s Climate Security Act of 2007, which proposed a marketbased “cap and trade” approach to dealing with the greenhouse gas emissions associated with climate change. He was also an important voice in deterring future torture and abuse in the war on terror, arguing that violations of the Geneva Conventions by the U.S. can only harm American prisoners in the future. Even before he entered elected office, Warner was protecting the nation and its military. His signature accomplishment as U.S. secretary of the Navy was executing the U.S.-Soviet Incidents at Sea agreement. The 1972 pact forged by Warner and his counterpart, Soviet Navy Commander-in-Chief Fleet Admiral Sergey Gorshkov, instituted provisions to avoid unintended naval engagement be-

Warner in 1993.

tween the two superpowers—and to avoid escalation in the instance of encounter. Warner rose to secretary after being appointed undersecretary by President Richard Nixon. He previously served in

the Korean War as a Marine. He also was once married to actress Elizabeth Taylor. Today, he is a senior adviser to Hogan Lovell and married to Jeanne Vander Myde.

Professor A. E. Dick Howard ’61 joined the faculty in 1964. Four years later, he was asked to be part of the team that would provide a much-needed update to Virginia’s fundamental legal language—its Constitution. The 11-member Virginia Commission on Constitutional Revision included famed civil rights attorney Oliver W. Hill; future U.S. Supreme Court Justice Lewis F. Powell Jr.; two former Virginia governors, Albertis S. Harrison Jr. ’28 and Colgate W.

TOM COGILL

27. A. E. Dick Howard ’61 Constitutional Framing in Virginia and Abroad

Darden Jr. (the latter of whom was also a UVA president); and Hardy Cross Dillard ’27, who was the Law School’s dean from 1963-68. Howard served as executive director. His role was primarily as a draftsman to the commissioners, he said. “My appointment,” he recalled. “was not anything I had planned. My good fortune was to be around at the right time.” There was much to fix from the previous constitutional overhaul in 1902. Poll requirements that disenfranchised black voters and mandates for public segregation had been rendered moot by federal civil rights legislation—but these stains on 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 39

40 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

One flyer depicted Howard leading a voter, drawn as a mouse, into a giant mousetrap; it warned of loss of local government control. A conspiracy theory floating around in southern parts of the state was that the change would impose forced school busing. It helped Howard’s cause that he had friendly locals, such as county sheriffs, introduce him wherever he visited. He also studied the past mistakes of other states that had attempted constitutional revisions and failed. Instead of a “take it or leave it approach,” the revisions went on the ballot as four separate questions. In 1971, the ballot items each passed by votes of 63 percent or greater. The ballot item containing the main body of the Constitution passed by 72 percent. Howard said a core argument probably made the difference. With so many Virginia state laws under challenge, “rewriting the Virginia Constitution was a way for Virginians to take control of public affairs in their own hands.” His success in the drafting and with the ratification campaign, along with his growing national visibility as a constitutional expert and commentator, led to new opportunities in the 1990s with the fall of the Soviet Union. “I found myself getting invitations to work with post-Communist countries,” he said. “What a God-given moment, to be at the elbows of drafters in foreign capitals. Not having been able to be in Philadelphia in 1787, this was not a bad second-best.” To date, Howard has “compared notes” with revisers of constitutions in Brazil, Hong Kong, the Philippines, Hungary, Czechoslovakia, Poland, Romania, Russia, Albania, Malawi and South Africa. Howard in the 1970s.

UVA LAW SPECIAL COLLECTIONS/VIRGINIA LAW WEEKLY

history still needed to be removed. The constitution was likewise a mess in terms of its length and organization. “The old constitution was a hodgepodge,” Howard said. “Not only that, it was racist and populist.” Other issues the commission addressed in the revision, pared down to a svelte 18,000 words (half the length of its predecessor), included fairness with school funding, partisan gerrymandering and the environment. Howard served as counsel to the General Assembly as it refined and approved the final recommended language. “The legislature made further changes,” he said. “They actually made some improvements. I was a skeptic when I went down to Richmond, but I was impressed with how the General Assembly rose to the occasion.” But even with the blessing of both Virginia houses, his work wasn’t done. Gov. Linwood Holton asked Howard to lead the referendum campaign for the new constitution’s approval by the people. It was a daunting request. He had no experience running a campaign, yet he knew the subject better than anyone. What he didn’t know was who or what he would be up against. “How will the political winds blow?” he asked. Howard traveled across the state, speaking to any group that would have him, sometimes three or four times a day. He enjoyed using his gift for public speaking, which was part practice, part genetics. He had an uncle who was an evangelical preacher. “I had to go out and talk to farmers and workers and all kinds of folks,” he said. The experience helped refine his pitch, because “they asked common-sense questions.” Although he hadn’t polled public sentiment, he predicted significant opposition. And he was right.

Terry is sworn in by Gov. Douglas Wilder.

Prominent Civil Rights Attorney Harold Marsh ’66 was a managing partner in the noted Virginia law firm Hill, Tucker & Marsh. He was a civil rights attorney, substitute judge and mentor to youth in his community before he was gunned down at a Richmond intersection in 1997, apparently by a disgruntled man facing eviction by one of Marsh’s clients. Marsh “battled racial discrimination in employment and successfully forced Virginia to adopt single-member legislative districts, opening the door to the election of more African-Americans to the General Assembly,” the Richmond Free Press reported in 2016. That year, the general district courthouse in South Richmond was named the Henry L. Marsh III & Harold M. Marsh, Sr. Manchester Courthouse. Henry Marsh, his brother, was also a managing partner at Hill, Tucker & Marsh and a state politician who served in the Virginia Senate and as Richmond’s mayor. Hill, Tucker & Marsh changed names over the years but maintained a storied history of fighting for the civil rights of its clients, beginning in the era of Jim Crow.

29. Mary Sue Terry ’73 First Woman Elected to Statewide Office in Virginia The first woman elected to statewide office in Virginia was Mary Sue Terry ’73, in 1985. Terry was the second woman to serve as attorney general of any U.S. state, serving two terms. She successfully argued eight cases before the U.S. Supreme Court. She negotiated the recall of 13,000 defective Ford ambulances, and her office also notably convicted the controversial political activist Lyndon LaRouche for mail fraud, conspiracy to commit mail fraud and tax evasion. Before serving as attorney general, she was a member of the Virginia House of Delegates and an assistant commonwealth’s attorney in Patrick County. She is a former president of the National Association of Attorneys General.

30.

TOM COGILL

Harold Marsh ’66

AP PHOTO/STEVE HELBER

28.

Angela Ciolfi ’03

A Voice for Indigent Justice Angela Ciolfi ’03, a champion for the rights of the indigent, is director of the Legal Aid Justice Center in Charlottesville. Her recent work includes advocating against Virginia’s practice of suspending driver’s licenses when residents owe court fines they cannot pay. Ciolfi has litigated significant cases in the Supreme Court of Virginia and the Fourth U.S. Circuit Court of Appeals. Through her previous work directing the center’s JustChildren program, she fought successfully to require public schools to publish suspension and expulsion data broken down by race, gender and disability, and to roll back so-called “zero tolerance” suspension policies. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 41

5 Business Leaders

32. Barbara Jeremiah ’77 Alcoa Exec Barbara Jeremiah ’77 was executive vice president of Alcoa from 2002-08, in

charge of corporate development, following a long career with the company, which is the eighthlargest producer of aluminum in the world. She has been a director or board member of a number of other industry and financial groups, as well on the board of the Pittsburgh Ballet.

31. Bob Wright ’68 NBC and Advocacy Bob Wright ’68 was president and CEO of the National Broadcasting Co. from 1986-2001, and chairman and CEO from 2001 until his retirement in 2007. Under Wright’s leadership, NBC went from a $400 million company on relatively hard times to a multibillion-dollar conglomerate. For many viewers, “Must See TV” in the 1990s, which included the first broadcasts of “Friends” and “Seinfeld,” was also a cultural touchstone. Wright went on to help found advocacy groups around the issues of autism and pancreatic cancer, both of which affected his own family. His wife Suzanne died of cancer in July 2016.

42 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

33. Ned Kelly ’81 Financial Industry Leader

and as vice chairman until April 2010. The company paid back $20 billion in government bailout money in December 2009 as part of the government’s Troubled Asset Relief Program. He passes forward his experiences during those years as a lecturer at UVA Law. Among numerous other roles in the financial industry, Kelly was also a managing director at JPMorgan Chase and Co., where he was an architect of the company’s merger with Chase Manhattan. He is currently a director of CSX Corp., XL Group and MetLife.

as chief financial officer from March through July 2009,

George Kliavkoff ’93, president of entertainment and sports at MGM Resorts International, has helped build the business of innovative media

34. Louise Sams ’85 Tuned In to Turner Louise Sams ’85 is executive vice president and general counsel for the media conglomerate Turner, which brings the world news and entertainment (everything from CNN to the

Before his retirement in 2014, Ned Kelly ’81 held numerous key roles with Citigroup Inc., starting in 2008—the year the financial crisis hit. He helped the financial group recover

the financial group

35. George Kliavkoff ’93 Media Innovation

Cartoon Network). She oversees the legal matters, and a staff of 110 lawyers worldwide, of this largely autonomous unit of Time Warner. From 2003-12 she held dual executive roles, also serving as president of Turner International.

and entertainment companies. He was most recently CEO of the virtual reality entertainment company Jaunt VR. He has also served as co-president and group head of Hearst Entertainment, the largest and most profitable privately held media company in the U.S.; chief digital officer of NBC Universal Media, where he helped launch Hulu; executive vice president of business at Major League Baseball, where he was an early member of the Advanced Media Group, which delivers the sport’s digital content; and head of the business development group at Real Networks, known for its then-innovative RealPlayer.

5 General

38. Tracy Preston ’91 Neiman Marcus

Counsel 36. R. Hewitt Pate ’87 Chevron As Chevron’s chief legal officer since 2009, R. Hewitt Pate ’87 directs worldwide legal affairs and serves on its Executive Committee. Active in more than 180 countries, Chevron is one of the world’s largest oil companies.

Pate was previously a long-time partner at Hunton & Williams in Washington, D.C., where he headed the firm’s global competition practice. He also served as assistant attorney general for the Antitrust Division of the U.S. Department of Justice, and deputy assistant attorney general. He taught as Ewald Distinguished Professor of Law at the Law School in 1999.

37. Deborah Platt Majoras ’89 Procter & Gamble As the chief legal officer at the multinational consumer goods giant Proctor & Gamble and co-chair of P&G’s Citizenship Board, Deborah Platt Majoras ’89 is mindful of the under-representation of women and minorities in large corporations, and is helping to do something about it. According to P&G’s 2018 Citizenship Report, the company, which reported $66.8 billion in net sales the previous year, now has 46 percent female representation among its managers globally—with the goal of reaching 50 percent. In addition to her work on female representation, Majoras is an advocate for diversity as executive sponsor of the GABLE (Gay, Ally, Bisexual, Lesbian and Transgender Employees) resource group. She also established both global and local pro bono programs for P&G’s legal team, which includes about 500 professionals whom she oversees. Majoras is a former chairman of the U.S. Federal Trade Commission, where she focused on protecting consumers from spyware, online fraud and identify theft.

Tracy Preston ’91 is senior vice president and general counsel for the retail conglomerate Neiman Marcus.

39. Michael Wu ’92 Carter’s

40. David Hyman ’93 Netflix As general counsel for Netflix, David Hyman ’93 oversees 300 attorneys at the juggernaut internet entertainment service.

Michael Wu ’92 is senior vice president, general counsel and secretary of Carter’s Inc., an American designer and marketer of children’s apparel.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 43

5 in Investing 41. Brian Powers ’74 Hellman & Friedman Brian Powers ’74 is senior adviser and chairman emeritus of the private equity investment firm Hellman & Friedman. Branded a “financial alchemist” in the 1980s by The New York Times, he led H&F’s worldwide investments in media, professional services, telecom, software and technology service industries.

43. Bruce Karsh ’80 Oaktree Capital Management Bruce Karsh ’80 is co-founder, cochairman and chief investment officer of Los Angeles–based Oaktree Capital Management, a global investment management company with $120 billion of assets under management. He also serves on

42. Mina Gerowin Herrmann ’76 Paulson Europe

the executive board of the NBA’s Golden State Warriors, of which he and Martha Lubin Karsh ’81 are co-owners.

44 UVA LAWYER SPRING 2019

46. Pete Ruegger ’74 Simpson Thacher & Bartlett

She also held several positions at JPMorgan, ultimately overseeing over $700 billion in investment assets.

45. Ted Eliopoulos ’89 Morgan Stanley

Mina Gerowin Herrmann ’76, business

executive and hedge fund manager, was managing partner at Paulson Europe in the run-up to the financial crisis. She predicted the collapse of the subprime mortgage market, which made her company one of the few winners in the financial industry during the downturn. She is currently on the board of CNH Industrial NV.

5 in Law Firms

100 CHANGE AGENTS

partnerships, specifically for Ted Eliopoulos ’89. He was previously the chief investment officer of the $360 billion California Public Employee Retirement System.

Melvin Hollowell ’84 serves as managing partner of the Miller Law Firm in Detroit.

47. J. Warren Gorrell Jr. ’79 Hogan Lovells J. Warren Gorrell Jr. ’79 is CEO emeritus of Hogan Lovells

The $471 billion investment bank Morgan Stanley recently created a new position, vice chairman of investment management and head of strategic

44. Catherine Keating ’87 BNY Mellon Wealth Management Catherine M. Keating ’87 recently joined Bank of New York Mellon Corp. as CEO of BNY Mellon Wealth Management and a member of the company’s executive committee. She was previously president and CEO of the asset management firm Commonfund, and the company’s first woman in that role.

Pete Ruegger ’74 became a partner of the New York-headquartered Simpson Thacher & Bartlett in 1981 and served as chairman of the executive committee of the international law firm from 2004 until his retirement in 2013.

48. Melvin Hollowell ’84 The Miller Law Firm

and a partner in the corporate group based in the Washington, D.C., and New York offices. He served as chairman of Hogan & Hartson (now Hogan Lovells) from January 2001 to May 2010 and as co-CEO of Hogan Lovells from May 2010 to June 2014. Gorrell was one of a handful of leaders of major law firms who maintained a substantial practice while managing the firm.

He previously won 100 percent recovery for a class who lost retirement pay in Davidson v. Henkel of America, Inc. Prior to managing the law firm, Hollowell was appointed as Detroit’s chief legal officer following the city’s bankruptcy filing, helping to turn the city around.

49. Susan Murley ’86 WilmerHale A co-managing partner of the Boston firm WilmerHale, as well as a partner in the Corporate Practice Group, Susan

Murley ’86 is a member of the firm’s management committee who joined the firm in 1986.

50. Beth Wilkinson ’87 Wilkinson, Walsh + Eskovitz Beth Wilkinson ’87, who as special counsel to the deputy attorney general successfully argued for the execution of Oklahoma City bomber Timothy McVeigh, has had a distinguished career in both private practice and public service. In addition to roles with the

Justice Department, she served as vice president, general counsel and corporate secretary to Fannie Mae, helping to rebuild the lender’s image after accounting scandals. Through her firm, Wilkinson, Walsh + Eskovitz, Wilkinson is currently defending the NCAA against a lawsuit that argues capping the amount of money a college athlete can earn is a form of price fixing. She was formerly a partner with Paul, Weiss.

5 Nonprofit Leaders

52. Jane Genster ’76 Focused on Education

51. Michael Horvitz ’75 Supporter of American Cultural Institutions Parkland Management Co. Chairman, Michael Horvitz ’75 has an extensive history on the boards of some of America’s most prominent cultural institutions, including the Milton A. and Charlotte R. Kramer Charitable Foundation, the Musical Arts Association, the Cleveland Museum of Art and The Frick Collection.

Jane Genster ’76 is retired president and CEO, and continuing board member of Cristo Rey Network, a national network of 32 Catholic inner-city high schools that integrate rigorous academic preparation with four years of real-world work experience to prepare students from economically disadvantaged families for college. She is a former vice president and general counsel at Georgetown University.

53. David W. Carr Jr. ’93 Preserving the Environment David W. Carr Jr. ’93 is general counsel and a public lands and renewable energy policy expert at the Southern Environmental Law Center in Charlottesville. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 45

54. Katie Redford ’95 Merging Human Rights and the Earth’s Rights The road to the pioneering Doe v. Unocal and EarthRights International began with two first-year law students, Katie Redford ’95 and Tyler Giannini ’95, studying human rights abuses in Burma related to the logging industry. There, they learned that additional human rights abuses—murder, rape and forced labor—were associated with a pipeline being built by the American-owned oil company Unocal, in association with the French-owned company Total. Redford wrote a paper in her third year advancing her belief that American corporations could be sued under the Alien Tort Claims Act. The act, dating back to 1789, provided jurisdiction for “aliens” (someone who is not a citizen or national) to sue for “violation of the law of nations or a treaty of the United States.” A year after graduation, Redford put her theory to the test. In Doe v. Unocal, she and Giannini helped plaintiffs sue in California’s state and federal courts, resulting in an unprecedented settlement. Business Week reported a $30 million agreement was reached, calling it “a milestone in human rights advancement.” The onus of corporate accountability for human rights had shifted. EarthRights International, which Redford and Giannini founded with Redford’s husband, Ka Hsaw Wa, while working 46 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

on the case, was the winner of the Robert F. Kennedy Award for Public Service. Today, the group has offices in Thailand, Peru, Myanmar and Washington, D.C. Redford is director of the organization. Giannini is a clinical professor of law and co-director of Harvard Law School’s Human Rights Program and its International Human Rights Clinic. Redford has returned to the Law School frequently as a speaker and co-teacher of the International Human Rights Clinic.

5 Educational Leaders 56. Gloria Cordes Larson ’77 Shaping Bentley University Gloria Cordes Larson ’77 was president of Bentley University in Waltham, Massachusetts, for 11 years and is now president-in-residence at the Harvard Graduate School of Education. At Bentley, Larson took

59. James E. Ryan ’92 Leading UVA The ninth president of the University of Virginia, James E. Ryan ’92 previously

of Law for seven years and as president of the Association of American Law Schools.

58. Elizabeth Garrett ’88 President of Cornell

55. Tim Phillips ’97 American Cancer Society Tim Phillips ’97 is general counsel and assistant secretary of the American Cancer Society Inc. and the American Cancer Society Cancer Action Network. Previously an attorney at Troutman Sanders, Phillips also serves on the board of visitors of the Georgia State University School of Law, the board of the Pro Bono Partnership of Atlanta, the advisory board of the Atlanta Legal Aid Society, and the boards of several veteran service organizations in an advisory capacity. He is counsel to the Navy SEAL Foundation.

over a regionally recognized business school and turned it into a nationally ranked university. In 2011, the school launched its Center for Women and Business and, upon her retirement, renamed the center in Larson’s honor.

57. Blake Morant ’78 Dean of Two Law Schools Blake Morant ’78 recently announced he’s stepping down as dean of the George Washington Law School, a role he assumed in September 2014. He is the first African-American dean of the top-25 law school. He previously served as dean of Wake Forest University School

Elizabeth Garrett ’88 was president of Cornell before her untimely death in March 2016. She took her post in July 2015, after serving as

served as dean of the Harvard Graduate School of Education and a professor at UVA Law.

60. M. Elizabeth Magill ’95 Stanford and University of Virginia M. Elizabeth Magill ’95, dean of Stanford Law School from 2012 to March 2019, will become provost of

provost and senior vice president for academic affairs at the University of Southern California and starting her teaching career at UVA Law. the University of Virginia this summer. She was previously vice dean and a professor at UVA Law.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 47

5 Who Were There to Make a Difference

61. E. Barrett Prettyman Jr. ’53 Abscam, Bay of Pigs and TOM COGILL

Brown

48 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

E. Barrett Prettyman Jr. ’53 served as special counsel to the U.S. House Ethics committee in the wake of Abscam, the FBI sting operation of the 1970s and early ’80s that exposed corrupt politicians through a fake company, Abdul Enterprises. It was the first time in history that government officials were secretly recorded taking bribes. The investigation led to seven members of Congress being convicted of bribery and conspiracy, and was the basis for the movie “American Hustle.” Previously in his career, as special counsel to the Attorney General Robert F. Kennedy ’51, Prettyman traveled to Cuba following the failed Bay of Pigs invasion by the U.S. military. Prettyman met with President Fidel Castro and helped negotiate the release of more than 1,000 prisoners. From 1953 to 1955, he worked for Justices Robert H. Jackson, Felix Frankfurter and John Marshall Harlan II. Almost immediately after starting work at the court, Prettyman was thrust into the center of the momentous Brown v. Board of Education hearings. He advised Jackson during deliberations over Chief Justice Earl Warren’s draft opinion in what would become the Brown decision. Prettyman was also the first president of the District of Columbia bar.

UVA LAW SPECIAL COLLECTIONS/VIRGINIA LAW WEEKLY

63. George Beall ’63 Prosecuting the Vice President

CHRIS AP OBERHOLTZ/KANSAS CITY STAR VIA GETTY IMAGES

As U.S. attorney for Maryland, George Beall ’63 prosecuted Vice President Spiro Agnew. An investigation revealed that Agnew had been receiving kickbacks in exchange for arranging government contracts, both as a state official and in the White House. The scrutiny resulted in Agnew’s resignation in 1973.

Edward M. Kennedy ’59 wrote more than 300 bills that were enacted during his almost 47 years in the U.S. Senate. Laws supporting health care and civil rights were among his accomplishments, including the Americans with Disabilities Act of 1990, prohibiting discrimination based on disability, and the Civil Rights Act of 1991, which expanded the rights of employees to sue their employers for discrimination. His efforts also resulted in the largest federally funded program to help poor and underinsured people living with HIV/AIDS, and the ability for employees to extend their health insurance coverage after employment under the COBRA law.

While serving as Missouri’s secretary of state, Robin Carnahan ’86 led a negotiated settlement with Wachovia in 2008 to pay back $8.5 billion to U.S. investors and $50 million in fines surrounding a financial product that could not be used as advertised. Wachovia’s “auction-rate securities” were being marketed as usable, like cash, for needs such as college tuition or medical bills. But when the economy turned sour, Wachovia couldn’t deliver on its promise.

DAN ADDISON/UVA COMMUNICATIONS

62. Edward M. ‘Ted’ Kennedy ’59 Lion of the Senate

64. Robin Carnahan ’86 Walking Back Wachovia

65. Glynn D. Key ’89 Everglades Restoration

From 1993-96, Glynn D. Key ’89 served at the Department of the Interior as counselor to Secretary Bruce Babbitt. She was the lead negotiator of the $700 million Everglades restoration settlement, which was brokered among numerous groups—environmentalists, farmers, local American Indian tribes and government entities. Before her untimely death at age 50, Key worked as general counsel for General Electric and served on UVA’s board of visitors. A Double ’Hoo and Jefferson Scholar who earned her undergraduate degree in 1986, she was the first African-American woman to chair the University’s Honor Committee. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 49

5 Best-Selling

66. Louis Auchincloss ’41 Father of ‘Going to Law School to Become a Writer’ If there’s such a thing as going to law school to become a best-selling writer, Louis Auchincloss ’41 may have set the template. The author’s literary tableaus were known for providing insights into New York and New England’s old-monied society. “Of all our novelists, Auchincloss is the only one who tells us how our rulers behave in their banks and their boardrooms, their law offices and their clubs,” said author Gore Vidal, a cousin of Auchincloss by marriage. Auchincloss’ first book was rejected (although he was given strong encouragement to try again). So as a career hedge, he went to law school at his father’s encouragement. He found he enjoyed it. But after he got the first year under his belt, 50 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

TOM COGILL

Authors

he was back to practicing his first love in his spare time. “I liked the Law School,” he told UVA Lawyer in 2005. “I loved Virginia and I loved the University. When I stumbled into [Justice Benjamin] Cardozo’s opinions, I became fascinated by his style and realized that the two occupations, law and writing, are more or less synchronized. I began the two careers I would follow from then on, law and writing. That summer I started a novel; the second summer I finished it.” He continued to write as an associate at Sullivan & Cromwell and during military service in the U.S. Navy during World War II. He later rose to

partner at Hawkins, Delafield and Wood in New York, maintaining the output of a book a year. “For some years, it went quite well. The clients all thought that I was fine. It was quite well-known that I was a best-seller; they thought it was rather nice to have somebody working on their things who was also a novelist. They didn’t know that I really did much of the work of the partners. Then, when I was in charge and they realized I really was doing all the work, right away a lot of clients didn’t like the idea of a novelist being their lawyer.” He eventually retired from lawyering to write full time.

67. Linda Fairstein ’72 Sex Crimes Prosecutor Pens Thrillers Before she was a best-selling author, Linda Fairstein ’72 was head of the New York City’s Sex Crimes Prosecution Unit from 1976-2002. In addition to prosecuting cases, she helped get New York’s rape shield law passed, which limited the extent to which defense attorneys can draw out a victim’s past in court. She focused on violence against women and children. She is the author of the popular novels featuring series character Alexandra Cooper, a Manhattan prosecutor.

68. David Baldacci ’86 Publishing Powerhouse In 1996, the novel “Absolute Power” by David Baldacci ’86 became an absolute smash with readers. The international bestseller was subsequently made into a movie by Clint Eastwood and launched Baldacci’s enduring career. His book sales are estimated at 130 million worldwide. Baldacci and his wife, Michelle, have also set out to win readers—whether they read his books or someone else’s— through their Wish You Well Foundation, which works to combat illiteracy in the U.S. “We apparently don’t read anymore,” Baldacci said of Americans in his 2006 speech to UVA Law graduates. “We don’t think about large social issues with the gravitas they deserve. We don’t synthesize life data and arrive at our own opinions and ideas. We allow others to tell us what to think, what to believe,” he said. “We are Cliff-Noting through life.” Baldacci is also involved with the National Multiple Sclerosis Society. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 51

EMMANUELLE CHOUSSY

70. Helen Wan ’98 Discussing Race in Law Firm Culture

69. Emily Giffin ’97 All About Relationships

Emily Giffin ’97 is the author of numerous international bestsellers, including “Something Borrowed,” which was turned into a film starring Kate Hudson, and “Something Blue.” She’s been dubbed a “modern day Jane Austen” by Vanity Fair. 52 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

Were you one of the many who joined book circles centered around 2013’s “The Partner Track” by Helen Wan ’98? Wan’s refreshing look at racial politics and identity within an old-line corporate law firm may have been fictional, but readers found much to praise in how the book resonated with reality. “It is about all that stuff that so many of us know or feel, but are too deeply wounded to articulate,” a fan of the book stated among online reviews. Published by St. Martin’s Press, the book follows the struggles of protagonist Ingrid Yung, a hard worker about to be made the first Chinese-American partner of the firm. She must suddenly juggle her client responsibilities that will cinch her promotion with a new assignment on the diversity committee following a racial incident at the firm. “The eager response from readers sent it back for a second printing after an initial run of 50,000 in September, a rare achievement for a first-time author,” The Washington Post noted in 2014, in an article about the “bamboo ceiling.” Wan has said the book began as a series of essays related to experiences she had as a minority attorney, or that friends or colleagues had, but that the end product was a work of imagination. “The Partner Track” has since become essential reading in many law schools, including in Dean Risa Goluboff and Professor Richard Schragger’s Seminar in Ethical Values.

5 in Sports

71. Bowie Kuhn ’50 The World Series

72. Donald Dell ’64 Father of Sports Marketing Donald Dell ’64, founder of ProServ, is considered a father of sports marketing and is noted for being the first sports agent in professional tennis. He represented Arthur Ashe (above left), Stan Smith, Jimmy Connors and Ivan Lendl during what’s called the “golden age” of pro tennis (1975-85).

MICHAEL DODGE/GETTY IMAGES

HERBERT CAPWELL/ THE BOSTON GLOBE VIA GETTY IMAGES

You no longer have to call in sick from your day job to watch the World Series live thanks to Bowie Kuhn ’50, the second-longest-serving commissioner of Major League Baseball (1969-84). In 1971, Kuhn moved Game 4 to nighttime to capture larger viewing audiences. A record 61 million baseball fans tuned in to NBC’s broadcast—a number that would have been unreachable during earlier hours. Today, all World Series games are held during prime viewing. Kuhn’s move was controversial at the time, however. The players were often less comfortable in fall’s nighttime chill, and some viewed it as a sellout of their best interests. In response to his detractors, Kuhn famously attended a 1976 World Series night game, played in 40-degree weather, without an overcoat.

MARC CAMPOS

Kuhn ’50 (right), with Howard Cosell.

74. Donald Yee ’87 Representing Sports Talent

Donald Yee ’87 represents NFL players and coaches, including New England Patriots quarterback Tom Brady. He is also the entrepreneur behind Pacific Pro Football, or Pac Pro, a developmental league for the NFL.

73. 75. Peggy DeMaurice O’Neal ’76 Smith ’89 Football NFL Players Down Under Association Head

The first female president of an Australian rules football team, Peggy O’Neal ’76 helmed the Richmond Football Club as it won the Grand Final in 2017, the team’s first championship since 1980.

DeMaurice Smith ’89 serves as executive director of the NFL Players Association, a labor organization that negotiates for player wages and working conditions. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 53

KEVIN WINTER/GETTY IMAGES

5 in Entertainment

76. Andrew Scheinman ’73 Their ‘When Harry Met Sally’ Moment

54 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

One of the most productive collaborations in Hollywood might never had happened if Andrew Scheinman ’73 hadn’t been a tennis player and Rob Reiner hadn’t been, well, a klutz. Scheinman met his future Castle Rock Entertainment partner in 1974 on a lark during his second day in Hollywood at a tennis club. “I walk in and there’s Rob,” Scheinman said in a video interview for DP/30’s “The Oral History of Hollywood,” hosted on YouTube. “And I had met a couple people back East who knew him. I went over and said hello, and he said, ‘Well, let’s hit a few tennis balls.’ So we play. The thing’s over. And Rob goes, ‘Well, my keys just fell down the grate and I can’t get home.’ So I give him a ride home.” Within a few years, they became writing and producing collaborators. Their string of hits includes the films “Stand by Me,” “The Princess Bride,” “Misery,” “A Few Good Men” and the television show “Seinfeld,” among other favorites. Reiner compared their “meet cute” to the 1989 romantic comedy “When Harry Met Sally,” which they also made. “We’ve been in this marriage a long time, and yet we’ve never, ever kissed,” Reiner said.

78. Julie Lynn ’92 Mockingbird Pictures

77. John A. Rogovin ’87 Warner Bros. Entertainment As executive vice president and general counsel at Warner Bros., John A. Rogovin ’87 supervises a worldwide team of 160 in-house lawyers and outside counsel on various key legal matters, including high-profile litigation and major corporate transactions. His legal strategy has supported the film studio’s brands such as “Superman,” “The Hobbit,” “Lord of the Rings” and “Two and a Half Men.”

79. Christopher Brearton ’98 Latham & Watkins Christopher Brearton ’98 is a partner in Latham & Watkins’ entertainment, sports and media practice and deputy office managing partner of the firm’s Century City, Los Angeles, office. He advises clients, including those overseeing motion pictures and television networks, on complex transactions.

SAMUEL STUART

Award-winning producer Julie Lynn ’92 formed Mockingbird Pictures in 1999, and has produced films starring Bryan Cranston, Jennifer Garner, Annette Bening, Ewan McGregor and Jake Gyllenhaal, among others.

80. Dasha Smith Dwin ’98 Sony

Dasha Smith Dwin ’98 is executive vice president and global chief human resources officer for Sony Music Entertainment. She was previously an executive with global investment and advisory firm GCM Grosvenor and also worked at Time Inc. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 55

5 in a League of Their Own

STEVEN ST. JOHN

82. Bill Nelson ’68 Above and Beyond

81. N. Scott Momaday ’59 Native American Literature The author of the Pulitzer Prize-winning “House Made of Dawn,” N. Scott Momaday ’59 is considered a leader in the Native American Renaissance. Momaday, who is of Kiowa and Cherokee descent and grew up mostly in Arizona, only attended the Law School for one year. He later earned his Ph.D. in English literature from Stanford University. 56 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

Recently retired U.S. Sen. Bill Nelson ’68 was serving his state as a member of the U.S. House of Representatives in the early 1980s when he learned NASA would begin allowing nonprofessional astronauts to join the crews of the space shuttles. He wanted on board. In addition to being driven by personal ambition, he intended to use the experience to better advise Congress about the space program. To be considered, he had to get in tip-top shape. He worked out in the gym, ran four miles a day and even tagged along in a F-16 jet, asking the pilot to pull the “max Gs,” according to a Tampa Bay Times report. “I got into the best shape of my life at age 44,” Nelson told the Times. “I was on top of everything and quick mentally.” After four previously scheduled flights were scrubbed for safety reasons that could have been fatal, Nelson blasted off with the rest of the crew of the Space Shuttle Columbia on Jan. 22, 1986. He spent six days in orbit and, as payload specialist, deployed a communications satellite. Ten days after the crew safely landed, the ill-fated shuttle Challenger lifted off. The shuttle broke apart 73 seconds into its flight. The disaster killed all on board including Christa McAuliffe, who would have been the first teacher in space. Nelson, an elected public servant in Florida for almost 50 years, gave his last

speech to the Senate in December, after losing a close election to Gov. Rick Scott— so close, it required a recount. In addition to expressing his gratitude to his colleagues and constituents, the senator used the speech as an opportunity to reflect on a career that might have been cut short.

“Why was I spared?” Nelson asked in his farewell. “Now, upon intense reflection, I think I’m beginning to see. Because it has been the great honor of my life to serve our country and the people of Florida.” In 2017, Nelson was the chief sponsor of a successful $19.5 billion authorization bill to send humans to Mars in the next quarter century.

NASA

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 57

JULIA DAVIS

84. Lisa Friel ’83 Player Investigations

TOM COGILL

As senior vice president and special counsel for investigations for the National Football League, Lisa Friel ’83 looks into allegations of misconduct, such as domestic violence and sexual assault. She formerly headed up the Manhattan District Attorney’s Office Sex Crimes Prosecution Unit, replacing Linda Fairstein ’72.

83. Will Shortz ’77 A Teacher’s Puzzling Comments On Jan. 20, 1966, 13-year-old Will Shortz ’77 wrote a school essay on “Puzzles as a Profession,” according to a New York Times report. “I have always liked puzzles and I have planned to write a book of puzzles. I have read about people that make puzzles and it sounds like an interesting profession. People that make them would have plenty of leisure time.” One puzzle expert he read about in Newsweek “makes a substancial [sic] income and, I suppose, has a lot of fun.” He earned a B+ for the writing effort. “I thought you would connect this to the topic of becoming an adult,” his teacher commented, in red ink in the margin. “Obviously, you did not understand me.” Shortz, who has been the crossword editor for The New York Times since 1993, has edited more than 500 books of puzzles, has been puzzle master for NPR’s “Weekend Edition” since 1987, and was editor of Games magazine for 15 years. In popular culture, his name has become synonymous with the artform.

58 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

85. Andrea Dvorak ’06 Pro Cyclist As a competitive cyclist, Andrea Dvorak ’06 made the U.S. Olympic Long Team for the 2012 London Olympic Games. She also won a stage of the Route de France and a silver medal in the 2011 U.S. National Road Race Championship. She’s currently coaching second-year UVA student Eddie Anderson.

5 From the Early Days William Minor Lile 1882 was the Law School’s first official dean, a role he served in from 1904-1932. During that time, he secured funding for the school’s homes—first Minor Hall, named after his great uncle and alumnus Professor John B. Minor 1834, then Clark Hall. He strengthened the school’s academic credentials by shifting the course of study from one to three years, and pushed the Virginia General Assembly to require a college degree before students could attend (a task not fully accomplished until 1939, when F.D.G. Ribble ’21 became dean). Near the end of Lile’s tenure, a moot court competition was established; in 1962 it was renamed the William Minor Lile Moot Court competition.

Joseph Taylor Robinson 1895 was a governor of Arkansas, and a U.S. senator and congressman from his home state. He supported progressive reforms, including the right for women to vote. As the Senate majority leader under President Franklin D. Roosevelt from 1933-37, he helped shuttle Roosevelt’s New Deal legislation.

UVA LAW SPECIAL COLLECTIONS

Then-Sen. Joseph Taylor Robinson speaks with Sen. Hattie Caraway at the Democratic National Convention in Philadelphia on June 24, 1936.

MUSEUM OF AMERICAN HISTORY, CABOT PUBLIC SCHOOLS

87. Joseph Taylor Robinson 1895 Assisted New Deal Legislation

86. William Minor Lile1882 The First Dean

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 59

UVA LAW SPECIAL COLLECTIONS

Three out of five people in the U.S. borrowed from a participating bank during the Great Depression, Morris told the newspaper. At the plan’s peak, just before World War II, 176 lenders participated in the network. The idea of installment credit was nothing new. For decades, companies had sold their products to buyers who couldn’t pay in one lump sum. Yet higher-ticket items, such as houses and cars, were harder to come by for the economically challenged. Likewise for them, the cost of starting a business could be daunting, the impact of a catastrophic family illness too much to bear financially. Morris provided a solution in the absence of collateral. Requiring a steady job and co-signers of similar earning power, along with satisfactory answers to some questions concerning stability and character, proved to be a successful formula. While there were early critics of the credit plan, just as there are of credit today, relatively few borrowers defaulted, according to the Law School’s Special Collections, which houses Morris’ papers. Morris argued that most people in the early century were eager to be debt-free, in contrast to the modern maxed-out consumer. When he applied to the Virginia Corporation Commission to charter his first bank, Morris’ idea was strange and rife for rejection. “I have carefully considered your application for a charter for your hybrid and mongrel institution,” Judge Robert R. Prentiss, the chairman of the commission, wrote in response to the charter request. “Frankly, I don’t know what it is. It isn’t a savings bank; it isn’t a state or national bank; it isn’t a charity. It isn’t anything I ever heard of before. Its principles seem sound however, and its purpose admirable. But the real reason that I am going to grant a charter is because I believe in you.” On April 1, 1910, the bank opened, backed by $20,000 of Morris’ own money and additional funds from associates, according to the Law Library. The credit boom was born.

88. Arthur J. Morris 1901 The Man With the Plan

You may know Arthur J.

Morris 1901 as the namesake of the UVA Law Library. But did you know Morris was the first to extend widespread consumer credit in the United States via a system of banks? Morris Plan Banks, established in 1910, provided an alternative to pawnbrokers and loan sharks for low- and moderate-income individuals. The noncollateralized loans helped many borrowers establish themselves or get through tough times. The plan also pioneered automotive financing and credit life insurance. “Every day I meet people who say my father and my grandfather got started with the Morris Plan,” Morris told The New York Times in 1971, at age 90. 60 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

LIBRARY OF CONGRESS, HARRIS AND EWING COLLECTION

89. Alben Barkley 1902 The ‘Veep’ Who Could Give a Speech Among the great orators to have studied at UVA Law, Vice President Alben William Barkley 1902, who attended during a summer session (after having already passed the bar in Kentucky), was particularly known for his rousing speeches that could leverage change. First elected to the U.S. House of Representatives in 1912, Barkley was a leading figure in creating the Prohibition Amend-

ment and the Volstead Act. He was first elected to the U.S. Senate in 1926, and assisted Senate Majority Leader Joseph Taylor Robinson 1895 in passing much of the New Deal legislation. Barkley became majority leader after Robinson’s death. Barkley might have been a vice presidential candidate in 1944, which would have led to his ascension to the presidency, but a fiery speech critical of President Franklin Roosevelt’s administration earlier that year ruined his chances, according to the UVA Miller Center of Public Affairs’ website. Sen. Harry Truman of Missouri got the nod, and subsequently became president upon Roosevelt’s death. At the end of the term, when it came time to run officially for the highest office in the land, Truman wanted Supreme Court Justice William O. Douglas as his

running mate, but Douglas declined. Truman tapped Barkley, who proved his fealty. The two stumped aggressively, giving whirlwind speeches across the country that very likely made a difference in the close race. Contrary to the famous gaffe headline in the Chicago Daily Tribune, Truman indeed defeated New York Gov. Thomas E. Dewey in 1948. “Both Truman and Barkley campaigned vigorously and pulled off one of the most stunning upsets in the history of American politics,” the Miller Center states. Perhaps fittingly for someone so oratorically inclined, Barkley died in 1956 from a heart attack during an impassioned speech he gave at Washington & Lee University. “I would rather be a servant in the house of the Lord than to sit in the seats of the mighty,” he uttered before collapsing. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 61

90. Stanley Forman Reed 1908 The New Deal Defender’s Ascent to the Supreme Court

Stanley Forman Reed 1908, who studied law at the University of Virginia but did not obtain a law degree, was an associate justice at the Supreme Court from 1938-57. In that capacity, he played a key role in numerous cases, including those affecting racial justice. He wrote the majority opinion in Smith v. Allwright, which struck down a Texas law requiring would-be voters in Democratic primaries to be white in order to cast a ballot. Lesser known are his efforts that helped pull the nation out of the Great Depression. As general counsel of the Reconstruction Finance Corp. under President Franklin D. Roosevelt, Reed supported the administration’s monetary policies following the Crash of 1929. The ability to redeem deflated paper money for gold at its pre-Depression value was causing a run on U.S. gold reserves. Roosevelt pulled the nation off the gold standard, and asked the Reconstruction Finance Corp. to purchase gold at an inflated cost. Congress, in tandem, voided clauses in public and private 62 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

Reed presented the Law Library and its director, Frances Farmer, with its 100,000th volume in 1953.

contracts that permitted gold to be redeemed. Creditors sued, and Reed assisted the attorney general with written and oral arguments in Norman v. Baltimore & Ohio Railroad Co., defending the legality of the government’s actions. The successful outcome resulted in Reed’s subsequent appointment as solicitor general, where he continued to defend New Deal policy, and in his later nomination to the Supreme Court. “In 1935, Reed became solicitor general of the United States at a time when several of FDR’s New Deal programs were being challenged in the high courts,” according to a UVA Law Library biography of Reed. “As a result, Reed once argued six major cases before the Supreme Court in a two-week period. Although Reed lost several of these early cases, by 1937 he secured major victories in several cases, including the Supreme Court’s upholding of minimum wage laws, the National Labor Relations Act and the taxation power of the Social Security Act.” Virginia educated two future justices of the U.S. Supreme Court. The other, James Clark McReynolds 1884, wrote the dissent in the Gold Clause Cases, and was part of the “Four Horsemen” bloc that worked to strike down New Deal programs. McReynolds was nicknamed “Scrooge” by a journalist because of his infamous temperament.

Current Alumni Members of the Federal Bench G. STEVEN AGEE ’77

U.S. Court of Appeals for the Fourth Circuit CAROL BAGLEY AMON ’71

U.S. District Court for the Eastern District of New York JOHN F. ANDERSON ’81

U.S. District Court for the Eastern District of Virginia JOHN ANTOON II LL.M. ’01

ROBERT J. CONRAD JR. ’83

U.S. District Court for the Western District of North Carolina BRIAN H. CORCORAN ’91

U.S. Court of Federal Claims TOM R. CORNISH LL.M. ’82

U.S. Bankruptcy Court for the Eastern District of Oklahoma TONY M. DAVIS ’83

U.S. District Court for the Middle District of Florida

U.S. Bankruptcy Court for the Western District of Texas

LEWIS T. BABCOCK LL.M. ’88

JAMES L. DENNIS LL.M. ’84

U.S. District Court for the District of Colorado

U.S. Court of Appeals for the Fifth Circuit

DAVID A. BAKER ’76

U.S. District Court for the Middle District of Florida ROBERT S. BALLOU ’87

U.S. District Court for the Western District of Virginia ALICE M. BATCHELDER LL.M. ’88

U.S. Court of Appeals for the Sixth Circuit DUANE BENTON LL.M. ’94

U.S. Court of Appeals for the Eight Circuit SUSAN HARRELL BLACK LL.M. ’84

U.S. Court of Appeals for the Eleventh Circuit PASCO M. BOWMAN II LL.M. ’86

U.S. Court of Appeals for the Eight Circuit MARY BECK BRISCOE LL.M. ’90

U.S. Court of Appeals for the Tenth Circuit JAMES O. BROWNING ’81

U.S. District Court for the District of New Mexico ALBERT VICKERS BRYAN JR. LL.B. ’50

U.S. District Court for the Eastern District of Virginia CONSUELO MARIA CALLAHAN LL.M. ’04

U.S. Court of Appeals for the Ninth Circuit CARMEN CONSUELO CEREZO LL.M. ’88

U.S. District Court for the District of Puerto Rico

DANIEL DESMOND DOMENICO ’00

U.S. District Court for the District of Colorado ROBERT GEORGE DOUMAR ’53

U.S. District Court for the Eastern District of Virginia ANDREW EDISON ’94

U.S. District Court for the Southern District of Texas J. L. EDMONDSON LL.M. ’90

U.S. Court of Appeals for the Eleventh Circuit ORINDA EVANS LL.M. ’98

U.S. District Court for the Northern District of Georgia DAVID A. FABER LL.M. ’98

U.S. District Court for the Southern District of West Virginia HOLLY B. FITZSIMMONS ’76

U.S. District Court for the District of Connecticut LOUISE B. FLANAGAN ’88

U.S. District Court for the Eastern District of North Carolina JOSEPH H. GALE ’80

U.S. Tax Court JULIA SMITH GIBBONS ’75

U.S. Court of Appeals for the Sixth Circuit JOHN A. GIBNEY JR. ’76

U.S. District Court for the Eastern District of Virginia THOMAS B. GRIFFITH ’85

H. BRUCE GUYTON ’81

U.S. District Court for the Eastern District of Tennessee MICHAEL DALY HAWKINS LL.M. ’98

U.S. Court of Appeals for the Ninth Circuit VIRGINIA EMERSON HOPKINS ’77

U.S. District Court for the Northern District of Alabama LYNN N. HUGHES LL.M. ’92

STEPHEN NATHANIEL LIMBAUGH JR. LL.M. ’98

U.S. District Court for the Eastern District of Missouri KERMIT V. LIPEZ LL.M. ’90

U.S. Court of Appeals for the First Circuit ROBERT W. LOVEGREEN ’63

U.S. District Court for the District of Rhode Island BLANCHE M. MANNING LL.M. ’92

U.S. District Court for the Southern District of Texas

U.S. District Court for the Northern District of Illinois

WILLIS B. HUNT JR. LL.M. ’90

TREVOR N. MCFADDEN ’06

U.S. District Court for the Northern District of Georgia RAYMOND A. JACKSON ’73

U.S. District Court for the Eastern District of Virginia JAMES P. JONES ’65

U.S. District Court for the Western District of Virginia THOMAS RAWLES

U.S. District Court for the District of Columbia AMIT PRIYAVADAN MEHTA ’97

U.S. District Court for the District of Columbia DONALD M. MIDDLEBROOKS LL.M. ’04

U.S. District Court for the Southern District of Florida MICHAEL P. MILLS SR.

JONES JR. ’73

LL.M. ’01

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of Mississippi

DANIEL P. JORDAN III ’93

RICHARD MILLS LL.M. ’82

U.S. District Court for the Southern District of Mississippi

U.S. District Court for the Central District of Illinois

BARBARA MILANO

NORMAN K. MOON ’62

KEENAN LL.M. ’92

LL.M. ’88

U.S. Court of Appeals for the Fourth Circuit

U.S. District Court for the Western District of Virginia

DAVID C. KEESLER ’87

U.S. District Court for the Western District of North Carolina BRIAN F. KENNEY ’93

U.S. Bankruptcy Court for the Eastern District of Virginia TERENCE C. KERN LL.M. ’04

U.S. District Court for the Northern District of Oklahoma KLINETTE H. KINDRED ’78

U.S. Bankruptcy Court for the Eastern District of Virginia ED KINKEADE LL.M. ’98

U.S. District Court for the Northern District of Texas

U.S. Court of Appeals for the D.C. Circuit

WILLIAM T. MOORE JR. LL.M. ’01

U.S. District Court for the Southern District of Georgia HENRY COKE MORGAN JR. LL.M. ’98

U.S. District Court for the Eastern District of Virginia DIANA GRIBBON MOTZ ’68

U.S. Court of Appeals for the Fourth Circuit J. FREDERICK MOTZ ’67

U.S. District Court for the District of Maryland MICHAEL S. NACHMANOFF ’95

U.S. District Court for the Eastern District of Virginia

JOHN B. NALBANDIAN ’94

U.S. Court of Appeals for the Sixth Circuit

CHESTER J. STRAUB ’61

U.S. Court of Appeals for the Second Circuit

ALAN E. NORRIS LL.M. ’86

U.S. Court of Appeals for the Sixth Circuit

R. BARCLAY SURRICK LL.M. ’82

U.S. District Court for the Eastern District of Pennsylvania

KEVIN A. OHLSON ’85

U.S. Court of Appeals for the Armed Forces

RICHARD FRED SUHRHEINRICH LL.M. ’90

DIARMUID F.

U.S. Court of Appeals for the Sixth Circuit

O’SCANNLAIN LL.M. ’92

U.S. Court of Appeals for the Ninth Circuit

S. MARTIN TEEL JR. ’70

CARY DOUGLAS PUGH ’94

U.S. Tax Court THOMAS M. REAVLEY LL.M. ’83

U.S. Bankruptcy Court for the District of Columbia JUAN R. TORRUELLA

U.S. Court of Appeals for the Fifth Circuit

LL.M. ’84

U.S. Court of Appeals for the First Circuit

CARLTON W. REEVES ’89

U.S. District Court for the Southern District of Mississippi

ANTHONY JOHN TRENGA ’74

KENNETH F. RIPPLE ’68

U.S. Court of Appeals for the Seventh Circuit JUDITH W. ROGERS LL.M. ’88

U.S. Court of Appeals for the D.C. Circuit

U.S. District Court for the Eastern District of Virginia MICHAEL F. URBANSKI ’81

U.S. District Court for the Western District of Virginia

DEBORAH J. SALTZMAN ’96

CHARLES H. WEIGLE ’96

U.S. Bankruptcy Court for the Central District of California

U.S. District Court for the Middle District of Georgia

ARTHUR J. SCHWAB ’72

JOHN P. WIESE ’65

U.S. District Court for the Western District of Pennsylvania

U.S. Court of Federal Claims J. HARVIE WILKINSON III ’72

U.S. Court of Appeals for the Fourth Circuit

G. KENDALL SHARP ’63

U.S. District Court for the Middle District of Florida

THOMAS ANDERTON WISEMAN JR. LL.M. ’90

U.S. District Court for the Middle District of Tennessee

ROBERT J. SHELBY ’98

U.S. District Court for the District of Utah EUGENE E. SILER JR. ’63

VICTOR J. WOLSKI ’91

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Federal Claims

STEPHEN WM. SMITH ’77

JAMES ANDREW

U.S. District Court for the Southern District of Texas

WYNN JR. LL.M. ’95

STEPHEN C. ST. JOHN ’77

LEE YEAKEL LL.M. ’01

U.S. Court of Appeals for the Fourth Circuit

U.S. Bankruptcy Court for the Eastern District of Virginia

U.S. District Court for the Western District of Texas

LOUIS L. STANTON ’55

U.S. District Court for the Southern District of New York WALTER KING STAPLETON LL.M. ’84

U.S. Court of Appeals for the Third Circuit

100 CHANGE AGENTS

Pending Nominee DANIEL A. BRESS ’05

U.S. Court of Appeals for the Ninth Circuit

SPRING 2019 UVA LAWYER 63

AP PHOTO/RICHMOND TIMES-DISPATCH, BOB BROWN

Cynthia Kinser ’77 served as the first female chief justice of the Supreme Court

91. John Charles Thomas ’75 Poetic Justice Retired Justice John Charles Thomas ’75 was the first African-American to ascend to the Supreme Court of Virginia. He did so in 1983, a year after becoming the first black lawyer to make partner at an “old line” Southern law firm, the former Hunton & Williams. Thomas is currently a partner with Hunton Andrews Kurth and a judge of the Court of Arbitration for Sport in Lausanne, Switzerland, which handles cases involving violations of the World AntiDoping Code for all Olympic Sports, the Tour de France, FIFA and the LPGA. He is also a poet who has recited his own works at Carnegie Hall.

of Virginia, from 201114. She began as a justice on the court in 1998. Earlier in her career, she was elected as Lee County’s first female commonwealth’s attorney, in 1980.

93. Cleo Powell ’82 Serving Justice The first female African-American justice to serve on the Supreme Court of Virginia, Cleo

Powell ’82 assumed office in 2011 and continues in that role. She has served as a judge at every level of Virginia’s judicial system.

64 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

94. Karl Racine ’89 D.C. Attorney General Karl Racine ’89 is the first independently elected attorney general of the District of Columbia. Earlier in his career, in 2006, he became the first black

managing partner of a top-100 law firm, Venable. He also served as associate White House counsel under President Bill Clinton.

95. Sean Patrick Maloney ’92 True Representation Serving in the U.S. House of Representatives since 2013, Sean Patrick Maloney ’92

is the first openly gay person elected to Congress from New York.

SANJAY SUCHAK/UVA COMMUNICATIONS

5 Firsts

92. Cynthia Kinser ’77 Hail to the Chief

5 Who Changed UVA

96. James R. McConnell 1910 The Aviator Statue

After attending a year at the Law School, James R. McConnell 1910 became the first of 64 UVA students to die in battle during World War I. He was a member of the Lafayette

Escadrille—the French flying squadron—and the last American pilot to die under French colors before U.S. entry into the war. The Aviator statue on Grounds, one of the school’s most wellknown works of art, was commissioned in his honor.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 65

97. Elizabeth N. Tompkins â&#x20AC;&#x2122;23 First Female Law Grad In 1920, the same year American women obtained the right to vote, the first female students matriculated at the University of Virginia School of Law. Elizabeth N. Tompkins â&#x20AC;&#x2122;23 was the first to graduate. Tompkins clerked for two years in Charlottesville before relocating to Richmond for a distinguished 54-year legal career. She was the first woman admitted to the Virginia State Bar.

66 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

Gregory Swanson ’51, with the help of the NAACP Legal Defense Fund, was the attorney who integrated the University by suing UVA in 1949 to attend the Law School and pursue his advanced degree. Swanson won his suit in 1950, attended from 1950-51, and completed all of his classes, but did not turn in the paper that would have allowed conferral of his master’s. The first black student to graduate from UVA was Walter N. Ridley, who earned a doctorate of education in 1953, in part thanks to Swanson’s groundbreaking efforts.

DAN ADDISON/UVA COMMUNICATIONS

98. Gregory Swanson ’51 Integrating UVA

99. John Lowe ’67 Hero of Coeducation

100. Gail Starling Marshall ’68 Innocence and Indigent Aid

John Lowe ’67 argued successfully for full coeducation at the University of Virginia. He took the case to court in 1969 on behalf of high school student Virginia Scott and three other young women. It was just two years after earning his law degree. Later in his career, Lowe argued and won the landmark First Amendment case Bigelow v. Virginia in the U.S. Supreme Court, and convinced the Supreme Court of Virginia to strike down the Virginia Riot Act on First Amendment grounds.

Gail Starling Marshall ’68, a former UVA Law professor, served as a Virginia deputy attorney general during the latter part of the 1980s under Attorney General Mary Sue Terry ’73, the first woman elected to statewide office in the state. Marshall’s review of death penalty cases led her to question the guilt of Earl Washington Jr. Her flagging of the case for further investigation famously led to commutation nine days before his scheduled execution, and eventually led to his being pardoned. Marshall is well known for her body of work on behalf of the indigent, including through the Legal Aid Justice Center in Charlottesville, which she helped found. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 67

TPOPULAR OT A L LY 68 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

TEST YOUR KNOWLEDGE OF UVA LAW POP CULTURE TRIVIA

Which production asked to film at UVA Law—and was turned down? A B C D

2 3

Matt Damon and Ben Affleck John Jeffries and Peter Low John Cusack and James Spader Chris Pratt and Bradley Cooper

Music lawyer Mark F. Schottinger ’12, a former attendant at the Corner Parking Lot in Charlottesville, appeared in “The Parking Lot Movie.” How does he characterize law students in the documentary?

9 10

D They are the most likely to park

This alum co-wrote a famous album with his brother, establishing what some music critics called “the Virginia sound.” A David Bishop B James Malkmus C John Matthews D Jonathan Hornsby

Which best-selling author of lawyer-focused thrillers has connected to the Law School through its Innocence Project and by hiring students as research assistants? A B C D

Michael Connelly John Grisham Scott Turow Lisa Scottoline

Which TV show features two stars as a fictional UVA Law grad and former professor? A “The Night Of” B “Damages” C “Madam Secretary” D “The Good Wife”

Which notable authors attended UVA Law? A Louis Auchincloss and Linda Fairstein B James W. Huston and Emily Giffin C David Baldacci and Helen Wan D Corban Addison and N. Scott Momaday E All of the above

illegally on the Corner.

Who was the first Cavalier—and Law School alum—to medal in the Olympics? A Mortimer Caplin B Leah Smith C Inge Janssen D John “James” Alcorn Rector

Charlottesville.

about the parking fees.

Which actor won an Oscar playing a role inspired by the true story of a UVA Law alum? A Tom Hanks B Denzel Washington C Meryl Streep D Julia Roberts

A They are the worst parkers in B They are the best tippers. C They are the most likely to complain

Which UVA Law alumnus voiced a role on “The Simpsons”? A Will Shortz ’77 B Robert Mueller ’73 C Janet Napolitano ’83 D Elaine Jones ’70

“Paper Chase” “Legally Blonde” “How to Get Away with Murder” “Rounders”

Who starred as the best friends who met in law school at UVA in the film “True Colors”? A B C D

Which famous TV and film “Brat Pack” actor was born in Charlottesville to a UVA Law graduate? A Andrew McCarthy B Rob Lowe C Judd Nelson D Emilio Estevez

Which professional sports team did Harrison “Harry B.” Wilson III ’80 play for?

Which one of these famous juniors did NOT go to UVA Law?

A Baltimore Orioles B New York Giants C San Diego Chargers D Los Angeles Lakers

A Franklin Roosevelt Jr. B Thurgood Marshall Jr. C Robert F. Kennedy Jr. D William F. Buckley Jr.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 69

KEY

Which production asked to film at UVA Law—and was turned down?

“Legally Blonde.”

Former Dean Robert Scott turned down filmmakers’ request to shoot portions of the 2001 hit movie at the Law School. “I was unwilling to have the University of Virginia building be characterized as the Harvard Law School, but they were absolutely committed that she was going to Harvard, and all they were looking for was a venue,” Scott said. Elle Woods, the film’s protagonist, can be seen studying with a copy of “The Eight Secrets of Top Exam Performance in Law School” by former UVA Law professor Charles Whitebread, who later joined the faculty of the University of Southern California. Most of the film was shot in Los Angeles.

Who starred as the best friends who met in law school at UVA in the film “True Colors”? John Cusack and James Spader. In a

twist from their usual 1980s-era casting, Cusack is power-hungry and Spader is righteous in the 1991 film. According to Wikipedia, much of the filming took place in Charlottesville, including the nightclub scene at TRAX, a popular dance spot once run by Coran Capshaw, manager of the Dave Matthews Band and other major music acts.

They are the worst parkers.

Schottinger also worked as a music consultant on the film. He is currently an attorney with Shackelford, Bowen, McKinley & Norton in Nashville, Tennessee, and focused on the music industry.

This alum co-wrote a famous album with his brother, establishing what some music critics called “the Virginia sound.” Jonathan Hornsby ’87. While

his brother Bruce Hornsby is better known, Jonathan Hornsby co-wrote most of the hit album “The Way It Is” with his famous sibling, including “Mandolin Rain.” Though the other siblings listed in this question are fictional, the last names connect to musicians in Gwar, the Dave Matthews Band and Pavement, all of which have connections to Central Virginia.

Which bestselling author of lawyerfocused thrillers has connected to the Law School through its Innocence Project and by hiring students as research assistants? John Grisham has spoken at the Law School several times over the years and has been a supporter of the national and UVA Law Innocence Projects. He wrote “The Innocent Man,” a nonfiction work about a wrongful conviction, in addition to his blockbuster thrillers, and was a guest on UVA Law’s “Common Law” podcast.

Which TV show features two stars as a fictional UVA Law grad and former professor?

100 CHANGE AGENTS

Which actor won an Oscar playing a role inspired by the true story of a UVA Law alum?

Tom Hanks played

“Andrew Beckett” in the 1993 film “Philadelphia,” inspired in part by the life story of Clarence Cain (Col ’74, Law ’77).

Cain was a practicing attorney who won a discrimination case against his employers for firing him soon after learning he had AIDS. Cain later died of his illness. As an undergraduate student at UVA, Cain was one of the first African-American resident advisers.

“Madam Secretary”

star Téa Leoni’s character went to law school at UVA, and one of her professors, played by Morgan Freeman, would go on to become a Supreme Court justice.

Anthony Pantaleoni ’64

is Leoni’s father.

Which UVA Law alumnus voiced a role on “The Simpsons”?

as A Guest-starring himself, Will Shortz ’77 appears in

voice and cartoon form on “The Simpsons” episode “Homer and Lisa Exchange Cross Words” in Season 20.

70 UVA LAWYER SPRING 2019

Who was the first Cavalier —and Law School alum—to medal in the Olympics? James Alcorn Rector 1909, who

took the silver medal in the 100 meters at the 1908 Olympic Games and set school records in track and field, was also the first Arkansan to win an Olympic medal. Leah Smith (Col ’16) and Inge Janssen (Col ’10) are UVA graduates who medaled in Rio in 2016 for swimming and rowing, respectively.

PHOTO CREDITS 1. MGM 2. PARAMOUNT PICTURES 3. REDHOUSE PRODUCTIONS 4. UVA LAW SPECIAL COLLECTIONS/LAW SCHOOL FOUNDATION 5. JESÚS PINO 6. CBS.COM 7. FOX/YOUTUBE 8. TRISTAR PICTURES 10. AUCHINCLOSS: TOM COGILL; GIFFIN: EMMANUELLE CHOUSSY; MOMADAY: STEVEN ST. JOHN 12. WILSON IN UNIFORM: DARTMOUTH ATHLETICS; WILSON WITH SON: ANDY GARRIGUE 13. MARSHALL AND MARSHALL JR.: UVA LAW SPECIAL COLLECTIONS/ LAW SCHOOL FOUNDATION; KENNEDY JR.: WATERKEEPER ALLIANCE.

Which notable authors attended UVA Law?

didn’t think EYou you’d get through this list without a trick question, did you? Collectively, fiction authors such as Louis

Auchincloss ’41, Linda Fairstein ’72, James W. Huston ’84, David Baldacci ’86, Emily Giffin ’97, Helen Wan ’98 and Corban Addison ’04

have entertained, by our guesstimate, hundreds of millions of readers. (Baldacci alone has sold more than 130 million books worldwide.) N. Scott Momaday ’59, who wrote the Pulitzer Prize-winning “House Made of Dawn,” setting off a renaissance in Native American literature, attended UVA Law for one year.

Which professional sports team did Harrison “Harry B.” Wilson III ’80 play for? San Diego Chargers. Though

he was a standout athlete at Dartmouth and class president at UVA Law, Harrison

Which one of these famous juniors did NOT go to UVA Law?

William F. Buckley Jr., the

founder of the National Review, is not an alum.

“Harry B.” Wilson III ’80

wanted to fulfill one more dream by walking on to a professional football team. He caught a touchdown pass in preseason play but was cut before the regular season began. “I jumped from the Harlem Rednecks (a team in the Charlottesville flag

Which famous TV and film “Brat Pack” actor was born in Charlottesville to a UVA Law graduate?

Roosevelt Jr. ’40

graduated from the Law School on June 10, 1940, President Franklin Delano Roosevelt delivered his famous “hand that held the dagger” speech at UVA’s Memorial Gym. The morning of the ceremony, Italy had declared war on Britain and France. In his graduation speech,

Charles D. “Chuck” Lowe ’64 and his wife,

football league) to the NFL,” he said in an interview published in UVA Lawyer. Wilson went on to work in the legal department of Proctor & Gamble, and later as executive director of the Hard Road to Glory sports hall of fame. He died in 2010, but his family’s sports legacy lives on: In 2014, his son, quarterback Russell Wilson, led the Seattle Seahawks to victory in Super Bowl XLVIII.

went on to work in the Clinton administration as assistant to the president and White House Cabinet secretary. He also coordinated the federal government’s efforts in preparing for the 2002 Winter Olympics.

When Franklin

his final year BInof law school,

Marcia, a nurse, welcomed their son Rob Lowe. The actor posted a happily nostalgic picture of himself as a child, with mother and father, on Instagram in 2016: “Just found this pic of me and my beautiful, amazing mom and dad (just out of law school at UVA) #family.” In an interview with the Dayton Daily News, Chuck Lowe made reference to his son having been named one of People magazine’s “101 Sexiest Men Alive.” “All I wanted to be was the 17th (sexiest) in Anderson, Indiana,” quipped the Dayton, Ohio, attorney, who focuses on family and divorce law.

Thurgood Marshall Jr. ’81

Roosevelt said the country “has manifested disregard for the rights and security of other nations,” referring to the move as a knife “into the back of its neighbor.” The New York Times reported that the audience broke into cheers, applauded and stamped their feet as the president neared the end of his speech. The younger Roosevelt went on to serve as a naval officer in World War II, a U.S. congressman and chairman of the Equal Employment Commission.

Thurgood Marshall Sr., the groundbreaking U.S. Supreme Court justice and director-counsel of the NAACP Legal Defense and Educational Fund, served as a judge for the William Minor Lile Moot Court’s 50th anniversary competition and was the commencement speaker at UVA’s graduation in 1978. Alumni created the Thurgood Marshall Research Professorship in Law in 2004.

Robert F. Kennedy Jr. ’82

went on to become a noted environmentalist. He is president of the board of Waterkeeper Alliance, chairman of the World Mercury Project and former senior attorney for the Natural Resources Defense Council. See p. 24 for more on Robert F. Kennedy Sr. ’51,

the storied senator and attorney general. —Eric Williamson and Mary Wood

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 71

CLASS NOTES

Looking

72 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

CLASS NOTES

Back

A BICENTENNIAL PHOTOALBUM

CLASS NOTES

The 5

8 1 Professor Samuel Thompson in 1977. 2 Admissions Director Carole Spears (seated) poses with the staff of the Law School Admissions Office, circa 1976.

9 3 Once and future deans: Emerson Spies, John C. Jeffries Jr. ’73 and Richard Merrill pose in an undated photograph. 4 Dean F.D.G. Ribble ’21 plays softball with

74 UVA LAWYER SPRING 2019

students and faculty in the early 1950s. 5 Class of 1986 members David Hicks, Deb Lambert Dean and Mary Beth Sullivan at a party held at Professor Thomas

100 CHANGE AGENTS

Bergin’s house in 1984. 6 Dean Risa Goluboff hosts a dinner for firstyear law students serving as Community Fellows in 2017. 7 LL.M. Class of 2006

graduates Isabel “Priscilla” Vera Hernandez of Peru, and Napatporn“Napat”Tongbai and Thidaporn “Tida” Sirithaporn of Thailand enjoy a picnic.

8 Members of Virginia Law Women in 1977 included Nancy Ehrenreich ’79, Steph Ridder ’77, Gloria Cordes Larson ’77 and Cathy Garcia-Patterson ’78.

CLASS NOTES

People 7

10 9 Professor Mildred Robinson talks with a student after class. 10 Then-Dean Monrad Paulsen ’38 serves “The Dean’s Beans”—his home-cooked baked

beans—at Tony’s Café for 50 cents a bowl in 1973. 11 Professor Caleb Nelson talks to two law students after class in the fall of 2011.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 75

CLASS NOTES

7 1 The steel foundation of Caplin Pavilion, which would change the face of the Law School, takes form circa 1996. 2 Linda Howard ’73, who was the first female and first black student to serve as Law School

president, is this year’s graduation speaker. 3 Gregory H. Swanson ’51 consults with Assistant Law Dean Charles Woltz after registration on Sept. 15, 1950. 4 John Merchant ’58, the first black student

76 UVA LAWYER SPRING 2019

to graduate from the Law School, is pictured with fellow officers of the Barrister, the Law School’s yearbook, in 1958. 5 Professor Lillian R. BeVier, who joined the faculty in 1973, was the

100 CHANGE AGENTS

school’s first tenured female law professor (pictured in 1985). 6 The Law School’s Supreme Court Litigation Clinic, launched in 2006, has become one of the nation’s top groups to bring cases to the court.

7 Elizabeth N. Tompkins ’23 (bottom row, center), the first woman to graduate from the Law School, is pictured with her class in 1923. 8 Margaret G. “Peggy” Seiler ’51 (back row) was the first female board

member of the Virginia Law Review, pictured in 1951. 9 Hiraoaka Ryosuke of Hakate, Japan (second row, center), studied law with the Class of 1900, along with W.W. Yen (not pictured), UVA’s first Chinese graduate.

CLASS NOTES

Milestones

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 77

CLASS NOTES

Places

1 Students study in the Arthur J. Morris Law Library in 2018. 2 The Clark Memorial Hall entrance atrium, in an undated photo. 3 Moyston Court, between the Law School and Darden, was

affectionately known as “Red Square.” 4 Remember the computer lab? 5 Tony’s Café, here in 1971, served as a lunch spot before the school moved to North Grounds. 6 In 1975, the William

78 UVA LAWYER SPRING 2019

Minor Lile Moot Court competition took place in Old Cabell Hall on Main Grounds. 7 The HMZ | Class of 1975 Student-Faculty Center also houses Scott Commons. 8 A student studies in the

100 CHANGE AGENTS

original library on North Grounds. 9 Clark Hall Memorial Library. 10 Students stand in the original hallway of Withers-Brown, before it was carpeted. 11 A classroom in 1983.

CLASS NOTES

8 9

10 11

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 79

CLASS NOTES

Famous 11

14 1 Chief Justice Warren Burger speaks at the Law School in 1985, a year before taking senior status on the court. 2 In 1991, then-law student Jim Ryan ’92, now president of UVA, meets former President Jimmy Carter at the inaugural Dillard Scholars’ Lecture.

3 U.S. Supreme Court Justice Ruth Bader Ginsburg speaks to Professor Anne Coughlin’s class before receiving the Thomas Jefferson Memorial Foundation Award in Law in 1997 (now the Thomas Jefferson Foundation Medal in Law).

80 UVA LAWYER SPRING 2019

4 U.S. Rep. Shirley Chisholm, the first black woman elected to Congress, speaks at a Student Legal Forum event in 1973. 5 Members of the Law School’s Black American Law Students Association in 1974 included Ronald

100 CHANGE AGENTS

Reynolds Wesley ’75, Delores R. Boyd ’75, Kester I. Crosse ’75, Jan Freeman ’75, Dennis L. Montgomery ’75 and Sheila Jackson Lee ’75. Reynolds is currently a principal at Reynolds Wesley and a commissioner in chancery of the Circuit Court of the city of

Richmond, Virginia. Boyd is a retired U.S. magistrate judge in Alabama. Cross went on to practice in Delaware. Jackson Lee is currently the U.S. representative for Texas’ 18th congressional district. 6 Former President Harry Truman speaks at the Student Legal Forum

banquet in May 1960. 7 Academy Award-winning writer and director Oliver Stone lectures on “Culture in America in the Twentieth Century” at a Student Legal Forum event in 1993. 8 U.S. Attorney General Janet Reno speaks at the 40th anniversary cel-

CLASS NOTES

3 4

Faces 13

ebration of the Virginia Journal of International Law in 2000. 9 The first female U.S. Supreme Court justice, Sandra Day O’Connor, was also the first woman to receive the Thomas Jefferson Memorial Foundation Award in Law, in 1987.

10 Boxing legend Muhammad Ali visits then-Professor Stephen A. Saltzburg’s Criminal Procedure class in 1988 to discuss U.S. v. Clay. The Supreme Court case centered on Ali, formerly known as Cassius Clay, and his failure to report for military service during

the Vietnam War on conscientious objector grounds. 11 Dean Thomas A. Jackson, Bonnie Jackson and U.S. Supreme Court Justice Lewis F. Powell Jr. at a UVA Law alumni event, circa 1989. 12 J. Harvie Wilkinson III ’72 of the U.S. Court of

Appeals for the Fourth Circuit chats with U.S. Supreme Court Justice Antonin Scalia at the Federalist Society symposium in 1988. Perhaps they were comparing notes as former UVA Law professors?

13 Peter W. Morgan ’78 argues before Frank M. Coffin, chief judge of the U.S. Court of Appeals for the First Circuit; Thurgood Marshall, U.S. Supreme Court justice; and John D. Butzner Jr. of the U.S. Court of Appeals for the Fourth Circuit, during

100 CHANGE AGENTS

the 50th anniversary of the William Minor Lile Moot Court competition, in 1978. 14 Chief Justice William H. Rehnquist and Dean Robert C. Scott celebrate the 250th anniversary of Thomas Jefferson’s birthday on Founder’s Day in 1993.

SPRING 2019 UVA LAWYER 81

CLASS NOTES

5 7

For the 9 1 Formed in 2011, the Molly Pitcher Project advocated for women in the military to be eligible for combat roles by laying the groundwork for a federal discrimination lawsuit. By January 2013, the Defense Department lifted the ban on women in combat.

10 Members included Helen O’Beirne ’13, professor Anne Coughlin, Ariel Linet ’13, Rebecca Cohn ’13 and Kyle Mallinak ’13. 2 Black Law Students Association members and 2014 classmates Andrew Person, Andrea Canfield, Andrew Thebaud, and Sean

82 UVA LAWYER SPRING 2019

Suber clean up outside the Schoolhouse Thrift Shop in Charlottesville as part of the organization’s community service week in 2012. 3 In May 1970, the American invasion of Cambodia and the slaying of students by National Guardsmen at Kent State University led

100 CHANGE AGENTS

to strikes and protests by students on college campuses across the country, including at UVA. During a May 6 rally at the Rotunda, law students served as marshals and attempted to control the strike chaos, protect people and property, and advise students as needed on

11 their rights. Later, Donald Santarelli ’62 and Thomas M. Boyd ’72 helped rewrite the UVA student code of conduct to be more specific and fair in addressing misconduct. 4 Daniel Rosenbloom ’54 shakes hands with Stephen F. Smith ’92, the first recipient of the

Rosenbloom Award, given to a student with a strong academic record who supports or assists other students. Smith later became the John V. Ray Research Professor at UVA Law, and has been a professor at Notre Dame Law School since 2009. 5 Students protest the lack

CLASS NOTES

6 8

Greater Good 12 of diversity among the Law School faculty by boycotting classes during the early 1980s. 6 Sabrina Talukder ’14 (left) interviews a hotel owner about her personal experience with sex trafficking during a 2013 Human Rights Study Project trip to Madagascar.

7 Members of the Class of 2012 paint at the Blue Ridge Food Bank during the annual New Students Public Service Day in 2009. 8 Professor Richard Bonnie takes part in a roundtable discussion on gun violence and possible reforms with Vice President Joe Biden

in 2013, spurred by the Sandy Hook shooting. 9 Phil Storey ’09 helped Gabriel Rivas (third from left) become naturalized through the Immigration Law Clinic. 10 Post-Conviction Assistance Project members Tom Walls ’87 and Norman Cherner ’86 interview an inmate as

13 part of a bail project. 11 John White ’11 and David Smith ’10 volunteered in Kentucky during the first Public Interest Law Association alternative spring break in 2009. 12 Students from the Legal Environment Group, a precursor to the Virginia Environmental Law

Forum, tour the nuclear Surry Power Station in Virginia in 1971. 13 Rebecca Vallas ’09, who served as president of the Public Interest Law Association and as a Skadden Fellow after graduation, talks with clients in 2009. 14 Innocence Project Clinic student Alexandra

100 CHANGE AGENTS

14 Meador ’14 accompanies client Bennett Barbour to the polls in November 2012 as he votes for the first time, after he was exonerated with help from the clinic. Barbour died just two months later of bone cancer.

SPRING 2019 UVA LAWYER 83

CLASS NOTES

84 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

CLASS NOTES

Student Life 7

11 1 A student puts makeup on for the Libel Show in 1961. 2 Chris Knight ’15 leads a number in the 107th Libel Show in 2015. The musicalsketch-comedy show today involves a cast and crew of more than 100.

3 Students dance at Barristers’ Ball in Newcomb Hall Ballroom in 1984. 4 A student examines a list of possible job opportunities with the federal government in 1985.

5 Casey T.S. Jonas ’17 and her son, Coplan, at graduation. 6 First-year students participate in the Dandelion Parade circa 1996. 7 In the 1989 finals of the Law School Section

Basketball Tournament, Ken Wheeler ’91 (11) attempts to drive past Julian Brown ’91. 8 Ikenna Adams ’12 and Kristen Bromberek ’12 celebrate after their victories at the annual

North Grounds Softball League invitational in 2012. 9 A North Grounds Softball League game in 1979. 10 Petitioner Nancy Sparks ’76 presents her argument during the

100 CHANGE AGENTS

William Minor Lile Moot Court quarterfinal round. 11 Members of Virginia Law Women golf in 2012.

SPRING 2019 UVA LAWYER 85

TOM COGILL

LIFE is GOOD PROFESSOR JOHN MONAHAN’S SURVEY SHOWS 91% LIFE SATISFACTION

BY ERIC WILLIAMSON

ROFESSOR JOHN MONAHAN has been following you. Well, not you specifically, but the Class of 1990 as a whole.

In an ongoing study last updated in 2017, Monahan, the John S. Shannon Distinguished Professor of Law, has tracked the progress of alumni for almost 30 years. What he’s found is no surprise to many UVA Law grads—a high degree of both career and life satisfaction. The amazing part may be how high. A total of 91 percent of respondents said they felt satisfied with their lives, ranging from “average satisfaction” to “very highly satisfied.” What’s more, the happiness has risen over time. In 2007, 86 percent reported feeling satisfied. The average age of participants this time was 53. The findings cut against the image—cast by popular culture and, Monahan suggests, some suspect high-profile research—that lawyers are a largely unhappy bunch, relatively

86 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

more prone than other similar professionals to depression, substance abuse and suicide. An enthusiastic survey response rate gives Monahan confidence in his findings, he said. Having sampled everyone who responded to the 20-year follow-up survey in 2007, “We got a response rate of 81 percent [or 259 people], which is literally unheard of for things like this,” he told members of the class during a presentation at the Law School’s fall 2018 Board and Council luncheon. In terms of their careers, respondents said both the prestige of the Law School and the training it provided made a large difference in their work lives. Eighty-eight percent agreed or strongly agreed that the school “prepared me well for my legal career,” while 92 percent agreed or strongly agreed the school’s prestige was a benefit. “So we’re great in real life, and we’re even greater on paper,” Monahan joked.

for the Class of 1990

More than a quarter—27 percent—were working at large private law firms (defined as having at least 100 lawyers in them), with 42 percent working in firms overall, but that number has declined over the years. A significant number of lawyers have transitioned into other jobs, including nonlawyer positions in the business world; others have become self-employed consultants, nonprofit employees or academics. Monahan noted a significant uptick of women with children, who weren’t working as of the previous survey, reentering the workplace. The returning earners were just as satisfied with their lives and careers as the women who had never stopped working. Overall, 94 percent of female respondents reported being satisfied with their lives. Money, while not everything, may have been a component in satisfaction, male or female. The median pretax household income for 2016 was $350,000, with a quarter of the sample having a household income of $150,000 or less and a quarter having a household income of $650,000 or more, and with 18 percent reporting household income of over $1 million. Other factors that may have contributed: 86 percent

reported being partnered or married, 63 percent had children at home and 95 percent said they were in good-toexcellent health. “To this day, I’m overwhelmed by how much respect I have for the people I met at UVA,” one of the satisfied survey respondents wrote. “At no other point in my life have I felt surrounded not only by incredibly intelligent and creative people, but thoughtful, generous and caring people. … Based on my experience with fellow lawyers from other top law schools, no other law school encourages being a great worker, leader and friend, along with being a great lawyer. It’s what makes UVA truly different. I hope that never changes.”

“AT NO OTHER POINT IN MY LIFE HAVE I FELT SURROUNDED NOT ONLY BY INCREDIBLY INTELLIGENT AND CREATIVE PEOPLE, BUT THOUGHTFUL, GENEROUS AND CARING PEOPLE.” —CLASS OF 1990 SURVEY RESPONDENT

Monahan’s paper on the findings, “Lawyers at the Peak of Their Careers: A 30-Year Study of Job and Life Satisfaction,” co-authored with statistician Jeffrey Swanson of Duke University, was published in the Journal of Empirical Legal Studies and is now available at http://bit.ly/2VWyQfD.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 87

MICHAEL BAILEY

88 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

PROFESSOR GEORGE YIN, NOTED PUBLIC SERVANT, RETIRES AFTER 25 YEARS BY ERIC WILLIAMSON

A Tax-Seasoned Professor

HEN DOES A SEASONED TAX EXPERT decide to retire? At age 70½, of course.

That’s when beneficiaries of retirement plans usually have to start taking distributions—and the age Law School professor George Yin will be this year. Yin will retire at the end of the spring semester after 25 years on the faculty. “The Law School has been really wonderful to me,” Yin said. “It just seemed to me that I should think of it as: I’ve had my shot and it’s time to pass it on to somebody else.” Yin, who began teaching at UVA Law in 1994 after visiting from the University of Florida College of Law, is a noted public servant. From 2003-05, he took leave to serve as chief of staff of the U.S. Congress’ Joint Committee on Taxation, one of the most influential tax positions in the country. “I had supervisory responsibility for 60 to 70 people, and direct responsibility to every member of Congress, including especially the chairs and members of the House and Senate tax committees,” Yin said. He and his staff assisted Congress on a number of tax bills, including the Jobs and Growth Tax Relief Reconciliation Act of 2003, the Working Families Tax Relief Act of 2004, and the American Jobs Creation Act of 2004. Under his watch, the committee expanded its ability to perform macroeconomic analyses of tax legislation and

completed a major report setting forth options to improve tax compliance and reform tax expenditures. Yin said he took pride in leading a “THERE WERE nonpartisan staff in a highly partisan INEVITABLE environment. CONFLICTS “You’re on your own little island, surWHEN THE rounded by sharks of all colors and sizes,” STAFF’S he said. “You’re essentially under chalCONCLUSIONS lenge and attack by virtually everybody. WERE NOT If you’re doing your job right, nobody WHAT ONE really likes you. Our staff was required to OR MORE perform certain tasks that were essential MEMBERS OF to the legislative process and potentially CONGRESS affected who would win or lose. Thus, WANTED.” there were inevitable conflicts when the staff’s conclusions were not what one or more members of Congress wanted.” One burned-into-memory moment from his service was a showdown with a very high-ranking member of the House, who was furious with a critical conclusion of the joint committee staff. The congressman burst into Yin’s office and demanded to see the staffer who had worked directly on the project, with the intention of possibly firing him. Yin offered to surrender his own job but refused to let the congressman see his staff member, who had done his 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 89

work correctly. “The conclusion was an institutional one, and I was the head of the office,” Yin said. Yin’s first major public service was as tax counsel for the U.S. Senate Finance Committee. His work there, from 1983 to 1985, included spearheading a major project to reform and simplify the tax laws dealing with corporate-shareholder transactions, including mergers and acquisitions. “Up until that point, my focus had been on being a really good private practitioner who advised clients on how the law dealt with their transactions,” he said. But in government, “You’re suddenly in a position to think of the law as malleable rather than fixed.” He added, “That line of thinking led me into academia—something never before on my radar screen—because that’s what academics have the privilege of doing.” Yin is retiring at the top of his game as an influential voice in tax policy. He’s become the leading expert on the legal issues involved in the release of the president’s tax returns, and congressional power to acquire and release returns in general. Professor Jon Cannon, a longtime colleague who has also “YOU’RE served in government (including as general counsel to the SUDDENLY Environmental Protection Agency), said Yin’s approach to IN A academia has been a template he has emulated. POSITION “George has been a wonderful mentor, colleague and friend TO THINK ever since I came to the Law School some 20 years ago,” CanOF THE non said. “He combines a practical sense of what’s important LAW AS with a scholar’s commitment to finding—and saying—the MALLEABLE truth. He is unfailingly generous and kind. There could not RATHER have been a better model.” THAN Yin became interested in tax law after taking an introducFIXED.” tory tax class in the first semester of his second year at George Washington University Law School. “My professor was very tough and mean,” he said. “Grades were posted back then, and the grades he handed out were by far the lowest in the school, with about a third of each class flunking. In addition, he was very uncivil in class and would belittle and embarrass the students. “I was scared to death and therefore studied extremely hard. And lo and behold, maybe as a result, I gradually began to see the patterns and logic that make the tax law so fascinating, something that has captured my imagination ever since.” Not surprisingly, Yin got the highest grade in the class—in fact, the highest awarded in many years. He nervously approached the professor once grades were posted. Maybe the instructor would soften if they chatted? Perhaps even 90 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

❱ Carney's son, Alfonso Carney III ’18, is in the J.D.-MBA program at UVA.

UVA LAW LIBRARY/LAW SCHOOL FOUNDATION

❱ Yin teaches a class at the Law School, circa 1994.

offer some words of career advice or agree to be a reference? “He looked at me and said, ‘So, you’re the one? Huh!’ And that was it. That was the extent of the conversation we had.” After law school, Yin served as a clerk at the U.S. Court of Claims before practicing tax law at Sutherland Asbill & Brennan in Washington, D.C., “a great firm that really advanced my ability as a lawyer.” When he began teaching law, Yin pondered briefly if he should take the hard-as-nails approach with his own students. Instead, he opted to be his nice-guy self. “I decided I should teach the way I am,” he said. It’s been an approach that has served him well. Judge Cary Douglas Pugh ’94, who sits on the U.S. Tax Court, was a student in Yin’s Corporate Tax class when he taught it for the first time at UVA as a

AP PHOTO/JOSE LUIS MAGANA

❱ Yin testifies Feb. 7 during a House Ways and Means Committee Oversight Subcommittee hearing on proposals to compel presidents and presidential candidates to make their tax returns public.

visitor. She said his class was recommended to her by others who had known of Yin’s respected service in government. She was not disappointed. “George made an otherwise daunting subject accessible,” Pugh said. “People often have a brain freeze when it comes to tax. He made it less intimidating, and much more interesting. He had a respect for the right policy answer, and he has always been very supportive of me, especially after I left the Law School. He affirmed my career in tax and in public service.” In addition to being a dedicated instructor, Yin has helped with Law School governance, having led the preparation of a report for the most recent American Bar Association seven-year re-accreditation visit and served on the faculty Appointments Committee several times. He has also published extensively on a broad range of tax topics and consulted with government and policy organizations. Between 1994-99, he was reporter to the American Law Institute’s federal tax project on the income taxation of private business enterprises. He has been a consultant to other ALI tax projects, the Department of Treasury, the U.S. Joint Committee on Taxation, the National Commission on Restructuring the Internal Revenue Service, and the U.S. House Committee on Ways and Means. He is currently a member of the IRS Advisory Council and serves locally on the board of the Charlottesville Symphony Society. Prior to going to law school, Yin was a member of Teacher

Corps, an earlier version of Teach For America, in which non-education majors teach in inner-city schools. He subsequently served as director of a 100-child day care center in a low-income housing project. “Working with the problems of my staff and the families of some of my children helped persuade me to think about learning the law,” he said. “I subsequently worked as a computer programmer to begin accumulating funds for law school.” He also held a number of jobs while attending high school and college. “It will be a little strange not to receive a paycheck for the first time in 56 years,” he said. He has a master’s in early childhood education from the University of Florida and a bachelor’s degree in mathematics from the University of Michigan. He is a native of New York City. Yin plans to continue his research as a professor emeritus. “My research still excites me, but I have a number of other interests as well,” he said. “It’s nice to know that if I find something even more engaging, I can change.” He also intends to spend more time with family—in particular his wife, Mary Walter, and his children and grandchildren—and looks forward to traveling. “In the short term, I’m going to do something I’ve always wanted to do, which is visit China in the fall when its weather tends to be best,” he said.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 91

The Human Rights Study Project, alumni and other UVA students trek to Pangboche, at an altitude of over 13,000 feet, in the Khumbu region.

EXPERIENCING

THE HUMAN RIGHTS STUDY PROJECT TREKS TO THE FOOT OF MOUNT EVEREST PHOTO ESSAY BY JULIA DAVIS Students in the Human Rights Study Project took part in a once-in-a-lifetime trip to Nepal in January, opening their eyes to the state of reforms since the countryâ&#x20AC;&#x2122;s 10-year civil war ended in 2006. In addition to meeting with top officials and human rights advocates in Kathmandu, the students received blessings from villagers, crossed seemingly precarious suspension bridges as they trekked through the Khumbu region, and even got an up-close look at a purported yeti skull. A smaller group traveled to the base camp of Mount Everest. 92 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

NEPAL

Mika Bray ’20; Professor Camilo Sánchez, who teaches the classroom component of the Human Rights Study Project; and Alana Broe ’19 pose after receiving traditional blessings from local villagers.

Swayambhunath Stupa is a temple and pilgrimage site in Kathmandu.

Students and alumni, including Katie Ryan ’92, Sean Mahoney ’92, Mark Brzezinski ’91 and Tom Willis ’92, get their first glimpse of Mount Everest in Sagarmatha National Park.

Participants in the yearlong class are known as Cowan Fellows for the longtime support of Cameron L. Cowan ’81. This year’s trip was made possible thanks to the generosity of David C. Burke ’93, chief executive officer of Makena Capital Management. Mark Brzezinski ’91, a former U.S. ambassador to Sweden, was among the additional alumni and student guests who attended. He helped plan the trip, along with Burke and Professor Camilo Sánchez, and interacted with students while there, sharing his wisdom. 100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 93

Prayer flags fly over Thamel, the commercial and tourist center of Kathmandu.

Marwa Abdelaziz ’19 looks out over Sqayambhunath, one of the oldest religious sites in Nepal.

94 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

Paul Devamithran ’20, Gabriela Wolk ’19, Rachel Barnes J.D.-MBA ’21, Kate McGinn (Com ’19) and Rambert Tyree (Com ’19) stand outside Boudhanath Stupa, one of the largest Buddhist stupas in the world.

The group met with villagers outside of Pokhara.

Swayambhunath, also known as the Monkey Temple, is home to hundreds of monkeys, considered holy by Buddhists.

Students have lunch with U.S. Embassy officials in Kathmandu.

Alana Broe â&#x20AC;&#x2122;19 makes the acquaintance of a student at the Aadikavi Bhanubhakta campus, a school serving women of the indigenous Dalit community.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 95

96 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

The team climbs the hills outside of Namche Bazaar, the last major village before reaching Everest base camp.

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 97

FACULTY FOCUS

FACULTY FOCUS: ADMINISTRATIVE LAW FACULTY AT UVA LAW WHO STUDY AND ENGAGE IN ADMINISTRATIVE LAW ISSUES ARE BOTH LEADING A CONVERSATION IN THEIR SCHOLARSHIP AND SHAPING IT IN THE COURTS. Numerous professors have expertise in the operation and procedures of government agencies, some having served at the highest levels of government administration. Jon Cannon served as general counsel for the Environmental Protection Agency. Aditya Bamzai and John Duffy both served as attorneyadvisers to the Department of Justice’s Office of Legal Counsel. Some have specialized knowledge in areas such as environmental law, and food and drug law, while others work on more general aspects of the administrative state. Methods range from Bamzai’s originalism-influenced approach, to the economic analyses of Michael Livermore and Jason Johnston, to the empirical research of Josh Fischman.

98 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

FACULTY FOCUS

ADITYA BAMZAI ❱ Argued before the U.S. Supreme Court as a rare independent amicus in 2018. ❱ Served as an attorneyadviser in the Office of Legal Counsel at the Department of Justice. ❱ Practiced appellate litigation privately and for DOJ’s National Security Division. ❱ Clerked for Justice Antonin Scalia at the U.S. Supreme Court.

JONATHAN Z. CANNON ❱ Served as general counsel (1995-98) and an assistant administrator (1992-95) for the Environmental Protection Agency. ❱ A memo he wrote while at the EPA, asserting that the agency has the legal authority to establish and enforce climate change policy, undergirds Massachusetts v. EPA. ❱ In 2009 was appointed to a National Academy of Sciences committee tasked by Congress to explore climate change. ❱ Scholarship has examined environmental decisions of the U.S. Supreme Court.

JOHN DUFFY ❱ Served as an attorney-adviser in the Department of Justice’s Office of Legal Counsel. ❱ Was on the team that won the Supreme Court case TC Heartland v. Kraft Food Brands Group, which curbed patent infringement case “forum shopping.” ❱ In the field of intellectual property, Duffy has been identified as one of the 25 most influential people in the nation by The American Lawyer and one of the 50 most influential people in the world by the U.K. publication Managing Intellectual Property. ❱ Clerked for U.S. Supreme Court Justice Antonin Scalia and for Judge Stephen Williams of the U.S. Court of Appeals for the D.C. Circuit. ❱ Public member of the Administrative Conference of the United States, an independent federal agency charged with recommending improvements to federal administrative processes and procedures.

JOSH FISCHMAN

❱ Research interests include law and economics, empirical

methods, judicial decision-making and criminal sentencing. ❱ Authored a 2014 paper examining administrative adjudication. ❱ Authored a 2011 paper that examines immigration appeals in the Ninth Circuit. ❱ Ph.D. in economics from the Massachusetts Institute of Technology.

JASON JOHNSTON

❱ Has served on the board of directors of the American Law and Economics Association, on the National Science Foundation’s Law and Social Science grant review panel, and on the board of the Searle Civil Justice Institute. ❱ Research focuses on issues in financial, and environmental and natural resource regulation. ❱ Currently working on a book that critically analyzes the foundations of global warming law and policy, and articles on the economics of judicial deference to administrative agencies, and the design of regulatory institutions for scientific assessment. ❱ Clerked for Judge Gilbert S. Merritt of the U.S. Court of Appeals for the Sixth Circuit. ❱ Olin Postgraduate Fellow in Law and Economics at Yale Law School. ❱ Ph.D. in economics, University of Michigan, where he also earned his J.D.

❱ Research funded by

MICHAEL LIVERMORE ❱ Leading expert on cost-benefit analysis and executive oversight of administrative agencies. ❱ Author of “Retaking Rationality: How CostBenefit Analysis Can Better Protect the Environment and Our Health” (with Richard L. Revesz) and other work examining the interaction of politics, economics and regulation. ❱ Public member of Administrative Conference of the United States. ❱ Founding executive director of the Institute for Policy Integrity at New York University School of Law, a think tank dedicated to improving the quality of decision-making by administrative agencies. ❱ Clerked for Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit.

MARGARET FOSTER RILEY ❱ On the board of directors for the Food and Drug Law Institute. ❱ A member of National Academies Science, Engineering, Medicine, Committee on Assessment of the Care and Use of Dogs in Biomedical Research.

or conducted at the U.S. Department of Veterans Affairs (2019-20). ❱ Consultant, National Academies of Sciences, Engineering, Medicine, Committee on Pain Management and Regulatory Strategies to Address Prescription Opioid Abuse (2016-17). ❱ Member, National Research Council Study Committee on Controlled Human Exposure Studies at EPA (2015-16). ❱ Member, National Research Council Committee on Revisions to the Common Rule for the Protection of Human Subjects in Research in the Behavioral and Social Sciences (2013-14).

ANN WOOLHANDLER

❱ Worked for a decade as a civil rights lawyer in Louisiana. ❱ Scholarly interests involve key doctrinal features of the law of federal courts. ❱ Scholarship has been cited by the U.S. Supreme Court.

FACULTY FOCUS

❱ Consumer Law Clinic student Amber Roberts ’15 helped the Terrell Family save their house from foreclosure.

ADMINISTRATIVE LAW AT 2017-19 UVA COURSES LAW THROUGH UVA LAW’S ADMINISTRATIVE LAW COURSES, students gain insights into the operation and procedures of government agencies, often through the firsthand experiences of their professors. Several clinics interact with administrative law issues at the federal, state and local level.

Administrative Law Advanced Campaign Finance Airline Industry and Aviation Law Animal Law Antitrust Antitrust Practice Antitrust Review of Mergers in a Global Environment Banking and Financial Institutions Business and Governmental Tort Liability Climate Change Law and Policy Constitutional Law and Economics Current Issues in Drug Law and Policy

100 UVA LAWYER SPRING 2019

Education Law and Policy Education Rights and Enforcement Employment Law: Wage and Hour Regulation Energy and Environmental Products Trading and Commodities Regulation Energy and the Environment Energy Regulation and Policy Environmental Law Exercises in Rulemaking: Society, Technology and the Law Federal Lands, Energy and Natural Resource Law Federal Regulation of Investment Companies Food and Drug Law Food Law

100 CHANGE AGENTS

Foundations of Climate Change Law and Policy Genetics and the Law Government Contract Law Government Ethics: Conflicts of Interest, Lobbying and Campaign Finance Government Secrecy Health Care Marketplace: Competition, Regulation and Reform Historic Preservation Law Immigration Law Implicit Bias and the Law International Trade Law Land Use Law Law and Economics II: Public Law and Economics Law and Education Law of Human

Experimentation Law of the Police Legislation Legislation and Regulation Legislative Drafting and Public Policy Monetary Constitution Seminar Positive Political Theory and the Regulatory Process Presidential Powers Providing K-12 Education; Taxes and Money Quantitative Methods Regulating Addictive Drugs Regulation of the Political Process Regulation of U.S. Industries Regulatory Law and Policy Reproductive Ethics and Law Rules

Securities Regulation State and Local Government Law Tax Policy The Fed, the Financial Crisis and Its Aftermath The U.S. President and Policymaking: History, Theory and Simulation Topics in Banking and Financial Regulation U.S. Refugee and Asylum Law Seminar Wildlife Law

CLINICS

Consumer Law Clinic Environmental and Regulatory Law Clinic Immigration Law Clinic Litigation and Housing Law Clinic

FACULTY

FACULTY NEWS

UVA LAW FACULTY LEAD IN

U.S. SUPREME COURT CITATIONS

PAGE 102

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 101

FACULTY NEWS

UVA LAW FACULTY LEAD IN U.S. SUPREME COURT CITATIONS

The U.S. Supreme Court cited UVA Law professors more than any other school’s faculty in the 2016 and 2017 terms, according to a study of academic journal citations released in the fall. Justices cited UVA Law professors’ scholarly work 13 times, according to the blog Empirical SCOTUS. Professor CALEB NELSON led all authors with six citations, while Professor SAIKRISHNA PRAKASH was cited four times. Nelson was also one of only two authors with multiple citations in the same case, and one of two authors with multiple citations in multiple cases: Ortiz v. U.S. and Sessions v. Dimaya, concerning original jurisdiction and criminal procedure, respectively. Justice Clarence Thomas cited professors from Virginia and Harvard more frequently than those from other schools, while Justice Samuel Alito Jr. cited UVA Law professors most often. Professors ADITYA BAMZAI, JOHN HARRISON and ANN WOOLHANDLER were also cited in the past two terms. The Virginia Law Review tied for No. 6 in citations among law journals, with 10. Among his colleagues, Justice Stephen Breyer cited the Virginia Law Review the most, and more than any other journal, with four mentions. The Harvard Law Review was the most cited. Nelson is the Emerson G. Spies Distinguished Professor of Law and Caddell and Chapman Professor of Law. A past winner of UVA’s All-University Teaching Award, he teaches civil procedure, federal courts and statutory interpretation. Nelson is also the author of a casebook on statutory interpretation and an elected member of the American Law Institute. He clerked for Thomas. Prakash is the James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law. His scholarship focuses on separation of powers, particularly executive powers, and he is the author of the book “Imperial from the Beginning: The Constitution of the Original Executive.” Prakash also clerked for Thomas. UVA Law faculty have been recognized before for their influence on the judiciary. In a study of U.S. Supreme Court, federal appeals court and state high court decisions from 2005-14, the school ranked No. 3 in the number of professors among the top 100 faculty in the country cited. —Mike Fox

102 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

FACULTY NEWS

KENNETH S. ABRAHAM

MICHAL BARZUZA

co-authored “Automated Vehicles and Manufacturer Liability for Accidents: A New Legal Regime for a New Era” with Robert Rabin in the Virginia Law Review and “The Puzzle of the Dignitary Torts” with

published “NYC Comptroller’s Targeting Strategy” in the Boston University Law Review (forthcoming 2019) and “The Private Ordering Paradox in Corporate Law” in the Harvard Business Law Review. She also gave presentations at the TAU/NYU Corporate Law Conference; the TAU Panel on M&A Litigation; the Boston University Law Review symposium; the Corporate Governance Seminar at Tel-Aviv University; the Hebrew University Law & Economics Colloquium; the ColumbiaOno Conference on Corporate Law and Governance; the American Law and Economics Association Annual Conference; and a UVA Law faculty workshop.

G. EDWARD WHITE

in the Cornell Law Review.

BARBARA ARMACOST ’89

taught in a national education program for law enforcement officers titled “Constitutional Foundations for Law Enforcement, Principles, Theory and Practice,” sponsored by the Robert H. Smith Center for the Constitution at Montpelier in October. In late January, she presented a paper for a panel, “Law, Religion and Community,” as part of a festschrift for Robert F. Cochran Jr. at Pepperdine Law School. Her paper focuses on Cochran’s work on the legal profession as a Christian calling. She has also been invited to write a chapter on law and economics perspectives on torts for a book of essays on private law titled “Christianity and Law,” edited by Robert Cochran and Michael Moreland. In July, she will be teaching a weeklong class at Regent College at the University of British Columbia on Christianity and the law.

RICHARD BONNIE ’69

chaired a study for the National Academies of Sciences, Engineering and Medicine charged with translating rapidly developing knowledge on adolescent development into policies that will help all adolescents flourish. The underlying premise is that the nation needs to take greater advantage of the second “critical” period of brain plasticity (after early childhood) to create the workforce needed in the 21st century and to assure equal opportunity for all adolescents. A particular emphasis is placed on reconceiving the goals and design of secondary education.

The report also covers the health, justice and child welfare systems. Release of the report, “The Promise of Adolescence,” is expected in April. Bonnie’s leadership of the NASEM adolescence study complements his work as a co-reporter for the American Law Institute’s “Restatement of Children and Law” led by Columbia Law School professor ELIZABETH S. SCOTT ’77.

Bonnie also continued his work addressing the nation’s opioid problem. He published an invited commentary in the January issue of the American Journal of Public Health on the ongoing struggle with the proper prescribing and use of opioids in the United States. He and two anesthesiologists commented on eight articles assembled in a special section of the journal devoted to the continuing challenge of responding to the needs of tens of millions of Americans seeking relief from chronic pain while curtailing the rising toll of addiction and overdose deaths caused, in part, by overprescribing opioids. Publication of the commentary was accompanied by a podcast hosted by the journal’s editor. Bonnie is also serving as a core member of an Opioid Action Collaborative headed by the National Academy of Medicine and the Aspen Institute. Members are drawn from all the stakeholder groups in health care and government agencies at all levels. Bonnie is helping develop three-year action plans for expanding services for treatment and recovery from addiction, and for collecting and interpreting the data needed to measure the nation’s progress in curtailing the opioid problem while satisfying needs for pain management. Among Bonnie’s presentations on

BRADY WINS AALS AWARD FOR SCHOLARSHIP Professor MAUREEN “MOLLY” BRADY was named cowinner of the 2019 Scholarly Papers Competition sponsored by the Association of American Law Schools. Her paper, “The Forgotten History of Metes and Bounds,” forthcoming in the Yale Law Journal, explores the social and legal context surrounding earlier metes and bounds systems and the important role that nonstandardized property can play in stimulating growth. Metes and bounds is a method of describing land or real estate that uses physical features of the local geography, along with directions and distances, to define and describe boundaries. JAMES NELSON ’09, an assistant professor of law at the University of Houston Law Center, also won for his paper, “Corporate Disestablishment,” forthcoming in the Virginia Law Review. The competition, in its 34th year, is open to law faculty who have been teaching for five years or fewer. There were 55 entries this year. The award was presented in January during the AALS Annual Meeting in New Orleans. As winners, Brady and Nelson were invited to present their papers at the conference and serve on the Scholarly Papers selection committee in 2020. Brady joined the faculty as an associate professor of law in 2016. Her primary teaching and research interests are in property law, land use law, local government law, legal history and intellectual property law. Her scholarship undertakes historical analyses of legal rules and land use policies, using these analyses to account for developments in eminent domain law, to illuminate connections between property and other doctrinal areas, and to explore how different institutions respond to problems in city planning and governance. —Mike Fox

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 103

FACULTY NEWS

the opioid problem was participation in a panel on this topic at the Law School’s Shaping Justice Conference on Feb. 8. In collaboration with Professor Jeffrey Swanson at Duke University, Bonnie received a grant in December from the Joyce Foundation and the Fund for a Safer Future (New Venture Fund) to support a multistate comparative research study to evaluate the effectiveness of differing minimum-age standards for firearm purchase and possession by youths who have had justice system involvement as teenagers—18 in North Carolina, 24 in Florida and 29 in Virginia. This research complements Bonnie’s ongoing collaboration with Swanson and the Consortium on Risk-Based Firearm Policy on research and policy development on Extreme Risk Protection Orders (also known as “red flag laws”) that have received “common ground” support in the nation’s ongoing debate about firearm policy. They published commentaries on these laws in several newspapers and in the winter 2018-19 issue of Developments in Mental Health Law. Bonnie also continued to chair an Expert Advisory Panel for the Virginia General Assembly’s ongoing study of mental health services in Virginia. Together with JOHN E. OLIVER ’78, he led a task force charged with studying a tripling of involuntary admissions to state hospitals in recent years and recommending solutions. The task force issued an interim report in November and will issue a final report in the fall of 2019.

Theory series, which will publish books and edited volumes of scholarship on contracts, property, torts and other areas of private law. MAUREEN BRADY pub-

lished two articles this spring: “The Forgotten History of Metes and Bounds,” which was published in February in the Yale Law Journal, and “Property Convergence in Takings Law,” a contribution to a symposium on federalism in the Pepperdine Law Review. Brady has presented her work at numerous conferences and workshops recently, including the Law and Economics Workshop at the NYU School of Law; the Property Works in Progress Conference at the Boston University School of Law; and faculty workshops at both the Washington and Lee University School of Law and St. John’s University School of Law. In February, she gave a lecture on “Markets and the Evolution of Property Law” at the Center for the Study of Law and Markets at William & Mary Law School. In April, she will take part in a roundtable cosponsored by the Illinois Program in Constitutional Theory, History and Law, and the Richmond Law School Program on the American Constitution discussing Judge Jeffrey S. Sutton’s book, “51 Imperfect Solutions: States and the Making of American Constitutional Law.” The papers presented during the roundtable will be published in a forthcoming issue of the Illinois Law Review. Brady was also named this fall to the advisory board of the new Oxford Studies in Private Law

104 UVA LAWYER SPRING 2019

DARRYL BROWN ’90

co-edited the “Oxford Handbook of Criminal Process,” with Jenia I. Turner & Bettina Weisser, which was published in March. It includes his chapter, “The Law of Criminal Discovery in Common Law Jurisdictions.” He also published “Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute” in the December issue of the Minnesota Law Review. He will present a work-in-progress at a faculty workshop at the University of Utah School of Law in April.

JONATHAN CANNON

will present a draft book chapter on the Clean Water Act for peer review in April. He presented at a March symposium at the University of Texas Law School on environmental and natural resources law in changing environments, and participated in a March retreat co-sponsored by George Washington Law School and the Environmental Law Institute on “Reimagining Environmental and Natural Resources Law: 2020 and Beyond.” He is also continuing work on the book “Hidden Landscapes.”

100 CHANGE AGENTS

DUFFY, LIVERMORE APPOINTED TO FEDERAL ADMINISTRATIVE REVIEW AGENCY Professors JOHN DUFFY and MICHAEL LIVERMORE have been appointed public members to the Administrative Conference of the United States. The ACUS is an independent federal agency charged with convening experts to recommend improvements to administrative processes and procedures. ACUS has adopted more than 250 statements and recommendations—directed to all branches of government but largely with federal agencies—to improve agency decision-making, promote regulatory oversight and save costs. ACUS’ 150 volunteers are drawn from more than 70 federal agencies, as well as academia and private legal practice. The organization currently has 34 public members. Duffy is the Samuel H. McCoy II Professor of Law, and Elizabeth D. and Richard A. Merrill Professor of Law. In the field of intellectual property, Duffy has been identified as one of the 25 most influential people in the nation by The American Lawyer and one of the 50 most influential people in the world by the U.K. publication Managing Intellectual Property. In the field of administrative law, Duffy is a past recipient the Annual Scholarship Award conferred by the American Bar Association’s Section on Administrative Law and Regulatory Practice for the best piece of scholarship in the year (granted for the article “Administrative Common Law in Judicial Review”). Livermore is a professor of law whose research focuses on environmental law, regulation, bureaucratic oversight and the computational analysis of law. He is a leading expert on cost-benefit analysis and regulatory review, and he frequently collaborates on interdisciplinary projects with researchers in other academic fields, including economics, computer science and neurology. Prior to joining the faculty in 2013, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law. Professor ANDREW VOLLMER ’78, director of UVA Law’s John W. Glynn, Jr. Law & Business Program, is also currently serving as an ACUS public member. —Mike Fox

FACULTY NEWS

KEVIN COPE recently had three articles published in peer-reviewed or refereed journals: “Beyond Physical Integrity” (with Charles Crabtree and Yonatan Lupu) in Law and Contemporary Problems (for which he was a co-editor of the special issue); “Patterns of Disagreement in State Repression Measures” (with Charles Crabtree and Christopher J. Fariss) in Political Science Research & Methods; and “The Empirical Study of Rights and Institutions” (with Cosette D. Creamer and MILA VERSTEEG) in the Annual Review of Law and Social Science. Cope presented four different working papers at 11 workshops and conferences around North America. In the spring, he presented his paper with Charles Crabtree, “Migrant Family Separation and the Backlash to International Law,” at the 77th Annual Midwest Political Science Association Conference in Chicago, and at the University of Michigan Department of Political Science Interdisciplinary Workshop on American Politics. In February, with Charles Crabtree, he co-presented “A Nationalist Backlash to International Refugee Law: Evidence from a Survey Experiment in Turkey” at the NYU Center for Experimental Social Science conference. Last fall, he presented his paper “Estimating Judicial Traits From Text Analysis of Expert Evaluations” at the annual Conference on Empirical Legal Studies in Ann Arbor, Michigan, and at the Online Workshop on the Computational Analysis of Law. Also this past fall and spring, he presented his paper “Making Treaties”

at several conferences and workshops, including the Canadian Law & Economics Association Annual Conference in Toronto, Northwestern University School of Law, and UVA’s Lansing Lee/Bankard Seminar in Global Politics. This past fall, Cope’s study (with JOSHUA FISCHMAN) of then-Judge Brett Kavanaugh’s voting record on the D.C. Circuit was published in The Washington Post and cited by U.S. Sen. Mazie Hirono during the Senate Judiciary Committee’s confirmation hearings.

ASHLEY DEEKS published “Predicting Enemies” in the Virginia Law Review in December. She gave several talks related to that article, which analyzes the ways in which militaries are likely to employ the kind of predictive algorithms used today in the criminal justice system. She spoke on the topic at the University of Amsterdam Law School, Leiden Law School, the University of Oslo and Ghent University in Belgium, and she participated on a panel on the topic at a workshop on artificial intelligence and law at Harvard Law School. She also co-authored “Machine Learning, Artificial Intelligence, and the Use of Force by States,” published in January in the Journal of National Security Law and Policy. She gave a talk on that subject at NATO, discussing the likely effects that artificial intelligence will have on states’ resort to force and their conduct of hostilities. Deeks wrote the forward for the Virginia Law Review’s online symposium on Digital Democracy

held in January. The piece, titled “Facebook Unbound,” examines the commonalities between the challenges in regulating the executive branch’s national security activities and those of today’s powerful technology companies. In March, she presented an article on secret reason-giving at Vanderbilt University’s faculty workshop.

KIM FERZAN published “The Means Principle and Optimific Wrongs” in “Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander,” a book edited by Heidi M. Hurd and published by Cambridge University Press in 2018; “Beyond Defending Honor: Revisiting the Connection between Self-Defense and Success” in the Journal of Moral Philosophy; and “Defense and Desert: When Reasons Don’t Share” in the San Diego Law Review. Her paper “Deontological Distinction in War” was accepted by Ethics, and her paper “Consent and Coercion” was accepted by the Arizona State Law Journal. She continued her work on self-defense, presenting “Stand Your Ground” at the American Philosophical Association’s Pacific Division meeting in Vancouver and at the Legal Theory Workshop at Toronto Law. Ferzan also worked on issues in private law. She presented “Losing the Right to Assert You’ve Been Wronged: A Study in Conceptual Chaos?” at the Rutgers Institute for Law and Philosophy’s conference on Civil Wrongs and Justice in Private Law; she participated in a roundtable at

FERZAN’S NEW BOOK TACKLES ‘PROBLEMS AND PUZZLES’ IN CRIMINAL LAW Professor KIMBERLY KESSLER FERZAN has co-authored a new book that explores a series of quandaries that have arisen from her scholarship concerning retribution in criminal law. “Reflections on Crime and Culpability: Problems and Puzzles,” which Ferzan co-wrote with Professor Larry Alexander of the University of San Diego School of Law, was released in November from Cambridge University Press. The book builds on the pair’s “Crime and Culpability: A Theory of Criminal Law,” a 2009 book that asked what a retributivist criminal law should look like. They argued, among other things, that attempts are as culpable as completed crimes and that negligence is not culpable and should not be within the sphere of criminal law. In the new book, Ferzan and Alexander test the limits of their philosophical premises by discussing questions not contained in their previous collaboration. Ferzan said the “what ifs” came to them over the years as a result of peer discussions or in everyday thought. “Problems and Puzzles” presents a wide-ranging series of topics, including how individuals assess risks of other people’s behavior, omission liability, moral ignorance and recidivism, among other questions. Their questions about how retributive desert is administered aim to confront the issues that arise with distributive inequalities. “Retributive justice has to come to terms with the fact that the same fine, say $2,000, will punish a poor person far more than a rich person,” Ferzan said. Ferzan joined the Law School in 2014 after serving on the faculty of Rutgers Law School at Camden. She is the co-editor-in-chief of the journal Law and Philosophy, and is also on the editorial boards of Legal Theory, and Criminal Law and Philosophy. Prior to her career in academia, Ferzan was a trial attorney with the U.S. Department of Justice, Criminal Division, and a special assistant U.S. attorney in the District of Columbia. She teaches criminal law, evidence, advanced criminal law, and advanced law and philosophy seminars. She is also affiliated faculty with the University’s Philosophy Department. —Eric Williamson

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 105

FACULTY NEWS

Georgetown Institute for the Study of Markets and Ethics on John Oberdiek’s “Imposing Risk”; and she attended the invitation-only North American Workshop in Private Law Theory VI, held at Yale Law School.

should be available to the public in late spring or early summer.

In November, MICHAEL GILBERT presented “In-

An article by JOE FORE ’11, “Defining Probability Expressions in Predictive Legal Analysis,” was accepted by Legal Communication & Rhetoric and will be published in the journal’s fall 2019 issue. He also was appointed to two committees of the Legal Writing Institute: the Standing Committee for All Publications and the Public Relations and Social Media Committee.

GEORGE GEIS recently published “Traceable Shares and Corporate Law” with the Northwestern University Law Review. He also gave talks in March on a forthcoming article, “Information Litigation in Corporate Law” at Wake Forest Law School and Tulane Law School. Geis has joined the fourth edition of the casebook “Corporate Finance: Principles and Practice” with William Carney and Robert Bartlett, which is expected to be released later this year. He also recently finished filming an overview class on corporate law with The Great Courses teaching company as part of its “Law School for Everyone Series.” The class

sincere Evidence” at the law and economics workshop at the University of Michigan. That paper is coauthored with Professor SEAN SULLIVAN ’13 at the University of Iowa College of Law. Gilbert presented the same paper at Duke Law School in January and the University of Chicago Law School in February. Gilbert’s paper “Contributions and Corruption: Restoring Aggregate Limits in the States” was published by Cambridge University Press in an edited volume called “Democracy by the People.” His essay “Transparency and Corruption: A General Analysis” was published in the University of Chicago Legal Forum. Gilbert also co-authored “Super PACs and the Market for Data” with SAMIR SHETH ’19 for the Harvard Law Review Blog. Gilbert is continuing to work with Professor Robert Cooter of the University of California, Berkeley on a book on public law and economics. Along with DEBORAH HELLMAN

and other faculty from the University, Gilbert co-leads a UVA Democracy Initiative called CLEAR: Corruption Lab for Ethics, Accountability, and the Rule of Law. CLEAR promotes interdisciplinary research and dialogue on corruption.

106 UVA LAWYER SPRING 2019

In the fall, Law & Social Inquiry published a symposium on RISA GOLUBOFF’S book “Vagrant Nation,” including a response from her, titled “Writing Vagrant Nation.” In November, she spoke at the Hogan Lovell’s Global Women’s Executive Summit in London. In March, she delivered the Brian Simpson Lecture at the University of Michigan Law School and led a Dawson Pro-Seminar in the University of Michigan History Department as the 2019 Simpson/ Dawson Lecturer.

RACHEL HARMON gave a talk on “Community Policing and the Constitution” in September in celebration of Constitution Day at the Batten School of Leadership at UVA. She presented at an NYU Policing Project conference on “The Benefits—And Costs— of Policing” in September. In October, she presented “Public and Private Equitable Suits for Police Reform” at the Criminal Justice Roundtable at Vanderbilt University Law School. The paper is a chapter of Harmon’s forthcoming casebook, “The Law of the Police.” To be published by Wolters Kluwer in 2020, it will be the first casebook developed to teach policing law and the role law plays in police reform. Harmon also has a chapter, “Justifying Police Practices: The Example of

100 CHANGE AGENTS

HELLMAN WINS APA’S FRED BERGER MEMORIAL PRIZE Professor DEBORAH HELLMAN was awarded the 2019 Fred Berger Memorial Prize by the American Philosophical Association for her article, “A Theory of Bribery.” The prize, which was announced in September, is given to an outstanding published article in philosophy of law by a member of the association. The award entails a cash prize and a symposium held in the author’s honor. The paper on bribery grows out of her work on the constitutionality of campaign finance laws and the relationship between money and legal and political rights. Hellman teaches constitutional law, legal theory, contracts and seminars related to these and other topics. “This article offers a compelling discussion of a topic that has been under-explored in legal philosophy and that is of current interest,” said Robert Hughes, a University of Pennsylvania assistant professor who chairs the APA committee on philosophy and law. “It shows that the concept of bribery is difficult to analyze, it persuasively defends an analysis of that concept, and it nicely explains what makes controversial cases controversial.” Hellman joined the UVA Law faculty in 2012. She serves as both the David Lurton Massee, Jr., Professor of Law, and the Roy L. and Rosamond Woodruff Morgan Professor of Law. The winning article adds to her growing body of scholarship, which focuses on discrimination and equality, and money and rights. She is the author of the Harvard University Press book “When Is Discrimination Wrong?” and co-editor of the Oxford University Press book “The Philosophical Foundations of Discrimination Law.” —Eric Williamson

FACULTY NEWS

Arrests,” coming out in the edited volume, “Cambridge Handbook on Policing in the United States,” in 2019. The chapter, which is closely related to Harmon’s article “Why Arrest?,” which appeared in the Michigan Law Review in 2016, argues that the contemporary practice of arresting suspects in the United States is both unnecessary and excessively costly. The chapter goes beyond the 2016 article in arguing that all coercive or intrusive law enforcement practices must be justified by the same measures: They must be legal; they must not impose unfair burdens on groups or individuals; and they should impose costs that are proportional to the importance of the public ends that they serve and how well they serve them. Harmon also continues to serve as an associate reporter on the American Law Institute’s Principles of Policing Project.

ANDREW HAYASHI presented “Recessionary Property Taxes” at the annual meeting of the National Tax Association in November. The article describes how the system of rotating property assessments in Maryland affects home prices, mortgage defaults and household consumption. Hayashi also presented his paper “Countercyclical Tax Bases” at Boston College and Indiana University. The paper argues that the composition of local tax bases should consider how resilient they make the local economy during a recession. In February, Hayashi presented his

papers “Rules and Standards: The Games Lawmakers Play” at Northwestern University and “The Law & Economics of Bad Intentions” at Cardozo Law School. His papers “Consumer Law Myopia” and “Taxes and Mergers” (co-authored with QUINN CURTIS and ALBERT CHOI) are forthcoming.

DEBORAH HELLMAN received the Fred Berger Memorial Prize at a symposium in her honor scheduled at the Pacific Division of the American Philosophical Association meeting in Vancouver in April (see sidebar). Hellman participated in a symposium on the theme of interactive constitutional rights at William & Mary Law School in March. She has completed two articles. One is a chapter called “Understanding Bribery,” which will appear in the “Handbook of Applied Ethics and the Criminal Law,” edited by UVA’s KIMBERLY FERZAN and Larry Alexander and forthcoming from Palgrave McMillan Press in 2019. The second, “The Epistemic Commitments of Nondiscrimination” will be included in the “Oxford Studies in Philosophy of Law,” forthcoming in 2020. She spoke at the UVA Society of Fellows dinner on March 17. Lastly, Hellman published the op-ed “Bribery, Crowdfunding and the Strange Case of Senator Susan Collins: When Money is Speech it is hard to distinguish legal from illegal political persuasion” (with Stuart Green) in The Atlantic.

ORAL ARGUMENT BY KENDRICK ’06 PREVAILS AT STATE SUPREME COURT Vice Dean LESLIE KENDRICK ’06 won her debut argument at the Supreme Court of Virginia, in a case that reshaped state tort law and garnered national attention. The landmark 4-3 ruling released in October in Quisenberry v. Huntington Ingalls Inc. expands corporate liability for damages from asbestos and other potential traveling health hazards. In the case, a Newport News man representing his mother’s estate filed suit in the U.S. District Court for the Eastern District of Virginia alleging that a shipyard was negligent in her death from mesothelioma in 2016. The federal lawsuit claimed she had been exposed for years to asbestos from her father’s work clothes; the company hadn’t warned that it would be dangerous to bring them into their home or taken steps to prevent home contamination, the lawsuit said. The shipyard sought dismissal, arguing that it should only be liable for what happened on site, and that the woman was neither an employee nor ever on the premises. The District Court asked the state Supreme Court to help clarify state law regarding responsibility and advise on how to proceed with the federal litigation. “The lawyers for Mrs. Quisenberry reached out to me because the issue was a pure question of law about tort duties in Virginia,” said Kendrick, who served as co-counsel along with four attorneys with Dallas-based Waters Kraus & Paul and presented oral argument in April. She has argued in federal court before in her career, but not the state Supreme Court. The attorneys had to establish that the company had a “duty of care” in order to proceed with the negligence claim. In this case, a duty of care would place a legal obligation on one party to take reasonable steps to avoid injuring others; the state Supreme Court had never ruled on whether a duty exists in “takehome” asbestos cases. The court ruled that a company has a duty to prevent “recognizable and foreseeable” risk based on Virginia common law, including for household members exposed to asbestos on employees’ work clothes. Kendrick said the clarification will help the lawsuit move forward. The plaintiff will still have to prove that the shipyard is responsible for his mother’s death, an issue the justices did not address. Kendrick is a member of the American Law Institute, as well as past chair of the AALS Section on Torts and Compensation Systems and a member of the Harvard Higher Education Forum. In 2014, she received the Law School’s Carl McFarland Prize for outstanding scholarship by a junior faculty member. In 2017, she received the University of Virginia’s All-University Teaching Award and was named vice dean. —Mike Fox

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 107

FACULTY NEWS

JASON JOHNSTON pub-

lished an article, a short comment and a book chapter: “Regulatory Carrots and Sticks in Climate Policy: Some Political Economic Observations” in the Texas A&M Law Review; “Restoring Objectivity and Balance to Regulatory Science: A Comment on Dudley and Peacock” in the Supreme Court Economic Review (2016); and “EPA’s Conflicted ‘Science’ on PM 2.5 and Mortality,” a chapter forthcoming in the edited volume “Science and Liberty” in 2019. Johnston also contributed a short essay to the University of Pennsylvania’s online publication The Regulatory Review, “Restoring Science and Economics to EPA’s Benefit Calculation,” on Oct. 15. In August, Johnston served as a Julian Simon Fellow at the Property and Environment Research Center in Bozeman, Montana.

LESLIE KENDRICK ’06

co-authored the article, “The Etiquette of Animus,” with MICAH SCHWARTZMAN ’05. The article appeared in the Harvard Law Review. Her article “Another First Amendment” appeared in the Columbia Law Review. She presented a paper at the Berkeley Workshop in Law, Philosophy, and Political Theory, and at symposia at Notre Dame and Florida International University. She received a favorable ruling from the Supreme Court of Virginia in a tort case, and

a federal judge issued a preliminary injunction in a challenge to Virginia’s driver’s license suspension law in which she serves as co-counsel along with lawyers from the Legal Aid Justice Center and McGuireWoods, including ANGELA CIOLFI ’03 and JONATHAN BLANK ’95.

and the Legal Analytics Lab at Georgia State University. In June he will co-host a conference on law and data science to be held at ETH Zürich, with support from the Swiss National Science Foundation Scientific Exchanges Program.

PAUL MAHONEY and MICHAEL A. LIVERMORE

JULIA MAHONEY par-

is currently working on a paper, “Administrative Law for an Era of Partisan Volatility,” with

ticipated in a joint symposium sponsored by the Law School, Darden School of Business, Miller Center and Brookings Institution. “Ten Years Later: Lessons from the 2008-09 Financial Crisis” was held at Brookings on Jan. 10. On March 1, Paul Mahoney presented his working paper, “The Regulatory Effect,” at the 2019 Weil, Gotshal & Manges Roundtable “Ten Years after the Global Financial Crisis: An Assessment,” hosted by the Yale Law School Center for the Study of Corporate Law. The paper discusses the possible role of regulatory change in the slow recoveries from the Great Depression and the Great Recession. He previously presented it at William & Mary Law School in August, the Canadian Law & Economics Association annual conference in September and the University of Texas Law School in November. He is also working on an early-stage project titled “Modeling and Measuring Systemic Risk” with Peter Beling and Faraz Dadgostari from the Engineering School and Yael Grushka-Cockayne from Darden. The project has received funding from a University program meant to encourage multidisciplinary research.

DANIEL RICHARDSON ’16

that examines the relationship between administrative law and the structure of partisan politics. The piece looks at how administrative law has adjusted to political realities in the past and argues for reforms to better align contemporary administrative law doctrine with the demands of the current political moment. This spring, Livermore published an essay, “Environmental Federalism in a Dark Time,” in the Ohio State Law Journal with Denise Grab of the Institute for Policy Integrity at New York University. The article discusses the efforts of some states to make progress on pressing environmental issues in the face of federal inaction. With Richard Revesz of NYU, Caroline Cecot of George Mason University and Jayni Hein of the Institute for Policy Integrity, Livermore is editing the fourth edition of the casebook “Environmental Law and Policy,” published by Foundation Press, which is anticipated to be released in the fall. In March and April, Livermore gave talks at the University of Houston Law Center

108 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

LAYCOCK NAMED REPORTER FOR NEW RESTATEMENT ON TORT REMEDIES Professor DOUGLAS LAYCOCK, one of the nation’s leading experts on the law of remedies, will serve as a reporter with the American Law Institute’s new restatement project on torts. Laycock will examine how torts—negligent or intentional violations of legal duties that injure others—have been compensated or prevented since the last time the ALI took a close look. His work, along with that of several other reporters, will complete the ALI’s third restatement on the subject. Restatements are authoritative and influential reference books on judicial decision-making and legal practice. While not carrying the same weight as statutes and legal precedents, restatements often inform judicial decisions and are compiled by prominent legal scholars working under the ALI’s elaborate processes for collective review of every draft. “I hope to bring the treatment of tort remedies up to date substantively, addressing the many new developments in the past 40 years,” Laycock said. He will review the law to identify types of recoverable damages—such as past and future lost wages, medical expenses, disfigurement, pain and suffering, and property damage—and how they’ve been measured. The ALI announced the new restatement in January. The first project drafts are expected in 2020. Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and filed many amicus briefs. He is author of the leading casebook “Modern American Remedies,” the award-winning monograph “The Death of the Irreparable Injury Rule,” and many articles in leading law reviews. Additionally, the final three volumes of Laycock’s “Religious Liberty” were published in November, drawing to a close the five-volume series, which Wm. B. Eerdmans Publishing Co. first began to release in 2010. Laycock is a fellow of the American Academy of Arts and Sciences. In accordance with ALI rules, he will resign as vice president of the ALI and from its council to become a reporter. He will continue as an emeritus member of the council. —Mike Fox

FACULTY NEWS

RUTH MASON delivered the 2018 Amsterdam Distinguished Lecture in Tax, titled “An American View of State Aid.” She also published two articles touching on aspects of digital taxation. “The Implications of Wayfair,” published in the International Tax Review, discussed last year’s Supreme Court decision empowering U.S. states to impose sales-tax-collection obligations on remote sellers. “The Digital Battlefront in the Tax Wars,” published in Tax Notes and co-authored with Leopoldo Parada of the International Bureau of Fiscal Documentation and the University of Turin, argued that proposed European digital taxes violate EU laws forbidding nationality discrimination. Mason was appointed to a six-year term on the Scientific Advisory Board of the Max Planck Institute for Tax Law and Public Economics in Munich. She presented forthcoming papers at the National Tax Association’s annual conference, and Fordham, Georgetown and McGill universities. For the third year in a row, she served as faculty adviser to UVA’s international tax moot court team.

GREG MITCHELL and

his former colleague Brandon Garrett continued their work examining how jurors react to forensic evidence. The results of one of these studies were recently published as an article

titled “The Impact of Proficiency Testing Information and Error Aversions on the Weight Given To Fingerprint Evidence” in the journal Behavioral Sciences & the Law. This spring, Mitchell served as a panelist discussing implicit bias research at the 22nd Annual Federal Judicial Center-NYU Workshop on Employment Law for Federal Judges.

JOHN MONAHAN re-

cently co-authored a chapter titled “Clinical and Actuarial Predictions of Violence” in “Modern Scientific Evidence: The Law and Science of Expert Testimony.” He has also coauthored articles titled “Lawyers at the Peak of their Careers: A 30-year Longitudinal Study of Job and Life Satisfaction” in the Journal of Empirical Legal Studies (see p. 86); “Predicting Violent Behavior: What Can Neuroscience Add?” in Trends in Cognitive Sciences; and “Judicial Appraisals of Risk Assessment in Sentencing” in Behavioral Sciences and the Law. The Pretrial Risk Management Project, which Monahan co-directs, successfully completed its first year of operation. The project, funded by the John D. and Catherine T. MacArthur Foundation, fosters dialogue among behavioral scientists, human rights lawyers and statisticians fluent in machine learning. In addition, the Virginia Criminal Justice Policy Reform Project, which Monahan also co-directs, successfully completed its initial year of operation. That project, funded by the Charles Koch Foundation, focuses on reducing mass incarceration,

particularly of low-risk offenders and of people with mental illness.

The Center for National Security Law co-sponsored the 28th Annual Review of the Field of National Security Law as part of the American Bar Association Standing Committee on Law and National Security on Nov. 1-2. JOHN NORTON MOORE, the center’s director, moderated a panel, “The Movement of Individuals Across Borders and National Security,” and David E. Graham, center associate director for programs, moderated the panel “Legal Issues Confronting the Military National Security Law Community.” In mid-November, a planning group consisting of Professors Yoram Dinstein of Israel, Rein Mullerson of Estonia, Charles Garraway of the United Kingdom, and Graham and Moore met at the center to construct a course of action designed to produce the first definitive statement of the rules applicable to the use of force by states in the 21st century. This will be a three-year center project, beginning this June, involving 16 international law experts, resulting in a manual of jus ad bellum law, with commentary. On Nov. 12, the center sponsored a presentation by Col. Eli Baron, a military attorney with the Israeli Defense Force, who spoke on “The Law of Armed Conflict and Non-State Actors.” The center co-hosted a panel on the subject of technology, democracy and national security at the Digital Democracy symposium at the Law School on Jan. 25. The center also co-

NICOLETTI WINS CROMWELL BOOK PRIZE Professor CYNTHIA NICOLETTI won the Cromwell Book Prize for her work “Secession on Trial: The Treason Prosecution of Jefferson Davis.” The award, announced in November at the annual American Society for Legal History meeting, is given by the William Nelson Cromwell Foundation each year for excellence in scholarship to an early career scholar working in the field of American legal history. Published by Cambridge University Press in 2017, the book follows why Jefferson Davis, the president of the Confederacy, was never tried for treason after the Civil War. Davis’ trial, which would have served as a test case for the legality of secession, was delayed for four years before ultimately being dropped. Among government officials, there was concern that the prosecution could backfire and prove the legality of secession—something U.S. officials didn’t want to do in the fragile years after the war. Though there was no doubt Davis levied war against the United States—the definition of treason in the Constitution—it would not have been treason if Davis wasn’t a U.S. citizen at the time he did so. The South seceded from the Union before officially declaring war. Many in the South, and even some in the North, believed states had the right to leave a union they voluntarily joined. “The government was faced with a dilemma. They wanted to try him in order to show that secession was illegal and could not be a defense to treason,” Nicoletti said. “A conviction in a court of law could establish the legitimacy of the Union cause in a way that military victory never could. But it quickly became clear that they also ran the risk—a very serious one—of losing the case. And what would that mean? They worried it might undercut the moral weight of the outcome of the Civil War. That was a chilling prospect.” Nicoletti, who earned her J.D. from Harvard Law School, also holds a B.A., M.A. and Ph.D. in history from the University of Virginia. Nicoletti previously received a William Nelson Cromwell Foundation Research Fellowship while she was working on the book, and the William Nelson Cromwell Prize for the best dissertation in legal history, awarded by the American Society for Legal History in 2011. She is now at work on a book about emancipation and land redistribution during the Civil War. —Mary Wood

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 109

FACULTY NEWS

sponsored a presentation by Glenn Gerstell, general counsel of the National Security Agency, on March 7. Gerstell provided attendees with a general overview of the NSA, the Office of General Counsel (including their Honors Program) and some of the legal challenges that it faces. Gerstell additionally spoke on issues relating to privacy and advances in digital technology.

During the January term, TOM NACHBAR taught a new course— The Firm and Cyberspace—that covered a wide range of issues facing firms whose businesses are dependent on networked information technology. GAVIN CORN ’94 of Facebook and DAVID HYMAN ’93 of Netflix both spoke during the course. This spring, Nachbar is presenting his paper on state network neutrality regulation at the Yale Information Society Project workshop series, and his paper on fairness in artificial intelligence was selected for the Information Society Project spring conference on “(Im)perfect Enforcement.” This April, he will host the second annual meeting of the Stanton Series on Liberty and Security at the Law School.

another in the California Law Review, “Why the Military Trials of Soldiers, Civilians, and the Enemy is Constitutional.” He also wrote an essay for the National Constitution Center’s Madisonian Constitution for All initiative on executive power and became a member of the center’s Madisonian Commission. In January, he gave the keynote address at the Brennan Center for Justice and R Street Institute’s Washington, D.C., conference on Emergency Powers in the Trump Era and Beyond. He participated in a National Constitution Center “We the People” podcast with Mark Tushnet on whether President Donald Trump can reallocate Department of Defense funds to build a wall on the southern border. In March, he spoke at a conference on the treaty power sponsored by the American Constitution Society. In April, he presented on the power of the modern presidency at the University of North Carolina.

RICHARD SCHRAGGER

GEORGE RUTHERGLEN

attended the 31st Sokol Colloquium in January to present a paper on the presumption against extraterritorial application of federal statutes. In February, he hosted a book panel on CYNTHIA NICOLETTI’S

SAIKRISHNA PRAKASH

recently published two articles, one in the Harvard Law Review, “Of Synchronicity and Supreme Law,” and

FREDERICK SCHAUER is spending the semester at UCLA as visiting professor of law, teaching a seminar on Constitutional Interpretation. He presented a paper on “Rightful Deprivations of Rights” at the Barcelona Colloquium on Legal Theory in February, at UCLA Law School in February and at King’s College London in April. He presented a paper on “Challenging the InterpretationConstruction Distinction” at the University of San Diego Originalism Conference in February. He also gave lectures on comparative jurisprudence in London and freedom of expression in Curtiba, Brazil.

book, “Secession on Trial: The Treason Prosecution of Jefferson Davis.” And in March, he appeared at a Duke Law School conference on Reconstruction, where he presented a paper on Reconstruction in legal theory.

110 UVA LAWYER SPRING 2019

served as a moderator at a conference for local government attorneys in Phoenix, participated in the State and Local Government Works-in-Progress Conference at Fordham Law School, and participated in local government panels at Yale Law School and at New York University. His article “Jews, Not Pagans,” authored with MICAH SCHWARTZMAN ’05, was published by the San Diego Law Review. His article “The Costs of Conscience,” co-authored with Schwartzman and Nelson Tebbe, was published in a symposium in the Kentucky Law Review.

100 CHANGE AGENTS

SCHRAGGER’S SCHOLARSHIP AMONG BEST ENVIRONMENTAL LAW ARTICLES OF THE YEAR Professor RICHARD SCHRAGGER’S paper “The Attack on American Cities” was named one of the best environmental law articles of the 2017-18 academic year. The article was selected for inclusion in the next edition of the Environmental Law and Policy Annual Review, a joint publication of the Environmental Law Institute’s Environmental Law Reporter and Vanderbilt University Law School. At a conference held in Washington, D.C., in conjunction with the annual publication, the paper was the subject of a panel. Schragger’s paper was among five chosen out of a pool of hundreds of law journal articles published between August 2017 and July 2018. An advisory committee of law professors, policymakers and students makes the selections. Published in the Texas Law Review, Schragger’s paper shows how states are often hostile toward cities’ policies and authority, ranging from anti-bias laws and minimum wages to immigration and funding. He also analyzes how anti-urbanism has been a longstanding feature of American federalism and constitutional law. “That a paper about cities was included in this year’s honors recognizes that the ‘built’ environment is as important a subject of environmental law as is the ‘natural’ one,” Schragger said. “It also recognizes that environmental law and policy—which has long been preoccupied with federal statutes and regulations—is also appropriately concerned with local law.” Schragger, who joined the UVA Law faculty in 2001, is the Perre Bowen Professor of Law and Joseph C. Carter, Jr. Research Professor of Law. His scholarship focuses on the intersection of constitutional law and local government law, federalism, urban policy and the constitutional and economic status of cities. He is the author of “City Power: Urban Governance in a Global Age,” published by Oxford University Press in 2016. —Mike Fox

FACULTY NEWS

PROCEDURE TREATISE CO-AUTHORED BY SPENCER PUBLISHED Co-authored for the first time by Professor A. BENJAMIN SPENCER, Volume 5A of Wright & Miller’s “Federal Practice and Procedure” was published in November. Over the past few years, Spencer has taken over responsibilities for updating the discussion of the civil rules of procedure covered in Volumes 5, 5A, 5B and 5C—focused on pleadings—for the massively cited, multivolume reference book series, first published in 1969. He published his first supplement to Volume 5A in 2016. The previous edition of Volume 5A was published in 2004. “Since then, the Supreme Court has issued two major decisions affecting pleading doctrine: Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal,” Spencer said. “These decisions raised the general pleading standard, which has implications for the pleading standard for fraud.” More recently, Spencer has been given responsibility for updating Volume 14C, which covers removal jurisdiction. In total, “Federal Practice and Procedure” has 91 volumes, which also cover evidence and judicial review of administrative action. “Because there are so many decisions issued by the federal courts pertaining to the topics covered by the treatise, practitioners and courts themselves rely heavily on ‘Federal Practice and Procedure’ to provide a definitive statement of the law with respect to the procedural rules and statutes that it covers,” Spencer said. “That results in there being a tremendous responsibility on my part to ensure that I accurately reflect the state of the law rather than my own personal views.” One of the reference’s original authors, New York University law professor Arthur Miller, had Spencer as a student at Harvard Law School, where Miller previously taught. He continued to follow Spencer’s career and developed an admiration for Spencer’s scholarship in the pleadings area, which led to Spencer being approved to co-author the volumes. Spencer said Miller still edits some civil and jurisdiction volumes himself but has been handing some of those volumes off. The treatise’s other primary author, Charles A. Wright, also a prominent legal scholar, died in 2000. Spencer is the Justice Thurgood Marshall Distinguished Professor of Law. A member of the Law School faculty since 2014, he has authored two other books in the area of civil procedure: “Acing Civil Procedure” and “Civil Procedure: A Contemporary Approach.” U.S. Supreme Court Chief Justice John Roberts appointed Spencer to the Advisory Committee on Civil Rules of the U.S. Judicial Conference in 2017. Spencer also serves as a reserve officer in the Judge Advocate General’s Corps of the U.S. Army. —Mike Fox

MICAH SCHWARTZMAN ’05

PAUL STEPHAN ’77 or-

published “The Etiquette of Animus,” a comment on Masterpiece Cakeshop co-authored with LESLIE KENDRICK ’06, in the Harvard Law Review; “Jews, Not Pagans,” coauthored with RICHARD SCHRAGGER, in a symposium issue of the San Diego Law Review; and “Lying as a Political Wrong” in Law and Philosophy. He spoke on varieties of religious anti-liberalism at the University of Minnesota Law School in February and participated in a conference on corporate rights at the University of Houston Law Center in March.

ganized a Sokol Colloquium on the recently published fourth restatement of foreign relations law of the United States. Most of the reporters for the restatement participated, as well as advisers to and critics of the project. He is working on a book provisionally titled “Beyond the Restatement: The Past, Present, and Future of Foreign Relations Law,” which will reflect the work of the colloquium. His contribution to that project is titled “Foreign Relations Law as Federal Common Law: A Requiem.” He also is participating in a seminar at Columbia Law School and Columbia’s School of International and Public Affairs on Russia in the international order.

GIL SIEGAL was invited to deliver a special talk on “Genetics, Ethics and the Law—Pre-Implantation Diagnosis” at a conference in Nuremberg, Germany, in May—in the very same hall the Nazis’ doctors were tried after World War II.

A. BENJAMIN SPENCER

has published the Fourth Edition of Volume 5A of Federal Practice & Procedure, a widely used civil procedure treatise. Also, his article “Substance, Procedure, and the Rules Enabling Act” was published by the UCLA Law Review.

100 CHANGE AGENTS

The third volume of G. EDWARD WHITE’S

trilogy, “Law in American History: Volume Three, 1930-2000,” was published in April by Oxford University Press. The first volume, “From the Colonial Years Through the Civil War” appeared in 2012 and the second, “From Reconstruction Through the 1920s,” in 2016. White gave a talk to a group of federal judges at the National Constitution Center in Philadelphia on Dec. 14. The topic was the internal decision-making process of the Marshall Court. Over the course of the 2018-19 academic year, White published

SPRING 2019 UVA LAWYER 111

FACULTY NEWS

“A Lost Search for a Generic Tort Action Protecting ‘Peace of Mind’” in the Journal of Tort Law; “Looking Backward and Forward at the Supremacy Clause” in the Michigan Law Review; and (with KENNETH S. ABRAHAM) “The Puzzle of the Dignitary Torts” in the Cornell Law Review.

GEORGE YIN’S article

“How Codification of the Tax Statutes and the Emergence of the Staff of the Joint Committee on Taxation Helped Change the Nature of the Legislative Process” was published in the Tax Law Review. It detailed the important role that the 1939 enactment of the Internal Revenue Code as positive law— the first title of the U.S. Code to be so enacted— played in the development of the Joint Committee on Taxation staff and the general use by Congress of professional aides in the tax legislative process. Yin presented a draft of this article at law faculty workshops at the University of Pennsylvania and UVA. Another article, “The Curious Origins of the Major U.S. Tax Incentives for Oil and Gas Producers,” was published in Tax Law and the Environment, a volume edited by Roberta F. Mann and Tracey M. Roberts. This article described legislative and administrative misjudgments and confusion that contributed to adoption about 100 years ago of two major tax incentives for oil and gas producers, including the percentage depletion allowance (characterized by one critic as “the special deduction

for imaginary costs”). Yin presented a draft of his current research project, presently titled “Who Speaks for Tax Equity and Tax Fairness?: Stanley Surrey and the Tax Legislative Process,” to a tax policy workshop at Boston College Law School in March. One of the most influential tax professionals of the 20th century, Surrey was directly involved in the tax legislative process between 1937 and 1947, and again from 1961 to 1968, and remained actively engaged throughout his illustrious academic career. Yin’s draft describes and assesses the evolution of Surrey’s views on the legislative process. At the end of 2018, Yin spoke to a group organized by the Senior Statesmen of Virginia in Charlottesville on “The Likely Effects of the 2017 Federal Tax Law Changes on Individuals, Businesses and the Economy.” He also spoke to the Law School student group Food Law at Virginia on “The Taxation of EmployerProvided Meals.” As part of the Law School’s fifth annual Invitational Tax Conference, he commented on Zach Liscow’s draft “The Dilemma of Moral Intuitions in Economics, or Democratic Law and Economics.” Finally, throughout the last few months, Yin has continued to educate legislators, their staffs and the public on the ability of Congress to obtain and potentially disclose the tax return information of any person, including the president. Among the media who have interviewed him on this topic are The New York Times, The Washington Post, CNN, National Public Radio, Politico, Reuters, Mother Jones, the National Journal, MarketWatch, Bloomberg, Vanity Fair, PolitiFact, CNBC and Town Hall.

112 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

STEPHAN ’77, VERDIER, VERSTEEG EDIT, PUBLISH NEW BOOK ON ‘COMPARATIVE INTERNATIONAL LAW’ “Comparative International Law,” edited by professors PAUL B. STEPHAN ’77, PIER-

RE-HUGUES VERDIER and MILA VERSTEEG, along with Australian National University

professor Anthea Roberts, was published by Oxford University Press in 2018. “The premise of the book is that, unlike what many international lawyers and international law scholars assume, international law is not as uniform as people have supposed,” Verdier said. International law can be created in various ways, but normally, nations have to decide if they agree to be bound. The United Nations, a body perceived to have wide buy-in on such agreements as the U.N. Convention of the Law of the Sea, has had recent conflicts with one of its signatories to the convention, China, on ocean-territorial rules. Another nation might interpret a different international treaty through its own lens—which can be formed by culture, legal and legislative history, or current agendas. In this way, international norms are continually being redefined. But a forum that can have the final say when interpretative conflicts occur doesn’t always exist, the professors said. “Unlike in domestic law, where we have a Supreme Court that has the final interpretation of what a law means, that’s not always true in international law,” Versteeg said. “So there may be additional arbiters in some areas of international law, but not others. And often states subject themselves to that voluntarily, and there might be multiple interpretations out there. It’s not always easy to say who is right.” The book, in demonstrating that international law is “not a monolith,” maps the cross-country similarities and differences in international legal norms in the different subfields. The authors who contributed to the volume—including Professors ASHLEY DEEKS and KEVIN COPE, and visiting professor Tomer Broude of Hebrew University, among many others—review the application and interpretation of law, taking into account geographic differences, while also trying to explain why those differences exist. The professors said they look forward to continuing to build on this largely unexplored area of comparative study in future books and papers. —Eric Williamson

VITA

3 Making an Impact 114

Class Notes 117

Alumni Books 136

In Memoriam 138 100 CHANGE AGENTS

The Last Word 140 SPRING 2019 UVA LAWYER 113

VITA

TRAVIS DOVE

FORMER CONGRESSMAN HOPES TO ALTER THE POLITICAL WINDS

Inglis first served South Carolina’s 4th District in the U.S. House of Representatives from 1993-99. He began his career as a climate change skeptic. “Al Gore was for it, and therefore I was against it,” he said of the former vice president and noted climate change activist. After an unsuccessful bid for the Senate, Inglis considered running to serve in the House again. He consulted his family. His son, newly of voting age, said he had only one condition: His father had to take climate change seriously. Inglis won re-election in 2004, then again in 2006 and 2008. It was during his last stay in office that he landed an assignment on the Science and Technology Committee. Inglis’ factfinding on the committee led him to become an activist himself. He encouraged his colleagues to embrace the National Academy of Science’s conclusions that human activity is causing climate change and that it poses significant risks if not addressed. He also advocated for a carbon tax. The activism did not bode well for his 2010 re-election campaign, however. “I lost an election, but I did not lose my soul,” he said. In 2015, Inglis received the Profile in Courage Award from the John F. Kennedy Library Foundation for his stand. Inglis’ conservative bona fides, according to the Energy and Enterprise Initiative at George Mason University, which hosts his efforts, are indisputable. His voting record in Congress earned a 93 percent rating with the American Conservative Union, 100 percent ratings with the Christian Coalition and National Right to Life, and an “A” with the National Rifle Association, according to a press release. —Eric Williamson

Changing the Climate

Bob Inglis ’84 FORMER U.S. CONGRESSMAN BOB INGLIS ’84 IS SOMETHING OF AN OUTLIER IN TODAY’S POLITICAL CLIMATE.

Inglis, who is a conservative Republican, has vocally proclaimed that climate change is real and needs to be addressed, and he is working to alter the discussion among his peers. “I’m a conservative, and I believe you can change based on data and learning,” he told Minnesota public radio in a November interview. “You can learn and grow and still be consistent with your principles.” Through speaking tours, media appearances and a website, republicEn.org, his goal is to put forth proactive solutions to the problem that don’t involve big government spending. 114 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

VITA

PARTNER PENNED HER FUTURE RÉSUMÉ AT AGE 12

Sawyer is doing what she has always wanted to do. Her mother still reminds her about a résumé she wrote for herself at the age of 12, listing her job as corporate lawyer. She misspelled “corporate.” “It’s an incredibly intellectually challenging career path,” Sawyer said, explaining her lifelong fascination with M&A practice. “I’ve always loved the problem-solving aspect of it.” But she also admits that her 12-year-old self was inspired by the movie “Pretty Woman.” Not by Julia Roberts or even Richard Gere, who played a high-flying financier. She liked the job of Gere’s lawyer, played by Jason Alexander, who was also, she acknowledged, kind of a creep. “For whatever reason I thought, ‘Yeah, I could be the lawyer,’” she said with a laugh. Sawyer attended UVA after graduating from Washington & Lee University, where she majored in economics and political science. She has been at Sullivan for her entire career and now co-chairs the firm’s corporate governance and activism practice. On top of that, she is also a hiring partner, associate development partner, member of the firm’s managing partners committee, and chair of its knowledge management committee. Deals, big and small, still occupy most of her time though, and the pace has only gotten faster. “You have to decide if you love it or not,” Sawyer said. “Some people naturally get an adrenaline rush from the excitement of a big transaction. I’m one of those people. I find it very energizing to be in the mix. That being said, I know how lucky I am to have a very understanding husband and children, because there are windows when I just can’t make it home for days at a time.” —Mark F. Bernstein ’89

Merger, She Wrote Melissa Sawyer ’00 MELISSA SAWYER ’00 HANDLES BIG DEALS. How big? She represented AT&T in its $108.7

billion merger with Time Warner in 2016, Optum Inc. in its $4.9 billion acquisition of DaVita Medical Group in 2017, and Diageo in its acquisition of the Casamigos tequila brand from George Clooney and others in 2017. Those and dozens of other mergers and acquisitions led The Deal to name Sawyer, a partner at Sullivan & Cromwell, one of its “Powerhouse 20” women in M&A. But Sawyer has also handled small deals. How small? Try $1. That was the payoff in 2003 when Cablevision Systems Corp. sold its electronics store, The Wiz, to GBO Electronics Acquisition. When the paperwork was signed, GBO slid a single dollar bill across the table to Sawyer’s client. “I think deals of all sizes are complicated,” Sawyer said, “but actually in the smaller deals, the small issues tend to have greater importance. You can end up debating things that, in a $100 billion deal, wouldn’t even be on your radar.”

100 CHANGE AGENTS

SPRING 2019 UVA LAWYER 115

TRIPLE ’HOO ADVOCATES FOR MINDFUL AWARENESS AND REFLECTION

Mindfulness, Magee explained, “is any practice that supports paying attention with a certain openness and willingness to accept, at least for the moment, what’s happening without being at war with it; and the more flexible way of being in the world that often results from taking time for such practices.” Yoga is perhaps the best-known mindfulness practice, but it is not always practical in a law office. Other mindfulness practices, which can be done anywhere, include meditating, keeping a journal, silent breathing exercises or simply pausing to focus before answering a phone call. All help push aside the mental clutter that comes in our multitasking professional and personal lives. Calmer nerves and lower blood pressure are their own rewards, of course, but Magee believes that mindfulness can help lawyers professionally by helping them focus, listen, communicate and empathize more effectively. “Any person can benefit from being more awake and alive and aware,” she said. Magee spreads the word widely, speaking to law schools, law firms, corporate legal departments and even law enforcement. A few years ago, she taught a sixweek course in mindfulness to prosecutors, public defenders and judges from Santa Clara County, California. A proud triple ’Hoo, Magee earned bachelor’s and master’s degrees in sociology from UVA. She first began practicing mindfulness while studying for the bar exam the summer after she graduated from law school. “This isn’t about trying to be perfect,” Magee said, “but about realizing that there are things we can do every day to make our lives a little more sustainable for ourselves and for the people who depend on us.” —Mark F. Bernstein ’89

Practicing Mindfulness

Rhonda Magee ’93

MANY LAWYERS—AND MANY LAW STUDENTS—TAKE PRIDE IN THE AMOUNT OF STRESS THEY CAN HANDLE. The number of all-nighters pulled, cases read or hours billed become a badge of honor. That approach is as unhealthy as it is shortsighted, says Rhonda Magee ’93, a professor at the University of San Francisco School of Law. Magee works to bring mindfulness and contemplation practices into the educational system, the workplace and anywhere else they are needed. Besides teaching torts, race law and contemplative lawyering at USF, Magee is also a fellow at the Mind and Life Institute in Charlottesville, and board chair of the Search Inside Yourself Leadership Institute, a Bay Area nonprofit founded by Google. She is the former board chair of the Center for Contemplative Mind in Society in Northampton, Massachusetts, and serves on the Board of Advisors for the Brown Center for Mindfulness. In September, Random House TarcherPerigee will publish her first book, “The Inner Work of Racial Justice: Healing Ourselves and Transforming Our Communities Through Mindfulness.” 116 UVA LAWYER SPRING 2019

100 CHANGE AGENTS

CLASS NOTES CLASS NOTES

UVA LAWYER SPRING 2019 117

CLASS NOTES

CLASS 1948 NOTES

ROBERT COLLIER NUSBAUM died on Oct.

SUBMIT A CLASS NOTE EMAIL alumni@law.virginia.edu MAIL UVA LAWYER University of Virginia School of Law 580 Massie Road Charlottesville, VA 22903 Please send your submissions by Aug. 1, 2019 for inclusion in the next issue.

31. Born in Norfolk, Va., he is survived by his wife of 31 years, LINDA S. LAIBSTAIN ’76, and sons, Robert and William, and an extensive family and dear friends. Nusbaum’s undergraduate education at Harvard was interrupted by World War II, when he was called to service first in the Army, and then in the Office of Strategic Services, serving in the European theater until the conclusion of the war. Nusbaum’s war service left him with a lifelong appreciation for and love of France. He returned numerous times, enjoying the country’s culture and the opportunity to speak French. After a postwar term at Harvard, he enrolled at the Law School. He began his practice of law in Norfolk with ALAN J. HOFHEIMER ’25, a relationship that endured for more than 40 years. Their firm grew to 30-plus attorneys, and in 2004, Hofheimer Nusbaum merged with the law firm Williams Mullen. In Nusbaum’s 65 years of practice, he was regularly named a super lawyer by Virginia Super Lawyers magazine and a member of the legal elite by Virginia Business magazine. He was a permanent member of the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit. He was a fellow of the American Bar Association, the Virginia Law Foundation, the American College of Trust & Estate Counsel, and the American College of Real Estate Lawyers. Nusbaum served as president of the Norfolk & Portsmouth Bar Association, and chaired the Virginia State Bar Committee on Women and Minorities in the Law, among numerous other leadership positions in the bar. In 2011, Nusbaum received

118 SPRING 2019 UVA LAWYER

the Eggleston-I’Anson Professionalism Award, the highest honor given by the Norfolk & Portsmouth Bar Association to a practicing attorney. His civic and philanthropic activities include years of service on the board of directors and executive committee of Norfolk International Terminals, various boards of Sentara Health Systems and its predecessors, and the board of directors and as chairman of the Library of Virginia. He served as an officer and director of the Tidewater Chapter of the American Red Cross, the Norfolk Forum, the Virginia Symphony, the Maury Foundation and the Diabetes Institutes Foundation. He was particularly proud of his role in establishing the Foundation for the Howard and Georgeanna Jones Institute for Reproductive Medicine at the Eastern Virginia Medical School, including serving several years as chairman. Always committed to building a forwardthinking community, in the late 1950s, Nusbaum publicly fought against Virginia’s “Massive Resistance” to the integration of Norfolk public schools. In the 1960s, he organized The Aid Fund to provide scholarships to talented African-American students who were integrating Virginia’s public colleges and graduate schools. In the 1970s and 1980s, he founded and led Virginians Organized for Informed Community Expression to support the then-controversial creation of the Jones Institute for Reproductive Medicine. In the 1990s and 2000s, he conceived and facilitated the founding of the Center for the Study of Religious Freedom at Virginia Wesleyan University. In recognition of his contributions to the establishment of the Center for Religious Freedom, Virginia

Wesleyan University awarded Nusbaum an honorary doctor of laws degree in 2002. Nusbaum was named First Citizen of Norfolk by the Cosmopolitan Club in 1996, an honor also bestowed upon his mother, Justine, in 1979. He received the second Barron F. Black Community Builder Award from the Norfolk Foundation in 2008, and in 2009 was named the Colgate W. Darden Jr. Scouter Citizen of the Year by the Tidewater Council of the Boy Scouts of America. In 2013, Nusbaum received the Humanitarian Award from the Virginia Center for Inclusive Communities, and in 2014, he was honored with the L.D. Britt, M.D., Community Service Award. In 2014, Nusbaum and his wife received the Chancellor’s Award for Leadership and Philanthropy from Tidewater Community College for their years of support of TCC and higher education at the community college level. In 2017, in recognition of his contributions to furthering higher education in the African-American community, and his having been the chief patron of Norfolk State University’s Honors College since its inception in 1993, the university named it “The Robert C. Nusbaum Honors College,” which will remain one of his enduring legacies.

WILLIAM “BILL” SAGER

died at 99, in Arlington, Va., on Jan. 12. Sager was the beloved husband of Elizabeth and father of Rebecca, Phillip and Sandy. Of deep meaning to Sager’s life, and therefore to his family’s life, was his experience in the Marines in the South Pacific. He often said to them, “Those of us who survived 131 days (and nights) of combat at Guadalcanal have always maintained the ‘heroes’ of Guadalcanal

were buried in the Marine cemetery by the Lunga Lagoon.” His family called him “our Guadalcanal hero.” Sager was raised by immigrant parents in Front Royal, Va. Upon graduating from the Randolph Macon Academy, he enlisted in the Marines and attended the University of Virginia. It was at the University, in French class, that he met Elizabeth Mopsik of Charlottesville, who would become his devoted wife of 76 years. They were married in 1942, three weeks before he was sent overseas in the first amphibious landing and defense of Guadalcanal. According to Sager’s daughter, “My dad’s Law School roommate and best friend for life, HERMAN ABADY ’46, of Richmond, Va., covered for my dad in the Marines on May 24, so that my dad could marry my mom in Charlottesville.” Sager and Abady landed together on Guadalcanal on Aug. 7, 1942, and fought side by side for months. The book, “Battle at the Overland Trail, One Night of Combat on Guadalcanal,” written by Abady’s son, Jason, depicts one of the battles that Abady and Sager fought together as young Marines and comrades. In 1944, Sager volunteered for duty with the U.S. Navy Group, China, also known as the SinoAmerican Cooperative Organization. He was among five Marine officers, all with South Pacific combat infantry experience, selected. The Marines trained and equipped three battalions of Chinese guerrillas who operated behind Japanese lines in a secret mission assigned by Adm. Milton Miles. After the war, he received his J.D. and his M.A. in economics and accounting. From 1959 to 1982 he served in the federal government working for the Internal Revenue Service, the

U.S. Treasury and the Department of Justice. From 1982-1995 he served as the attorney for the Society of Public Accountants. With regard to his philosophy of life, Sager liked to paraphrase the late Adm. Arleigh Burke: “I have lived a good life. I wasn’t killed in the war. I married the woman I loved. We’ve had a beautiful life together. I never had a job I didn’t like. I am satisfied with my life and achievements, both military and civilian.”

1953 STAN HARRIS, after leaving the Washington law firm Hogan & Hartson, had four presidential appointments, serving sequentially on the Superior Court of the District of Columbia, the District of Columbia Court of Appeals, as the U.S. attorney for the District of Columbia and on the U.S. District Court for the District of Columbia. The bar association gave him a special award for a distinguished career.

1957 LAWRENCE M. PHILIPS

died Feb. 7. He is survived by his beloved wife of 61 years, Dorothy Miller Philips, and sons, James and Robert. A Bronx native, Philips graduated from City College of New York before attending the Law School. He served in the U.S. Air Force. He is remembered for his generous smile, expansive sense of humor and love for New York City. Philips started his career handling matters for clients including Broadway great Alan J. Lerner. Later, he moved into private practice as a 1960s avant-garde lawyer who represented chart-topping pop musicians such as Spanky & Our Gang, Oliver and

CLASS NOTES

IN MEMORIAM: DOUGLAS D. DRYSDALE ’53 TAX FIRM CO-FOUNDER AND PHILANTHROPIST DOUGLAS D. DRYSDALE ’53, a founding member of Caplin & Drysdale and a former UVA

Law lecturer, died Nov. 27 in Charlottesville. He was 94. Drysdale co-founded Caplin & Drysdale with former IRS Commissioner and UVA Law professor MORTIMER M. CAPLIN ’40 in 1964. Today, the firm offers legal services in 13 tax practice areas and employs more than 60 attorneys in New York and Washington, D.C. Drysdale retired from the firm in 2013. At UVA Law, Drysdale taught tax law from 1960-1981 and later served on the executive committee for the Law School’s 2004-12 capital campaign. He was a life member of the Law School’s Dean’s Council. As counsel to DAVID A. HARRISON III ’41, Drysdale was also the architect behind the David and Mary Harrison Distinguished Professorships, announced in 2002 as a $34.8 million gift through Harrison’s endowed estate. “Doug Drysdale was a gem,” said former Dean JOHN C. JEFFRIES JR. ’73, senior vice president of advancement at UVA. “I never knew a more effective lawyer or a finer gentleman. The Law School benefited from Doug’s personal generosity and also from his advice and guidance to David Harrison.” As a member of the University of Lynchburg board of trustees in 2013, Drysdale and his wife, Elaine Hadden, pledged $3 million toward the expansion and renovation of the university’s student center. The Douglas and Elaine Hadden Drysdale Student Center was named in their honor. Professor Michael Doran was an associate and junior partner at Caplin & Drysdale before going into teaching, and considers Drysdale a mentor and model lawyer. “He had technical mastery of every corner of the tax law, and he was highly skilled as both an advocate and a counselor,” Doran said. Doran said Drysdale’s colleagues remember his patience and kindness, especially with young lawyers. He recalled one time when he wanted to talk to Drysdale about a development but was met with a closed office door. “His secretary tried to warn me off, telling me that she had strict orders not to disturb him; I knocked on the door anyway,” Doran recalled. “It was late in the day on April 15, and there was Doug filling out his own tax returns with a No. 2 pencil. He looked up, smiled and said in his Central Virginia accent, ‘Michael, I trust you’re here to help.’” Drysdale earned his LL.B. from the Law School in 1953 and was inducted into Phi Beta Kappa and the Order of the Coif. He earned a B.A. from UVA in 1944. —Mike Fox

Melissa Manchester. His clients also included the legendary Nina Simone, Oscar-winning Alan Menken, Universe City, The Putnam County Pickers, The Yates and early rap pioneers The Last Poets. Later in his career, he changed focus to represent sculptors and painters such as Claes Oldenburg, Gianfranco Ferroni and Arturo Di Modica, the artist who created the famous Charging Bull on Wall Street. Studying under Philip Pavia and Chaim Gross, Philips then became an artist, producing several hundred original works in marble and bronze, and on canvas. He had several solo gallery shows and participated in multiple joint exhibitions. One of his sculptures, “Down the Nile,” is displayed at the Law School.

1959 ROBERT BOHANNON is a member of the Lakewood Volunteer Dance and Tap Club. The club performs at nursing homes, memory centers and assisted living centers two or three times a month. Bohannon says his audiences enjoy when he impersonates Elvis.

1960 TALMAGE NEWMAN COOLEY died Aug.

24. Talmage, known to friends as “T,” was born in Harrisonburg, Va. Cooley was a direct descendent of Robert Newman, who in 1609 arrived at the English colony in Jamestown, Va. Cooley first attended UVA as an undergraduate and was accepted to the U.S. Naval Officer Candidate School in Newport, R.I., and during the Korean conflict was stationed at the

Port Lyautey naval base on the coast of Morocco. Later, while at the Pentagon, he became engaged to Martha Winder Goldsborough, 1933-2013, and they relocated to Charlottesville, where Cooley attended the Law School. The couple moved to Waynesboro after graduation, and he practiced with Edmunds, Freed and Cooley. Later, he was a partner with Cooley, Poindexter, Burns and Marks, also in Waynesboro. In 1984, Talmage was appointed district court judge for both Augusta County and the city of Staunton, serving until his retirement in 2001. Beginning in the 1990s, the couple started taking painting classes at the Beverly Street Studio School. They participated in gallery shows and annual group trips to Europe to paint with fellow students and friends. Cooley, his family reports, possessed a spirit full of warmth and mirth, held a great sense of civic duty and was a loyal and caring friend. Cooley is survived by his three children, Talmage, John and Heath.

1961 ROBERT L. MONTAGUE III

has been serving on the board of Frontier Nursing University in Hyden, Ky., and is now a trustee. He is also current president of the Middlesex County Museum and Historical Society.

1962 On July 9, Vermont lost one of its beloved sons, a defender of the state’s material culture and historical record, as well as a generous benefactor who routinely gifted Vermont institutions with the treasures he collected. J. BROOKS BUXTON was a seventh-

UVA LAWYER SPRING 2019 119

CLASS NOTES

IN MEMORIAM: DANIEL ROSENBLOOM ’54, LAW SCHOOL FOUNDATION HONORARY TRUSTEE DANIEL ROSENBLOOM ’54,

a banking executive and former Law School Foundation trustee, died Nov. 29. He was 88. He was a member of the foundation’s board of trustees for 12 years. Rosenbloom served on the foundation’s Investment Committee from 1994-2002 and as its chairman from 1999-2002. He played a significant role on the board’s Budget and Finance Committee for two years starting in 2003, before he became an honorary trustee. He also established the Law School’s Rosenbloom Award, given annually to honor students with strong academic records who have significantly enhanced the academic experience of other law students by volunteering support and assistance. “Dan was in the vanguard of alumni leaders who loved the Law School and supported its ambitions when few outside the academy had reason to see the changing landscape in legal education,” said Law School Foundation President and CEO LUIS ALVAREZ JR. ’88. “Dan was loyal, gracious and altruistic. He belonged to a generation of the Law School’s finest friends.” Rosenbloom had served as general counsel, portfolio manager, chief administrative officer, investment banking/ corporate finance director and a member of the Management Committee at First Manhattan Co., a New York-based investment management firm he joined in 1968. He also served as a member of the Specialty Firms Advisory Committee and New York Area Firms Advisory Committee of the New York Stock Exchange, and as a member of the Advisory Group of HINC Asset Management AB of Sweden. Rosenbloom earned his B.A. from Virginia in 1951, his LL.B. from the Law School in 1954 and his LL.M. from the New York University School of Law in 1960. —Mike Fox

120 SPRING 2019 UVA LAWYER

generation Vermonter who grew up in the old millhouse at Chittenden Mills on the Browns River in the village of Jericho. An avid skier, Buxton was a member of the University of Vermont Alpine Ski Team. He then attended the Law School before embarking on his career, first in New York and then overseas. For more than four decades, he lived in Beirut, London, Riyadh, Tripoli, Tunis and Dubai while working in finance, and then in the international oil and gas industry. Buxton became deeply engaged in the history of each place in which he made his home and was fascinated by the art and artifacts that reflected their culture. With his extensive knowledge of history and multifaceted interest in the arts, he began collecting fine and decorative arts, as well as early 19th-century photographs of the regions in which he lived and traveled. In addition to Buxton’s extensive Middle East acquisitions, when living in London he built a distinguished collection of modern British art. But that was not his sole extracurricular pursuit in the United Kingdom. After a rare nontraumatic spinal cord injury in the 1990s left his lower body paralyzed, Buxton grew aware of the challenges of public access and became an advocate for accessibility, lobbying Parliament and contributing to spinal cord injury research during his time in London. When he retired as president of Conoco Arabia Inc. and director of Conoco Middle East Ltd. in 2003, Buxton returned to his beloved Jericho in a beautiful home designed by his niece, Lori Buxton Myrick, with vistas of the Winooski River and the hills beyond. Since his return to Vermont, he focused assiduously

on assembling an extensive collection of paintings depicting the agricultural and built landscape of Vermont from the 18th to 20th century, as well as select pieces by contemporary Vermont artists. It is an invaluable record of the Vermont landscape and considered to be the most extensive artistic representation of Vermont’s pastoral heritage in existence. In 2015, Buxton bequeathed the collection to the University of Vermont’s Fleming Museum of Art. Buxton was an active member of many boards during the last 15 years, including the Vermont Historical Society, Shelburne Museum, the Friends of the Statehouse and the Jericho Historical Society, and he was chair of the Fleming Museum’s board of advisors. He also was an advisor of the University of Vermont College of Engineering; the Middle East Center for Arabic Studies in Oxford, England; and the H.R.H. Prince Salman Center for Disability Research in Riyadh, Saudi Arabia, among others. In May, Buxton was awarded a doctor of humane letters from his alma mater, the University of Vermont, during its 217th commencement ceremony, in which he was honored as “exemplifying the engagement with and dedication to learning that the University of Vermont endeavors to instill in all its students.”

JAMES A. WADE of Robinson + Cole in Hartford, Conn., received Local Litigation Star recognition from the inaugural edition of Benchmark Labor & Employment.

1963 MICHAEL ALAN BANDER,

a 45-year Miami resident, U.S. Army veteran and one of the deans of the immigration bar, died suddenly at his summer home in Spruce Head, Maine, on Sept. 16, at age 79. Bander was recognized in publications such as Best Lawyers in America and through his membership in IMMLAW, the consortium of outstanding U.S. immigration lawyers providing services in U.S. port cities, which he helped organize. Most importantly, he was a devoted husband to JoAnne Bander for almost 49 years, loving father to Stephen and DEBORAH ’05, and active member of the community. Born in Haverhill, Mass., and raised in Chevy Chase, Md., he attended UVA for college and for law school. He was a committed UVA and Washington Redskins fan. Following law school, he served in the U.S. Army Medical Service Corps in Vicenza, Italy, rising to the rank of captain. He returned to Washington and joined the U.S. Department of Justice, where a legal case took him to Paraguay. He and JoAnne later spent two-and-ahalf years there with the Agency for International Development. With his mastery of Spanish and knowledge of Latin America, a relocation to Miami, with its diverse cultural landscape, was a logical next step. Bander served as president of the local chapter of the American Immigration Bar Association, National Board of the Immigration Bar; president of the American Jewish Committee, South Florida Chapter; board member of the Florida Bar Foundation; board member of the Pro-

CLASS NOTES

logue Society; member of the Coral Gables Pension Board; member of the Governor’s Commission on Affordable Housing; and board member of Gables Cinema. Bander dedicated his career to helping thousands of people from around the world attain U.S. residency and citizenship and contribute to the growth of Miami. A Robert Indiana print of the Statue of Liberty, with a tear on her cheek, hung over his desk. He helped organize and finance a successful effort in the mid-1990s to oppose Proposition 187, an antiimmigrant referendum effort in Florida. He was a founding member of the Miami Book Fair and founding subscriber of New World Symphony and could be found in the front rows of Chapman at the Book Fair; at some 15 New World concerts seasonally; and chatting with his Doctors Hospital exercise group at the Coral Gables Farmers Market. He was an avid reader of history.

Former U.S. Sen CHRISTOPHER “KIT” BOND

writes that he still enjoys practicing law, running a small business development company and selling renewable energy tax credits and other direct placement securities. “It’s better than being in the circus that has become the U.S. Senate.” Bond was recognized as a St. Louis

Lawyer of the Year by Best Lawyers. Bond focuses his practices on government relations at Thompson Coburn.

1964 MARC PEVERS completed the inaugural world cruise on the Viking Sun last winter.

1965 At the end of 2018, SANDY SIERCK completed 20 years as an adjunct professor at Georgetown’s law school, co-teaching the course International White Collar Crime.

1966 Judy Simmons writes that her husband, MARTIN SIMMONS, died. “Martin practiced law for 50+ years …. He was so proud to have graduated from UVA Law School. I enjoyed chairing the Law Wives and teaching at Meriwether Lewis grade school.” Together the couple developed 600 Brandon Ave., a complex near UVA Grounds with more than 40 condos, where many students lived.

1968 JAYSON AMSTER pub-

lished his first volume of poetry, “Haikuish Cats & Other Critters,” illustrated by Vici Taus. Amster reports he’s been writing poetry since college but hasn’t shared it until now. He plans

RON TYDINGS ’66, UVA President JIM RYAN ’92 and DOUG MACKALL ’58 attended the Belk Bowl on Dec. 29.

to publish another volume this summer and said writing “helps with my sanity while practicing.” With fun illustrations, the book is intended for an adult audience but accessible to youngsters as well.

1969 JOHN P. PARTIN has retired after 44 years of practice, though he still mediates cases. In 2017, he was honored by the Army Judge Advocate General’s Legal Center and School to give the 11th annual George S. Prugh Lecture in Legal History. He spoke about his experience as an assistant prosecutor in U.S. vs. William Calley.

GORDON SCHRECK

retired from active practice in January of 2018 and was appointed distinguished adjunct professor at Charleston School of Law in August.

1970 JACK MCKAY pub-

lished an op-ed in the Richmond Times-Dispatch on Sept. 8: “Jefferson/Trump and the Supreme Court.” The piece explores the history of Thomas Jefferson’s pressing for the appointment of Levi Lincoln to fill a vacant seat on the Supreme Court at an opportune time.

1971 RAYBURN HANZLIK re-

turned to the U.S. Department of Energy in July as senior legal adviser in the Office of General Counsel. He previously served in the DOE during the Reagan administration as administrator of the Economic Regulatory Administration.

IN MEMORIAM: DONALD MACKAY LL.M. ’69, SCOTTISH HIGH COURT JUDGE Lord DONALD MACKAY LL.M. ’69, a former British judge of the Supreme Courts of Scotland and lord advocate, died Aug. 21 in Edinburgh, Scotland. He was 72. Mackay was appointed a judge of the Court of Session and High Court of Justiciary, Scotland’s highest courts, in 2000. He also served as a senator of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. He was one of five additional Lords of Appeal in the House of Lords, where he sat as a crossbencher. He retired from the House of Lords in 2017. “My first encounter with Donald was also my first ever week in practice,” Mackay’s colleague Lord Iain Bonomy told The Scotsman. “I was junior counsel to him in a High Court sitting. From then on I was struck by the importance to him of ‘doing right’ by those he represented and judged. He encouraged and supported my involvement in a wide range of international judicial activities. Many others benefited from Donald’s interest in improving and maintaining standards in the wider legal profession.” In 1995, Mackay was named solicitor general for Scotland and then lord advocate, the chief legal officer of the Scottish government and the Crown in Scotland. He also became he became known as Lord Mackay of Drumadoon. He previously served on the board of the Criminal Injuries Compensation Authority and was a prosecutor at the High Court and temporary sheriff. While practicing at Allan McDougall & Company SSC in the 1970s, Mackay became a member of the Society of Solicitors in the Supreme Courts of Scotland and was admitted to the Faculty of Advocates. He earned an LL.B. and LL.M. from the University of Edinburgh. —Mike Fox

UVA LAWYER SPRING 2019 121

CLASS NOTES

SCHACKELFORD ’74, FIRST APPOINTED MADISON COUNTY ATTORNEY, RETIRES V.R. SCHACKELFORD III ’74, the first appointed county attorney

in Madison County, Va., retired in December, after more than 40 years of service. He began serving in the role May 14, 1976. According to the Madison Eagle newspaper, Shackelford—or “Shack,” as he is known among friends—defended the county in a number of legal challenges, some of which were resolved before the Virginia Supreme Court, and represented the county on zoning and other issues. He was injured in a horse-riding incident in September, hastening his retirement, the newspaper reported. In addition to his law degree, Shackelford graduated from Princeton University and served as an officer in the Navy. He will be replaced by SEAN D. GREGG ’87, who has worked alongside Shackelford for the past 20 years. —Eric Williamson

recognized in CoVa Biz magazine as a top lawyer in coastal Virginia for banking and finance.

TOM RESTON published “Soul of a Democrat.” He writes, “The book asks, ‘Has the Democratic party lost its soul, and how can they get it back in order to return to power?’ It’s a cheerful, optimistic book about politics today.”

FRANK RIGGS retired

from Troutman Sanders in Atlanta at the end of 2018. A former chair of the construction practice group, he continues to serve the construction industry as an arbitrator of complex construction project and energy project disputes.

JOHN F. WYMER III joined

Thompson Hine in Atlanta as a partner in their labor and employment law group.

1975 MICHAEL J. HORVITZ was LOUIS A. SHERMAN

has been retired for four years. He writes, “Carol and I enjoy traveling primarily to spend time with our sons, Eric (Col ’98 Med ’02) and Scott (Com ’01). I continue to serve as a retired judge and as a facilitator judge for a Supreme Court program.”

1972 HOWARD E. GORDON

of Williams Mullen in Norfolk was recognized in Best Lawyers 2019 for real estate law. He was also recognized in CoVa Biz magazine as a top lawyer in coastal Virginia for real estate.

GEORGE W. HOUSE

of Brooks Pierce in Greensboro, N.C., was

recognized in Best Lawyers 2019 for environmental law litigation, mining law, natural resources law and water law.

Gender Diversity,” in 2018. They are his 22nd and 23rd publications. Branson is the W. Edward Sell Chair in Law at the University of Pittsburgh.

ALAN D. ROSE became

a Fellow of the American College of Trial Lawyers in 2018. The college is composed of the best of the trial bar from the United States and Canada. Fellowship is extended by invitation. Rose is a partner in Rose, Chinitz & Rose in Boston.

1974 DOUGLAS M. BRANSON

published two new books, “Understanding Corporate Law,” in its fifth edition, and “The Future of Tech is Female: How to Achieve

122 SPRING 2019 UVA LAWYER

The Council of New Jersey Grantmakers elected WILLIAM V. ENGEL as its new chair. The statewide association serves private and corporate philanthropy interests across the state. Engel is chairman of the board of the Hyde and Watson Foundation. He also has served as a trustee of numerous nonprofit organizations, including the Pingry School and New Jersey SEEDS, of which he is a co-founder.

MONROE “MIKE” KELLY III

of Williams Mullen in Virginia Beach was

honored as a Cleveland Jewish News Difference Maker for 2018.

At the end of 2018, FREDERICK K. LOWELL

assumed retired partner status at Pillsbury Winthrop Shaw Pittman in San Francisco, where he had practiced law since graduating from the Law School.

LEE F. MERCIER is planning to retire after 43 years of practicing law in Jacksonville, Fla., principally in wills, trusts and estates, having been boardcertified for many years. He and his wife, Bobbie, are planning to take three to four foreign trips. First up, the Panama Canal and Costa Rica, then Sicily and India.

1976 R. BRIAN BALL

serves as secretary of commerce and trade to Virginia Gov. Ralph Northam. Ball has held the position since April 2018.

WALTER BARDENWERPER,

former vice president and general counsel of Towers Watson & Co., presented a paper on experiential teaching at the Moscow XXI International Scientific Conference, “Construction — The Formation of The Living Environment,” co-authored with Professor Richard Roe of Georgetown University Law Center and Professor Victoria Borkovskaya of Moscow State University of Civil Engineering. The co-authors presented a second paper in Moscow at the VI International Scientific Conference “Integration, Partnership and Innovation in Construction Science and Education.” Bardenwerper teaches Sustainability Risk Management at Immanuel Kant Baltic Federal University Law School’s All-Russia Summer School and Enterprise Risk Management at Peking University School of Transnational Law.

PETER E. BROADBENT JR.

was recognized in Best Lawyers 2019 for trademark law. Broadbent is a partner at Christian & Barton in Richmond, Va., and a member of the firm’s executive committee. He focuses his legal practice on intellectual property, telecommunications, business and governmental relations.

BILL CARY of Brooks

Pierce in Greensboro, N.C., was recognized in Best Lawyers 2019 for employment law (management), labor law (management), and labor and employment litigation. Cary was also named Lawyer of the Year in Greensboro for labor law (management).

S. MILES DUMVILLE was

elected vice-chair of the UVA Cancer Center Advisory Board. He also serves as vice-chair of the Civil Litigation Section of the Virginia Bar Association and is a life member of the Virginia Bar Association.

MICHAEL LEECH prac-

tices as a neutral mediator and arbitrator in Chicago and Philadelphia. He is a distinguished fellow of the International Academy of Mediators, a fellow of the College of Labor & Employment Lawyers, and a member of the American Law Institute.

STANLEY A. TWARDY JR.

has stepped down as managing partner of Day Pitney in Stamford, Conn., and is enjoying his return to the practice of law.

1977 President Donald Trump nominated JAMES S. GILMORE in November 2018 to be the representative of the United States to the Organization for Security and Cooperation in Europe, with the rank of ambassador.

BARRY R. KOGUT of Bond, Schoeneck & King in Syracuse, N.Y.,

CLASS NOTES

was recognized in Best Lawyers 2019 for environmental law.

COMMERCE APPOINTS HOWARD ’77 SPECIAL COMPLIANCE COORDINATOR The U.S. Department of Commerce appointed ROSCOE C. HOWARD JR. ’77 as special compliance coordinator for Chinese telecommunications company ZTE in August as part of a sweeping settlement. ZTE pleaded guilty in 2017 to violating U.S. sanctions by illegally shipping U.S. goods and technology to Iran. The company also made false statements and obstructed justice by creating an elaborate scheme to prevent disclosures to and mislead the federal government. This appointment is the result of the historic settlement between Commerce and ZTE that includes a $1.761 billion fine, a 10-year probationary period and the installation of the coordinator to conduct regular and comprehensive compliance supervision by a team answerable to the Bureau of Industry and Security. “Mr. Howard is exceptionally well-versed in corporate compliance, having tried more than 100 cases as a federal prosecutor, as well as helping those in the private sector on compliance and ethics issues,” Commerce Secretary Wilbur L. Ross Jr. said in a statement. The Special Compliance Coordinator’s function will be to coordinate, monitor, assess and report on compliance with U.S. export control laws by ZTE, its subsidiaries and affiliates worldwide. As stated in the Superseding Agreement and Order, the coordinator will operate with unprecedented access across the company. “I am honored to be selected for this critical role,” Howard said in a statement. “My team and I will be vigilant in efforts to ensure that ZTE complies with all U.S. export control laws and regulations.” Howard was most recently a partner in Barnes & Thornburg’s Litigation Department in Washington, D.C., and previously served as U.S. Attorney for the District of Columbia from 2001-04. Prior to his appointment, Howard was a tenured professor at the University of Kansas School of Law. He has twice served as an associate independent counsel under both Republican and Democratic presidents and was an assistant U.S. attorney in the District of Columbia and in the Eastern District of Virginia. —Mike Fox

MICHAEL C. ROSS has

published two additional collections of quotations with Rare Bird Lit: “Ross’s Thoughtful Discoveries,” which features quotes from literature on reality, thinking, reasoning and contemplation, and “Ross’s Personal Discoveries,” which features quotes and musings on personal relations: the good, bad and ugly. Ross, a passionate bibliophile, curates his favorite literary quotes from the more than 1,500 well-read books on his shelves.

Lawyers Hall of Fame. Cantor is a past president of the Virginia Trial Lawyers Association, the American Board of Trial Advocates-Virginia Chapter, and the Brain Injury Association of Virginia.

BRUCE L. MERTENS of

Sands Anderson in Richmond was named to Virginia Business magazine’s 2018 Virginia Legal Elite in the area of taxes, estates, trusts and elder law.

Morant will return to the faculty of GW Law.

For the seventh consecutive year, LINDA E. ROMANO

was recognized in Best Lawyers 2019 for corporate law. Romano practices with Bond, Schoeneck & King in Utica, N.Y.

DANIEL M. SIEGEL of Sands Anderson in Richmond was named to Virginia Business magazine’s 2018 Virginia Legal Elite in the area of business law.

1979 PETER S. EVERETT, prin-

Stanford Law School appointed retired federal judge STEPHEN W. SMITH as director of the Fourth Amendment and Open Courts clinic at the Center for Internet and Society. Smith retired from the bench on July 31 after serving 14 years as a U.S. magistrate judge in Houston. Smith’s work at the center focuses on the constitutionality of digital search and surveillance, as well as public access to court records authorizing investigative techniques.

1978 IRVIN B. CANTOR was

named to the inaugural class of the Virginia

TOM MCGOUGH and STEVE CARDI ’66 proudly

announce the birth of their grandson, Nico Fitzpatrick McGough, born Dec. 30 (pictured with McGough). Cardi sent in this photo because, in his words, “Do you think it’s possible for any human to smile more broadly?” The entire family is “over the moon with the future Cavalier.”

After five years at the helm of George Washington University Law School, Dean BLAKE D. MORANT, also the Robert Kramer Research Professor of Law, announced he will step down at the end of the academic year. After a sabbatical leave,

cipal of Blankingship & Keith in Fairfax., Va., has been named to the list of “Top Lawyers” for personal injury law by Washingtonian magazine.

RANDY UNDERWOOD

of Brooks Pierce in Greensboro, N.C., was recognized in Best Lawyers 2019 for financial services regulation law and real estate law.

1980 Following the merger of C.R. Bard with Becton, Dickinson and Co., JOHN BRENNER became chief litigation counsel with the new entity, BD.

JIM L. FLEGLE flies the Virginia flag on Antarctica for the Class of 1977 over the holidays. Flegle said the trip was “mind-blowing and life-changing.”

UVA LAWYER SPRING 2019 123

CLASS NOTES EDWARD R. KOCH

KARSH ’81 TO SERVE AS UVA CAMPAIGN CO-CHAIR and basketball star Malcolm Brogdon (Col ’16) will serve as co-chairs for “Honor the Future: The Campaign for the University of Virginia,” UVA announced in October. The $5 billion campaign will position the University to thrive into its third century through a commitment to UVA’s founding ideals: truth, citizenship and the power of knowledge. Gifts from the University’s many generous supporters during the campaign are expected to bolster strategic objectives in every school, department and sector, and further improve UVA’s unparalleled student experience. Chaired by Peter Grant II (Col ’78, Darden ’86), a longtime stalwart supporter of UVA, the campaign begins its public phase in the fall. “Martha Karsh and Malcolm Brogdon represent what this university—and this campaign—are all about,” UVA President JIM RYAN ’92 said. “They love UVA, but they also believe it can be even stronger than it is today, and I’m grateful to both of them for agreeing to help lead this campaign and help us continue to make progress.” Karsh, who graduated from the College of Arts & Sciences in 1978, co-manages the Karsh Family Foundation’s giving. In 2017, she and her husband, BRUCE KARSH ’80, announced a gift to the Law School that, when matched by funds provided by the University’s Strategic Investment Fund, marks the largest commitment in Law School history. The gift will fund the school’s Karsh-Dillard Scholarships, which awards full tuition and fees for all three years of study. It also establishes the Karsh Center for Law and Democracy and creates an endowed professorships fund—named in honor of U.S. Supreme Court Justice Anthony Kennedy—to support faculty affiliated with the Karsh Center. Martha Karsh recently served as a member of the board of the organization that helped Los Angeles land the 2028 Summer Olympics. A trustee emerita of the UVA Law School Foundation, she co-founded the Los Angeles design firm Clark & Karsh. The Karshes co-own the Golden State Warriors. “‘Honor the Future’ is an ambitious and important campaign for a flagship public university certain to reach new heights under Jim Ryan’s leadership,” Karsh said. “At the Law School, I forged my professional and family life and honed critical intellectual skills. I’m honored to give back to a University which gave me so much.” Brogdon currently plays for the NBA’s Milwaukee Bucks, earning Rookie of the Year honors in 2017. He graduated from UVA in 2016 with a bachelor’s in history and a master’s from the Frank Batten School of Leadership and Public Policy. —McGregor McCance MARTHA LUBIN KARSH ’81

is retired from the practice of law and now the New Jersey chair of USA Track & Field Officials. He resides in Haworth, N.J., with his wife, Cora, and sons, Eddie and Bill.

DIAL PARROTT’S second

book, “Pigeons in the Piazza: A Young American Family’s Italian Adventures Seamlessly Merged With Growing Up in Police State Mississippi,” will be published later in 2019. “The subtitle says it all,” writes Parrott. “Tons of great photographs will accompany the text.”

KATHY ROBB was named to City & State’s 2018 Responsible 100, honoring individuals who “embody the core principles of corporate social responsibility.” City & State, a New York Citybased weekly magazine covering politics and government, annually honors New York’s most outstanding executives, thought leaders, visionaries and influencers for improving their communities and making transformative change. Robb is a partner at the environmental law firm Sive, Paget & Riesel in New York City.

inaugural edition of Benchmark Labor & Employment.

1981 CAM COWAN’S docu-

mentary film, “Madagasikara,” has won awards in multiple film festivals, and is up for two awards in an upcoming London festival: Best Foreign Language Documentary and Best Cinematography in a Documentary. The film is about the dire situation in one of the world’s poorest countries, Madagascar, and focuses on the personal stories of three women. While their life stories differ, their missions are the same: to educate their children.

NELL HOFFMAN BONAPARTE, PAT RIGBY WILLIAMS, KAREN HENIZE GEIGER, CHERYL KREMZIER BAIRD, SARAH GANNON SEDDELMEYER, KRISTEN WOLMACK MALONEY, TINA RAVITZ,

and CHRISTINE HUGHES gathered in Sante Fe last fall for a long weekend of art, history, friendship and food.

DAVID SCHAEFFER is

the author of a second book on mountaineering, “Another Five Big Mountains and Treks,” which was published by Mercer University Press in the fall. This book covers Schaeffer’s climbs of Mount Rainier, Mount Fuji in Japan, Cho Oyu in Tibet (the sixth-highest mountain in the world), and treks to Everest base camp and the Inca Trail to Machu Picchu. Schaeffer’s first book, “Five Big Mountains,” sold out of its first hardback printing and is now available in paperback. It covers Kilimanjaro, Aconcagua, Vinson in Antarctica, Elbrus (the top of Europe in Southern Russia, climbed with JIM EWING), and Pico de Orizaba, the highest mountain in Mexico. Both books are available on Amazon. After 38 years as a civil litigator and trial attorney in Atlanta, Schaeffer is retiring from the active practice of law and will concentrate on his mediation practice with Miles Mediation in Atlanta and Savannah, Ga. He and his wife will be moving to Kiawah Island, S.C., this year.

1982 JOHN L. RIVKIN has

JOSEPH L. CLASEN of

Robinson + Cole in New York and Stamford, Conn., received Local Litigation Star recognition from the

been named to Best Lawyers for insurance law. Rivkin practices with RivkinRadler in Uniondale, N.Y. Rivkin is also a U.S. Merchant Marine officer who holds a U.S. Coast Guard 100-Ton master’s license.

MARK MERRITT rejoined his practice at Robinson Bradshaw in Charlotte, N.C., after serving as vice chancellor and general counsel at the University of North Car-

Friends and classmates, left to right, DAVID FLANIGAN ’88, ALEXANDER “WHIT” WHITAKER ’88, and NELL KING BIEGER ’87 at a recent trustee event for King University in Bristol, Tenn., where Whitaker is president and Flanigan and Bieger serve as members of the board of trustees.

124 UVA SPRING LAWYER 2019 UVA SPRING LAWYER 2019

100 CHANGE AGENTS

CLASS NOTES

olina-Chapel Hill for the past two years. Merritt’s 33-year business litigation experience includes antitrust, complex, class action and shareholder litigation. He has represented clients in governmental investigations, including civil and criminal investigations conducted by federal antitrust agencies, and investigations by the Securities and Exchange Commission.

1983 MARK DAVIDSON

of Brooks Pierce in Greensboro, N.C., was recognized in Best Lawyers 2019 for corporate law, mergers and acquisitions law, securities/capital markets law and tax law.

I was sad to miss last year’s reunion, I was happy to host STEVE EDELSON, KENT ALEXANDER, DAVE MUSHINSKI, MARK KANTOR, ELAINE METLIN, ALICE HILL and JOHN YOUKILIS ’84 for a weekend in the Bay Area. Bowling was included!”

JEFF OLEYNIK of Brooks Pierce in Greensboro, N.C., was recognized in Best Lawyers 2019 for antitrust law and bankruptcy and creditor debtor rights/insolvency and reorganization law. Oleynik was also recognized in Business North Carolina’s “legal elite” for bankruptcy.

1984 WILLIAM CHAPMAN sent

MATT ESTES wrote, “I

left Skadden and joined the Office of the General Counsel in 2018, where I work with classmate DEBBIE LEAHY.”

PATRICK O. GOTTSCHALK

of Williams Mullen in Richmond, was recognized in Best Lawyers 2019 for business organizations (including LLCs and partnerships).

LOUIS J. LICATA, founder

and president of the Licata Law Group in Independence, Ohio, was appointed to the Case Western Reserve University Visiting Committee for Inclusion, Diversity and Equal Opportunity.

In the fall, JANET NAPOLITANO sent a note,

“I’m beginning my sixth year as president of the University of California. And, while

in a family update. “In September our son Ben proposed to the wonderful Katie Bono and their wedding is set for July. She adds a love of the outdoors to an outdoor-loving family in a totally great way. In October, I retired, intending this time only to play. In November, Frankie opened a successful solo exhibit of her paintings at a Pioneer Square gallery. And in December, our daughter ELLIE ’15 said yes to her beau, Adam Butler. He adds particular strength to the family basketball team, as each generation seems to improve. Ellie practices law at GLEN STUART’S firm, Morgan Lewis, in the San Francisco office. “Frankie and I will celebrate our 35th anniversary after our UVA reunion of the same number. She has somehow evolved from scientist/regulator/ mediator at UVA and the Environmental Protection Agency to an even more talented and fun artist/parent/ hiking and tennis partner. “My retirement is from five years leading

ALUMNAE NAMED ‘INFLUENTIAL WOMEN OF LAW’ Six alumnae—ANGELA CIOLFI ’03, VALERIE WAGNER LONG ’98, ALISON M. MCKEE ’84, JOAN C. MCKENNA ’94, COLLEEN MAREA QUINN ’88 and KATHERINE J. SEIKALY ’05—and Dean Risa Goluboff were honored in the inaugural class of “Influential Women of Law” for 2019 by Virginia Lawyers Media, publisher of Virginia Lawyers Weekly. Honorees were celebrated at a reception and dinner Feb. 18 outside Richmond. Ciolfi is executive director of the Legal Aid Justice Center in Charlottesville. The former Powell Fellow previously served at LAJC as legal director of JustChildren, and director of litigation and advocacy. Long serves as co-chair of Williams Mullen’s land use practice in Charlottesville and focuses on real estate transactions and land use matters. The Best Lawyers in America has recognized her as a top attorney for both land use and zoning, and real estate law. McKee is of counsel at Kaufman & Canoles in Virginia Beach and specializes in commercial law. She is chair of the Virginia Bar Association board of governors and co-chair of the VBA’s Committee on Virginia Third Party Legal Opinions Report. McKenna is a partner at O’Hagan Meyer in Richmond and represents businesses in a variety of employment and tort lawsuits. She has served as president of the Virginia Women Attorneys Association board of directors and was recognized by Virginia Business magazine as a “Legal Elite” in labor/employment. Quinn specializes in adoption and assisted reproductive technology law at Locke & Quinn in Richmond. She is past president of the Academy of Adoption & Assisted Reproduction Attorneys, having served on the academy board and in numerous chair and conference chair positions. Seikaly is a partner with Reed Smith in McLean, focusing her practice on government and internal investigations, and regulatory compliance and enforcement matters. She was named a Washington D.C. Rising Star in white-collar criminal defense in 2014. Goluboff, Arnold H. Leon Professor of Law and a professor of history, is the 12th, and the first female, dean of the Law School. She is a nationally renowned legal historian whose scholarship and teaching focuses on American constitutional and civil rights law, and especially their historical development in the 20th century. —Mike Fox

UVA LAWYER SPRING 2019 125

CLASS NOTES

a company in redeveloping a coal export terminal project, adding needed infrastructure in an industrial port town called Longview, Wash. Economic development is sorely needed in Longview, just as the coal that would pass through it is needed in Japan and South Korea as they continue to upgrade and diversify their energy supplies.”

LONNIE D. “CHIP” NUNLEY III received the

SAMS ’85 ELECTED CHAIR OF PRINCETON UNIVERSITY BOARD OF TRUSTEES LOUISE “WEEZIE” SAMS ’85,

executive vice president and general counsel for Turner Broadcasting System, has been elected chair of the board of trustees of Princeton University, effective July 1. Sams, who served her first term as a charter trustee from 2004-14 and began her second term in 2015, was elected by her fellow board members at a meeting in November. “Weezie Sams is a proven leader who has served with distinction and wisdom on the board of trustees and in many other key roles within Princeton’s alumni community,” Princeton President Christopher L. Eisgruber said in a statement. “Her engagement with this university, and her dedication to its values, are unsurpassed.” Sams practiced law for several years at White & Case in New York before joining Turner in 1993, where she has served in a number of leadership roles, including a stint as the president of Turner International. She oversees the company’s legal matters worldwide, which include acquisitions and joint ventures; production and clearance of content for Turner’s networks; protection of the company’s intellectual property; and litigation and employment matters. Sams directs a staff of 110 lawyers located around the world. She graduated magna cum laude with a bachelor’s from Princeton in 1979. —Mike Fox

126 SPRING 2019 UVA LAWYER

2018 George Hettrick Leadership Award from the Greater Richmond Bar Foundation for his pro bono work. Nunley is a partner at Hunton Andrews and Kurth and he’s served as pro bono partner for the firm’s in service-Richmond efforts. Under Nunley’s leadership, 100 percent of Hunton lawyers have contributed pro bono service annually for the last nine years. He helped create two pro bono programs: the Richmond Bar’s housing clinic program and a hotline program. Both programs serve tens of thousands of low-income individuals.

JOHN M. PARIS JR. of

Williams Mullen in Virginia Beach was recognized in CoVa Biz magazine as a top lawyer in coastal Virginia for business law.

1985 J. DAVID CARROLL of

Sands Anderson in Richmond was named to Virginia Business magazine’s 2018 Virginia Legal Elite in the area of corporate counsel.

PAUL A. LOMBARDO,

Bobby Lee Cook Professor of Law at Georgia State University College of Law, was a featured commentator in the Oct. 16 “American Experience” episode on PBS, “The Eugenics Crusade.” His work on the history of eugenic sterilization and the 1927 Supreme Court case Buck v. Bell was also highlighted in “Finding Carrie Buck,” a graphic article published online to accompany that program. Earlier this year, he was the featured interviewee on the NPR program and podcast Hidden Brain, “Emma, Carrie, Vivian: How a Family Became a Test Case for Forced Sterilizations.”

the Law,” was published in October by Anaphora Literary Press. Fellow legal thriller author ADAM MITZNER ’92

blurbed the book and Gerber was interviewed by an Ohio TV affiliate about the novel upon its release. This year Gerber is a visiting professor of political theory at Brown University.

DAVID M. KATINSKY was named chief of the Civil Trial Section, Northern Region of the U.S. Department of Justice’s Tax Division.

MELISSA H. WEAVER

of Brooks Pierce in Greensboro, N.C., was recognized in Best Lawyers 2019 for employee benefits (ERISA) law.

1986 PETER A. CARO, a

partner at Casner & Edwards in Boston, was selected for inclusion in the 2018 Massachusetts Super Lawyers for his practice in real estate.

GEORGE DOUMAR

reports, “I have run 14 half-marathons in 2018, all with gimpy knees. All four of our children have graduated from college. I just had an ultrasound, and the doctor said my liver looks great!”

SCOTT GERBER’S fourth

legal thriller, “The Art of

BILL RAGLAND of Womble Bond Dickinson in Atlanta was named one of the world’s Top 300 IP Strategists by Intellectual Asset management magazine for the eighth time. Ragland was also named Lawyer of the Year by Best Lawyers 2019 for mergers and acquisitions litigation in the Atlanta market—the fifth consecutive year Ragland received this recognition.

1987 THOMAS P. ANGELO

is the chief executive officer, president and founder of Angelo & Banta in Fort Lauderdale, Fla. The firm represents developers, private equity firms and banks in loan transactions

Alumni in the Los Angeles and Orange County, California, region held the first “official” FEB CLUB social events—four of them throughout the month of February as a nod to the UVA Law tradition. Region managers LISA STEEN PROCTOR ’89 and NANCY SCHWAPPACH ’87 get credit for the idea and for volunteering on behalf of the Law School Foundation.

CLASS NOTES

around the country. Angelo is also a real estate investor on multifamily and retail projects and has a consulting firm that actively manages several restaurants throughout the United States. His most recent venture is a partnership with Fabio Trabocchi from Washington, D.C., where they have opened Fiola Miami, located in Coral Gables, Fla.

will depart Harvard University to become the 15th president of Gettysburg College in Pennsylvania, starting in July. He most recently worked as senior vice president, general counsel and deputy to the president at Harvard, and as a lecturer at Harvard College and the Harvard Graduate School of Education. Gettysburg made the announcement in January. “I can’t imagine anything more inspiring than joining the Gettysburg community and helping the faculty, students and staff ‘do great work,’” Iuliano said in a statement. “My life has been devoted to and defined by higher education, and the opportunity to come to a campus where the faculty and students work so closely together on the shared endeavor of learning and advancing knowledge is enormously exciting.” At Harvard, Iuliano oversaw the University Police Department, managed efforts to strengthen Title IX anti-discrimination regulations, and worked with other leaders to launch an online learning partnership with the Massachusetts Institute of Technology. He taught classes on education and the law, and contemporary issues in higher education. As general counsel, Iuliano led Harvard’s response to the lawsuit challenging the college’s consideration of race in admissions. He was also instrumental in restoring formal recognition of ROTC on campus after a decadeslong absence, negotiating agreements with the armed forces after the repeal of the “Don’t Ask, Don’t Tell” sexuality policy in 2011. “As deputy to the president at Harvard, Bob has been involved in key decisions the university has made about strategy, policy and student life,” said David Brennan, chairman of Gettysburg’s board of trustees, in a statement. “This wide variety of experiences at such a remarkable institution, coupled with his passion for teaching and the liberal arts, translates into the type of leader we need at Gettysburg College.” Iuliano previously worked in the labor and litigation departments of the Boston law firm Choate, Hall & Stewart and served as a federal prosecutor in the U.S. Attorney’s Office in Boston before joining Harvard’s Office of the General Counsel in 1994. He earned a bachelor’s in government from Harvard College in 1983. —Mike Fox

BOB SAUNDERS of Brooks Pierce in Greensboro, N.C., was recognized in Best Lawyers 2019 for litigation and controversy (tax), nonprofit/ charities law and tax law. Saunders was also named Lawyer of the Year in Greensboro for litigation and tax controversy.

In 2013, DAVID HAYDON suffered a traumatic brain injury. In October, Anton, his first guide dog, joined the family from Guide Dogs for the Blind in San Rafael, Calif. Haydon now serves on the board of the Brain Injury Association of Kansas and Greater Kansas City, located in Shawnee Mission, Kan.

RONALD J. TENPAS

IULIANO ’86 NAMED PRESIDENT OF GETTYSBURG COLLEGE ROBERT W. IULIANO ’86

1990

landmark legal cases and legal work Kerr has done on behalf of PETA.

RANDY TINSLEY of

JAMES L. BANKS JR. is general counsel of the Society for Human Resource Management, an organization whose mission is to transform work. Prior to joining the society, Banks served as attorney for the city of Alexandria, Va., where he was general counsel for the city and advised and represented its mayor, City Council, city manager and city departments on a variety of legal matters. Previously, Banks was a partner at Seyfarth Shaw and McGuireWoods, where he focused on employment litigation.

PETA General Counsel JEFFREY KERR took part in a 10-part documentary series titled, “PETA Reveals: Everybody’s Got a Story.” Kerr’s episode features some of the

Brooks Pierce in Greensboro, N.C., was recognized in Best Lawyers 2019 for environmental law and litigation.

1988 JOHN COOPER writes, “Our son, MATTHEW, is attending the Law School and is a member of the Class of 2021. He loved his first semester. Prof. Ken Abraham was his Torts teacher, 33 years after he taught me!”

joined Vinson & Elkins in Washington, D.C., as a partner in the environmental and natural resources group. Tenpas previously served as assistant attorney general for the environment and natural resources division of the U.S. Department of Justice.

1991

TERRENCE L. GRAVES, a SUSAN B. READ has

opened the Law Office of Susan B. Read in Staunton, Va., a general practice office, concentrating in family law. Read also provides mediation services.

ERIC C. TAYLOR was

elected assistant president judge of Los Angeles Superior Court for 2019-20.

shareholder of Sands Anderson in Richmond, has been inducted into the Virginia Law Foundation Fellows class of 2019. The program was created to encourage and recognize excellence in the practice of law and public service and to support the programs and objectives of the foundation. The current fellows membership is nearly 500. Graves is

Three generations from the Law School enjoy Thanksgiving together in 2018: ABBY JOHNSON RAPHAEL ’89; her husband STUART RAPHAEL ’89; Abby’s father, ALLAN JOHNSON ’58; and their daughter, DANA RAPHAEL ’20. Abby writes, “I graduated 31 years after my dad, and Dana will graduate 31 years after I did. Quite a family tradition!”

UVA LAWYER SPRING 2019 127

CLASS NOTES

EFFORT LED BY DOLAN ’86 EXPANDS ACCESS TO AP COURSES

GLOBAL TEACHING PROGRAM

Founder and CEO MATT DOLAN ’86 conceived the Global Teaching Project as a way to provide underserved students the same educational opportunities that he and his wife, MARYELLEN DOLAN ’87, sought for their own children, including their daughter Nora, who graduated from the UVA College of Arts & Sciences and is now working with Teach For America. The Global Teaching Project provides promising high school students in rural, low-income communities access to the advanced courses their schools otherwise could not offer, due both to a lack of resources and a chronic and worsening shortage of qualified teachers. The first person Matt Dolan spoke with about the project was Law School classmate TODD WAGNER ’86, a pioneering technology entrepreneur who has long been deeply involved in efforts to help disadvantaged students succeed academically. “Todd understood the enormity of the task, but he also recognized its importance,” Dolan said. “He agreed to be

HIGH SCHOOL JUNIORS IN MISSISSIPPI work on problems in their AP physics class, which is supported by tutoring from students from the University of Virginia and other top-level colleges around the country.

part of our effort—without his input, we could never have gotten off the ground or remained in business.” Mississippi fares worst in metrics of Advanced Placement exam participation and performance. The pilot program’s inaugural course is AP Physics 1, a subject chosen at the urging of Mississippi school superintendents, who cited a particularly severe shortage of teachers in that subject. State education officials note that, in a typical year, the state colleges and universities may produce a single physics teacher for the state’s 130,000 public high school students. To help implement the course, Dolan turned to UVA physics department Chair Bob Jones, whom Dolan knew from their days together as students on Grounds. Jones, in turn, helped recruit UVA undergraduate physics majors to serve as tutors. “We were confident that the UVA tutors would do a great job teaching physics,” Dolan said. “What we did not anticipate is the value they would bring as role models. They have opened a new world to our students, who have learned not just the subject matter, but also what it takes to excel academically.” In the 2017-18 academic year, the program successfully increased the number of Mississippi public high schools offering AP Physics 1 by 30 percent. Last May, students from participating Mississippi schools took the AP Physics 1 exam—a challenge that less than one-third of 1 percent of Mississippi public high school students took on. In each case, those students were the first ever at their schools to take that exam. —Jane Kelly

128 SPRING 2019 UVA LAWYER

recognized for his high standards, excellent trial experience and leadership in the legal community. He currently serves as the 134th president of the Richmond Bar Association, the second African-American to hold this position. He also served as president of the Virginia Association of Defense Attorneys from 200708. He was inducted as a fellow of the American College of Trial Lawyers in 2012 and became a fellow of the Litigation Counsel of America in 2007, and then a senior fellow in 2015. Graves was also named to Virginia Business magazine’s 2018 Virginia Legal Elite in the area of civil litigation.

1992 JAMES TRIGG was elected partner at Kilpatrick Townsend in Atlanta. A member of the trademark and copyright team, his practice focuses on copyright, trademark and entertainment law, including litigation, licensing, clearance, registration and general counseling in these fields.

MICHAEL WU, senior

vice president, general counsel and secretary of Carter’s Inc., received the Asian American Legal Defense and Education Fund award March 27 in New York City. The fund’s Justice in Action Award recognizes exceptional individuals for their outstanding achievements and efforts to advance social justice. More than 700 leaders of the civil rights, legal, business and arts communities across the country attended the 45th anniversary gala at the Chelsea Piers. Wu’s leadership in diversity and minority attorney retention were highlighted in the Jan. 24 edition of the Atlanta Business Chronicle.

1993 In July, BILL KINCAID was named managing associate general counsel for the Fayetteville Office of the General Counsel for the University of Arkansas. He has served with the office since the fall of 2000.

DICKENS MATHIEU was

featured in Vanguard Law magazine for his role as general counsel of Trinity College in Connecticut. The indepth article follows Mathieu’s career progression from assistant U.S. attorney to academic administration.

PETER M. WENDZEL

JEFFREY F. SWIATEK

joined Jackson Lewis as a principal in the firm’s Orlando office. Wendzel joins the firm from Wyndham Destinations, where he served as in-house counsel for almost 15 years. Wendzel focuses his practice on representing employers in workplace classaction litigation, and preventive advice and counseling.

of Hodgson Russ in Buffalo, N.Y., was recognized in Best Lawyers 2019 for education law.

In January, DANA YOUNG was named

president and CEO of Visit Florida. She is the first woman to lead the group, whose mission is to strengthen the tourism industry and build on the economic success of the state.

1994 PATRICK J. JOHNSON

of Brooks Pierce in Greensboro, N.C., was recognized in Best Lawyers 2019 for corporate law and mergers and acquisitions law.

BRADFORD A. KING of

Sands Anderson in Richmond was named to Virginia Business magazine’s 2018 Virginia Legal Elite in the area of legislative, regulatory and administrative law.

1995 ERIC BROYLES made

the largest gift the University of Cincinnati Blue Ash College has ever received—$1 million—to form the Eric C. Broyles Student Success Scholarship Fund. Broyles said gratitude for his education inspired him to create the fund, with the intention of helping students facing obstacles similar to those he himself faced. After receiving his associate degree from UC Blue Ash, Broyles earned a bachelor’s from UC’s Carl H. Lindner College of Business. During the day, he attended classes and sold garage doors for AE Doors, and throughout his freshman year he worked an overnight janitorial shift at a gas station, allowing only four hours of sleep per night. Broyles said mentors and his teachers at UC helped get him through those challenging times, preparing him to further his education at the Law School. Broyles is now CEO of ExpertConnect, an international research firm that helps investors, private equity firms and corporations make better decisions. He is also co-founder

CLASS NOTES

and a board member of Megree Inc., a social business software company.

works in data privacy compliance, with a focus on products used in schools and by children.

Ohio, was recognized in Best Lawyers 2019 in the areas of employment law (management and labor) and employment litigation.

JOHN MCDOWALL joined

JEFFREY W. COTTLE

joined Norton Rose Fulbright as a partner. Cottle will divide his time between the U.S. and Europe, as he will continue to serve a global client base. Cottle’s practice focuses on regulations and investigations, regulatory compliance and white-collar criminal defense law.

Fikso Kretschmer Smith Dixon Ormseth, a boutique real estate and business transactions firm in Seattle. “Not surprisingly,” he writes, “my practice still focuses on real estate and business transactions.” Since graduation, McDowall had been with Carney Badley Spellman, where he had chaired the business and real estate groups.

JASON GUY MOYERS

was elected secretary of the Virginia Association of Defense Attorneys in October. Moyers practices with Frankl Miller Webb & Moyers in Roanoke.

PETER VINCENT, general

Goulston & Storrs in Boston named WILLIAM DILLON as co-managing director of the firm. Dillon, a real estate lawyer, will continue to serve in his current role as co-chair of the firm’s inclusion advisory committee, which focuses on advancing diversity and inclusion internally and within client servicefocused efforts.

JANICE JOHNSTON won

her sixth Emmy in October. Johnston is a senior coordinating producer for ABC News Magazines and Specials.

counsel for Thomson Reuters Special Services, has been featured in the media on various timely news topics since the last issue of UVA Lawyer. He commented on drug kingpin “El Chapo” Guzmán on BBC World News, on domestic terrorism on MSNBC and on the pipe bomb attacks on CGTN.

HILL WELLFORD moved his Chambers-rated antitrust practice in 2018 to Vinson & Elkins in the Washington, D.C., office. He continues to work with technology, energy and pharmaceutical companies in the U.S. and globally.

1996

1997

JENNIFER M. DELMONICO,

managing partner of Murtha Cullina, received the 2018 Woman of the Year award from the Quinnipiac Chamber of Commerce. The award recognizes an outstanding woman in the business community who has exhibited exceptional leadership skills, is an active participant in the community and has noteworthy results. DelMonico is the board chair of the Greater New Haven Chamber of Commerce and the board vice chair of the Connecticut Business and Industry Association. She serves on the board of directors of the New Haven Symphony Orchestra and is a James W. Cooper Fellow of the Connecticut Bar Foundation. In 2017, DelMonico received the Hartford Business Journal’s Women in Business Award.

RONNIE HALIGMAN

became the president of Zimmerman ad agency in 2018. Zimmerman is the 11th-largest agency in the country and is based in Fort Lauderdale, Fla.

JOSH BLACK started a JENNIFER EILERS KLEPPER joined Google

as compliance lead after Google’s acquisition of Workbench, an educational technology startup, where she served as chief compliance officer. Klepper

new position as deputy general counsel at Steward Health Care Systems in Boston.

MARK KNUEVE of Vorys,

Sater, Seymour and Pease in Columbus,

KEVIN W. HOLT is a

partner and head of the commercial litigation practice group at Gentry Locke in Roanoke, Va. He recently concluded his term as president of the Roanoke Bar Associa-

CADISH ’89 TAKES SEAT ON NEVADA SUPREME COURT Justice ELISSA CADISH ’89 of the Nevada Supreme Court helped make history when she took her seat in January, giving women a majority on the court for the first time. She won a nonpartisan, open election in November to Seat C after being the top vote-getter in a five-way primary in spring. Abbi Silver and Justice Lidia Stiglich also won, and the trio joined Justice Kristina Pickering, who wasn’t up for re-election, to give the women four out of seven seats on the bench. Cadish, a self-described “law geek,” said she considers retired U.S. Supreme Court Justice Sandra Day O’Connor a role model and hopes the court’s new majority will inspire others. “It’s important for everyone, regardless of their backgrounds and experiences, to have role models to look to and know that there are opportunities out there to do all kinds of different things,” she told the Las Vegas Review-Journal. “And I think it will help when you see, wow, four women sitting up there with three men. It looks like a realistic possibility, and it’s something to really work toward.” She was appointed Clark County district judge by Gov. Jim Gibbons in 2007 after serving as a lawyer representative to the U.S. District Court. She previously worked at the Las Vegas law firm Hale Lane Peek Dennison and Howard, focusing on commercial litigation and employment law. Cadish was president of the Southern Nevada Association of Women Attorneys from 2004-06, and remains an active member. She was elected to the American Law Institute in 2016 and is a master in the Howard D. McKibben Inn of Court. She has been honored with numerous awards by the local legal community. After graduation from UVA Law, Cadish clerked for U.S. District Judge Philip M. Pro of the District of Nevada and was considered by President Barack Obama to replace Pro in 2012 ahead of his retirement. She graduated magna cum laude, earning a bachelor’s with honors from the University of Pennsylvania in 1986. —Mike Fox

UVA LAWYER SPRING 2019 129

CLASS NOTES

UVA LGBT GROUP HONORS MALONEY ’92, FAULK ’01 Two alumni were recognized in the fall by The Serpentine Society for their efforts on behalf of the LGBT community at UVA and beyond: U.S. Rep. SEAN PATRICK MALONEY ’92 garnered the group’s Bernard D. Mayes Award, while CORDEL FAULK ’01, UVA Law’s assistant dean and chief admissions officer, received the 2018 Serpentine Society Outstanding Service Award. The Serpentine Society is an alumni association dedicated to connecting and advocating for LGBT alumni,

faculty and students. The organization established its Outstanding Service Award in 2005 to recognize individuals contributing to a more positive and supportive culture at the University for LGBT students and significant improvement in the lives of the LGBT community on Grounds. The Mayes Award, established in 1999, recognizes notable alumni and faculty “who have contributed positively to advancing LGBTQ causes with within the University community and beyond.” Maloney has served New York’s 18th District in Congress since 2013. He previously was a senior adviser in the White House during the Clinton administration and served as a senior staff member to two governors of New York. Today, he is a member of the U.S. House Agriculture Committee and the Transportation and Infrastructure Committee. Prior to becoming a representative, he helped found a software startup business. In 2018, he ran for New York state attorney general. He is New York’s first openly gay member of Congress. Faulk joined the Law School in 2009 as a director of admissions and was elevated to chief admissions officer in 2014. Before joining the Office of Admissions, he served as director of communications, media and research for UVA’s Center for Politics. He also has worked as an adjunct professor and pre-law adviser in the Virginia Tech Honors College, and as an editor and columnist for the Richmond Times-Dispatch. As a lawyer, he practiced with Baker Botts in Dallas and at Hunton & Williams in Washington, D.C. He previously served as a member of the Board of Visitors of Virginia Tech, on the Virginia Historical Society Board of Trustees, and was a founding board member of the Virginia Equality Bar Association. —Mike Fox

130 SPRING 2019 UVA LAWYER

tion. He and his wife, Susan, and daughters, Lillian and Charlotte, recently enjoyed a trip to New Mexico after a family wedding in Houston.

GERALD B. LEE’S

company, Modern Logistics, a rising Brazilian supply-chain solutions company, was recognized on the 2018 LinkedIn Top Startups List. The list honors the 25 most sought-after startups in Brazil. He was recently featured on the website Fast News Media.

JUSTIN SAVAGE was one of two Sidley Austin partners named Law360 MVPs for work in 2018. Savage, an environmental partner in Sidley’s Washington, D.C., office, received the award for several victories in 2018, including the resolution of a multibillion dollar problem for the wood products industry. Savage defends companies in high-profile environmental enforcement actions and investigations, litigates highprofile environmental regulations, and provides strategic counsel to companies and trade associations, particularly in the energy and auto sectors.

1998

KATHRYN “KATIE” SAURACK BARCROFT

joined the Solomon Law Firm in Albany, N.Y., as special counsel. The firm specializes in federal and state employment cases. Barcroft’s practice focuses on matters including workplace discrimination, retaliation, harassment and wrongful termination.

ANDREW LOHMANN

was elected executive vice president of Hirschler Fleischer in Richmond, Va. Lohmann is a partner and chair of the business section and chairs the mergers and acquisitions practice. His practice focuses principally on mergers and acquisitions, private equity, general corporate and commercial law, employment law, business formation and employee stock ownership plans.

VALERIE WAGNER LONG

of Williams Mullen in Charlottesville was recognized in Best Lawyers 2019 for real estate law.

experience representing developers, private landowners, businesses and owners’ associations with a variety of real estate projects.

1999

PIERRE BERGERON was

elected judge for Ohio’s Court of Appeals. Bergeron was previously a partner at Squire Patton Boggs in Cincinnati, where he chaired the appellate and Supreme Court practice. He has twice argued before the U.S. Supreme Court.

CARLOS M. BROWN is

SUSAN BAKER MANNING

has been named Morgan Lewis’ first senior pro bono trial lawyer and will lead high-level litigation on behalf of underrepresented and disenfranchised persons. Manning, an intellectual property litigator in the Washington, D.C., office, has dedicated thousands of hours to pro bono service throughout her career. She has made a meaningful impact on the protection of First Amendment, and human and civil rights, including by arguing on behalf of major corporations in an amicus brief to the U.S. Supreme Court in Obergefell v. Hodges that same-sex marriage discrimination adversely affects the business community.

LORI SCHWELLER

joined the finance and real estate section of Williams Mullen in Charlottesville in January. Schweller previously worked at LeClairRyan, and brings 18 years of

now senior vice president and general counsel of Dominion Energy in Richmond, Va.

ERIC MERRIAM married

Dr. Erica Mailler (Col ’00). Merriam teaches law and political science at the University of Central Florida. Mailler is a dermatologic surgeon. Together, they have three children.

For the second consecutive year, a medical malpractice case won by Gentry Locke partner ANTHONY M. RUSSELL

has been included in Virginia Lawyers Weekly’s Virginia’s Largest Verdicts survey. The Roanoke Circuit Court’s unanimous $1.5 million verdict decision in Alexander Nelson III v. Radiology Associates of Roanoke, P.C. tied for 13th on the 2018 list.

AMY TODD-GHER, a shareholder in Littler’s San Diego office, was honored with the 2019 International Law

CLASS NOTES

Office’s Client Choice Award as an exclusive winner in the employment and benefits category for the state of California. Todd-Gher is a litigator whose practice focuses on the defense of employers, from startup ventures to Fortune 500 companies.

Georgia Rep. BOB TRAMMELL was reelected as minority leader in the Georgia House of Representatives in 2018.

2000 JOHN F. FURNISS III, of Vorys, Sater, Seymour and Pease in Columbus, Ohio, was recognized in Best Lawyers 2019 in the area of trusts and estates law.

MGM RESORTS HIRES KLIAVKOFF ’93 AS PRESIDENT OF ENTERTAINMENT AND SPORTS GEORGE KLIAVKOFF ’93 joined MGM Resorts International

as president of entertainment and sports in October. Based in Las Vegas, he is responsible for the operations, finance, strategy, booking, marketing, sponsorships and ticketing for MGM Resorts’ theaters, showrooms and arenas, including T-Mobile Arena (home of the NHL Vegas Golden Knights), MGM Grand Garden, Mandalay Bay Events Center, the Mandalay Bay Beach, Park Theater, the Theater at MGM National Harbor and the MassMutual Center at MGM Springfield. “George is joining our company at an exciting time and will play a key role as we both build on existing successful partnerships as well as continue to expand our industry-leading sports and entertainment offerings,” MGM Resorts President Bill Hornbuckle said in a news release. “His innovative approach and knowledge in the entertainment and digital world will strengthen our reputation as a company that provides world-class experiences for our guests to enjoy.” Kliavkoff most recently served as the CEO of Jaunt Inc., a virtual reality company that worked with clients such as the NFL, NBA, MLB, Manchester United, Uber, Disney and others to develop immersive content technologies. He previously worked in executive roles with top media companies, including serving as co-president at Hearst Entertainment & Syndication, chief digital officer at NBC Universal and executive vice president of business for Major League Baseball Advanced Media. —Mike Fox

chair of the Santa Cruz County, Calif., board of supervisors.

Klepper was also recognized in Best Lawyers 2019 for insurance law.

GUNES HOPSON has joined Automattic Inc./WordPress.com as associate general counsel, working with PAUL SIEMINSKI ’02, the general counsel. She has also started her own travel blog: fotogenictravel.com. Hopson reported she had a chance encounter with Professor

2002 PAUL DELANEY joined

A. E. DICK HOWARD ’61

at Bodo’s Bagels on the Corner when she was visiting Grounds with her family in November. Hopson said Howard remembered her as a student and that he complimented her 7-year-old son regarding his Wahoo gear.

AMY ASHTON SHAW has

been elected to partnership with Griffin Fletcher & Herndon. Shaw represents clients in connection with all phases of commercial real estate acquisitions and sales, including due diligence, financing and closing. She also focuses her practice on commercial leasing, construction, development, entity formation and general corporate matters, and frequently serves as state counsel for large multistate financing transactions and acquisitions.

2001

RYAN COONERTY is the

founder and host of a new podcast called “An Honorable Profession” that profiles state and local leaders who are rising stars in American politics. Coonerty is the

STEVEN M. KLEPPER

has been awarded the 2018 Tip the Scales of Justice Award from the Domestic Violence Legal Empowerment and Advocacy Project, a nonprofit dedicated to providing justice to victims of domestic abuse. Klepper was selected for the award for his exceptional pro bono appellate advocacy on behalf of survivors of domestic violence in two cases before the District of Columbia Court of Appeals. Klepper authored amicus curiae briefs on behalf of DV LEAP in an appeal regarding the interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act of 2000, and on behalf of the Network for Victim Recovery of D.C. in an appeal addressing the standard for civil protective orders under the Intrafamily Offenses Act.

Business Roundtable as vice president for trade and international in November. The CEO organization’s hiring announcement highlighted that “Paul joins Business Roundtable at a very important time for our organization and for U.S. international trade relations.” Business Roundtable President and CEO Joshua Bolten said that “Paul’s extensive knowledge and professional experience in both the public and private sectors will bring significant value to our trade policy and advocacy efforts. We are excited to have him as part of the Business Roundtable team as we continue working to advance a U.S. trade agenda that bolsters job creation and economic growth for America’s businesses and workers.” DeLaney had most recently helped lead the Kyle House Group, a business and nonprofit consulting and advisory firm.

AFI JOHNSON-PARRIS, a board-certified family law specialist with Ward Black in Greensboro, N.C., was named to the 2019 North Carolina Super Lawyers listing. Ward Black is one of the largest womanowned law firms in North Carolina.

JAMES L. MITCHELL was

elected to the Alabama Supreme Court in 2018.

UVA LAWYER SPRING 2019 131

CLASS NOTES

2003

MICHAEL H. DORE

was elected a partner with Gibson, Dunn & Crutcher in Los Angeles. A former federal prosecutor, Dore focuses his practice on complex commercial litigation matters, particularly law firm defense and media and entertainment litigation, as well as whitecollar criminal defense matters and internal investigations.

2004 CHRIS RICHARDSON has

joined White & Case as a founding partner of the firm’s newest office in Houston. The office focuses on energy transactions and projects on a global basis. Richardson was previously a partner at Andrews Kurth in Houston and, prior to that, East general counsel of Mubadala Petroleum in Abu Dhabi. STEVE TREDENNICK ’97 and

ALEXANDER “ALLIE” POWELL and his wife,

Hadley, welcomed their first child on Sept. 12, a daughter named Garrett Schiefflin Powell. Powell also started his own firm, Page + Powell, which focuses on trusts and estates, and art law, in Boston.

CRAIG M. WARNER was

elected to partner at Bell Nunnally in Dallas. Warner is a member of the firm’s litigation and white-collar criminal and regulatory defense practices group, focusing on financial and business disputes, as well as criminal matters, including conspiracy, fraud, bribery, money laundering, forfeiture of property and misappropriation. Since 2015, Warner has served as a deputy staff judge advocate in the Texas Army National Guard.

2005 JAMES KRASKA LL.M.,

JUSTIN SYNHORST ’16

S.J.D. ’10 is the Charles

also have joined the Houston office. Richardson writes that he “hopes to add other UVA graduates to our ranks as we continue to expand.”

H. Stockton Professor of International Maritime Law in the Stockton Center for International Law at the U.S. Naval War College in Newport, R.I. In 201718, he served as a visiting professor of law and John Harvey Gregory Lecturer on World Organization at Harvard Law School, where he taught International Law of the Sea.

Justice ROBERT H. EDMUNDS JR. LL.M. re-

ceived the Chief Justice’s Professionalism Award from the North Carolina Chief Justice’s Commission on Professionalism. Edmunds was presented with the award in recognition of his contributions to the legal community and demonstration of the highest commitment to professionalism and legal ethics. He is counsel with Fox Rothschild in Greensboro, N.C.

2006 HETAL J. DOSHI has re-

ceived the 2018 Richard Marden Davis Award, recognizing her outstanding service to the legal community, along with her civic and charitable leadership. The

132 SPRING 2019 UVA LAWYER

CIOLFI ’03 TAKES REINS AT LEGAL AID JUSTICE CENTER ANGELA CIOLFI ’03, a champion for the rights of the indigent and a lecturer at the Law

School, is the new executive director of the Legal Aid Justice Center. Ciolfi, who assumed her new role in December, was formerly LAJC’s director of litigation and advocacy. She succeeded MARY BAUER ’90, who recently returned to the Southern Poverty Law Center to lead its Immigrant Justice Project as deputy legal director. “LAJC has become a real juggernaut of justice, thanks to the extraordinary efforts of its staff, past and present,” Ciolfi said. “I see our unique partnership with the Law School as part of the secret to our success, and I look forward to continuing to work with students and faculty to fight systems that perpetuate poverty and racial injustice.” The nonprofit center, which began in Charlottesville more than 50 years ago as a venture spurred by UVA Law students, is dedicated to serving the legal needs of low-income Virginians through individual representation, group and class litigation, community organizing, policy advocacy and media relations. LAJC is a hub for UVA Law students who volunteer pro bono on a range of projects. The center’s attorneys lead or co-teach several of UVA Law’s clinics and supervise student volunteers. Ciolfi, who has led the Child Advocacy Clinic in the past, helped start the Consumer Law Clinic and the new Civil Rights Clinic, which launched in the spring. Ciolfi previously served as legal director of JustChildren, an LAJC program that focuses on improving Virginia’s public education, juvenile justice and foster care systems. Her work for the program earned her the Oliver White Hill Award from the Virginia State Bar in 2003 as a student and the Child Advocacy Award from the American Bar Association’s Young Lawyers Division in 2010. Ciolfi received the 2017 Virginia Legal Aid Award by the Virginia State Bar Access to Legal Services Committee for her work advocating for children’s issues throughout the commonwealth. Her recent work includes advocating against Virginia’s practice of suspending driver’s licenses when residents owe court fines they cannot afford to pay. She has also litigated significant cases in the Supreme Court of Virginia and the Fourth U.S. Circuit Court of Appeals. Her successful fight in 2012-14 to require public schools to publish suspension and expulsion data broken down by race, gender and disability and roll back zero-tolerance laws set the stage for much of LAJC’s school-to-prison pipeline work since then, according to the center’s press release. —Mary Wood

CLASS NOTES

Davis Award is presented annually “to a Denver lawyer who is 40 years old or younger and combines excellence as a lawyer with civic, cultural, educational and charitable leadership.” Doshi is an assistant U.S. attorney in the Economic Crimes Section of the Criminal Division of the U.S. Attorney’s Office for the District of Colorado.

TIFFANY GRAVES was recognized as one of Mississippi’s most progressive young professionals in the 2019 Young, Gifted & Empowered Award bestowed by Savvy Lifestyle magazine. Graves serves as Bradley Arant Boult Cummings’ pro bono counsel, where she oversees the development and administration of the firm’s pro bono programs. Prior to joining Bradley, Graves was the executive director of the Mississippi Access to Justice Commission, where she led a 21-member commission created by the Mississippi Supreme Court and promoted its initiatives to improve and expand access to civil justice to the nearly 700,000 Mississippians living in poverty.

XAVIER KOWALSKI

was elected to partner in the mergers and acquisitions/ securities group with Schulte Roth & Zabel in New York. Kowalski represents issuers, sponsors and investment banks in initial public offerings, high-yield financings, equitylinked financings, and other domestic and international capital markets transactions.

RAQIYYAH PIPPINS was

promoted to partner at Arnold & Porter in Washington, D.C. Pippins focuses her practice in the areas of Food and Drug

Administration’s regulation of food, dietary supplement, cosmetic, drug and medical-device products sold directly to consumers, as well as Federal Trade Commission and state regulation of the marketing and sale of consumer products.

DANIELLE SLOANE and her husband, Andrew, welcomed their son Peter into the world last June. “Aurelia and Henry are over the moon to have a younger brother,” they report.

JAMIE TABB was promoted to partner with Vinson & Elkins in Washington, D.C. Tabb’s practice focuses on government contracts counseling and litigation. His experience includes litigating bid protests at the Government Accountability Office and Court of Federal Claims, filing claims and prosecuting appeals at the Boards of Contract Appeals and COFC, and responding to government investigations and present responsibility inquiries.

2007

Brooks Pierce partner JOSEPH PONZI was awarded the North Carolina Pediatric Society 2018 Good for Kids Award. The award is given to an individual or organization who initiates or participates in a community or statewide effort to improve the quality of life for children. Ponzi represented NC Peds, along with several North Carolina primary care practices, in litigation against the North Carolina Division of Medical Assistance. Ponzi argued that for two years the DMA underpaid North Carolina pediatricians and other primary care providers who administered vaccines under the Vaccines for Children Program, a federal program that ensures vaccines are available to all children regardless of ability to pay. The court ruled that the DMA must now correct the underpayment for every affected provider in the state. Ponzi represents clients in health care litigation, including Medicaid waiver disputes with local management entities and managed care organizations, and licensing and penalty disputes with the Department of Health and Human Services.

MELANIE WILSON RUGHANI was selected as

JAMIESON L. GREER is

the chief of staff to the U.S. trade representative, Ambassador Robert E. Lighthizer. Lighthizer is the member of the president’s cabinet responsible for U.S. trade relations.

secretary of the Appellate Practice section of the Oklahoma Bar Association for 2019. Rughani practices with Crowe & Dunlevy in Oklahoma City and is co-chair of both the appellate and initiative petitions practice groups. She is one of only a handful of attorneys in the state who has substantial experience with initiative and referendum petitions, having represented both

JOSEPH C. VENTURA ’03 RISES TO GENERAL COUNSEL AT HUMANA JOSEPH C. VENTURA ’03 was promoted in January to general

counsel of Humana, one of the nation’s largest health insurers. Ventura joined the legal department of the Louisville, Ky., health insurance company 10 years ago and has since served as senior vice president, associate general counsel and corporate secretary, and has worked directly with the company’s board of directors on significant mergers and acquisitions and securities law matters. He also led the law department’s corporate group. In his new role at Humana, Ventura will serve on the company’s management team. “Joe is a seasoned corporate and M&A legal strategist whose central involvement in our strategic acquisitions has afforded him a broad enterprise view of Humana’s business, including strategic litigation, enterprise risk issues, and a broad range of regulatory and public affairs matters,” Humana President and CEO Bruce Broussard said in a press release. “His ability to communicate and collaborate effectively across the organization has made him a highly sought advisor by the senior leadership team.” Prior to joining Humana, Ventura was an associate in the New York office of Alston & Bird, concentrating his practice in securities regulation and compliance, mergers and acquisitions, including domestic/cross-border and public/private business combinations, as well as Sarbanes-Oxley Act compliance and other corporate governance matters. Ventura received his bachelor’s degree in political science and international relations from the University of Richmond. —Mike Fox

UVA LAWYER SPRING 2019 133

CLASS NOTES

proponents and challengers at all stages of the complex petition process.

2008

LOCKE BEATTY was elected a partner with McGuireWoods in Charlotte, N.C. Beatty advises financial institutions on mortgage-related class actions and other litigation, and defends claims under the Fair Debt Collection Practices Act, Truth in Lending Act and other consumer protection statutes.

SHAWN T. COBB was

promoted to counsel with Latham & Watkins in San Diego. Cobb is a member of the environment, land and resources department and concentrates his practices on complex commercial litigation.

with McGuireWoods in Richmond. Lowery represents clients in high-tech areas such as wireless technology, biomedical devices and semiconductor design. His patent litigation experience includes taking multiple cases through trial in district courts and at the U.S. International Trade Commission.

TIMOTHY H. MCCARTEN

was promoted to counsel with Latham & Watkins in Washington, D.C. McCarten is a member of the litigation and trial department and advises companies and senior executives on a range of matters, with an emphasis on white-collar criminal defense and crossborder investigations involving the U.S. Department of Justice and other federal and state authorities and regulators.

REBECCA IVEY joined

Williams Mullen as a partner in the health care section in Richmond, Va. Ivey has extensive experience representing hospitals and other health care providers in regulatory matters, including compliance with state and federal health care laws such as Stark, AntiKickback and HIPAA.

JUSTIN R. LOWERY

was elected a partner

ALEC ZADEK was recognized among Boston Business Journal’s 40 Under 40 for 2018. Zadek is a member in Mintz Levin’s commercial litigation group. He has significant experience advising directors, officers, members, managers and shareholders of closely held businesses regarding their fiduciary duties, corporate governance, and indemnification rights and responsibilities. Zadek is also known in the Boston area for his pro bono work, which focuses primarily on representing survivors of sex trafficking

134 SPRING 2019 UVA LAWYER

and domestic violence and raising awareness of legal issues impacting survivors of human trafficking. He is the founder and co-chair of the Boston Bar Association’s committee on human trafficking. His work on behalf of sextrafficking survivors includes assisting survivors to vacate prostitution-related convictions, dismissing and sealing prostitution-related charges, obtaining asylum and lawful permanent resident status, and cooperating with law enforcement. Most recently, Zadek co-authored legislation to help streamline the procedure for Massachusetts sex trafficking survivors to obtain post-conviction relief, which went into effect in July 2018.

matters involving class actions, business and contract disputes, trade secret disputes, bankruptcy-related litigation, cybersecurity and the False Claims Act, among other areas.

BRYAN STARRETT

SCOTT KELLY was

2009

of Brooks Pierce in Greensboro, N.C., was recognized in Business North Carolina’s “legal elite” for employment and also as a “young gun.”

elected a principal shareholder at Banner & Witcoff in Washington, D.C. Kelly represents clients throughout the life of an invention, from the birth of an idea through procuring a patent and enforcing it to protect key technologies and business interests. His practice is focused on intellectual property issues relating to a wide range of computer software, networking and business methods. Prior to joining the firm, Kelly was an examiner with the U.S. Patent and Trademark Office.

DEREK N. LACARRUBBA

was promoted to special counsel in the broker-dealer regulatory and enforcement group at Schulte Roth & Zabel in New York. Lacarrubba advises broker-dealers and alternative trading systems on Securities and Exchange Commission and self-regulatory organization rules, and represents them in regulatory investigations and enforcement actions.

CHRISTIE KEIFER BORTON

was promoted to shareholder with Maynard Cooper in Birmingham, Ala. A member of the real estate practice, she primarily focuses on commercial real estate transactions, including all aspects of the representation of buyers, sellers, developers and investors in the acquisition, development and disposition of real property located both within and outside the state of Alabama.

LAUREN E. PAUL was

promoted to counsel with Latham & Watkins in Los Angeles. Paul is a member of the environment, land and resources department who focuses her practice on land use, environmental and real estate development matters.

DANA WEEKES started a new role as managing director at Arnold & Porter Kaye Scholer in Washington, D.C.

ELIZABETH (STUDDARD) MARK A. HILLER is a

shareholder with Robinson Bradshaw in Charlotte, N.C. Hiller represents and advises clients on significant

WHITE joined Pope McGlamry in Atlanta, after five years with the Georgia Attorney General’s Office. She represents

whistleblowers in cases brought under the False Claims Act. While at the attorney general’s office, White received the Department of Health and Human Services’ Office of Inspector General’s Cooperative Achievement Award and the Northern District of Georgia U.S. Attorney’s Award for Excellence. White and her husband, Rick, live in Atlanta with their daughter and son.

2010

CASEY ERIN LUCIER

was elected to partner with McGuireWoods in Richmond, Va. Lucier represents companies and individuals in antitrust litigation and investigations, government and internal investigations, and commercial litigation. She counsels clients on the

risks of criminal prosecution and regulatory enforcement actions.

STEPHEN W. MURPHY

was elected to partner with McGuireWoods in Charlottesville. Murphy advises individuals on estate plans and the transfer and management of real estate and closely held businesses. He also represents individual fiduciaries, banks and trust companies on the administration of trusts and estates.

BRIAN D. SCHMALZBACH

was elected to partner with McGuireWoods in Richmond, Va. Schmalzbach concentrates on appellate litigation, patent litigation, class certification disputes, high-stakes dispositive motions in trial courts and strategic analysis for clients.

BRYCE K. SCHUNKE was promoted to counsel with Latham & Watkins in New York. Schunke, a member of the finance department, advises financial institutions and corporate borrowers on a wide range of investment-grade and leveraged-finance transactions, with a particular focus on acquisition financings and crossborder transactions.

CLASS NOTES DANIEL R. SULLIVAN, a partner with Gentry Locke in Roanoke, was recognized as an “Up & Coming Lawyer” by the Virginia Lawyers Media Leaders in Law program for 2018. As part of the business litigation team, Sullivan’s work extends across several different litigation practice groups, and his experience includes business, insurance, product liability and professional liability lawsuits.

Goel’s work focuses on telecom and litigation and investigations. Goel helps companies shape and navigate the rules, regulations and judicial decisions that comprise telecom and technology policy in the U.S.

2011

welcomed Evelyn Marie in August. Mary writes, “She is a mystery and a delight. We look forward to introducing her to our classmates at our 10th reunion, if not sooner!”

ANDREW PENMAN was promoted to special counsel in the tax department of Fried, Frank, Harris, Shriver & Jacobson in New York.

2012 LUCAS E. BEIRNE was promoted to counsel at the Federal Reserve Board.

DANIEL and MARY ROBINSON HERVIG

W. HALL CARTER JR.

of Sands Anderson in Richmond was named to Virginia Business magazine’s 2018 Virginia Legal Elite in the area of taxes, estates, trusts and elder law.

NOAH M. GALTON was elected to partner with Jackson Walker in Austin, Texas. Galton focuses on commercial litigation, including eminent domain, real estate litigation, litigating issues surrounding governmental/ sovereign immunity, and general business litigation.

NATHAN LUCE joined

Stoel Rives in Seattle. Luce represents buyers, sellers and lenders in real estate acquisition, disposition, development and financing of commercial, retail and multifamily development projects. He also represents landlords and tenants in the drafting and review of property leases for a wide variety of commercial projects, such as office buildings and shopping centers.

MATTHEW GAMBALE

was recognized as a 2019 North Carolina Rising Star in civil litigation (defense) in Super Lawyers. Gambale practices with Cranfill Sumner & Hartzog in Wilmington, N.C.

SHIVA GOEL has

been promoted to partner with Harris, Wiltshire & Grannis in Washington, D.C.

ELIZABETH MORALES

is a shareholder with Robinson Bradshaw in Charlotte, N.C. Morales represents privately held companies, private equity funds and their portfolio companies, and lenders and borrowers in financing transactions.

group of Morritt Hock & Hamroff in New York City.

ANDREW BENTZ joined

Wyche as a litigation associate in Columbia, S.C. From 201415, Bentz served as a clerk to U.S. Supreme Court Justice Anthony M. Kennedy. Most recently, he worked at Jones Day in Washington, D.C., in the firm’s issues and appeals practice. Bentz joins an established bench of three other former Supreme Court clerks, one of whom is HENRY PARR ’76, who served as a clerk to Chief Justice Warren Burger.

2013

joined LeClairRyan as an associate in their Alexandria, Va., office. He represents individuals and corporations in complex criminal, civil and administrative matters, with a focus on white-collar criminal defense. He also continues to support legal aid in the region as a member of the Young Lawyers Network Leadership Council of the D.C. Bar Foundation.

JONATHAN URICK is senior counsel for litigation at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce in Washington, D.C.

joined the Charleston, S.C., office of K&L Gates. Musselman practices in the firm’s complex commercial litigation and disputes practice group. She previously worked at a firm in Washington, D.C., where she conducted complex Foreign Corrupt Practices Act, False Claims Act and health care investigations.

On May 2, 2018, SIMON and FRANCESCA “CHESSIE” CATALDO

the litigation practice

J. KAIN DAY is an

associate in Fish & Richardson’s Silicon Valley, Calif., office. He maintains a broad practice, focusing on commercial, trade secret and patent litigation matters.

ZACHARY GOOZEE

joined Maynard Cooper’s corporate section in the mergers and acquisitions, emerging businesses and private equity practice groups in Birmingham, Ala.

CLINT R. SOUTH was

a law clerk to federal judges at the trial and appellate levels, and a litigation associate in Atlanta before joining Lightfoot, Franklin & White in Birmingham, Ala., last fall.

2015

KATHERINE A. MOLES

joined Robinson Bradshaw in Charlotte, N.C.

SARAH DALEY joined

the intellectual property group in Maynard Cooper’s Birmingham, Ala. office. Previously, Daley worked as a law clerk in the U.S. District Court for the Southern District of Mississippi, and in the Ofﬁce of the Attorney General in both Mississippi and Virginia.

BROCK PHILLIPS

joined the labor and employment practice group in Maynard Cooper’s Birmingham, Ala., office.

CHERYL WANG is an associate in Fish & Richardson’s San Diego office. Her intellectual property litigation practice spans a wide range of technology, including pharmaceuticals, biotechnology, software and medical devices.

LAURA MUSSELMAN

2014 ALEX D. COREY joined

2018

CHRISTOPHER HATFIELD

CAROLYN H. KENDALL

has been appointed co-chair of the mentoring program of the Women’s White Collar Defense Association’s Philadelphia Chapter. Kendall is a senior associate at Post & Schell in Philadelphia, where her practice focuses on white-collar criminal defense and internal investigations.

ANNALISE PETERS was named an assistant U.S. attorney for the Northern District of Georgia in the criminal division. She came from Alston & Bird’s litigation and trial practice group in Atlanta.

welcomed their first child, Giovanni Henry Cataldo.

LAUREN MCFADDEN

joined the Charleston, S.C., office of K&L Gates. McFadden practices in the firm’s corporate/mergers and acquisitions practice. She previously worked as an associate in the finance group of a global law firm in New York, where her practice focused on international capital markets and banking transactions.

UVA LAWYER SPRING 2019 135

ALUMNI BOOKS

ALUMNI BOOKS NON FICTION

136 UVA LAWYER SPRING 2019

FIRST SANDRA DAY O’CONNOR EVAN THOMAS ’77 RANDOM HOUSE

In the fall, retired Justice Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, revealed she is suffering from the beginning stages of dementia. In the wake of that sad news comes a new biography on O’Connor’s life, “First” by Evan Thomas ’77, that documents the impact of her career. A former journalist with Time and Newsweek, Thomas is the author of nine books on historical figures and events. Thomas’ research for “First” includes direct interviews with O’Connor supplemented by often exclusive conversations with those who have known her best—former clerks, family and friends. Thomas also references the justice’s trove of internal records of the court. The book covers O’Connor’s early life experiences growing up on a ranch, her education at Stanford, her time as the first female majority leader of Arizona (and of any state), her service on the Arizona Court of Appeals, and her appointment in 1981 by President Ronald Reagan to the high court, in addition to her nearly 25 years deliberating there. One scoop Thomas got while researching the book was that Chief Justice William Rehnquist had asked O’Connor to marry him when the two attended Stanford. She ended up marrying John O’Connor instead, and the proposal stayed private as she and Rehnquist ascended to the court. Thomas doesn’t shy away from other revelations, either. “Readers will appreciate the gossipy intrigues of the Supreme Court, including the mutual dislike between O’Connor and [former UVA Law professor] Antonin Scalia that was kept under a lid at work, but became obvious during a doubles tennis match,” a writeup in Publisher’s Weekly notes. Thomas is also the author of a 2000 biography about ROBERT F. KENNEDY ’51, the former senator and attorney general.

100 CHANGE AGENTS

THREE SHEETS TO THE WIND THE NAUTICAL ORIGINS OF EVERYDAY EXPRESSIONS CYNTHIA BARRETT ’82 LYONS PRESS

The origins of a remarkable number of everyday words and phrases are anchored in our seafaring past. “Three Sheets to the Wind” is a compilation revealing the maritime roots of common English expressions. The perfect companion for etymology lovers, fact-o-philes, ocean dreamers and the conversationally curious, the book features more than 180 words that are nautically inspired. Alphabetically organized (from “A to Sea”), the book features 100 original illustrations as well as relevant excerpts from the great novels of Herman Melville, C.S. Forester, Patrick O’Brian and others.

THE FUTURE OF TECH IS FEMALE HOW TO ACHIEVE GENDER DIVERSITY DOUGLAS M. BRANSON ’74 NYU PRESS

The tech industry continues to see rapid growth, employing millions of people, and in the U.S., it is at the epicenter of the American economy. Yet only 5 percent of senior executives in the industry are female. Tech companies

ALUMNI BOOKS

are plagued by salary discrepancies, and face high-profile claims of harassment and discrimination. What can be done to fix it? This book considers the paradoxes involved in women’s ascent to leadership roles, suggesting industry-wide solutions to combat gender inequality.

loss in 2016, but Reston argues the party has lost its soul and has abandoned a unifying, idealistic message. Instead of crafting policies and platforms that appeal to the nation as a whole, he says, Democrats target specific blocs of voters and change their talking points accordingly. The book covers the history of the party with thumbnail portraits of its most important figures, illuminating the core ideals and principles they fought for, and suggesting how modern Democrats can learn from their own past.

erary quotes from the collection of more than 1,500 well-read books on his shelves—but this isn’t your typical rehashing of Bartlett’s quotations. He introduces each quote with a touch of his own introspection and insight.

LONG ROAD TO MERCY DAVID BALDACCI ’86 GRAND CENTRAL PUBLISHINGS

ANOTHER FIVE BIG MOUNTAINS AND TREKS A REGULAR GUY’S GUIDE TO CLIMBING MT. RAINIER, EVEREST BASE CAMP, MT. FUJI, THE INCA TRAIL/ MACHU PICCHU, AND CHO OYU

MAKING GOD SMILE KIM TAYLOR HENRY ’77 WORTHY

This devotional aims to change readers’ hearts, minds and actions through sharpening their focus on living out the fruit of the spirit every day. The book leads readers on a yearlong journey of aligning actions to intentions by including encouragement, reminders, practical tips, personal and inspiring stories, scriptural insight, and biblical teaching that will show how to reflect love, joy, peace, patience, kindness, goodness, gentleness, faithfulness and self-control.

DAVID N. SCHAEFFER ’81 MERCER UNIVERSITY PRESSS

MILITARY COURT RULES OF THE UNITED STATES PROCEDURE, CITATION, PROFESSIONAL RESPONSIBILITY, CIVILITY, AND JUDICIAL CONDUCT FRANKLIN D. ROSENBLATT ’06 AND EUGENE R. FIDELL LEXISNEXIS

This book collects the military justice system’s court rules in a single volume and supplements the rules themselves with brief essays by some of the most provocative thinkers in their respective areas of expertise.

FICTION

This firsthand account of the trials and tribulations of climbing five well-known mountains or trails is told from the perspective of a middleaged, “regular guy” who has survived cancer and has kept on climbing. Schaeffer recounts the everyday challenges of training, traveling and attempting to keep up with younger climbers and professional guides, as he scales Mount Rainier in Washington state, Mount Fuji in Japan, and Cho Oyu in Western China, and completes strenuous treks to Everest base camp and Machu Picchu. Along the way, the author discusses the frustrations of climbs interrupted by snowstorms and avalanches, and the glories of reaching the summits.

Eeny, meeny, miny, moe. Catch a tiger by its toe. It’s seared into Atlee Pine’s memory: the kidnapper’s chilling rhyme as he chose between 6-year-old Atlee and her twin sister, Mercy. Mercy was taken. Atlee was spared. Three decades after that terrifying night, Pine works for the FBI. When a tourist goes missing in the Grand Canyon, Pine is called in to investigate. It soon seems clear the lost tourist had something more clandestine than sightseeing in mind. Just as Pine begins to put together clues pointing to a terrifying plot, she’s abruptly called off the case. If she disobeys direct orders by continuing to search for the missing man, it will mean the end of her career. But unless Pine keeps working the case and discovers the truth, it could spell the very end of democracy in America as we know it.

SOUL OF A DEMOCRAT THE SEVEN CORE IDEALS THAT MADE OUR PARTY— AND OUR COUNTRY—GREAT

ROSS’S PERSONAL DISCOVERIES

THOMAS B. RESTON ’74

PERSONAL RELATIONS: THE GOOD, BAD, & UGLY

ST. MARTIN’S PRESS/ALL POINTS BOOKS

Countless explanations and excuses have been offered for the Democratic electoral

MICHAEL ROSS ’77 RARE PRESS

Passionate bibliophile Michael Ross has curated 106 favorite lit-

BLOOD OATH LINDA FAIRSTEIN ’72 DUTTON

Assistant District Attorney Alexandra Cooper

of the Manhattan Sex Crimes Unit is back at work following a leave of absence, and not a moment too soon. With more women feeling empowered to name their abusers, Cooper is eager to return to the courtroom to do what she does best. But even she can’t anticipate the complexity of her first case when she meets Lucy, a young woman who testified years earlier at a landmark federal trial—and now reveals that she was sexually assaulted by a prominent official during that time. Yet Lucy’s isn’t the only secret Cooper must uncover, with rumors swirling about one colleague’s abusive conduct behind closed doors and another’s violent, mysterious collapse. As the seemingly disparate cases start to intertwine, Cooper, along with NYPD Detectives Mike Chapman and Mercer Wallace, find themselves in uncharted territory.

the health of his law firm’s most famous client is deteriorating rapidly. While there he becomes smitten with a model working for Windsor’s son, an artist of lesser stature. When Andrew Windsor finally dies, a will contest ensues. At Andrew’s request, Montgomery had cut Andrew’s wife and son out of the will, and they challenge the will in court. Instructed by his law firm to defend the will, Montgomery has some further investigating to do before he can—investigating that reveals more than he ever wanted to know about the woman he has come to love, and about himself.

POETRY

HAIKUISH CATS AND OTHER CRITTERS JAYSON AMSTER ’68 CREATESPACE

THE ART OF THE LAW SCOTT DOUGLAS GERBER ’86 ANAPHORA LITERARY PRESS

Nevin Montgomery, a young lawyer with a prestigious Boston law firm, is dispatched to the Cape Cod compound of Andrew Windsor, the most acclaimed artist in America, to update Windsor’s will. Montgomery arrives to the news that a woman who had secretly modeled for Windsor for decades has been found dead. Montgomery, who is battling a hidden drug addiction, is asked to remain at the Windsor compound to complete his assignment because 100 CHANGE AGENTS

These poetic meditations on cats and other critters, concisely presented, are sometimes ironic or humorous. With fun illustrations, the book is intended for an adult audience but accessible to youngsters as well. Light reflections on life, death, love and loss are wrapped tightly throughout.

SPRING 2019 UVA LAWYER 137

CLASS NOTES

IN MEMORIAM

138 UVA SPRING LAWYER 2019 UVA SPRING LAWYER 2019

IN CLASS MEMORIAM NOTES

Robert C. Nusbaum ’48

Talmage N. Cooley ’60

David R. Almond ’67

Patricia R. Davis ’79

NORFOLK, VA.

MITCHELLS, VA.

RANCHO MIRAGE, CALIF.

ARLINGTON, VA.

Oct. 31, 2018

Aug. 24, 2018

Oct. 9, 2018

Sept. 12, 2018

William H. Sager ’48

David M. Lewis Jr. ’61

William L. Burke ’67

Matthew J. Verschelden ’80

ROCKVILLE, MD.

RALEIGH, N.C.

PALM BEACH, FLA.

FAIRWAY, KAN.

Jan. 12, 2019

Aug. 30, 2018

Sept. 12, 2018

Oct. 6, 2018

George R. Langford ’49

James G. Apple ’62

David W. Dumas ’67

Jon B. McPhail ’82

TALLAHASSEE, FLA.

LOUISVILLE, KY.

CRANSTON, R.I.

ALPHARETTA, GA.

Jan. 3, 2019

Jan. 22, 2019

Nov. 27, 2018

Jan. 2, 2019

Atley A. Kitchings Jr. ’50

J. Brooks Buxton ’62

Earl S. Eichin Jr. ’69

Lawrence A. Grey LL.M. ’86

BIRMINGHAM, ALA.

NEW YORK

NEW ORLEANS

MANSFIELD, OHIO

Oct. 4, 2018

July 9, 2018

Jan. 6, 2017

Nov. 2, 2018

William B. Lucas ’50

David C. Dorset ’62

Donald S. Mackay LL.M. ’69

Veronica M. Kelly ’89

RALEIGH, N.C.

ORLANDO, FLA.

EDINBURGH, SCOTLAND

PITTSBURGH

Nov. 29, 2018

Jan. 30, 2019

Aug. 21, 2018

July 6, 2018

Philip M. Drake ’51

Richard F. Jacobson ’62 FAIRFIELD, CONN.

Jan. 25, 2019

Dec. 5, 2018

Eugene Moore Anderson Jr. LL.M. ’70

Pascal F. Calogero Jr. LL.M. ’92

MARION, MASS.

DAVIDSON, N.C.

NEW ORLEANS

Dec. 20, 2018

Jan. 16, 2019

James W. Riddell ’51

Lee C. Kitchin ’62

FALLS CHURCH, VA.

NORFOLK, VA.

Sept. 5, 2018

Sept. 16, 2018

Robert W. Benjamin ’70 SARASOTA, FLA.

Louis A. Zayas ’93 WEEHAWKEN, N.J.

Nov. 18, 2018

Oct. 2, 2018

J. Warren Stephens ’51

Michael A. Bander ’63

RICHMOND, VA.

CORAL GABLES, FLA.

Dec. 1, 2018

Sept. 16, 2018

Ralph L. Feil ’70 CHARLOTTESVILLE

Kristen D. Hofheimer ’99 VIRGINIA BEACH, VA.

Jan. 18, 2019

Jan. 27, 2019

Melvin Friedman ’52

Lester L. Cooper Jr. ’63

VIRGINIA BEACH, VA.

CHARLOTTESVILLE

Oct. 1, 2018

Dec. 16, 2018

E. Early Muntzing ’70 ATLANTA

B. Cameron Schladenhauffen ’15 NEW YORK

Feb. 8, 2019

Dec. 5, 2018

Christopher B. Acker ’53

Edmund T. DeJarnette Jr. ’63

LAFAYETTE HILL, PA.

ASHLAND, VA.

Sept. 17, 2018

April 6, 2015

Douglas D. Drysdale ’53

Guy H. Lewis III ’63

CHARLOTTESVILLE

FAIRFAX, VA.

Nov. 27, 2018

Jan. 9, 2019

Daniel Rosenbloom ’54

William G. Vance ’63

David P. Bobzien ’71 RESTON, VA.

Dec. 30, 2018

Emmett R. Costich ’71 ROCKVILLE, MD.

Feb. 1, 2019 NEW YORK

ATLANTA, GA.

Nov. 29, 2018

Sept. 13, 2018

Yvonne Lawrence ’56

Jefferson D. Kirby III ’64

Robert H. Nothstein ’71 STROUDSBURG, PA.

Sept. 9, 2018 NEW YORK

PAWLEYS ISLAND, S.C.

March 20, 2016

Dec. 10, 2018

Lawrence M. Philips ’57

Robert W. Nuckles ’64

NEW YORK

HAMPTON, VA.

Feb. 7, 2019

Sept. 2, 2018

Albert R. Santopietro ’72 WAKEFIELD, R.I.

June 19, 2016

Lawrence L. Thompson ’72 ATLANTA

March 2, 2018

Bruce C. Williams ’58

Phillip A. Watson ’65

MILLERSVILLE, MD.

NEW YORK

Nov. 18, 2018

Dec. 8, 2018

Charles E. Mosher ’59

Chiswell D. Langhorne Jr. ’66

STAMFORD, CONN.

WASHINGTON, D.C.

Feb. 9, 2019

Oct. 12, 2018

Ronald T. Buckingham ’60

Guy F. Miller ’66

JACKSONVILLE, FLA.

ROSELAND, VA.

Sept. 11, 2018

Dec. 21, 2018

John J. Douglass LL.M. ’73 CHARLOTTESVILLE

Dec. 22, 2018

Clyde H. Sorrell ’76 GAITHERSBURG, MD.

Jan. 2, 2019

Thomas G. Duncan ’78 FAIRFAX, VA.

Jan. 16, 2019

UVA LAWYER SPRING 2019 139

THE LAST WORD

Liz Magill ’95

EXECUTIVE VICE PRESIDENT AND PROVOST-ELECT, UNIVERSITY OF VIRGINIA; FORMER DEAN, STANFORD LAW SCHOOL

WHAT DOES a university provost do? Provost is not a job that is self-defining. It is among the most varied jobs across academic institutions. And few people know what a provost actually does. The student newspaper at Stanford ran a story in 2016 with the headline, “So what is a provost, anyway?” But there are some core duties of provosts. At UVA and most places, a provost reports to the president and is the chief academic officer, working closely with deans and faculty leadership on advancing the teaching and research missions of the university.

I have learned a lot about being dean of a school, and the challenges and opportunities of that, as well as about the work of the other schools at Stanford, which I have found to be one of the joys of the job.

Who has been the most influential person in your life, and why? My parents. They taught me explicitly, but mostly by example, what is important in life—being good to others, not thinking too much about yourself, working hard and contributing wherever you can, and finding joy and fun, too.

What gets you out of bed in the morning?

What did you enjoy most about your law school days, as a student and as a professor?

My husband, Leon Szeptycki, usually brings me coffee. So, it’s coffee. I’m one lucky person.

The community—classmates and colleagues. And Charlottesville. We lived in the county, downtown and right across the street from Foods Of All Nations. I loved everywhere we lived.

What’s one big challenge facing UVA that you hope to address? UVA is an extraordinary institution. It is one of our country’s great public research universities, an institution I have enormous respect and admiration for, and I deeply believe in its missions of teaching, knowledge creation and service. There are always challenges, but I am mindful that I have the privilege of joining a university that is doing so many things well. 140 UVA LAWYER SPRING 2019

THE LAST WORD

What will you miss about Palo Alto? My many colleagues, and the beautiful coast.

What do you look forward to about returning to Charlottesville? Reconnecting, of course. But I am most excited about working with President Ryan and his team to make UVA the best it can be.

You have the last word, what do you want to say? Wahoowa!

ILLUSTRATION/ALEX FINE

What lessons will you bring from your time as dean of Stanford Law School?

UNIVERSITY OF VIRGINIA SCHOOL OF LAW PO BOX 400405 CHARLOTTESVILLE, VA 22904

NONPROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT NUMBER 164 CHARLOTTESVILLE, VA

ALUMNI EVENTS

Events

DEC. 5 CHARLOTTESVILLE

CONNECT WITH ALUMNI AT A RECEPTION NEAR YOU.

6-7:30 P.M. HOLIDAY RECEPTION

law.virginia.edu/alumni

JUNE 4 WASHINGTON, D.C.

JUNE 15 VIRGINIA BEACH

OCT. 23 HOUSTON

11:45 A.M. RECEPTION 12:15 P.M. LUNCH

8 A.M. BREAKFAST

6-7:30 P.M. RECEPTION

JUNE 5 PITTSBURGH

JUNE 18 COLUMBUS, OHIO

OCT. 24 CHICAGO

Location to be determined

JUNE 12 RICHMOND

JUNE 19Â CINCINNATI

6-7:30 P.M. RECEPTION

5:30 P.M. RECEPTION

JUNE 13 CLEVELAND

OCT. 17 NEW YORK CITY

6-7:30 P.M. IN THE READING ROOM

7-9 P.M. RECEPTION

The Willard

Jefferson Hotel

Union Club of Cleveland

Virginia State Bar Annual Meeting Four Seasons Hotel

The Queen City Club

Yale Club

Law Offices of McDermott Will & Emery The Greencroft Club

DEC. 12 WASHINGTON, D.C.

The Metropolitan Club 6:30-8:30 P.M. HOLIDAY RECEPTION

facebook.com/uvalaw youtube.com/uvalaw instagram.com/uvalaw twitter.com/uvalaw

DETAILS ARE FORTHCOMING ON RECEPTIONS IN BOSTON; CHARLOTTE, N.C.; PHOENIX; AND WILLIAMSBURG, VA.

580 Massie Road Charlottesville, Virginia 22903-1738 VOICE: 434.924.3466 TOLL-FREE: 877.307.0158 FAX: 434.296.4838