THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW
SPRING 2014
The Eastern and South-eastern breezes come on generally in the afternoon. They have advanced into the country very sensibly within the memory of people now living. They formerly did not penetrate far above Williamsburgh. They are now frequent at Richmond, and every now and then reach the mountains. They deposit most of their moisture however before they get that far. As the lands become more cleared, it is probable they will extend still further westward. —THOMAS JEFFERSON
UPCOMING ALUMNI EVENTS June 4
Washington, D.C. Luncheon
October 1
Mayflower Hotel June 12
Richmond Reception
Art Institute of Chicago October 8
Virginia Historical Society June 14
Virginia State Bar Breakfast,
Chicago Alumni Reception
Nashville Reception Offices of Bass, Berry & Sims
October 16
Virginia Beach
New York City Reception Terrace Club
Sheraton Oceanfront Hotel October 17 June 26
Florida State Bar Reception, Orlando
Philadelphia Luncheon Four Seasons Hotel
Gaylord Palms Resort and Convention Center
October 29
Houston Reception Four Seasons Hotel
August 22
Reception in conjunction with the Lavender Law Conference, NYC
October 30
Location TBD September 9
Charlottesville Reception
Belo Mansion December 3
Keswick Hall September 18
Dallas Luncheon
Boston Alumni Reception Omni Parker House
FOR LATEST ON ALUMNI EVENTS: www.law.virginia.edu/alumni
Washington, D.C. Holiday Reception Metropolitan Club
FROM THE DEAN PAUL G. MAHONEY …
Policy Implications of Climate Science
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ere you to poll my faculty colleagues about the policy implications of climate science, you would not surprisingly find diverse views. Projecting into the future is a complex and uncertain undertaking, making it difficult to assess the costs and risks of action or inaction. Making sense of imperfect and incomplete data is a constant challenge. But while academic researchers can wait to draw conclusions until we have adequate evidence, lawyers and clients do not have that luxury. They must anticipate and adapt to evolving regulations and even shape industry standards. Inside this edition of the UVA Lawyer, we hear from Bob Wyman ’80, who leads his firm’s response to the growing demand for advice on climate issues; Brad Keithley ’76, an energy consultant familiar with state and federal governments’ environmental initiatives; and Glenn Brace ’86, the claims director for a global specialty insurer that has formed an in-house climate study group. Several members of our faculty also have a great deal of experience and learning in this area. We conducted a roundtable discussion featuring three of our environmental law experts, Jon Cannon, Jason Johnston, and Michael Livermore. Each approaches the policy debate from a different perspective. Jon is a former general counsel of the EPA and has a wealth of institutional knowledge and a keen understanding of the promise and limitations of the regulatory process. Jason uses his considerable quantitative skills to dig deeply into the scientific literature on which policymakers rely and argues that regulators should be more willing to acknowledge the gaps in their knowledge. Michael is a leading theorist of the use of cost-benefit analysis in agency rulemaking and insists that policy proposals be evaluated against plausible alternatives rather than an ideal but unobtainable optimum. I hope you find their discussion of how to improve regulatory policy illuminating. I had the pleasure of attending the Virginia Law Review’s centennial banquet this spring. Justice Antonin Scalia, a former member of our faculty who has published with the Law Review, came to Charlottesville to speak at the event. A centennial is an occasion to take stock of the past and plan for the future. The Law Review has a proud history, some of it recounted in these pages, and will remain an important part of our intellectual life. The editors and alumni of the Law Review celebrated by raising over $1 million that will put the organization on firm financial footing for the foreseeable future. I wish all our friends and alumni a colorful spring and enjoyable summer and I look forward to seeing you in the course of my travels.
Sen. Sheldon Whitehouse ‘82, D-R.I., a member of the Senate Committee on Environment, leaves the chamber as Democratic senators finish an allnighter, working in shifts into the early morning on March 11, 2014, to warn of the devastation from climate change and the danger of inaction, at the Capitol in Washington.
DEPARTMENTS 1
FROM THE DEAN
Policy Implications of Climate Science 5
LAW SCHOOL NEWS 35
FACULTY NEWS & BRIEFS 43
CLASS NOTES 64
IN MEMORIAM 65
IN PRINT 69
OPINION
On the Heads of Women
FEATURE STORIES 16
BEYOND POLICY: HOW CLIMATE SCIENCE IS CHANGING LAW AND BUSINESS
AP PHOTO/J. SCOTT APPLEWHITE
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SCIENCE & POLICY ROUNDTABLE SPRING 2014 VOL. 38, NO. 1 | EDITOR CULLEN COUCH ASSOCIATE EDITOR DENISE FORSTER CONTRIBUTING WRITER REBECCA BARNS DESIGN ROSEBERRIES PHOTOGRAPHY TOM COGILL, WARREN CRAGHEAD, ERIC WILLIAMSON, MARY WOOD
National Wildlife Federation worker Emily Guidry examines oil on reeds along the Louisiana coast at the Mississippi River delta south of Venice, La. Thursday, May 20, 2010. One month after the Deepwater Horizon oil rig explosion, oil continued to leak into the Gulf of Mexico and washed onto Louisiana coastline.
LAW SCHOOL NEWS
ALTERNATE DISPUTE RESOLUTION | Mary Wood
Sept. 11, BP Oil Spill Fund-Master: Compensation Fills Need in Wake of Mass Catastrophes
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AP PHOTO/CHARLIE RIEDEL
s one of the nation’s leading experts in alternative dispute resolution and administrator for funds for victims of the Sept. 11 terrorist attacks, the BP oil spill, and the Boston marathon bombings, among others, Kenneth Feinberg has helped decide who gets billions in compensation. But perhaps the most challenging part of his role is handling the fragile emotions of victims and their families, Feinberg said in a talk at the Law School. “What I do, as you guys know, is not rocket science,” he said. “It doesn’t require a special expertise, it really doesn’t. You better brace yourself emotionally and you better think about ‘rough justice.’” Feinberg, who was in town to receive the 2014 Thomas Jefferson Foundation Medal in Law, delivered a speech on “Unconventional Responses to Unique Catastrophes” to mark the occasion. Sponsored jointly by UVA and the Thomas Jefferson Foundation, the medals are awarded each year to recognize the achievements of those who embrace endeavors in which Jefferson excelled and held in high regard, including law, architecture, and leadership. As the special master of the federal Sept. 11 Victim Compensation Fund of 2001, Feinberg worked pro bono to evaluate 7,400 claims and paid out $7 billion in awards. He has also served as fund administrator for the Hokie Spirit Memorial Fund, which
gave out $8 million to victims of the 2007 Virginia Tech shootings, and he advised the Newtown-Sandy Hook Community Foundation, which distributed $7.7 million to victims of the December 2012 elementary school shooting in Connecticut. “His role frequently requires assigning a dollar value to human life, but his compassion, fairness, and willingness to listen make that process not actuarial, but humane,” said Dean Paul G. Mahoney during his introduction. In his talk, Feinberg described the two kinds of funds he has managed. Government-sanctioned funds, like those set up in the wake of Sept. 11 attacks
or BP’s Deepwater Horizon oil spill in the Gulf of Mexico in 2010, serve as alternatives to the tort system and have two purposes: both to help victims of the disasters and to avert a flood of potential lawsuits that would tie up the courts for years. Charitable funds created through donations, like the $60 million One Fund to help victims of the Boston marathon bombing, are concerned only with helping victims, and typically place no restrictions on payment recipients to prevent lawsuits. Feinberg said how he managed the funds depended on several factors, including the amount of money he has to distribute (with Sept. 11, he had a blank check), determining who is eligible, and what proof is required to show a claim for funds is valid. Among the 1.2 million claims in the case of BP, 200 came from Virginia. “You build it, they will come. I didn’t know the oil got up this far,” he said, adding that only a few such claims were
Kenneth Feinberg delivers “Unconventional Responses to Unique Catastrophes” to mark being named the 2014 Thomas Jefferson Foundation Medal in Law recipient.
UVA LAWYER / SPRING 2014 5
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deemed valid in the end. “The integrity of “The aspect of these programs that’s the the programs require[s] proof, otherwise most problematic, whether it’s an alternative $20 billion in the gulf, it might as well be to tort or not, is the emotional part of dealing $200 billion, [it] wouldn’t be enough.” with individual claimants,” he said. For funds designed in part to foreBeing administrator of such funds stall lawsuits, Feinberg said he hewed to also requires answering tough questions principles set up by the tort system, such about why some—such as victims of the as compensating victims Oklahoma terrorist bombbased on their economic “They want to ing—were ineligible for losses, whereas with compensation. Despite vent, they want to charitable funds donated these concerns, Feinberg explain, they want by the public, and not set concluded that the Sept. 11 to commiserate, they up by policymakers or a fund was fair. want empathy, they company, “you have much “I will defend that fund more flexibility.” as sound public policy to want understanding. Feinberg said people my dying day,” he said. They want certainty.” who are compensated by “But don’t ever do it again.” charitable funds typically The American people choose not to sue, even though they have “wanted to demonstrate their empathy and not signed a release promising as much. collective community with the victims.” “Why don’t people take that money, hire And they did, with an average payout a lawyer and litigate?” he asked. One reason, of $2 million per death claim. “I think it is he later surmised, was that the process of rethe right thing to do, but it is a very, very ceiving the funds allowed victims to tell their close question. story to the fund administrator, or talk about “The 9/11 fund is better studied in a hisloved ones who have died. “And they can’t get tory class rather than in a law school class,” that in the legal system.” he said. Such funds “are aberrations, they are When he was working on the Sept. 11 exceptions to the general way we resolve disfund, his office was filled with memorabilia— putes or tragedies in this country. One should ribbons, videos, and audio of loved ones not view what I do as the wave of the future.” who died. Feinberg praised the tort system for “They want to vent, they want to exbeing able to handle claims outside of plain, they want to commiserate, they want such extraordinary tragedies. He said he empathy, they want understanding. They suspected funds for catastrophes were set want certainty. And you do, that’s part of it. up because the Supreme Court is increas“My law degree in most of these proingly frowning upon class-action lawsuits, grams is a wash—doesn’t help—a divinity causing policymakers to think outside of degree would help, or a degree in psycholthe box. ogy would help. You’re dealing with very “I think the tort system works pretty vulnerable people. And when you take on well in this country,” he said. “I don’t think these assignments, brace yourself. … You the tort system works well when it comes to will never, ever hear a claimant come to me mass catastrophe. I think the system is illand say thank you, or show appreciation, or equipped to deal with aggregative claims.” gratitude, nor do you expect it.” Feinberg, who has taught as an adjunct Feinberg recalled a mother of two young professor at UVA Law in the past, also children whose firefighter husband died on praised the “fabulous students here at UVA” Sept. 11. At her first hearing, she demanded and said he hoped to return to teach in payment from the fund within 30 days bethe future. cause she herself only had weeks to live due to a terminal cancer diagnosis.
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ROAD TO 100 | Eric Williamson
Virginia Law Review’s Early History Had Its Uncertainties
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ith the Virginia Law Review Centennial Symposium held in March, the law review capped off a year of celebratory events in honor of the publication’s 100th anniversary. And while the review enjoys an enduring reputation for publishing top legal scholarship, early editorial doubts, nearly insurmountable debt, and criticisms about the value of law reviews created uncertainties during the review’s early history. Planning for the review began with an informal meeting of 10 students and four faculty members on March 5, 1913. In attendance was a powerful advocate, William Minor Lile, who was the Law School’s first dean, founder of the state legal journal the Virginia Law Register, and an enthusiastic supporter of law reviews in general. On April 23, an editorial board was elected and an incorporated Virginia Law Review Association endeavored to publish its first issue, which appeared that October.
Concerns Over the First Issue In the foreword to the first issue, the editorial board acknowledged the relative inexperience involved in the student-run effort. “The editorial work is entirely in the hands of … students, not one of whom has had previous experience with work of this character,” the editors write. “It is hoped that the crudities of this first effort in the line of published comment on the work of the courts may be less glaring in the future numbers when the editors have become more experienced.”
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But the first article, “The Jurisprudence of Latin America,” was far from crude. Authored by Hannis Taylor, an attorney and constitutional history scholar who also served as U.S. minister to Madrid, the piece helped set the ambitious tone of the issue. Aside from the glimpse into Latin America, however, the issue’s focus was primarily on domestic lawyering. Other contributions included a look at inheritance laws by UVA professor Raleigh C. Minor, who would go on to become acting dean of the Law School and a frequent contributor to the review, as well as articles on the exercise of federal power and recent court decisions. Ronald J. Fisher, a current third-year student and the 2013–14 articles editor for the review, writes in the foreword to the first issue of the review’s 100th volume, released in March, that editorial focus was
most likely another area of concern for the original editors. “The Law Review’s national focus may have been a matter of some initial internal debate—this was, after all the Virginia Law Review, published by the students of the University of Virginia,” Fisher writes. Despite any early jitters or debate, though, the review enjoyed a warm reception, with the editors of the second volume stating in their foreword that they had no regrets about the ambitious scope established by the review’s progenitors. The editorial board thanked the bar for the “kind encouragement received from lawyers in every part of the country [which] led the board to believe that no mistake was made in not confining the work to the local law of Virginia.”
William Minor Lile, the first dean of the Law School, was an enthusiastic backer of the Virginia Law Review and attended its first planning meeting; later he helped rescue it from debt.
Dean Lile Sends Out an S.O.S. With the determined efforts of each successive board, the review built its reputation as a publication of merit. But the journal was barely into its teenage years when a financial setback threatened its future. In 1927 the review was $1,000 in debt and in danger of being shuttered when Dean Lile and Professor Armistead Mason Dobie, who would become Lile’s successor and, later, a federal judicial appointee of President Franklin Delano Roosevelt, stepped up with a promise to guarantee the review’s publishing costs.
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country—law reviews in general have had their detractors over the past 100 years. In fact, Virginia published some of the earliest criticism.
Goodbye to Law Reviews?
The first article published by the Virginia Law Review, “The Jurisprudence of Latin America.”
They delivered on the promise with the help of some influential friends. Lile’s diary entry on December 23, 1927, notes that he had “sent out an S.O.S. call to a few of the prominent alumni of the Law School … The returns to date aggregate approximately $1,000.00, with several centers yet to be heard from.” Lile later writes, “The Review is one of the best assets the Law School possesses, giving the Law School a prestige which cannot be measured in shillings or pence.”
A Reputation to Uphold By its 25th anniversary, the review had solidly established its financial footing and its reputation as a prestige national journal. Leslie H. Buckler, a professor who taught at the Law School for more than 20 years and who is credited with the inscription above Clay Hall, penned a congratulatory foreword to honor the quarter-century anniversary. In the article, Buckler extolled the review’s tradition of excellence and its positive reflection upon the school. But with Buckler’s comments also came a reminder of the responsibility borne by the students who work on the review.
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In 1936, the review published “Goodbye to Law Reviews” by Fred Rodell, the late Yale University law professor who became famous for his scathing critiques of the legal profession. In the piece, Rodell writes, “There are two things wrong with almost all legal writing. One is its style. The other is its content. That, I think, about covers “[F]or the cream of the student body the ground.” which rises through the selective processes Sarah Buckley, who served as editor-inof law review competition may be taken chief for the centennial year, said cynicism as a fair gauge of the general quality of the about the relevance of law reviews, now or milk which first went into in the past, doesn’t apply to the pail,” Buckler writes. “The content, readership, reviews that adapt to the “Here, then, the Faculty … needs of their changing and in some ways the must acknowledge that an audiences. She said the purpose of law reviews important contribution to Virginia Law Review will has changed in the last the reputation it enjoys for continue to thrive. 100 years.” sound educational accom“There’s no doubt that plishment has been made the content, readership, by the standards maintained in the Review, and in some ways the purpose of law reviews and that any decline of quality in that suchas changed in the last 100 years and VLR, cession of student contributions would very like many of our peer journals, is working quickly reflect upon the reputation of the to adapt to an increasingly open and online school. And justly so.” world,” Buckley said. “I am confident that Because of its reputation, the review has our successors will adapt to the changing enjoyed a close relationship with a number marketplace for legal scholarship and will of influential figures in the legal world, continue to make VLR a great success.” including U.S. Supreme Court justices and The review, which is financially and orgafederal judges. The review’s archives reflect nizationally independent of the Law School, these relationships—with correspondence met a $1 million fundraising goal this year on or concerning everyone from thenas the result of its Centennial Campaign, Justice Felix Frankfurter (serving from which was conducted with the help of the 1939–62) to future Justice Antonin Scalia Law School Foundation. The endowment is (1986–present). (Additional archival mateexpected to ensure the review’s operations rial can be found online at the UVA Law for many years to come—which makes the Library’s Special Collections site, and more review’s future much more certain than in material is expected to be added this year.) the early days, when being $1,000 in debt But while the Virginia Law Review could have meant the last word. has enjoyed success—consistently being listed among the highest ranked and For more in the series honoring the VLR’s most frequently cited law journals in the 100th anniversary, see http://bit.ly/vlr100.
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DEAL OR NO DEAL | Eric Williamson
Students discuss a recent negotiation session.
Course Simulates High-Stakes International Business Negotiation
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tudents at two universities negotiated a mock business deal this semester as part of a course offering a new, hands-on approach to learning. In the scenario, the 15 UVA Law students in International Business Negotiation represented a U.S. pharmaceutical company negotiating a deal with an African agricultural production company, represented by 20 Northwestern law students, in order to obtain a key drug ingredient. The fictional stakes were high: a joint venture, a licensing agreement, a long-term supply contract—or no deal at all. “The highs of successfully negotiating an issue that both sides had been fighting over for weeks balanced out the lows of seeing a negotiating strategy fall apart over seemingly insignificant issues,” said Jeff Wittman, a
International Business Negotiation adds to the growing list of courses in the John W. Glynn, Jr. Law & Business Program, including the Transactional Law Clinic, that first-year who led some of the negotiations. emphasize practical experience. “Working closely with the class to achieve a On the last day of class, Martin projected common goal all semester made the whole a slide with negotiating tactics such as “good experience feel like the outcome was real.” cop/bad cop,” “bluffing” and “one more Though the students thing” written on it, while didn’t officially ink a Sometimes saying less, his students engaged in deal during the class, the spirited conversation about or nothing at all, during two parties reached an the final bargaining sesa negotiation can be agreement on terms, said sion. The live negotiations an effective tactic, at first-time instructor Ned took the form of someother times a forthright Martin, who has four times friendly, sometimes decades of experience in tense, videoconference approach can be useful domestic and international calls held on five Saturdays over a coy one. business negotiations, and during the semester. who was most recently a “Could we have been partner at DLA Piper. more direct?” one student asked during the “The deal was to the stage where it class. “We could have just said, ‘This is what was appropriate to sign a letter of intent,” the deal’s about and this is where you stand Martin said. to gain.’”
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Martin gave the students room to draw law and had been considering a career as a their own conclusions before adding his litigator. Now, his focus has changed. own. He agreed that though sometimes “The class has given me the foundasaying less, or nothing at all, during a netion to be comfortable discussing complex gotiation can be an effective tactic, at other transactional agreements, and the confitimes a forthright approach can be useful dence to negotiate over difficult corporate over a coy one. He added that a good deal concepts,” he said. “I will rely heavily on my can go bad if a party doesn’t have enough experiences from the class, as I now intend time to consider an offer. to pursue a career in transactional law.” “People do not handle well an issue or The students said Martin was an engaganalysis presented to them for instant reing professor who shared anecdotes from his sponse,” Martin said. “If you have to answer own experience and remained actively inas you take the information in, the answer volved in their learning, even outside of class. will always be ‘no.’” “When a team was “You never want to find During the course, all working on documents or students took turns acting preparing to lead a negothat the counterparty as lead adviser in drafttiation, Professor Martin is more prepared than ing communications and would be in touch with the you are, because that chairing discussions. They team up to 10 or 20 times a can result in losing also kept diaries of their day by email, and in touch impressions of the process, with the class five or more the counterparty’s strategy, and the progress times a day,” Gilleland said. goodwill and respect, of the negotiations. “He was actively workin you conceding Third-year Christine ing on responding to our something you do not Gilleland, who hopes comments and questions, to specialize in the and raising questions to intend to concede, and financial and mergersconsider himself, for the in not advocating for and-acquisitions aspects majority of every week of something that you of international deals, said the semester. This made should advocate for.” she learned the power of it so that each team could patience when working enter the negotiating room with large groups of people, and the value of or send a communication to the counterbeing the more prepared party when going party with great confidence, knowing that into a negotiation. we were as prepared as possible to represent “You never want to find that the our client.” counterparty is more prepared than you The course is based on a simulated fact are, because that can result in losing the pattern developed by two faculty members counterparty’s goodwill and respect, in you at American University, who match schools conceding something you do not intend to interested in participating in the scenario. concede, and in not advocating for someMartin said the class is organic, with the thing that you should advocate for,” she said. scenario never playing out the same way Wittman, the first-year, said he learned twice, which is part of its appeal. the importance of closely analyzing a com“What I told the students is, it’s uniquely pany’s business and transaction objectives in a course they create,” said Martin, who is preparation for a negotiation, to better apslated to teach the course again next year. preciate opposing party relationships, and to “I’m the football coach, but they are playing revise his assumptions based on the fluidity the game.” of the situation. Before the class, Wittman had no previous experience working with transactional
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FOIA | Eric Williamson
Clinic Suit Prompts Justice to Release Non-prosecution Agreement
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n March the Justice Department released a non-prosecution agreement it previously withheld from University of Virginia School of Law researchers, effectively settling a lawsuit the school’s First Amendment Clinic filed under the Freedom of Information Act. UVA Law business research librarian Jon Ashley served as plaintiff in the lawsuit after being denied his request for the details of a $2 million settlement between the U.S. Attorney’s Office for the Southern District of Texas and Houston-based ABC Professional Tree Services Inc. over the company’s use of undocumented workers. Ashley was conducting research in association with Professor Brandon Garrett, a criminal justice expert who has been compiling non-prosecution agreements online to further his research on—and public awareness of—white-collar crime. “After more than a year of litigation by clinic students, the Department of Justice’s final response was, ‘never mind,’ and they readily shared the agreement,” Garrett said. “It is a totally unremarkable non-prosecution agreement, raising the question why it was ever sealed in the first place.” Ashley agreed that the difficulty involved in his information request was “baffling.” He said the request was the first Facing page, law students in the First Amendment Clinic, along with clinic co-director Josh Wheeler, met to discuss next steps with UVA Law research librarian Jon Ashley after the Department of Justice settled a lawsuit brought by the clinic on Ashley’s behalf and released a non-prosecution agreement the department previously attempted to shield.
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time he has ever invoked the Freedom of Information Act. The clinic’s complaint against the DOJ argued a “strong public interest in understanding the judicial system and why admitted wrongdoers are not criminally prosecuted.” Paula Salamoun, a third-year who drafted much of the language in Ashley’s complaint, said the need to get the details just-so was intimidating, but ultimately rewarding. “As a student, being tasked with drafting a complaint for federal court carries with it a certain level of intimidation, particularly in knowing that each word, sentence and claim would be up for scrutiny,” Salamoun said. “But this real-world experience, with real consequences at stake, is exactly what has made my experience in the First Amendment Clinic so valuable.” Ashley and Garrett’s collection of nonprosecution and deferred prosecution agreements already included deals
made with Boeing Co., Google Inc., Committee for the Freedom of the Press, led GlaxoSmithKline, Halliburton Co., and by the clinic’s co-director Bruce Brown, to JPMorgan Chase & Co., among others, that aid the law students’ efforts. were not sealed by the government. “I hope that the Department of Justice Ashley thanked the clinic for helping agrees to promptly release the other him add the latest agreement. “I’m grateful agreements that have not been disclosed for the First Amendment Clinic’s assistance to date,” Garrett said. “There is enormous and expertise,” said Ashley, who said he public interest in the resolution of will continue to pursue, corporate prosecutions, with the clinic’s help, “As a student, being and the public and the 30 additional documents press will only continue tasked with drafting that have not been delivto wonder why some of a complaint for ered to date. these deals have been kept federal court carries Josh Wheeler, co-direcunder wraps.” with it a certain tor of the clinic and director Garrett is the author of the Thomas Jefferson of a forthcoming book, level of intimidation, Center for the Protection “Too Big to Jail: How particularly in of Free Expression, said Prosecutors Compromise knowing that each the clinic will likely file one with Corporations,” which word, sentence and all-encompassing request bases many of its findings for the outstanding docuon public records compiled claim would be up for ments. The center has been with Ashley, including adscrutiny.” working with the Reporters ditional plea agreements.
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EFFECTIVE PROFESSOR | Mary Wood
Greg Mitchell Wins UVA All-University Teaching Award
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ome students might have trouble sitting of social science to legal theory and policy. through Civil Procedure, a notoriously Mitchell has a both a law degree and a difficult subject, at 8:30 on a Friday mornPh.D. in psychology from the University of ing. But not with Professor Greg Mitchell California, Berkeley, and taught at Florida leading class. State University before “Professor Mitchell is “The law in the statutejoining the UVA Law facsimultaneously effective, ulty in 2006. based courses that I engaging, and entertaining, A self-described “ham,” typically teach is often which is a rare combinaMitchell often poses humaddeningly abstract, tion,” said third-year Erin morous hypotheticals in but the abstractions Ward, who took that class, casting himself and course as well as Evidence students as characters to of the law fall away and an independent study keep things lively. when put into the with the professor. That focus on engaging context of memorable The University of interaction, and the mixing hypotheticals.” Virginia is recognizing of theory and practical Mitchell’s classroom efforts knowledge helps students this year with an All-University Teaching “understand the landscape of the doctrine Award. Mitchell and eight other recipients in real practice,” Ward said. “His dedication across Grounds was honored at a dinner at to teaching and helping the students dethe Rotunda. velop professionally is evident both in and Mitchell, the Joseph Weintraub–Bank out of the classroom.” of America Distinguished Professor of Law, Mitchell said he hates leaving class feelalso teaches advanced seminars in law and ing that his students were confused or not psychology, as well as complex civil litigation engaged. and other topics. His scholarship focuses on “My only rule for teaching is to avoid legal judgment and decision-making, the confusion and boredom,” he said. “I don’t psychology of justice, and the application have much trouble with the boredom part,
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but I am always working to come up with better ways of explaining the law.” Second-year Sam Strongin, who also took Civil Procedure with Mitchell, praised his professor for bringing clarity to complex material. “I have no doubt I understand civil procedure very well thanks to him,” Strongin said. Strongin added that Mitchell also made a point to be available to students outside of class. “I spent many hours in his office, having him both further refine my understanding of the material and offer more macro-level advice, such as what it takes to succeed on law school exams and overall approaches to studying,” he said. “I’ve taken the lessons he’s provided and used them in other classes, and I feel like I can tie his contributions to steps I have taken going forward that have proven very valuable.” Instead of striving for perfection, Mitchell said being self-deprecating and open to spontaneity has worked better for him as a teaching strategy. “I’m never quite sure what’s going to happen in class either, so that’s good,” he said. “I’m glad to hear at least some students agree with it.”
LAW SCHOOL NEWS …
Michael Doran
Kimberly Kessler Ferzan
Cynthia Nicoletti
A. Benjamin Spencer
NEW FACULTY The Law School welcomes four faculty members this year. For full stories on each, see www.law.virginia.edu/news.
Michael Doran Michael Doran, an expert in tax policy and legislative process, will join the faculty in the fall as a professor of law. Doran, who previously served as an associate professor at UVA Law from 2005–09, is currently a professor of law at Georgetown University Law Center. Before he began teaching, he spent 10 years at Caplin & Drysdale and four years in the Office of Tax Policy at the U.S. Treasury Department. Doran’s work at Treasury centered on tax legislation and regulation. In addition to teaching, Doran has authored articles on his scholarly interests in tax law and the legislative process that have been published in the Virginia Law Review, the University of Chicago Law Review and the Tax Law Review, among others. His current research investigates the ways in which institutional structures within Congress affect the substance of tax legislation.
and Philosophy. She is also an associate graduate faculty member in the school’s New Brunswick Philosophy Department, consistently ranked among the top in the nation. She is the author of numerous articles on criminal law, and the co-author of the monograph, “Crime and Culpability: A Theory of Criminal Law.” Ferzan’s recent scholarship includes the article “Beyond Crime and Commitment,” which was selected for the 2013 American Philosophical Association’s Berger Memorial Prize (for the best paper written in law and philosophy for the prior two years) and “Beyond Intention,” an article selected for the 2006 Stanford/Yale Junior Faculty Forum in the category of criminal law. She received the Rutgers Dean’s Award for Scholarly Excellence in 2012. In addition to her own works, Ferzan is co-editor in chief of the journal Law and Philosophy, and is on the editorial boards of Legal Theory, and Criminal Law and Philosophy.
Kimberly Kessler Ferzan
Cynthia Nicoletti
Kimberly Kessler Ferzan, a criminal law theorist with a background as a federal prosecutor, will join the Law School in the fall as a professor of law. Ferzan, who was a visitor at the Law School last fall, is currently a distinguished professor of law at Rutgers University, Camden, where she is co-director of the Rutgers Institute for Law
Cynthia Nicoletti, an expert in legal history who specializes in the Civil War and Reconstruction, will join the faculty as an associate professor of law. She is already a familiar face at the University. This year she taught four courses at the Law School, including Civil War and the Constitution, as a visiting law professor from Mississippi College. In
addition, she earned her bachelor’s, master’s, and doctoral degrees at UVA. (She earned her J.D. at Harvard Law School.) Nicoletti is currently at work on a book based on her doctoral dissertation, which won the American Society for Legal History’s William Nelson Cromwell Prize in 2011. The paper examines the issue of whether secession could have been legally valid.
A. Benjamin Spencer A. Benjamin Spencer, an expert in federal civil procedure and jurisdiction, will join the faculty this fall as a professor of law. Spencer visited at UVA Law in 2011–12 and is currently a professor at Washington and Lee University School of Law, where he serves as associate dean for research and director of the Frances Lewis Law Center. He will teach civil procedure, federal civil litigation, and advanced civil litigation at UVA. Spencer has authored two books in the area of federal civil procedure and jurisdiction, “Acing Civil Procedure” and “Civil Procedure: A Contemporary Approach.” Both are widely used in law schools throughout the country. Two of his articles, “Plausibility Pleading” and “Understanding Pleading Doctrine,” were among the top three most highly cited articles for 2008 and 2009, respectively, according to research published in the Michigan Law Review in 2012.
UVA LAWYER / SPRING 2014 13
LAW SCHOOL NEWS …
A SAMPLE OF THE VIDEO AND MP3 OFFERINGS FOUND ONLINE
Multimedia News Offerings at www.law.virginia.edu/news “CAN CITIES GOVERN?” Law Professor Richard C. Schragger discusses the limits and possibilities for city power and governance in a lecture marking his appointment as Perre Bowen Professor of Law.
CROSSING BORDERS PRESENTED BY THE J.B. MOORE SOCIETY OF INTERNATIONAL LAW AND THE VIRGINIA JOURNAL OF INTERNATIONAL LAW
RETHINKING INTERNATIONAL DEVELOPMENT
9-10:30 a.m. Purcell Reading Room
10:45 a.m.-12:15 p.m. Purcell Reading Room
12:30-1:30 p.m. Caplin Pavilion
1:40-3:00 p.m. Purcell Reading Room
ANTI-CORRUPTION AND DEMOCRATIC GOVERNANCE
MEASURING SUCCESS: HUMAN RIGHTS, DEVELOPMENT PROJECTS, AND STAKEHOLDERS DEENA HURWITZ
LUNCH AND KEYNOTE SPEECH
INTERNATIONAL FINANCE IN EMERGING MARKETS PIERRE-HUGHES VERDIER
THOMAS HOHENTHANER
Knowledge and Research, World Bank
THOMAS B. NACHBAR
University of Virginia School of Law (Moderator)
TOM BEST
Partner, Steptoe & Johnson
ROBERT LEVENTHAL
Director of the Anti-Crime Programs Division, U.S. State Department Bureau of International Narcotics and Law Enforcement Affairs, Office of Anti-Crime Programs
CHARGE TO THE CLASS OF 2014
MATTHEW C. STEPHENSON Harvard Law School
University of Virginia School of Law (Moderator) Millennium Challenge Corporation
CATHERINE MOORE
University of Baltimore School of Law
MARGARET L. SATTERTHWAITE
HASSANE CISSÉ Deputy General Counsel, Keynote address sponsored by White & Case
Judge Robert Shelby ’98 provided insights into the confirmation process and his first two years as a federal district judge.
A TRANSITIONAL JUSTICE STRATEGY FOR SYRIA Mohammad Al Abdullah, Syria Justice and Accountability Center and Balkees Jarrah of the International Justice Program and Human Rights Watch spoke about transitional justice in Syria.
14 UVA LAWYER / SPRING 2014
CHARLES MOONEY, JR.
University of Pennsylvania Law School
GREGORY SMITH
William & Mary School of Law
Hassane Cissé, deputy general counsel, knowledge and research for World Bank, delivered the keynote address for “Crossing Borders: Rethinking International Development” symposium.
3:15-4:45 p.m. Purcell Reading Room
INVESTOR-STATE ARBITRATION JOHN NORTON MOORE
University of Virginia School of Law (Moderator)
SUSAN D.FRANCK
Washington & Lee University School of Law
JONATHAN C. HAMILTON
Partner and Head of Latin American Arbitration, White & Case
CHRISTOPHER M. RYAN
Partner in the International Arbitration Group, Shearman & Sterling; Lecturer, University of Virginia School of Law
4:45-5 p.m. Purcell Reading Room
THE AMERICAN VOTING EXPERIENCE
“PERSPECTIVES OF A RECENTLY APPOINTED FEDERAL TRIAL COURT JUDGE”
DOUGLAS KRAMER
Deputy General Counsel at U.S. Agency for International Development
Partner, Allen & Overy
New York University School of Law
CHRISTIE S. WARREN
Professor Greg Mitchell shared 10 tips for success in his Charge to the Class of 2014.
Bob Bauer ’76 and Ben Ginsburg, cochairs of the Presidential Commission on Elections, discussed their recent report on voting issues.
University of Virginia School of Law (Moderator)
CROSSING BORDERS: RETHINKING INTERNATIONAL DEVELOPMENT
CLOSING REMARKS
FEBRUARY 24 Sponsored by White & Case (Gold Sponsor) and Allen & Overy (Bronze Sponsor)
CORPORATE GOVERNANCE Myron T. Steele ’70, LL.M. ’04, recently retired chief justice of the Supreme Court of Delaware, addresses corporate governance in the wake of corporate collapses in the past decade. Steele’s talk was the keynote during this year’s Virginia Law and Business Review symposium,
OBSERVATIONS ON ROBERTS COURT
“AFTER WINDSOR” A UVA LAW TALK ON LGBT RIGHTS
Marcia Coyle, the chief Washington correspondent for The National Law Journal, a national weekly newspaper that covers law and litigation, delivered the Henry J. Abraham Distinguished Lecture.
UVA Law Professors Kerry Abrams and Deborah Hellman and Professor Nancy Polikoff of the American University Washington College of Law discuss the impact of United States v. Windsor.
THE LAW OF NATIONS AS CONSTITUTIONAL LAW
AFFIRMATIVE ACTION DISCUSSION
Law Professor Paul B. Stephan ’77, an expert in international business and legal systems, moderated a discussion on the article “The Law of Nations as Constitutional Law,” published by the Virginia Law Review in 2012.
UVA Law Professor Kim Forde-Mazrui and the Heritage Foundation’s Hans von Spakovsky discuss the current state of affirmative action in the United States from differing perspectives.
LAW SCHOOL NEWS …
LINDA FAIRSTEIN ’72 SPEAKS ON HER CAREER AS A PROSECUTOR AND AUTHOR. THE FUTURE OF FASHION LAW Staci Riordan, partner and chair of the Fashion Law Practice Group at Fox Rothschild, spoke about her professional experiences and growth in the field as part of the Virginia Journal of Law and Technology’s Symposium “The Future of Fashion Law.”
VIRGIN I A L AW & B US I N E S S RE VIE W SYM PO S I U M
POWER &
CONTROL TODAY'S CORPORATE GOVERNANCE ISSUES
DOMESTIC VIOLENCE SURVIVOR DISCUSSES HER LANDMARK HUMAN RIGHTS CASE Jessica Lenahan (formerly Gonzales) discusses her landmark case, the first brought by a survivor of domestic violence against the United States before an international human rights tribunal. The Inter-American Commission on Human Rights found that the U.S. violated her and her children’s human rights.
ANIMAL PROTECTION IN THE 21ST CENTURY Wayne Pacelle, CEO and president of the Humane Society of the United States, delivers “Animal Protection in the 21st Century: Finding Clarity in Our Tangled, Contradictory Relationship with Animals.”
FORMER JUSTICE OF SUPREME COURT OF VIRGINIA GIVES MLK TALK 8-8:40 A.M.
BREAKFAST
8:40-8:45 A.M. WELCOME KATIE PACKER ’15 & KATHERINE SHAIA ’15 Special Projects Editors, Virginia Law & Business Review 8:45-9:05 A.M.
INTRODUCTORY REMARKS GEORGE GEIS Vice Dean, University of Virginia School of Law
9:05-10 A.M.
INCORPORATION AND THE NEVADA-DELAWARE DEBATE MICHAL BARZUZA University of Virginia School of Law A. THOMPSON BAYLISS ’03 Partner, Abrams & Baylisss DAIN DONELSON University of Texas McCombs School of Business DAVID SMITH University of Virginia McIntire School of Commerce Moderated by PAUL MAHONEY Dean, University of Virginia School of Law
10:10-11:05 A.M.
SHAREHOLDER ACTIVISM H. RODGIN COHEN Senior Chairman, Sullivan & Cromwell LLP STEVEN DAVIDOFF The Ohio State University Moritz College of Law ROGER H. KIMMEL ’71 Vice Chairman, Rothschild Inc. Chairman, Endo Pharmaceuticals Director, PG&E Corporation Moderated by ANDREW N. VOLLMER ’78 University of Virginia School of Law
11:15 A.M.-12:10 P.M.
MULTIDISTRICT LITIGATION AND EXCLUSIVE FORUM BYLAWS STEPHEN M. KOTRAN ’90 Partner, Sullivan & Cromwell LLP THEODORE N. MIRVIS Partner, Wachtell, Lipton, Rosen & Katz ROBERTA ROMANO Yale Law School Moderated by ALBERT CHOI University of Virginia School of Law
12:20-1:20 P.M.
LUNCH & KEYNOTE ADDRESS
MYRON T. STEELE ’70 Former Chief Justice, Delaware Supreme Court 1:30-2 P.M.
ROUND-TABLE DISCUSSION SELECT PANELISTS Moderated by RICHARD HYNES University of Virginia School of Law
2-2:10 P.M.
THANK YOU AND ADJOURNMENT VICTORIA MORPHY ’14 Editor-in-Chief, Virginia Law & Business Review
FRIDAY, FEB. 21 CAPLIN PAVILION
John Charles Thomas ’75 urges vigilance to protect advances made by the civil rights movement.
u n i v e r s i t y of
VS Cirginia HO O L O F L AW
50 YEARS AT UVA A lot has changed in the last five decades at UVA Law—just ask Professors A. E. Dick Howard ’61 and Peter Low ’63, who this term are celebrating 50 years since they began teaching here.
UVA LAWYER / SPRING 2014 15
How Climate Science is  The sun rises behind the Capitol in Washington, Tuesday, March 11, 2014, after Democratic senators clocked an all-nighter, working in shifts into Tuesday morning to warn of the devastation from climate change and the danger of inaction.
16  UVA LAWYER / SPRING 2014
Changing Law and Business issued its fifth assessment report for governments and policymakers (AR5). The series of reports has trained attention on the risks to ecosystems and economies and made business more sensitive to environmental and regulatory concerns.
UVA LAWYER / SPRING 2014  17
AP PHOTO/J. SCOTT APPLEWHITE
This spring the United Nations Intergovernmental Panel on Climate Change (IPCC)
Bob Wyman ’80
B
OB WYMAN ’80, OF LOS ANGELES, suit in Massachusetts vs. EPA to force the has built a global practice around climate agency to regulate GHGs. The plaintiffs lost science, good policy, and feasible compliance. in the D.C. Circuit, but the Supreme Court Wyman is the chair of the Environment, Land reversed the decision and remanded the & Resources Department matter to the EPA. Upon and the co-chair of the reconsideration, the EPA Air Quality and Climate “We want found that GHGs “in the Change Practice for legal confidence, atmosphere may reasonLatham & Watkins. He on the one hand, ably be anticipated both to started thinking differentand efficiency and endanger public health and ly about his work in 2003, incentive, on the to endanger public welfare,” when the Environmental other—a carrot and supporting the agency’s Protection Agency (EPA) a stick at the same regulatory authority. made two determinatime.” “The issue is resolved tions. First, that it lacked in terms of the law of the authority under the Clean United States,” says Wyman. Air Act to regulate greenhouse gases (GHGs) “It is the basis of a regulatory finding made as pollutants. And second, that even if it did by the top environmental agency in the counhave such authority, it would decline to set try, tested in court, and upheld at the highest vehicle emissions standards for GHGs. level. We have to respect that as lawyers and Twelve states and three cities brought turn our attention now to public policy.”
18 UVA LAWYER / SPRING 2014
Industry reaction
T
oward that end, in 2008 Wyman started the National Climate Coalition, a multiindustry group that provides input to the EPA on GHG regulation. Its members include companies in aerospace and electronics, automotive, cement, consumer products, electricity generation, manufacturing, oil refining, and renewable energy. The coalition’s goal is to advise the EPA in creating a regulatory regime that avoids economic jeopardy and legal risk. “Industry has long recognized that carbon intensity, the environmental footprint associated with the burning of fossil fuels, would sooner or later be addressed through regulation,” says Wyman. “Our proposal tries to optimize multiple variables. We want legal confidence, on the one hand, and efficiency and incentive, on the other—a carrot and a stick at the same time.”
REUTERS/ROBERT GALBRAITH
A stream of water trickles on the bottom of the Almaden Reservoir near San Jose, California January 21, 2014. California Governor Jerry Brown declared a drought emergency, and the dry year of 2013 has left fresh water reservoirs with a fraction of their normal water reserves.
UVA LAWYER / SPRING 2014  19
Brad Keithley ’76
Though opinions vary among Wyman’s clients on the science behind climate change, the coalition has no doubt the EPA is going to regulate GHGs. Industry should “get ahead of the curve,” says Wyman. “The predominant view is that the human impact on the environment through greenhouse emission is real and serious, and while no one can pretend to know the scale of it, it does warrant large-scale government intervention through regulation.”
BRAD KEITHLEY ’76 IS THE FORMER the 1992 United Nations Conference on General Counsel of Arkla, Inc. He helped lead Environment and Development in Rio de the energy practices of Jones Day and Perkins Janeiro. He believed then that the U.S. would Coie before starting his begin to take an active role own advisory firm in regulating energy emissions. Alaska. “The oil and gas “We have to “I like minimal government community, frankly, has decide what the right intrusion, but I also believe to accept that climate regulatory response that these externalities change is a real concern,” is and how extensive have a cost,” he says. “I like says Keithley. “We have it will be.” government to come in and to decide what the right mandate the environmental regulatory response is ends you must meet, but not and how extensive it will be.” the means to get there. Government tends to So what is the proper balance between get it wrong when they select the means. It protection and production? According to opens up avenues for someone to stop any Wyman, “The IPCC is a repository of the regulation. I’m hoping the EPA will set the mainstream development of the scientific performance targets, and not tell states or perspective on this issue, and it reinforces the sources how to do it.” political will to address it. We shouldn’t hide from that fact. We still take action because we recognize that managing uncertainty to protect the public against harm is what we entrust our government to do.” Wyman, a self-described “free market deally, the EPA and states would work tolawyer with libertarian tendencies,” has gether to implement programs that generate been active in climate change policy since a price signal that reflects the environmental
Better regulation, better business
I
Weather and Natural Catastrophe Total vs. Insured Losses
Source: sigma world insurance database ©2013 Swiss Re Economic Research & Consulting. All rights reserved
20 UVA LAWYER / SPRING 2014
impact of carbon. The market could use that price signal to build greater efficiencies in the energy system and transition into a cleaner technology model. A carbon intensity approach that developed performance standards, sector by sector, would avoid consumption-related or growth-related opposition, according to Wyman. Trading partners who do not meet the standards would pay a tariff. “That’s a regime that the world could prepare for,” says Wyman. “Many businesses would like this issue addressed for the long run because the uncertainty prevents investment in new supplies of energy and in new technologies,” he adds. “Many hundreds of billions of capital are sitting uninvested because of it.” While industry is waiting on clear rules for managing carbon output, existing regulations could be improved to promote new construction. “You could have the cleanest power plant in the world but it’s always attacked,” says Wyman. “If it’s a natural gas-fired plant, then it’s usually attacked using the Clean Air Act, or the California Environmental Quality Act, or the National
Environmental Policy Act, or the Endangered Species Act. If it’s a solar project, because solar and wind require a lot of land, you have attacks based on water scarcity or species scarcity. NIMBYism is everywhere.” “It’s hard to demonize industries who are concerned about EPA regulation of greenhouse gases,” says Wyman. “Their positions stem from an understanding that government regulation often imposes costs that significantly exceed the level necessary to deliver the desired environmental benefit.” It can take years to permit most major capital projects in the United States. Too often, the same projects have been reviewed many times in other parts of the country. Ideally, once the EPA or the states evaluate a particular technology, the findings and conclusions should be presumptive for other applications to avoid costly and lengthy caseby-case scrutiny. “Getting the rules of the game worked out, even if they’re not perfect, will unleash capital and allow siting to happen faster,” says Wyman. “Even though businesses and people end up at various places along the
continuum in their belief in the science, there is a community of agreement among a critical mass of corporate America that if we have a system that can be done well, it would be beneficial.”
Resources, risk, and opportunity
K
eithley, who has worked in oil and gas since he graduated from the Law School, cites three “huge changes” in the industry. First, the end of the Cold War opened access to many areas of the world, notably China, the Soviet Union, and large parts of Africa. Second, advanced technology allows the industry to develop resources that it previously never considered. And third, the advent of development in the Arctic. “It’s the emerging story of untapped resources. But it’s very challenging trying to access it in the right way to minimize risk and avoid huge costs,” says Keithley. Keithley is based in Anchorage. He says Alaskans welcome these new opportunities “to grow the economy, employ more
Loss Events Worldwide, 1980–2013, Munich Re
© 2014 Münchener Rückversicherungs-Gesellschaft, Geo Risks Research—as of January 2014
UVA LAWYER / SPRING 2014 21
people, start more businesses, and have a more broadly based source of revenue for state government.” The new fields promise many years of production, a substantial lift to the Alaska economy, and jobs. “It’s the same way a Lower 48 state would view a new, clean factory,” he says. “That’s how we view new resource development. But it also presents new risks, possibly extreme risks that Alaska has never faced before if an ocean-going vessel or new oil and gas prospect at sea has an accident and starts spilling oil.” Keithley notes that fracking for new natural gas supplies has also changed the game, and quite suddenly. Setting aside the environmental challenges, few people predicted its scale. Where once the U.S. was a net importer of liquefied natural gas (LNG), fracking has reversed the trade flow. Companies, once interested in LNG projects for import, are now investing in facilities to export LNG worldwide. Clean tech energy companies need help earning a return on their investment in new clean energy products. Municipal solid waste recyclers need EPA approval to convert it to fuel, even with a zero carbon footprint. “Clients need help in regulatory advocacy, conducting global carbon trades, and planning corporate strategy in the face of an evolving energy market,” says Keithley. For example, major oil companies are under increasing pressure from shareholder groups to account for the risk that potential restrictions on carbon emissions will decrease the value of their recoverable reserves, especially for the more costly projects in the Arctic and the deep waters of the Gulf of Mexico. In March Exxon agreed to assess the risk to their portfolio and also report on how restrictions will affect the investment return on future projects. “Corporate sympathy to climate concerns is here to stay,” says Keithley. “These are the kinds of issues where smart lawyers can add value.”
22 UVA LAWYER / SPRING 2014
Glenn Brace ’86
Finding solutions
T
he cause-and-effect debate is central to regulatory intention and opposition. Insurers, however, make and lose money trying to predict the incidence of events and what it will cost them. When it comes to climate science, they care more about the frequency or severity of what may happen than they do about the why.
GLENN BRACE ’86, OF LONDON, IS the claims director for the Catlin Group, a specialty insurer and reinsurer that has been studying environmental risk. “You’ve got to be really careful because there are many climate change skeptics,” he says. “If you don’t follow rigorous scientific protocols, people are going to call you out on it. We are a business that assesses experience and analyzes for any patterns that will influence rates and our risk appetite. We want our policyholders to know that we are independent, non- biased, and analytical. If you become a campaigner, you can appear to lack that independence.”
Brace says climate change is not currently a pressing issue for insurers because scientists and industry are studying data on different time scales. Typical risk modeling analyzes the past five years or so of claims experience, and insurers ordinarily offer coverage on an annual basis. Climate science, however, covers centuries of data. But Brace believes climate change will only become more important to his business. “If the earth changes, as many people predict it will,” he says, “the nature and severity of the hazards policyholders face may change completely. We therefore believe insurers should get involved. We need impartial, scientifically valid data on which experts can base predictions. We probably won’t benefit from it, but our descendants and future policyholders might use that data to better protect their assets.” Wyman shares this view, which translates across industries and transcends politics. In talking about technology and energy efficiency, Wyman says, “That’s what we should be about, using science and the law to help make our society and our economy work better.”
World GHG Emissions Flow Chart World GHG Emissions Flow Chart
E N E R G Y
Sector SECTOR
Transportation
13.5%
Electricity & Heat
24.6%
Other Fuel Combustion
Industry
Fugitive Emissions
9.0%
10.4%
3.9%
Industrial Processes 3.4%
Land Use Change 18.2%
Agriculture
Waste
13.5%
3.6%
Sources and Notes: All dataAll is fordata 2000. All areAll based on CO2 equivalents, 100-year Sources & Notes: is calculations for 2000. calculations areusing based onglobal CO2warming equivalents, using 100-year global warm potentials from the IPCC (1996), based on a total use globalchange estimate of includes 41,755 MtCO2both equivalent. Land use change includes 41,755 MtCO 2 equivalent. Land emissions and absorptions; see Chapter 16. See Appe both emissions and absorptions. Dotted lines represent flows of less than 0.1% of total GHG emissions. Dotted lines represent flows of less than 0.1% percent of total GHG emissions.
End END USEUse/Activity / ACTIVITY
GASGas
Road
9.9%
Air Rail, Ship, & Other Transport
1.6% 2.3%
Residential Buildings
9.9%
Commercial Buildings
5.4%
Unallocated Fuel Combustion 3.5% Iron & Steel Aluminum/Non-Ferrous Metals Machinery Pulp, Paper & Printing
Food & Tobacco
3.2% 1.4% 1.0% 1.0% 1.0%
Chemicals
4.8%
Cement
3.8%
Other Industry
5.0%
T&D Losses
1.9%
Oil/Gas Extraction, Refining & Processing
6.3%
Coal Mining
Deforestation Afforestation Reforestation Harvest/Management Other Agricultural Energy Use
1.4%
18.3% -1.5% -0.5% 2.5% -0.6% 1.4%
Agriculture Soils
6.0%
Livestock & Manure
5.1%
Rice Cultivation
1.5%
Landfills Wastewater, Other Waste
2.0% 1.6%
Other Agriculture
Carbon Dioxide (CO2) 77%
0.9%
HFCs, PFCs, SF6 1%
Methane (CH4) 14%
Nitrous Oxide (N2O) 8%
ming potentials from the IPCC (1996), based on a total global estimate of endix 2 for detailed description of sector and end use/activity definitions, as well as data sources. UVA LAWYER / SPRING 2014  24
Cars sit on the edge of a sinkhole in the Charles Village neighborhood of Baltimore, Wednesday, April 30, 2014, as heavy rain moved through the region. Road closures were reported due to flooding, downed trees and electrical lines elsewhere in the Mid-Atlantic.
SCIENCE & POLICY ROUNDTABLE
AP PHOTO
Enormous streams of data generated by government, industry, and university researchers drive the regulatory apparatus of the U.S. government. Sometimes the data reveal new risks, other times it frames the boundaries of known ones. Uncertainty permeates the process, both in the science identifying the risk and the regulations issued to manage it. In the following roundtable, Law School professors Jon Cannon, Jason Johnston, and Michael Livermore talk about science and research, its inherent uncertainties, and the government’s efforts to establish and promote good policy.
Jon Cannon served as the Environmental
Jason Johnston is an expert in law and
Michael Livermore is an associate professor
Protection Agency’s general counsel (1995–98) and assistant administrator for administration and resources management. He is the Blaine T. Phillips Distinguished Professor of Environmental Law and the Class of 1941 Research Professor of Law. He is also Director of the Law School’s Environmental and Land Use Law Program, which aims to develop leaders who combine knowledge in law, science, economics, ethics, psychology, and politics with the skills to put sound policy into practice at all levels of government and in the private sector. Cannon is completing a book on environmentalism and the Supreme Court for publication in spring 2015.
economics and is the Henry L. and Grace Doherty Charitable Foundation Professor of Law. He is currently working on a book that critically analyzes the foundations of global warming law and policy, a series of articles on the economics of regulatory science, and another series of articles on various aspects of the law and economics of consumer protection. Before coming to the Law School, Johnston was the founding Director of the University of Pennsylvania Program on Law, Environment and Economy.
of law whose primary teaching and research interests are in administrative law, environmental law, cost-benefit analysis, and executive review of agency decision-making. Livermore spent five years as the 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 government decision-making through advocacy and scholarship in the areas of administrative law, cost-benefit analysis, and regulation.
UVA LAWYER / SPRING 2014 26
UVAL: Science will always have uncertainty, so how do we manage that uncertainty when translating it into policy?
clear the points at which value judgments enter the decision process and to understand the effect of those judgments.
Livermore: Part of the tricky thing with Johnston: I think the problem is that we call for science-based regulation and act as if there isn’t uncertainty. But at the frontier of any science, there’s always uncertainty. I think the problems that we have now boil down to having institutions that don’t incentivize scientists to fully reveal the extent of the uncertainty and in not understanding that, because of uncertainty, scientific decisions are often inseparable from policy decisions. Different scientists are making different decisions about the policy consequences of different kinds of errors. Scientists are expressing their points of view in the decisions they make about what to publish and how to value different kinds of studies, normative decisions about consequences external to science, so you just can’t look to science and think that you’re going to get clear answers.
Cannon: I agree with Jason that we don’t have a systematic way of dealing with uncertainty. Depending on the policy preferences of those making decisions, I’ve seen attempts to downplay uncertainty and also attempts to exaggerate uncertainty. I think there should be a more systematic accounting for uncertainty. I also agree that policy judgments can be embedded in the science. There’s a phenomenon among policymakers to try to disguise policy judgments as science, to say “the science makes me do it,” when in reality the science is too uncertain or indeterminate to drive a particular policy choice. Even if the science is very clear, there’s always a value judgment associated with a policy decision. Sometimes policymakers want to obscure the judgment component to reduce their own accountability and fob it off on the scientists. It’s important to keep
uncertainty in policymaking is how it intersects with public perceptions of risk. It would be great if we had a fully rational system with the right incentives that could use available information to maximize expected net benefits for society. But in a democratic political system, uncertainty quickly becomes politicized, both as a reason not to act and as a reason to act. So in a political system where you have to think about communication to a broader public and where you have actors with all kinds of incentives—incentives to trump up risk, incentives to downplay risk—you really have to think not just in terms of what a fully rational decision-maker might do, but how we in our political discourse are going to deal with scientific uncertainty. You also have concepts like the precautionary principle or burdens of proof where a lot turns on defaults. But if you’re going to default into some behavior in the face of uncertainty, then if everything’s uncertain all the time, your defaults are always going to govern.
UVAL: Is the system we have now working? Johnston: I would say no. Cannon: I would say it’s working. It’s not working as well as we would like it to work. I think it’s achieving some level of policy judgment based on scientific information, but it’s far from perfect.
Johnston: The reason I say no is because, for example in climate change policy, the science has been presented by the Intergovernmental Panel on Climate Change (IPCC) and by EPA in a way that
conceals rather than reveals the enormous uncertainties. The IPCC makes statements that really aren’t even scientific. They say that some things about recent climate are “unequivocally” true and that they are “highly confident,” or “confident,” or “somewhat confident” that certain kinds of projections about future harm and future climate change will occur. Those aren’t scientific statements. The IPCC uses an invented terminology that I would say was designed to conceal the uncertainty. Another example of the failure of current regulatory institutions when it comes to the use and evaluation of science is air pollution and the regulation of fine particulates. The entire system for calculating the cost and benefits of tightened standards for fine particulate regulation hinges on a set of scientific studies that are boiled down to a very simple number—a number that expresses supposedly the increase in expected mortality as concentrations of fine particulates increase—and that simple number really is meaningless when you look at what’s known about what actually causes increases in the kinds of mortality used in the fine particulate studies. If people actually saw what the data looks like, they’d realize that there is no true linear relationship between the level of particulates and mortality, and that using the slope of such a line (a linear regression) to say “we will save x number of statistical lives if we reduce fine particulars by y amount” is highly, highly misleading, indeed almost surely false. In the species area, the Fish and Wildlife Service looks mostly to the U.S. Geological Service for its scientific information about whether, for example, a particular population of mice constitutes a subspecies, but there’s no definition of what a subspecies is. That’s not even a really useful scientific category, and so the underlying science is all over the place. When you then present a finding from an agency that a particular population of
UVA LAWYER / SPRING 2014 27
Jon Cannon
mice is a subspecies and therefore has to be protected under the Endangered Species Act, it’s not revealing. It pretends to be a scientific conclusion, when in fact a true representation of the science would lead any reasonable person to conclude that we can’t even make a decision without weighing the consequences—not just for the mouse population but for local economies—of categorizing the population as a subspecies or not.
DECIDING NOT TO DECIDE Livermore: I think that’s the problem, right? If the conclusion is that we can’t make a decision, not a lot of decisions are going to get made in the face of scientific uncertainty. Typically, we face situations where we have to make a decision. That’s
28 UVA LAWYER / SPRING 2014
kind of the starting place. We have the information that we have. A decision has to be made. Not making the decision turns out to be defaulting into a decision to keep the status quo. So I think there are two questions. One is how ought the decision-maker take the relevant evidence into account in order to make the best decision possible. Then the second question, which I think is what Jason is touching on, is how a decision-maker should communicate the relationship between the final decision and the evidence the decision-maker used. I think the second question is at some level trickier. For example, in the particulate matter pollution case that Jason mentioned, should EPA communicate very broad risk parameters and say that fine particulates might cause great damage, or very little damage, or damage somewhere in between? Or is it
better to communicate just a central estimate? I think that’s a hard question to answer.
Johnston: I agree with that, though I don’t know if I would characterize the first question or problem the way Mike did, but it is true that deciding not to regulate is a decision just as much as deciding to regulate. But to presume that the decision has to be made at a particular time is already to embed in a normative criterion that it’s costly to wait. There is what we could call the regulator’s objectives, a sense that if we wait and don’t regulate and it turns out there’s some problem, there will be bad political fallout and public condemnation for the failure to regulate. But that’s not a product of science. That’s a product of the environment in which regulators operate. If we could take that away, I think a lot of times a regulator would postpone a decision until there’s more
certainty. But the political environment often makes it very difficult to say that, and instead regulators feel they have to make an up or down decision.
UVAL: How would you solve that? Johnston: There are various suggestions people have come up with. I personally think a lot of these problems come about because the regulatory agency that’s responsible for promulgating regulations also assesses the science, so one proposal is to separate those two functions. We could have a federal agency that just assesses science, but doesn’t promulgate regulations. You could separate the two functions. That’s one proposal. I don’t know if that would really work. Another proposal is to create systems for selecting the people who serve on scientific advisory boards. When there’s a competition among scientists at the frontier of science, you could appoint a board that comprises people on both sides of the scientific controversy. We don’t really do that now. You could also re-think the system that scientific assessment institutions currently use to assess the science. How should they aggregate the various scientific opinions? Nobody’s really tried to work on those problems yet, believe it or not. Nobody’s sat down and tried to formally think of how to best design these institutions to elicit from the scientists their honest opinion as to the strength and weakness of different studies. It’s not an easy problem.
Cannon: These are all good points. I think there’s some effort by agencies to move in a direction of more inclusive and more frequent review by outside scientists. This can enhance the credibility of agency science. EPA uses a Science Advisory Board of outside experts to review the quality of its science and research programs and relies on other groups of outside experts, like the Clean Air Science Advisory Committee, for guidance in particular program areas.
Significant work by EPA scientists used in decision making is subject to peer review. When issues arise about scientific methods or conclusions, EPA may submit those issues to the National Academy of Sciences for review. Sometimes the responses are flattering, and sometimes not. An agency like EPA is embattled. One of the battlefronts is the science that it produces or relies on, so to the extent that it can protect itself by getting broader acceptance of that science as good science, there is incentive for it to do so. Having scientific assessments done outside EPA might improve acceptance, but EPA or other agencies would still have to interpret the assessments. You can’t totally insulate the scientific process from the policy process.
SEPARATING SCIENCE DECISIONS FROM POLICY DECISIONS Livermore: This has been tried and this has been discussed for decades, this idea of separating the scientific decision-making from the policy decision-making. Part of the problem is that you can’t intellectually separate the scientific from the policy judgments, so all you’ve done is create a different institution that will be making science/policy judgments. It’s been tried. Where it’s been tried, like in the occupational health context, it’s not clear that it actually increases reliance on science because at some level, having the scientists in the political institution helps ground the decisionmaking in scientific norms. Part of the issue, I think, is also that we often ask scientists within agencies the wrong kinds of questions that have a statutory basis rather than scientific basis. For example, in the context of the Clean Air standards, the statute requires the agency to set cost-blind standards that are adequate to protect public health and welfare. That’s set
up as a scientific question, but it’s just not a scientific question. When you ask a bunch of scientists to answer a non-scientific question, you’re going to get gobbledygook back. We’ve set up the inquiry incorrectly. If we can figure out what the right inquiry is to be asking our scientific bodies and then use that an input in the policymaking process, we will have taken an important step.
SCIENTIFIC ADVISORY BOARD BIAS Johnston: That makes a lot of sense to me. If I could just respond to a couple of things Jon said. There is a problem with these scientific advisory boards. When 70% of the people on the EPA’s Clean Air Act scientific advisory board have been funded by EPA for many years to work on precisely the problem that they’re asked to act on as peer reviewers, that’s a problem. Now, it would seem like that’s an easy problem to overcome. You just change the composition of the board. But it’s not that easy to do because some of the things the agency’s interested in, say the health effects of ozone, are not really considered cutting edge scientific issues, and not many scientists are interested in them. Most of the people working on an issue such as ozone do so because EPA, or perhaps industry on the other side, is paying them to work on it. It’s a problem that the FDA has, too. When the FDA convenes a panel to consider the evidence for approval of a new drug, it’s very difficult for them to find people who aren’t paid consultants, either for that drug manufacturer or for a competitor. But if you disqualified everybody who’s being paid by somebody, then there wouldn’t be anybody in the room who knows anything about that drug or that category of drugs. Here is something else I wanted to pick up on. We now have competing agencies. Let me give you two examples: Bisphenol-A is a chemical that is found in plastics and there are two agencies concerned with it. One is
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the FDA, which has been funding people down at Research Triangle Park to do pretty much traditional animal toxicological studies. Well, now we have the National Institute for Environmental Health & Safety (NIEHS), which a few years ago approved another $30 million to study exactly the same chemical, funding a completely different set of scientists, and using a completely different methodology to look at Bisphenol-A. So we have two agencies each funding separate work using separate methodologies exploring the potential health hazards from this compound, and with different agendas. The FDA’s interest, if anything, seems to be in finding that Bisphenol-A is not as risky as people think. The NIEHS, on the other hand, is trying to find out whether it’s really risky.
Another example of competing agencies involves EPA. We’ve got all this controversy over fracking. On the one hand, EPA is compiling a bunch of evidence on the various adverse effects of fracking, from contamination of groundwater to air pollution. The Department of Energy is doing its own separate thing, employing different methodologies but looking at a lot of the same questions, so now we have this problem with agencies competing.
Cannon: I don’t think diversity is a bad thing. EPA and NIEHS have had differing views about non-monotonic dose response in certain chemicals. These agencies have different interests or points of view that get reflected in different positions on the
science, at least initially. But that diversity of views can be helpful; it can force fruitful deliberation and further research. It’s also important to remember that much of the science that gets done relevant to policy is not done by federal agencies. It’s done by universities and companies. All of the data that EPA relies on in pesticides registration and toxic chemical review is industry-generated. You have a whole sea of data flowing on these different issues, and part of the challenge now, because the data is so huge, is systematically canvassing it and synthesizing it into some meaningful pattern that policy-makers can use.
Livermore: Just to return to the earlier point that Jason made about funding and
Jason Johnston
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outside bias. Most of the experts on the issue will have received funding at some point in their careers from agencies. I think this is an interesting area for institutional reform. For example, EPA has done some work with the National Science Foundation (NSF) where they jointly fund scientific research that EPA is ultimately going to rely on. NSF needs the agency involved because EPA knows the questions that need answers, but some separate entity, like the NSF or NIH, could be required to make some judgments about which researchers get the funding. That seems like a very promising institutional reform.
That’s a separate problem. How do you communicate these complex scientific studies? Before science is used by an agency, there has got to be a discussion not only of the evidence that supports a particular regulatory decision, but also of the evidence and studies on the other side. There has to be an opportunity for rebuttal by the scientist whose work has been discounted by the agency.
JUDICIAL DEFERENCE UVAL: Does peer review figure in this? Livermore: The administrative process
DATA PURITY UVAL: What about public allegations that agencies or companies are funding studies to reach certain findings, so that is exactly what they’re going to find? Johnston: Well, let’s put it this way. Nobody’s making stuff up. Even if it’s true that somebody receiving funding from a particular entity knows the answers the entity would like, and somebody sets up a study that does generate answers that are consistent with the funding entity’s preferences—and this is really important from my point of view—it still has to be the case that the results of those studies have to be presented transparently so people can critique the study and understand how it was done. The biggest problem comes when things are hidden and it’s difficult to find out the methods used and what the data was. You really need transparency. In a sense, one proposal is that everything should be presented in the way we’re accustomed to in the Law School, in the legal world, which is in the form of a law office memo: here’s this side and here’s the other side, and everything is presented very transparently and thoroughly. Maybe that would give the public more confidence at least.
figures in this. At some level I think the “arbitrary and capricious” review does require the agency to respond substantively to adverse evidence that’s in the administrative record. If the agency fails to do that, it’s not a guarantee that the regulation’s going to get knocked down by a court, but they are subjecting themselves to substantial risk. Now, we might ask whether a generalist Article III judge is the best person to make sure that the scientific exploration that Jason was talking about is actually carried out by the agency in a rigorous way, but at some level that is the idea behind “arbitrary and capricious” review as it relates to scientific inquiry.
Johnston: Well, here’s the problem with that, and it’s something I’m working on. I’ve got a theoretical paper that shows that even if the reviewing entity is really random and bad, that is still a good thing in terms of increasing incentives for the experts to be fully honest in presenting their evaluation of the science. My model would imply, for instance, that the fact that Article III judges are just generalists is not such a bad thing because if you know in advance that they’re going to do their own assessment of the science, and you’re the scientific expert contributing to the process, you know you have to be more credible, with more evidence, precisely because they are pretty
random in their own assessment. But right now the way it works for the most part in the courts is that they’re unbelievably deferential to agency scientific findings. It’s almost impossible to find a federal circuit court of appeals ever overturning an agency on the grounds that the science wasn’t adequate. It’s really just extremely deferential. Nobody reviews the agency’s science. Congress doesn’t. The courts don’t. Nobody does. And experts know a lot about their subject, but they also have policy preferences, and any time that’s true you cannot expect an expert to give you an unbiased, expert opinion. Our problem is that we act as if experts and scientists are saints, completely unbiased and unaffected by selfinterest. The evidence defies that belief.
Cannon: But I think that’s inevitable. Policy-relevant science is inevitably in the political realm, so it’s going to be debated from the standpoint of different interests and how they’re affected by it. It’s already part of the adversarial process, whether scientists like it or not. EPA’s [2009] greenhouse gas endangerment finding is an example. The Agency’s assessment of the climate science drew from a lot of different peer-reviewed sources. That assessment was subject to internal federal scientific review and notice and comment rulemaking, in which adverse comments on the Agency’s assessment were made and became part of the record that the agency had to defend when it went up on appeal. The scientific process here was inextricably bound up with the policy decision, whether to regulate greenhouse gas emissions, and has continued to be debated by those with an economic and political stake in the outcome—not only in the courts but in Congress and other public venues.
REVIEWING THE REVIEW PROCESS Johnston: People on the other side of this, such as me, would look at the agency’s response to the outside comments critical of
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Michael Livermore
its assessment and read the agency’s dismissal of one or another comment and say, “That’s false, that’s just wrong. It’s a misstatement of the science.” But the way things are now, it doesn’t make any difference how many of us look at that and say the EPA said a bunch of things that are wrong. The court’s not going to look at it that way. As long as the agency responds, no one’s going to scrutinize the response.
Cannon: We should have review processes that are as balanced and objective as possible. But at some point, you’ve got to cut off the process and let decisions be made and implemented. I think that’s part of the tension here.
Johnston: And I shouldn’t overestimate the problem. After all, members of Congress—right now, given the political
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composition of Congress, primarily and most importantly the House Committee on Science, Space, and Technology—do bring in experts on the other side and convene hearings with people from the other side. So Congress has an opportunity to hear about this, and they do hear about it.
Livermore: We’ve experimented with more formalized processes for overseeing agency decisions where experts submit testimony under oath and are subject to cross-examination. The downside of that is it’s just not used because it takes an enormous amount of time and agency resources, and it’s not obvious that you’re getting a better outcome. The famous example used was when the FDA took several years to compile thousands pages of documents to figure out the correct percentage of peanuts in peanut butter. You can really build out the
regulatory processes but it’s not obvious that you are improving outcomes, and there does have to be a point where you end analysis and make a decision. But on the other hand, we don’t want to incentivize agencies to hide behind the science. Under President George W. Bush, EPA made a policy decision not to address greenhouse gases under the Clean Air Act. That wasn’t a scientific decision that climate change isn’t real, but a policy decision not to move forward with regulation. And the administration was very clear about that, which is why in Massachusetts v. EPA, the Supreme Court struck it down, because it wasn’t a scientific decision. If the Bush Administration had cloaked that policy choice as a scientific determination, they might have gotten more deferential review. I agree with the Court’s decision in that case, but there is a worry that it creates skewed incentives.
JUDGMENT CALLS AND MANAGING RISK Johnston: Here’s my problem with the greenhouse gas endangerment finding. EPA doesn’t have a bunch of top-flight climate scientists. There are a lot of climate scientists, but not in the EPA. EPA relied primarily on the IPCC’s assessment report and some reports done by the United States Global Change Research Program. The problem is, those assessment reports are not prepared in a way that presents the evidence and the counter evidence. One of the contributors to the book we put out a couple of years ago on institutions and incentives and regulatory science explicitly proposed that assessment reports be done differently. The contributor would do what Mike just explained about the peanut butter and require an opportunity for cross-examination. It has to be a trial-like procedure, at least within the scientific assessment body, at least to the extent that the assessment report fully reflects the different views. It would’ve been a different discussion for EPA if it had used assessment reports that really were transparent in fully revealing areas of active scientific disagreement.
Johnston: I think it would have forced EPA—maybe I’m wrong, and these guys can disagree with me— I think it would have changed the kind of document they would have produced.
Johnston: The uncertainty in science and Cannon: It might have. But endangerment, as your question suggests, is still a judgment. A lot of people have different opinions about what level of risk reaches the level of endangerment. If everyone agreed on the level of risk and the uncertainty surrounding it, it would be more straightforward.
Johnston: Well, it wouldn’t have mattered in terms of judicial review because the courts are so deferential.
UVAL: So EPA gets the balanced reports and then they decide to make an endangerment finding. They’re getting into policy since they’ve been charged to make a decision.
the actual process of science on the frontier with radically competing viewpoints is not very well understood or represented in the regulatory process. That’s what I think.
UVAL: Do you think that airing all of the competing evidence would have changed the debate?
Livermore: There are two pieces here. Would it have changed EPA’s judgment about endangerment, and would it have changed the public justification for the endangerment finding? My guess is that the folks at EPA are sophisticated enough that their judgment wasn’t clouded by the setup of the IPCC report. They were aware of the science and I doubt whether it was packaged in a particular way by the IPCC had major consequences for the agency’s own internal deliberations.
UVAL: Maybe it gave them political cover, if nothing else. Livermore: That’s a different question. I’m
UVAL: But if they had done that—let’s assume they did—how would the result differ?
manage risk, but the content of the information they use to make that decision is not presented as being as uncertain as it is.
assuming that, at least initially, the agency’s just trying to figure out the right answer. But then there’s the political question, and it’s certainly plausible that if the IPCC report had looked different, the agency’s public justifications would’ve looked different, although I’m not sure that its internal deliberations would have been different.
UVAL: So science, however uncertain its findings, does have a role in defining risk? And policymakers have to make a decision on how to
Johnston: I think it would change the debate. I don’t know about outcomes, but I think it would change the debate.
Livermore: The question is whether it would change the debate in a good way or not. I take this back to the question of public discourse. When one wants to communicate something to someone, you need to be mindful that what you say is not always what the audience hears. It’s not realistic to expect citizens to gain a high level of sophistication on every scientific question with policy implications. We have scientists and experts that specialize in these matters. If we’re not going to have a population, or even a Congress, that’s composed entirely of scientists, it will be impossible to effectively communicate all the nuances at the frontiers of scientific understanding. And trying to do so might end up causing more confusion than clarity.
UVAL: Thank you very much for your time.
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FACULTY NEWS & BRIEFS
Since 2012 BARBARA ARMACOST ’89 has participated in a unique book project in which pairs of law professors and theologians collaborated. The book explores what various parts of the biblical text might have to say about law and legal institutions. The group first met in the winter of 2012 for a roundtable conference in which each collaborating pair presented a first draft of its chapter. The reason for the law/theology collaboration was to make sure they were reading the biblical text in a way that did justice to its original context and audience but were also drawing enduring themes that could have something to say about modern legal, institutional, and ethical issues. Their initial roundtable brought together a diverse group of experts from the disciplines of theology and law. (Law professor contributors included, among others, David Skeel from University of Pennsylvania, Bob Cochran from Pepperdine University Law School, John Nagle
Last fall MARGO BAGLEY presented “Apple v. Samsung and Multinational Patent Litigation” to the J.B. Moore International Law Society at the Law School. She published Patent Law in Global Perspective, (Ruth L. Okediji and Margo A. Bagley, eds. Oxford University Press, 2014) and one of the included chapters, “Patent Barbarians at the Gate: The Who, What, When, Where, Why & How of U.S. Patent Subject Matter Eligibility Disputes.” In January she presented that chapter at
from Notre Dame, and John Witte Jr. , from Emory University Law School). The discussion on their drafts was “rich and formative,” according to Armacost. Over the next year, each pair continued its collaboration, applying the insights gleaned from the conference. The book, Law and the Bible: Justice, Mercy and Legal Institutions, was completed in 2013 with an introduction by Witte. Armacost collaborated with Old Testament scholar, Peter Enns, on a chapter entitled “Crying Out for Justice: Civil Law and the Prophets.” More recently, Armacost participated in a panel discussion on the case Sebelius v. Hobby Lobby with Doug Laycock and Rich Schragger. Students from a range of organizations sponsored the panel (St. Thomas Moore, Law Christian Fellowship, and Advocates for Life), which was strategically scheduled for the day before the oral argument in the case. Armacost is also working on an article entitled “Immigration Policing: Federalizing the Local,” which explores the ways in which engaging state and local police in immigration enforcement changes the shape of policing in ways that are counterproductive to ordinary law enforcement.
Vanderbilt University School of Law. In February Bagley provided expert assistance to the government of Mozambique in the World Intellectual Property Organization (WIPO) Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore 26th session negotiations
MICHAL BARZUZA published “Noise Adopters” in the Columbia Business Law Review 627. She was also a panelist at a conference on Financial Regulation and Comparative Corporate Governance at Tel Aviv University and on “Incorporation and the Nevada Delaware Debate, Power and Control” at the Law School in February. Last year Barzuza participated in conferences and workshops at UCLA, Fordham, Brooklyn, and Vanderbilt.
in Geneva, Switzerland. She also presented “Improving Search and Examination in Developing Country Patent Offices” at South Centre/Third World Network WIPO ICG Side Event in Geneva. In March Bagley presented “Issues in Patenting Genetic Resource-based Inventions” at the American Chemical Society National Meeting in Dallas and served as a facilitator to the chair of the WIPO IGC 27th session.
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FACULTY NEWS AND BRIEFS …
RICHARD BONNIE ’69 is chairing three consensus studies for the National Academy of Sciences. One study will propose a strategic plan for the federal government to implement a “developmental approach” to juvenile justice reform. The Justice Department’s Office of Juvenile Justice and Delinquency Prevention, the MacArthur Foundation, and the Annie E. Casey Foundation requested the expedited study after the National Research Council released its influential report on juvenile justice reform in 2013. (That study was also chaired by Bonnie.) The Institute of Medicine asked Bonnie to head a consensus study charged with conducting a comprehensive review of federal and state policies and programs affecting the health, safety, and well-being of young adults, taking account of substantial demographic, cultural, social, and economic changes. The premise for the study is that medical and social science research typically classifies the population in two categories, juveniles/minors (under 18) and adults, without providing an integrated look at the extended transitional period of early adulthood. A third study, requested by Congress in the Tobacco Control Act of 2009, looks at a very specific legal policy issue—whether the minimum age for purchasing tobacco products should be raised to 21. In December, the Institute of Law, Psychiatry and Public Policy, headed by Bonnie, released a major report on emergency mental health evaluations in Virginia. It gives an objective and detailed review of Virginia’s emergency mental health system, sheds light on persistent gaps in available services, and illustrates the need for timely access to mental health services, including access to crisis response services and psychiatric beds. In May Bonnie delivered the Lattimer Lecture at the New York Academy of Medicine. In his lecture, “The Sudden Collapse of Marijuana Prohibition,” he described the emergence of prohibition during the early decades of the twentieth century, reflected on his experience as associate director of the Commission National Commission on Marijuana and Drug Abuse, and traced the uneven pace of reform since the Commission recommended decriminalization in 1972.
In February
BRANDON GARRETT’S book
KEVIN COPE
Too Big to Jail: How Prosecutors Compromise with Corporations is forthcoming from Harvard University Press this summer. His previous book with Harvard Press, Convicting the Innocent, will have translations in Taiwan and Japan published this year. This year he has forthcoming “The Constitutional Standing of Corporations” in the University of Pennsylvania Law Review; “Accuracy In Sentencing” in the Southern California Law Review; “Images of Injustice” (chapter in Punishment and Popular Culture, ed. Austin Sarat & Charles Ogletree); “Eyewitness Identifications and
published a blog post on the Summit online international law forum (sponsored by Georgetown Law).
ASHLEY DEEKS has published a book chapter, “Taming the Doctrine of Preemption,” in an edited volume, The Oxford Handbook on the Use of Force, Marc Weller ed., publishing in April.
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In November KIMBERLY EMERY ’91 was appointed by Cynthia Kinser ’77, chief justice of the Virginia Supreme Court, to serve on the new Virginia Access to Justice Commission established by Court order in September. Emery is the Commission’s representative for law schools.
Police Practices in Virginia” in the Virginia Journal of Criminal Law; “The Banality of Wrongful Convictions” in the Michigan Law Review (book review of Dan Simon, In Doubt, and James Liebman et al., Los Tocayos Carlos); and “Applause for the Plausible” in the University of Pennsylvania Law Review online. His commentary includes “Too Big to Jail?” In the Harvard University Press Blog; “For a Better Way to Prosecute Corporations, Look Overseas” in the New York Times (with David Zaring); and “It’s High Time for Lineup Reform” in the Richmond Times-Dispatch. Garrett also wrote DNA Exonerations in the United States for the United Nations, OHCHR Global Panel, “Moving Away from the Death Penalty: Wrongful Convictions;” and Corporate AntiCorruption Prosecutions in the United States for the fifth session of the International Forum on Crime and Criminal Law in the Global Era. Jon Ashley and Garrett are preparing substantial additions to the data resource collections the Law School’s Morris Law Library
FACULTY NEWS AND BRIEFS …
Last spring
KIM FORDE-MAZRUI was appointed the Mortimer M. Caplin Professor of Law. In October he delivered a lecture in honor of the appointment, entitled “The Canary-Blind Constitution: Must Government Ignore Racial Inequality?” He delivered a similar presentation this January as the keynote Martin Luther King Day lecture at the University of Michigan Law School. Forde-Mazrui also co-organized two conferences last spring. In March he and Deborah McDowell, UVA Professor of English and Director of the Carter G. Woodson Institute for African-American and African Studies, and Lawrie Balfour, UVA Professor of Politics, organized a two-day conference at UVA, entitled, “Does Reparations Have a Future? Rethinking Racial Justice in a ‘Color Blind’ Era.” In April 2013 Forde-Mazrui, along with R. Richard Banks (Stanford Law) and Guy-Uriel Charles (Duke Law) hosted a two-day roundtable at Stanford during which 20 law professors from around the
maintains on organizational prosecution agreements, both plea agreements, and deferred and non-prosecution agreements. In November Garrett presented “Wrongful Convictions and the Death Penalty” at the ABA Carter Center Death Penalty Conference and “The Rule of Law and Wrongful Convictions” at the 2013 U.S.-China Legal Experts Dialogue. He also spoke on “The Law and Science of Eyewitness Memory” at the Law School Foundation Board and Faculty luncheon. In January he gave a talk on contamination of confessions
country gave commentary on their forthcoming casebook, Law and Race: Consensus and Controversy in Twenty-First Century America; R. Richard Banks, Kim FordeMazrui, Guy-Uriel Charles, and Cristina Rodríguez, (Foundation Press, forthcoming 2015). In fall of 2013 Forde-Mazrui published “Does Racial Diversity Promote Cultural Diversity?: The Missing Question in Fisher v. University of Texas” in the Lewis & Clark Law Review. The article examines the relationship between racial diversity and cultural diversity in higher education, and the implications of that relationship for the constitutionality of race-based affirmative action. Earlier in July, he presented a draft of the article to UVA’s Working Group on Racial Inequality. Forde-Mazrui delivered several presentations over the past six months. In November he delivered a talk entitled “Two Trends in Affirmative Action Law Revealed by Fisher v. University of Texas” during a plenary session on Access, Affirmative Action, and Admission that was part of the 2013 Virginia Universities and Race
at a conference at Washington & Lee School of Law, spoke on the constitutional standing of corporations at an American Constitution Society conference at the Law School, and testified in the Virginia House of Delegates, Committee for Courts of Justice, at a Hearing on H.B. No. 805 concerning regulating law enforcement lineup policies. He also continues to advise law enforcement agencies and DCJS concerning model policies on lineups in Virginia. In February Garrett gave a talk on eyewitness misidentifications at William & Mary School of Law.
Histories conference held at UVA. In January Forde-Mazrui delivered remarks entitled “Is Johnson’s War on Race Disparities in Infant Mortality Unconstitutional Today?” as part of a conference on President Lyndon B. Johnson’s Great Society and Beyond held at the University of Baltimore School of Law and sponsored by the Mid-Atlantic People of Color Legal Scholarship Conference. In February he presented an argument in favor of the constitutionality of race-based affirmative action entitled, “Taking the Federalist Society Seriously: A Constitutional Defense of Affirmative Action.” The presentation was part of a debate held at the Law School with Hans von Spakovsky of the Heritage Foundation, sponsored by the Federalist Society and the Black Law Students Association. FordeMazrui also gave a presentation entitled “What Can Race Law Learn from Disability Law?” at a conference on Disabling Normalcy held at UVA. This spring Forde-Mazrui was selected as one of “50 Under 50 Outstanding Law School Professors” in Lawyers of Color, Law School Diversity Issue (2014).
In addition to his vice dean duties, GEORGE GEIS has completed four recent publications: “Shareholder Derivative Litigation and the Preclusion Problem” in the Virginia Law Review; “Gift Promises and the Edge of Contract Law” in the Illinois Law Review; “The Economics of Contract Law: A Business Outsourcing Application,” a chapter in a book published in India on law and economics (Sage); and “Shareholder Power in India,” a chapter in a forthcoming book in the United States on shareholder power (Edgar Elgar press). Geis has also given recent presentations at the University of Warsaw, the University of Chicago, and the University of Colorado; and taught a short course on applied problem solving at the Georgetown Law School in January.
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FACULTY NEWS AND BRIEFS …
In 2014
In February MICHAEL GILBERT presented “Insincere Rules” at the Law and Economics Workshop at Berkeley’s Law School. He will present the same paper at the annual meetings of the American Law and Economics Association in May. Gilbert presented “The Problem of Voter Fraud” at the Constitutional Law Schmooze at the University of Maryland in February. He presented the same paper at the annual meetings of the Midwest Political Science Association in April. He also participated in a symposium titled “The Future of Campaign Finance Reform” at Duke Law School.
In the fall RISA GOLUBOFF gave her John Allan Love Chair Lecture at the Law School, “People out of Place: A Constitutional History of the Long 1960s.” She gave the same lecture at the American History Seminar of the Woodrow Wilson International Center for Scholars and the American Historical Association, which was aired on CSPAN, and at George Washington University. Goluboff was a guest on the radio show Backstory with the American History Guys, discussing the history of the Fair Labor Standards Act. In June Goluboff will moderate a discussion with Todd Purdham on his book on the Civil Rights Act of 1964 for the Aspen Institute’s monthly lunchtime book series. And in September she will moderate a seminar on constitutional history for the Congressional Research Service’s launch of “The Constitution of the United States of America: Analysis and Interpretation” (CONAN), at the Library of Congress.
DEENA HURWITZ received grants from the UVA Center for Global Inquiry & Innovation to pursue research with a colleague in the Politics Department, Jonah Schulhofer-Wohl, on women’s rights, Islam, and the rule of law. They will begin this research in Palestine this May. Hurwitz taught a session on Human Rights and Islam for the Judge Advocate General Legal Center & School Emergent Topics Course in March, and she has been invited to be a UVA Center for Global Health Faculty Fellow. She is participating in the UVA-Department of State “Diplomacy Lab” Project, supervising three inter-disciplinary student teams on Assessing the Efficacy of Transitional Justice Mechanisms; Mapping and Analysis of Pro-LGBT Work by Religious Organizations; and Legal Reform Under Shari’a Law. Hurwitz is supervising students in the Human Rights Clinic who have drafted a training module on maternal health rights for the Guatemala based Women’s Justice Initiative (founded by Kate Flatley ’08); writing an amicus brief for the African Commission on Human Rights on the violations of the rights of Eqyptian women protesters who were subjected to forced virginity tests in the custody of the Egyptian military; working on a legislative project concerning government accountability for corporate human rights violations, and a petition to the Inter-American Commission on Human Rights in a Virginia case involving access to justice, gender, race and socio-economic discrimination, in the context of contested custody and child sexual abuse.
38 UVA LAWYER / SPRING 2014
ANDREW HAYASHI has published three articles: “Property Taxes and their Limits: Evidence from New York City” will be appearing in the Stanford Law and Policy Review; “The Legal Salience of Taxation” will be published in the University of Chicago Law Review; and the third is a short response piece to Ryan Bubb and Richard H. Pildes’s piece: “How Behavioral Economics Trims Its Sails and Why” Hayashi wrote with Michael Livermore and Quinn Curtis that will appear in the Harvard Law Review Forum. Hayashi is currently working on three other projects; the effects of state mortgage foreclosure laws on household credit use; developing an economic analysis of legal rules that incorporate subjective intent; and a third that explores the potential benefits of setting off, or “netting,” government taxes and transfers to individuals across different programs and different levels of government.
In January Penn Press published Does Regulation Kill Jobs? (edited by Cary Coglianese, Adam M. Finkel & Christopher Carrigan), which included a chapter authored by MICHAEL LIVERMORE (with Jason Schwartz) titled “Analysis to
FACULTY NEWS AND BRIEFS …
Inform Public Discourse on Jobs and Regulation.” Another chapter by Livermore, “Environmental Law and Economics” (with Richard L. Revesz), will appear in the Oxford Handbook of Law and Economics. In April Livermore, along with Quinn Curtis and Andrew Hayashi, published an invited response in the Harvard Law Review Forum to “How Behavioral Economics Trims its Sails and Why” by NYU Law Professors Ryan Bubb and Richard Pildes. In their response, Curtis, Hayashi, and Livermore discuss and critique the role of behavioral economics theory in informing real-world regulatory policy.
In May Livermore was hosted by Ambassador Julissa Reynoso at the U.S. Embassy in Montevideo, Uruguay, for a multi-day visit with academics and government officials on his recently published book “The Globalization of Cost-Benefit Analysis in Environmental Policy” (Oxford University Press, 2013) (ed. with Richard L. Revesz). He also presented his forthcoming article “Rethinking Health Based Environmental Standards” (NYU Law Review, also with Revesz) at the American Law and Economics Association Annual Meeting at the University of Chicago.
In November DAVID MARTIN participated in a roundtable hosted by Yale Law School titled “Immigration Reform: The Good, the Bad, and the Possible.” Convening academics and activists, the conference analyzed the bill that passed the Senate by a wide margin in June 2013, assessed prospects for the House to pass its own bill, and considered possible scenarios if legislation is not finalized in 2014. Later that month Martin participated in a U.S.–China Legal Experts Dialogue, convened at the Morven Estate in Charlottesville by the U.S. Department of State and the Chinese Foreign Ministry to consider ruleof-law reforms. Also in November Martin appeared in a lengthy dialogue on the PBS News Hour, moderated by Gwen Ifill, discussing the extent of the President’s power to exercise prosecutorial discretion in implementing and enforcing the immigration laws. In December Martin was invited to give the opening presentation to a different group of 40 Chinese officials and academics investigating migration management
In January RUTH MASON presented at a Pepperdine tax analysts conference on “Tax in a Time of Crisis.” In February she presented “International Law Constraints on U.S. International Tax Policy” at the Urban Institute in Washington, D.C., and gave a talk at the University of Minnesota moderated by the Chief Judge Delapeña of the Minnesota Tax Court on federal-state tax-base conformity. In April and May Mason will present her paper on citizenship taxation at faculty workshops at Washington and Lee, Tulane, the Max Planck Institute in Munich, and the Sorbonne in Paris. Also in May Mason will participate in a panel at Bocconi University in Milan on base erosion and profit shifting. She will also serve with Josh Blank of NYU as reporter for the United States to the European Association of Tax Law Professors Annual Congress. The Congress will take place in Istanbul and will focus on strategies to combat off-shore tax evasion.
systems in other countries. The group came to the Law School for this lengthy session. Martin lectured and provided materials on the structure and history of U.S. immigration controls. In February Martin was part of a bipartisan group of six former government officials, which included former Attorney General Michael Mukasey and former INS Commissioner James Ziglar, filing an amicus brief urging the granting of certiorari in Acebo-Leyva v. Holder. The brief asked the
Court to resolve a circuit conflict over the retroactive effects of certain provisions in the 1996 Immigrant Responsibility and Illegal Immigration Reform Act. A few weeks later, the Board of Immigration Appeals issued a new precedent decision holding that the provision in question should not be applied retroactively—the interpretation urged in the amicus brief. In March Martin was a panelist at a conference at Yale Law School, “The Globalization of High Seas Interdiction,” held on the twentieth anniversary of the Supreme Court’s decision in Sale v. Haitian Centers Council. That decision found no domestic or international law violation in the U.S. government’s then-extant policy of interdicting Haitian migrants and returning them to Haiti without screening for refugee claims. A 2012 decision of the European Court of Human Rights, in contrast, found multiple legal violations in similar practices conducted by Italy. Martin’s contribution, voicing focused skepticism regarding the ECHR decision, was published on the Opinio Juris blog.
UVA LAWYER / SPRING 2014 39
FACULTY NEWS AND BRIEFS …
JOHN MONAHAN wrote the afterword to Violence Risk-Assessment and Management: Advances Through Structured Professional Judgment and Sequential Redirections (2d ed.) by Webster, C., Haque, Q., and Hucker; “Risk Redux: The Resurgence of Risk Assessment in Criminal Sanctioning” (with Skeem, J.) in Federal Sentencing Reporter; and Social Science in Law: Cases and Materials (eighth edition, with Larry Walker). He has in press “Legal Process and Social Science: United States” in The International Encyclopedia of Social and Behavioral Sciences, 2nd Ed.,(R. Greenspan and K. Levine, Eds); “The Evolution of Violence Risk Assessment” (with Skeem, J.) in CNS Spectrums; and “Social Science in Law: Continuity and Change” (with Walker, L.) in the Oxford Handbook of Psychology and Law (Melton, G. B., & Ogloff, J. R. P. (Eds.).
The 38th annual conference of the Center for Oceans Law and Policy, which JOHN NORTON MOORE directs, will take place this June in Bergen, Norway. The conference topic is Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries. The volume of papers from this conference, which Moore will co-edit, will be published by Martinus Nijhoff in early 2015. The volume of papers from the 37th annual conference, Freedom of Navigation and Globalization (forthcoming 2014), is in preparation and is co-edited by Moore, Myron Nordquist, and Robert Beckman. The 19th session of the Rhodes Academy of Oceans Law and Policy will take place this summer in Rhodes, Greece. Moore will teach four classes at the academy. This June the Center for National Security Law, which Moore also directs, will host its 22nd National Security Law Institute. Moore will teach classes at the Institute on Understanding War, Institutional Modes of Conflict Management, and the Use of Force in International Relations. The center will co-sponsor with the ABA the 24th Annual Review of the Field of National Security Law Conference November 6–7 in Washington, D.C. In November of 2013 the ABA’s Standing Committee on Law and National Security presented Moore with the Morris I. Leibman Award in Law and National Security, which is among the highest honors given to national security lawyers. In February of this year Moore spoke on international investor-state arbitration at the Law School colloquium, “Crossing Borders: Rethinking International Development,” and he participated in the workshop, National Security Law: A View from the Inside, also held at the Law School.
GREG MITCHELL received the University of Virginia’s 2014 All-University Teaching Award (see the Law School News section for related article). Mitchell and his co-author Philip Tetlock participated in the Critical Review’s symposium on Neil Gross’ book, Why Are Professors Liberal and Why Do Conservatives Care? Mitchell and Tetlock are also publishing a chapter on implicit prejudice research in the forthcoming book Psychological Science Under Scrutiny: Recent Challenges and Proposed Solutions.
40 UVA LAWYER / SPRING 2014
In February ROBERT O’NEIL and Barrett Prettyman, Jr. ’53 shared the podium for a retrospective law clerks’ review of the careers of several Supreme Court Justices. The program took place in the federal courthouse in Oklahoma City (a new building across from the Murrah Courthouse Plaza and Memorial Park.) It was sponsored by the Oklahoma City Federal Bar Association under the aegis of a 10th Circuit judge and brought out all the federal and many state judges and local lawyers. O’Neil was there in person while Prettyman appeared via video conference—he recalling Justices Jackson and Frankfurter for whom he clerked, while O’Neil recalled Justice Brennan as a mentor.
In January DOTAN OLIAR published “Copyright Preregistration: Evidence and Lessons from the First Seven Years, 2005–2012” (with Nicholas Matich) in the Arizona Law Review. This is a quantitative and interview-based study of copyright’s recently-established early registration system of yet to be completed copyrighted works. It is relied upon heavily in the movie industry. Oliar also presented “Who’s Copyrighting What: An Empirical Analysis of Copyright Registrations” at the University of Texas Law School. The article was selected for presentation at the 24th annual meeting of the American Law and Economics Association in May at the University of Chicago. The article, co-authored with Nate Pattison and Ross Powell, is an empirical study of copyright registrations, and will be published in the Texas Law Review later this year.
FACULTY NEWS AND BRIEFS …
In March 2013 MILDRED ROBINSON moderated a panel at Symposium 40th Anniversary—San Antonio v. Rodriguez at the University of Richmond School of Law. Robinson published “It Takes a Federalist Village: A Revitalized Property Tax as the Linchpin for Stable, Effective K–12 Public Education Funding” as an article in the Richmond Journal of Law and the Public Interest and as a book chapter in The Enduring Legacy of Rodriguez: Creating New Pathways to Equal Educational Opportunity (tentative title). Her essay, “Skin in the Tax Game: Invisible Taxpayers? Invisible Citizens?,” is forthcoming in the Villanova Law Review. The essay is based upon her lecture as the 2014 Dr. Martin Luther King, Jr. Memorial speaker at the Villanova University School of Law in January.
In January GEORGE RUTHERGLEN attended a conference at Stanford on the 50th anniversary of the Civil Rights Act of 1964 and is scheduled to attend another at Boston University in October. His papers for these events are “Title VII as Precedent: Past and
Prologue for Future Legislation” and “Private Rights and Private Actions:The Legacy of Civil Rights in the Enforcement of Title VII.” In addition Rutherglen is publishing articles on “Sovereignty, Territoriality and the Enforcement of Foreign Judgments” in the Virginia Journal of International Law (with James Stern); “The Origins of Arguments Against Reverse Discrimination: Lessons from the Civil Rights Act of 1866” in The Greatest and Grandest Act: The Civil Rights Act of 1866 from Reconstruction to Today (Christian Samito, ed. 2014);
In March FRED SCHAUER delivered the Julius Stone Address at the University of Sydney (Australia) with the title “Do People Obey the Law?,” and published “Modeling Tolerance” in the Journal of Institutional and Theoretical Economics, and “Analogy in the Supreme Court: Lozman v. City of Riviera Beach” in The Supreme Court Review. He also published “Stare Decisis and the Selection Effect” in Precedent in the United States Supreme Court (C.J. Peters, ed.), and will be publishing “Our Informationally Disabled Courts” in Daedalus (special issue on courts, Linda Greenhouse & Judith Resnik, editors) in August. Schauer also taught sessions on “Constitutionalism,” “Constitutional Rights,” and “Constitutional Interpretation” at the Masters Course in Legal Theory at University of Genoa, Italy; presented “Free Speech on Tuesdays” at University of Chicago Law School; and spoke on “Civil and Common Law Constitutionalism” and “Free Speech in Comparative Perspective” at University of Lucerne in Switzerland, and on “A Right to Know?” at a conference on Philosophy of Information at Duke University.
“The Thirteenth Amendment” in American Governance (Laurie Malashenko ed. 2014); and
“Sovereignty, Authority, and Personal Jurisdiction: Decisions in Search of Rules.”
Last fall RICH SCHRAGGER participated in drafting an amicus brief in support of the government in Sebelius v. Hobby Lobby Stores, Inc., which was argued in March at the Supreme Court. In April he presented a chair lecture on “Can Cities Govern?” marking his appointment as the Perre Bowen Professor of Law.
UVA LAWYER / SPRING 2014 41
FACULTY NEWS AND BRIEFS …
In June BARBARA SPELLMAN was an invited guest to the White House celebration of Champions of Change for Open Science. She was elected to the governing board (as a member-at-large) of the section on psychology, American Association for the Advancement of Science for the term 2014–18. Spellman continues as editor in chief of the journal Perspectives on Psychological Science until 2015. She has published “Blame, Cause, and Counterfactuals: The Inextricable Link,” a comment on: “A Theory of Blame” in Psychological Inquiry (with Gilbert, E. A. and in press); “Is Expert Evidence Really Different? (with Schauer, F.) in the Notre Dame Law Review; “Stereotypic Crimes: How Group-Crime Associations Affect Memory and (Sometimes) Verdicts and Sentencing” (with Skorinko, J. L.) in Victims & Offenders; “Social Cognition and the Law” (with Schauer, F.) in the Oxford Handbook of Social Cognition (D. Carlston (Ed.); and “There is No Such Thing as Replication but We Should Do it Anyway,” a comment on “Recommendations for Increasing Replicability in Psychology” in the European Journal of Personality.
PAUL STEPHAN ’77 is one of the reporters for the Restatement (Fourth) of the Foreign Relations of the United States-Jurisdiction. They presented a council draft to the ALI Council in January, received approval, and a tentative draft representing a portion of the overall project will be presented to the ALI membership for discussion and approval in May. In February Stephan presented at a workshop at Duke his paper, “Courts on Courts,” which was just published by the Virginia Law Review. In March Stephan moderated a panel on the “Law of Nations” at the colloquium organized by the Virginia Law Review.
42 UVA LAWYER / SPRING 2014
In April Stephan took part in a panel discussion of the Restatement at the annual meeting of the American Society of International Law and at the Potomac Valley Foreign Relations Law Roundtable hosted by GW Law School. In May Stephan will host and serve as a commentator for the Southeastern Branch of the American Society of International Law Young Scholars’ Workshop at the Law School. He will also take part in a conference, and deliver two papers, at Sapienza University in Rome on the topic of the political economy of international law and will be a scholar in residence in the London offices of Wilmer Hale. In July Stephan will teach public international law in the University of San Diego’s Paris summer program.
Spellman has also conducted a number of workshops and talks about trends in psychological science and other life sciences that question research and publication practices. One was based on her book in-progress, The Evolution of the Revolution, at the invited symposium, The Replication Revolution: One Year On, at the annual meeting of the Association for Psychological Science in May. Last year she lectured on “Putting Humpty Dumpty Together Again: (Re)Creating a Whole and Healthy Psychological Science” at the University of Amsterdam and Tilburg University in The Netherlands; held a workshop on “Psychological Foundations of Evidence Law” at Cardozo School of Law; delivered “Research Revolution 2.0: Whence and Whither? The View from a Journal Editor” at the symposium Best Practices of the Society for Experimental Social Psychology in Berkeley, Calif.; discussed “Building a Better Psychological Science: Good Data Practices and Replicability” at the European Society for Cognitive Psychology and Association for Psychological Science in Budapest, Hungary; and was a panelist on “Replication and Reliability in Research: Views from Editors, Program Officers and Publishers” at the Association for Psychological Science Convention in Washington, D.C.
Last September TED WHITE made presentations at two conferences, one sponsored by the Law School and the Miller Center on “Charles Beard and the Constitution,” and the other by the Law School on “Compelled Commercial Speech.” Articles that White wrote in connection with those conferences are appearing this year under the titles “Charles Beard and Progressive Legal Historiography” and “The Evolution of Compelled Commercial Speech” in, respectively, Constitutional Commentary and the Virginia Journal of Law and Politics. In February he presented at a panel discussion in the Stanford Law School conference on “The Role of History in Constitutional Law.” In May White was on a panel with James McPherson of the history department at Princeton University on “Holmes and the Civil War,” sponsored by the Supreme Court Historical Society. The panel discussion took place at the Supreme Court of the United States. In September he will be making a presentation at the Law School Symposium on History and Jurisprudence, and in October will be giving a faculty workshop at the law department of Edinburgh University in Scotland on constitutional jurisprudence in the New Deal period.
CLASS NOTES We welcome submissions for inclusion in Class Notes. Online, submit them at www.law.virginia.edu/alumni; e-mail them to lawalum@virginia.edu; mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road, Charlottesville, VA 22903; or fax them to 434/296-4838. Please send your submissions by September 15 for inclusion in the next issue.
1951
1953
MARGARET “PEGGY” G. SEILER
mid-1960s when Peggy
GEORGE G. SNARR, JR. died
1961–96, and served on
and gift taxation, probate
died on July 6, 2013. Peggy
and her family lived in the
on January 9, 2013, at
the Winchester Board of
and family planning, and
served in the Women’s
Philippines, she taught
the age of 83. Following
Zoning Appeals and the
succession.
Army Corps from 1944
English at the American
graduation from the
Frederick County Planning
to 1945 after graduating
School in Manila. Later, in
Law School, he served in
Commission. He was the
magna cum laude from
New Jersey, she served as
the counterintelligence
club tennis champion at
Sweet Briar College.
legal counsel to the New
branch of the U.S. Army
the Winchester Country
Following her service
Jersey Commission on Chil-
in Japan. After military
Club for a number of years.
in the war, she taught
dren and Youth and was
service, he practiced law
English at the University of
an editor at Prentice Hall
in Winchester, Va., for
Georgia. While at the Law
legal publishers. She was a
four decades. He began
School she was the first
founder of the Richmond
with Massie, Snarr and
female staff member of
Friends of the Library, a
Monahan and retired
MARK H. BERLIANT is listed
the Virginia Law Review.
former member of the
from Snarr, McCandlish
in Best Lawyers 2014 in
Richmond Junior League,
and Rockwood in 1996.
tax law. He has been
career with Cleary Gottlieb
and a parishioner at St.
He was a magistrate
recognized by Best Lawyers
in Washington, D.C., and
Paul’s Episcopal Church
judge and a substitute
for 31 consecutive years.
finished as an associate at
and St. James Episcopal
judge in Virginia’s 26th
He is of counsel with
McGuire, Woods & Battle
Church in Richmond.
Judicial Circuit Court,
Strauss Troy in Cincinnati,
a Commissioner in
Ohio, where he focuses his
Chancery, Circuit Court
practice in real estate de-
of Frederick County from
velopment, federal estate
Peggy started her law
in Richmond, Va. In the
1957 JANET R. DUGAN writes that she plays golf two days
1956
a week, duplicate bridge three days a week, and sells real estate two days a week.
UVA LAWYER / SPRING 2014 43
CLASS NOTES …
1958
Grievance Symposium
by TED TORRANCE
this April.
Corresponding Secretary 1955 Windward Way
MARTIN FLANAGAN, in a
Vero Beach, FL 32963
most informative note,
Email: etorr@cox.net
says his practice in West Palm Beach over
The following notes reflect
the years evolved into
contacts your scribe has
one primarily devoted
had with members of our
to defending General
class over the last sev-
Motors, Ford, AMC, and a
eral months. As a practical
number of tire manufac-
matter, I am limited in my
turers against product
contacts to those 44 class-
liability claims. His work
mates who have provided
involved considerable
the Law School with e-mail
travel over the years,
addresses, leaving some
but starting in the 1980s
32 fellow alumni out in the
he and his wife saw the
cold. If you have not done
world for pleasure, via
so already, I strongly urge
home exchanges in
you to provide the School or
Vienna, Berlin, Paris, and
me with an email address at
other European sites, and
which you can be reached.
even Manhattan, plus a three-month motor
Allan and Nancy Johnson
JIM ATKIN reports he is
home trip to Alaska in the
still living in Roanoke, the
1990s. Alas, after a while
his license to practice law
Nancy and ALLAN
playing the trumpet in
hometown of his wife,
he had had enough of
(as has your scribe), after
JOHNSON—exhibit A to
three amateur bands.
Dottie, who passed away
retirement, so he joined his
retiring about 10 years
Allan’s description of
several years ago. He is
sonʼs law firm in West Palm
ago. Bill had 25 years
Anguilla, the Johnsonsʼ
A short note sent along by
fighting the effects of Old
Beach, where he handles a
of practice in New York
winter retreat for a good
DOUG MACKALL: He contin-
Man Age by workouts in
variety of trial preparation
City followed by 21 years
number of years, as being
ues to live in McLean, Va.,
his local gym some five
work for other attorneys in
as general counsel at
“tranquility wrapped in
but also has a condo-
days a week.
the office.
Rockefeller University.
blue paradise.” Allan: keep
minium in Charlottesville,
those pictures coming, in
which serves as his base
ALAN DIAMONSTEIN
Our perennial
LARRY GRIM chimed in
particular those of Nancy!
for attending a variety of
describes his eight years of
nexus to the Law School,
with the notation that
service on the Universityʼs
FRED GOLDSTEIN, keeps
his secretary of 50 years
FRED LANDESS reports that,
Board of Visitors, which
active in a variety of
retired from his firm with
following the death of his
assessment: “Life couldnʼt
he completed last year,
University matters, and
considerably more fanfare
wife, Kitty, in 2012, after 58
be better.” Letʼs see—where
as “a wonderful oppor-
at the time of this writing
than was accorded Larry
years of marriage, he has
do I get those tickets?
tunity and a marvelous
he is scheduled to attend
himself. I sense he was
moved into a cottage at
experience.”
a meeting of the Virginia
somewhat miffed. He was
Westminster Canterbury
I had a good telephone
Tax Study Group in
apparently shaken more
of the Blue Ridge, a life
chat with HOBART
Charlottesville in mid-April.
by a long-ignored stom-
care retirement facility in
MCWHORTER. He is still
achache that eventually
Charlottesville. Fred keeps
practicing in Birmingham,
BILL EDWARDS is “still kicking and practicing law” in
Virginia sporting events via season tickets. Dougʼs
Corpus Christi. He speaks
A winter resident of Dobbs
called for the removal of
busy by attending to his
and indeed will be han-
of a nationwide personal
Ferry, N.Y., but summering
his gallbladder—a much
three children and five
dling what he describes as
injury practice and of
in Chamberlain, Me.,
bigger deal than it needed
grandchildren, playing
his “last jury trial” in April,
his invitation to address
BILL GRIESAR reports that
to be, he says. A lesson
tennis, attending exercise
following which he intends
the State Bar of Texas
he has finally given up
for us all.
classes regularly, and
to pursue his favorite
44 UVA LAWYER / SPRING 2014
CLASS NOTES …
sport of fishing along the
I will get a first-hand report
years ago. But there is
week in the Caribbean,
to testify about a defen-
Gulf coast. Last October
on the Oram family then.
a happy ending: Bertʼs
two weeks on a relocation
dant’s uncivilized conduct
granddaughter is receiving
cruise from St. Martin
toward her. The girl found
Hobart had open-heart surgery, which makes him,
TOM and Mina OTIS say
her degree from the Law
to Lisbon (non-stop,
the courtroom atmo-
along with your scribe,
they have adopted a
School this May, and she
hopefully), Easter in Surrey,
sphere to be intimidating
a member of the Zipper
rigorous annual schedule:
has arranged to have Bert
England, and a week in
and became unable to
Club, so named because of
golf at Yeamenʼs Hall
march with her class—and
Dublin. No moss growing
speak. Bill shortly realized
the distinctive scar left on
Club in Charleston, S.C.,
has even picked out a
on the Williams stone.
that the outward symbols
oneʼs sternum from that
in November and March,
cap and gown for him.
kind of procedure.
tennis in Boca Grande, Fla.,
Grandchildren can be
SWAN YERGER called me
of the law were working
in January and February,
wonderful surprises!
from Jackson, Miss., where
at cross-purposes with its
since 2010 he has been
spirit. He stepped down
of the majesty and gravity
Last October Richmond
and involvement in both
UVA alumni created the
sports the balance of
BOB SMITH, along with his
enjoying retirement after
from the bench, removed
JOHN F. MERCHANT Book
the year at their home in
niece, has co-authored the
38 years of private practice
his judicial robe, and sat
Award, pursuant to which
South Dartmouth, Mass.
2014 (and 22nd) edition of
followed by 14 years as a
down cross-legged on the
Westʼs Tax Law Dictionary,
judge on the Hinds County
courtroom floor, inviting
up to 50 high school seniors in the Richmond
At age 83, a milestone
scheduled for publish-
Circuit Court. He said
the little girl to sit wher-
area will receive copies
most of us have either
ing this past February.
he loves retirement and
ever she pleased, so that
of Johnʼs autobiography,
passed or are fast ap-
Classmates will recall that
keeps active as a member
he would be at her eye
A Journey Worth Taking,
proaching, FOSTER PETTIT
Bob also authored Law
of the board of governors
level. Speaking to her as
and in March, John was
says he is “sitting up and
and Lawyers in the United
of the Mississippi Institute
an equal, “as gently as he
scheduled to be a member
taking nourishment”
States, making him one of
of Arts and Letters—not to
would to one of his own
of a panel presenting the
in Lexington, Ky., and
our more prolific writers.
mention as an enthusiastic
grandkids at a birthday
subject “Memoirs of Civil
enjoying the company of
supporter of Ole Miss
party,” he put her at ease.
Rights and Changes” at
five grandchildren, one of
With no thought of retire-
athletics.
She was able to testify, and
the 20th annual Festival of
whom will be graduating
ment, JIM THORNTON is still
the Book in Charlottesville.
from George Washington
managing money in New
It is never too late to
made Columbus, in one
John says he is seriously
University this May.
York City. Although the
include a gem about
particular but nontrivial
city’s new mayor seems to
one of our classmates. I
respect, a safer and better place.”
considering attending
“a successful prosecution
his daughterʼs 20th Law
BEN PHIPPS says he is still
espouse income equality,
recently came across the
School reunion this May,
pretending to work full-
Jim says his clear prefer-
obituary in the Amherst
recalling that he was
time in Tallahassee, but
ence is for inequality. He
Magazine for BILL MILLARD,
I send my grateful thanks
the principal speaker
that itʼs really about a 70
has moved back into his
who died in 2010. Bill was
along to all of you who
at her commencement
percent rate. He reminds
home in Lawrence, Long
a trial lawyer for some 30
made the foregoing
proceedings.
us all of the Class of 1958
Island, after dealing with
years in Columbus, Ohio,
report possible. I urge all
Hardy Dillard Scholarship
the ravages of Superstorm
and then served two terms
classmates to consider
I have been in touch with
Fund, a most worthy cause
Sandy, but if any reader is
as a judge in the Franklin
news contributions for
JOHN ORAM by telephone.
that always appreciates
attracted to “a good view
County Court of Common
the next issue of UVA
He and Sonia continue to
donations.
of marsh and a navigable
Pleas. The author of the
Lawyer, especially
creek; dike to be repaired;
obituary, one of Bill’s sons,
those who, for whatever
live at The Landings on Skidaway Island, outside
A telephone call from
government promises,” Jim
said that Bill alternated
reasons, have elected to
Savannah, but unfortu-
BERT SACHS, from Boynton
has just the place for you.
between civil and criminal
remain silent to date. I
nately back problems
Beach, Fla.: He recalled for
dockets, but did not
can be reached at 1955
have caused him to curtail
my benefit that, due to a
HENRY WILLIAMS continues
relish hearing the things
Windward Way, Vero Beach,
seriously his golfing on the
need to report immedi-
in some kind of time warp
that came to light during
FL 32963; by email at
six (6!) great courses there.
ately to Norfolk for a court
by continuing to sail and
certain criminal trials.
etorr@cox.net; and by
One of the purposes of my
clerkship, he never got to
ski in upstate New York
phone call was to cadge
march with the rest of us
and at Mt. Tremblant,
proceeding a young girl,
a nightʼs lodging on my an-
in our commencement
Canada. Plans for this
barely old enough to take
Best wishes to all for a good
nual drive north in May, so
proceeding those many
winter season include a
the stand, was called upon
summer!
During one such
telephone at (772) 234-6765.
UVA LAWYER / SPRING 2014 45
CLASS NOTES …
1960
50 years. He’s now in his
1965
52nd year of practice. He
he focuses his practice on
1969
insurance defense,
T. MAXFIELD BAHNER was
has been listed in Best
TOM MURRAY is a trial at-
insurance coverage,
GARLAND ALLEN practices
honored by the Kiwanis
Lawyers and Super Lawyers
torney who for the past 15
workers’ compensation,
state and local tax law
Club of Chattanooga,
since the beginning of
years has focused his work
construction, and
part-time in Santa Monica,
Tenn., with the 2014
those publications. He
on representing clients in
legal ethics.
Calif., where he and
Distinguished Service
is a member with Hand
sudden acceleration cases
Award for outstanding
Arendall, in Birmingham,
brought against automo-
GENE D. DAHMEN was se-
moving from Chicago
community leadership.
where he is chairman of
bile manufacturers in the
lected for inclusion in the
in 2002. He promotes
He is a senior member
the municipal law practice
United States, Canada, and
2013 New England Super
state efforts to adopt
of the litigation section
group.
the United Kingdom. Tom
Lawyers and Best Lawyers
the ABA Model State
is a frequent commentator
2014 in family law. She is
Administrative Tax Tribunal
of Chambliss, Bahner
Farrokh have lived since
& Stophel, where he
Colonel ROBERT D.
in the media on sudden
senior counsel with Verrill
Act (in Georgia and Illinois
concentrates his practice
HOAGLAND writes that he
acceleration. His recent
Dana in Boston, Mass.
so far). He is treasurer and
on complex litigation.
is engaged to be married.
book, Deadly by Design:
He notes that he is only
The Shocking Cover-up
RICHARD N. GREATWOOD
77 years old and the date
Behind Runaway Cars,
is teaching a seminar in
is not set yet.
board member of Death
1968
Penalty Focus, which works to abolish the death
details the story of the
penalty in California. In
elder law for the fifth year
legal battle fought against
2012 it was a close vote,
at Barry University Law
the auto industry and
losing 52 to 48 percent.
the cover-up of faulty
“We do lots of fun stuff,
as adjunct professor. He
electronic systems that
too,” he writes. “We’re
wrote that he was looking
have caused the injury
grateful for the life we are
forward to the Jefferson
and death of thousands
living and look forward to
Uncorked event on the
of people. (See http://tom-
our 45th reunion in May.”
subject of education in an
murray.com and In Print.)
School in Orlando, Fla.,
1963
online setting hosted by
REID H. ERVIN was recog-
the UVA Club of Orlando.
1967
nized by Virginia Business
HAROLD W. MULLIS was
as among Virginia’s legal
PHILIP V. MOYLES recently
WILLIAM R. RAKES has been
honored with the H.L.
elite in the field of labor
established an award
named Best Lawyers’
Culbreath Jr. Profile in
and employment law for
in honor of his mother
Roanoke Lawyer of the
Leadership Award for 2013
2013. He is principal of
and father at Mount St.
Year 2014 for appellate
by the Greater Tampa
Reid H. Ervin & Associates
Mary’s University, his alma
practice and bet-the-
Chamber of Commerce at
in Norfolk.
mater. The award is given
company litigation and is
the annual chamber
to a third year student
listed in Super Lawyers
meeting. He is vice chair of
WILLIAM H. HOBSON moved
in the pre-law studies
Business Edition for
the University of South
his trusts and estates
curriculum. “Hopefully, a
business litigation. He is
Florida’s board of trustees
practice to Summers
recipient will apply to the
senior partner with Gentry
J. RUDY AUSTIN has been
and is a shareholder and
Compton Wells in Clayton,
Law School,” he writes.
Locke Rakes & Moore,
named to the Super
founding member
Mo., in May 2013.
where he chairs the
Lawyers Business Edition for
currently serving as
banking and finance
civil litigation defense. He
president with Trenam
GORDON D. SCHRECK was
group. He focuses on
was also recognized in
Kemker. He is listed in Best
appointed distinguished
advising banks and other
Virginia Business as among
Lawyers 2014 in corporate
visiting professor of
FRANK C. GALLOWAY, JR. was
financial entities on
Virginia’s legal elite in 2013
law and mergers &
admiralty and maritime
recognized by the Alabama
governance, regulatory,
in construction law. He is a
acquisitions law.
law at Charleston School
State Bar Association
and securities matters and
senior litigation partner
of Law for the 2013–14
and the Birmingham Bar
handles commercial
with Gentry Locke Rakes &
academic year. He contin-
Association in 2012 for
litigation for a variety of
Moore in Roanoke, where
ues to practice as senior
having practiced law for
businesses.
1962
46 UVA LAWYER / SPRING 2014
CLASS NOTES …
partner in the Charleston
LYNN GROSECLOSE retired
celebrates its 20th an-
Federal judge
office of Womble, Carlyle,
from his active medical
niversary in 2014. Bottini
ARTHUR J. SCHWAB ’72 of the U.S.
Sandridge & Rice.
malpractice defense
opened the firm’s China
District Court, Western District
practice at the end of
office there in 1994.
of Pennsylvania, received an
1970
2013. He will continue as
honorary membership in the
a mediator. He has been
The Honorable LOUIS
Federal Bar Association Western
recognized in Florida Super
A. SHERMAN retired as
Pennsylvania Chapter on
ROBERT W. BENJAMIN serves
Lawyers since 2006, has
an active judge of the
on the board of directors
been rated by Martindale
circuit court of the City of
his judicial accomplishments. He also received the
of FCCI Mutual Insurance
as AV pre-eminent, and
Norfolk, effective January
2012 Conflict Resolution Day Award from the
Company, a large, Florida-
listed as a Tampa Bay top
1, 2013. He continues to
Mediation Council of Western Pennsylvania for his
based, regional property
lawyer. “I’m grateful for the
serve as a retired/recalled
leadership and support of the Alternative Dispute
and casualty insurance
education UVA provided
judge. He is married to
Resolution Program. Schwab was chair of the Court’s
company writing policies
and the career it engen-
Carol M. Sherman and
ADR Committee from February 2004 to
in 15 states.
dered,” he writes.
is the father of sons Eric
October 2013.
November 6 in recognition of
and Scott, who graduated
Since the ADR program began, the western
CHARLES H. MAJORS was
from the UVA Schools
district has reduced the number of cases pending
honored by the Danville,
of Medicine in 2002
for three or more years by 63 percent and reduced
Va., Kiwanis Club as
and the McIntire School
the number of motions not decided within six
Danville’s Citizen of the
of Commerce in 2001,
months by 83 percent. Recent statistics issued by
Year. After 20 years of law
respectively.
the administrative office of the U.S. courts now place
practice, he served for
the Western District of Pennsylvania in the top 9.5
20 years as president and
MARK E. SULLIVAN received
percent of federal courts with respect to the length
chief executive officer of
the distinguished service
of time for civil cases to resolve and the amount of
American National Bank
award from the Standing
time to decide civil case motions.
KENNETH M. GREENE was
and Trust Company, a
Committee on Legal
selected for North Carolina
$1.3 billion bank serving
Assistance for Military
Super Lawyers 2014 in
southern Virginia and
Personnel at the ABA
professional malpractice
banking law. He is director
northern North Carolina,
annual meeting in August.
law-defendants lawyer of
and shareholder with
and is currently executive
He is principal of Sullivan
the year. He is with Porter
Carruthers & Roth in
chairman of the bank.
& Tanner in Raleigh, N.C.,
Wright.
Greensboro, where he
He served as chairman
and frequently speaks at
focuses his practice on
of the Virginia Economic
family and military law
GREGORY L. MURPHY was
commercial finance,
Development Partnership
programs and lectures at
selected for Washington,
banking, and bankruptcy.
and the Virginia Bankers
the Army JAG School and
D.C. Super Lawyers 2014
He is past president and
Association, and recently
the Naval Justice School.
in business litigation.
G. FRANKLIN FLIPPIN has
current fellow of the
completed a term as presi-
He obtained a sanctions
been named to the Super
American College of
dent of the Federal Reserve
award of over $800,000,
Lawyers Business Edition in
Commercial Finance
Board’s Community
the highest ever, against
business/corporate law. He
Lawyers and serves on two
Depository Institutions
counsel and plaintiff in
was also recognized in
task forces established by
Advisory Council.
Fairfax Circuit Court; the
Virginia Business as being
the business law section of
petition for appeal was
among Virginia’s legal elite
the ABA—one to create a
denied. Previously, the
in 2013 in the area of
largest sanction award was
business law. He is a
$272,000. He is a partner
partner with Gentry Locke
model agreement
1972
1971
governing the control of
1973
account deposits, and
THOMAS H. BOTTINI is
with Vorys, Sater, Seymour
Rakes & Moore in Roanoke,
another to create model
managing attorney and
and Pease, and a member
where he focuses his
agreements for first and
chief representative of
TERRANCE M. MILLER is listed
of the litigation group.
practice on business
second intercreditor liens.
Armstrong Teasdale’s
in Best Lawyers 2014 as
office in Shanghai, which
Columbus, Ohio’s
planning.
UVA LAWYER / SPRING 2014 47
CLASS NOTES …
1974 MARY ALEXANDER SEDDON LEE STAPP LL.M. ’73 passed away on October 27, 2013, at the
DOUGLAS M. BRANSON LL.M.
age of 86. She was a longtime resident of
notes that the fourth
Montgomery, Ala. Throughout her life she
edition of Understanding
fulfilled a commitment to study, teach, and
Corporate Law was
practice law. As an assistant attorney gen-
published in 2013, and his
eral and chief legal counsel for the Alabama
newest book, Greatness in
NATHALIE GILFOYLE has been
Department of Human Resources she argued
the Shadows: Larry Doby
elected to the board of
cases at all levels, including before the Supreme
and the Integration of the
directors of the National
JAY T. WALDRON has been
Court of the United States.
American League, will be
Veterans Legal Services
elected chair of the board
After receiving her law degree at the Univer-
published later this year.
Program, which is
of directors of Oregon
sity of Alabama School of Law, she received her
Branson is the W. Edward
dedicated to ensuring that
Health & Science
master’s in law at Virginia. She went on to study
Sell Chair in Law at the
veterans and active-duty
University, which provides
international law at Georgetown University,
University of Pittsburgh.
military personnel receive
health care throughout
the governmental benefits
the state and is Portland’s
dispute resolution at Emory University School of Law, and English legal history at the London
C. WILSON DUBOSE was
to which they are entitled
largest employer. He has
School of Economics.
listed in Georgia Legal
under the law. She is
served on the board for six
Leaders and Georgia Super
general counsel to the
years. Waldron is a
presented Stapp with the Alabama Women
Lawyers 2013 in business
American Psychological
shareholder with Schwabe,
Achievers’ Award in recognition of her contribu-
litigation, construction
Association in Washington,
Williamson & Wyatt in
tion toward elevating the status of Alabama
litigation, and alternative
D.C., and also serves as a
Portland, where he
women. In 2013 the women’s section of the
dispute resolution. He was
commissioner on the D.C.
practices environmental
Alabama State Bar presented her with the
also elected to the board
Access to Justice
and energy law and
Maud McLure Kelly Award for “being a pioneer
of directors of Common
Commission by appoint-
represents clients in trial
for the rights of children and the elderly and a
Cause Georgia. He
ment of the District of
and appellate courts.
tireless leader in mentoring young women in
practices with DuBose Law
Columbia Court of Appeals.
the legal profession.”
Group LLC of Madison and
JOHN F. WYMER III opened
Atlanta, Ga.
the Atlanta, Ga., office of
In 1981 the Southern Women’s Archives
Denver-based Sherman
HOWARD L. MEYERS received
CLAIRE G. GASTANAGA
& Howard in February
the Dennis H. Replansky
received the 2013 Bernard
2013. He is a fellow in
Memorial Award for
D. Mayes Award given by
the College of Labor and
his contributions to
the Serpentine Society in
Employment Lawyers and
legal, civic, religious, and
honor of her work on LGBT
has been listed in Best
other charitable causes
rights. Gastanaga is the
Lawyers since 1994.
at the Philadelphia Bar
ROBERT S. MUELLER III has
executive director of the
FRANK E. RIGGS, JR. has
Association business law
joined Wilmer Cutler
American Civil Liberties
been named a fellow in
section annual dinner in
Pickering Hale & Dorr as
Union of Virginia and has
the American College of
February. He is a senior
partner in Washington,
more than 30 years of
Construction Lawyers. He
partner in the business
D.C. He was previously
experience in legal and
is a partner with Troutman
and finance practice
director of the Federal
government relations at
Sanders in Atlanta, Ga.,
of Morgan Lewis in
Bureau of Investigation, a
the federal, state, and local
where he focuses his
Philadelphia, Pa.
job he began one week
levels. The award is named
practice exclusively on
before the attacks on
for the former assistant
construction law. He is
September 11. His practice
dean of the College of
listed in Best Lawyers 2014
at WilmerHale is focused
Arts and Sciences for his
in construction law,
W. STUART DORNETTE is
on investigations, crisis
lifetime support of LGBT
litigation-construction and
listed in Ohio Super
management, privacy, and
students at the University
in Super Lawyers 2014 in
Lawyers 2014 in business
cybersecurity.
of Virginia.
construction/surety.
litigation and was named a
48 UVA LAWYER / SPRING 2014
1975
CLASS NOTES …
1976
lawyer in litigation by
DONALD J. SHULLER has
policies. He is the first to
Benchmark Litigation 2014
Virginia Business. Dumville
been listed in Ohio Super
serve in this position. He
in general commercial and
was recently appointed
Lawyers 2014 and Best
has been with MPI since
securities law. He is a
managing partner with
Lawyers 2014 in real estate
2005 and was most recent-
partner with Taft Stettinius
Reed Smith in Richmond.
law. He is a partner with
ly senior vice president,
local litigation star in
& Hollister in Cincinnati.
Vorys, Sater, Seymour and
director of studies, and co-
DANIEL J. HOFFHEIMER has
Pease in Cincinnati, where
director of MPI’s National
been listed in Ohio Super
he is a member of the
Center on Immigrant
Lawyers 2014 in estate
finance, energy, and real
Integration Policy.
PETER E. BROADBENT, JR.
planning and probate.
estate group.
was reappointed by Gov.
He is a partner with Taft
Bob McDonnell to the
Stettinius & Hollister in
F. BRADFORD STILLMAN
integration and the educa-
James Monroe Museum
Cincinnati.
retired from his position
tion of immigrant children
and Memorial Library
Fix concentrates his work on immigrant
as a U.S. magistrate judge
in the U.S. and Europe, as
Board of Regents. The
MICHAEL LEECH was elected
for the eastern district of
well as citizenship policy,
Fredericksburg museum is
a member of the American
Virginia. He now serves
immigrant children and
DON P. MARTIN is listed in
the largest repository in
Law Institute. He is a
as a mediator with the
families, the effect of
Best Lawyers 2014 in
the country for artifacts
full-time neutral mediator/
McCammon Group.
welfare reform on im-
commercial litigation, legal
and documents related to
arbitrator, a distinguished
malpractice law-defen-
the fifth president.
fellow of the International
dants, litigation-banking
Broadbent has significant
Academy of Mediators,
and finance, and litigation-
experience with Virginia
and president-elect of the
real estate. He is also
organizations focused on
Association of Attorney-
J. HERBIE DIFONZO and
to a National Research
named in Southwest Super
history and genealogy. He
Mediators. His office is in
his wife, Ruth Stern,
Council committee on the
Lawyers 2014 in business
serves on the Library of
Chicago, Ill.
have published Intimate
integration of immigrants
litigation. He is a partner
Virginia board and the
Associations: The Law
into U.S. society that will
with Quarles & Brady in
Virginia Commission for
and Culture of American
identify gaps in existing
Phoenix, Ariz., where he
the Bicentennial of the
Families with University
information and propose
handles complex
American War of 1812, is
of Michigan Press. (See In
policy options. He is a
commercial litigation,
former president of both
Print.) The book explores
research fellow with
including professional
the Virginia Genealogical
developments in family
Institute for the Study of
liability, real estate and
Society and the
formation that would have
Labor in Bonn, Germany,
securities litigation, and
Genealogical Research
been unimaginable even
and served on the National
administrative hearings.
Institute of Virginia, and is
a generation ago. DiFonzo
Academy of the Sciences
a vice president of the
is professor of law at
Committee on redesigning
CHRISTINE SWENT BYRD had
James Monroe Memorial
the Maurice A. Deane
U.S. naturalization tests.
the pleasure of seeing
Foundation. He is a partner
ELIZABETH A. RITVO was
School of Law at Hofstra
her daughter, Amy Byrd,
with Christian & Barton in
honored by Massachusetts
University.
graduate from the Law
Richmond, where he
Lawyers Weekly at an
School in May of 2013. Her
focuses his practice on
awards ceremony in
MICHAEL E. FIX has
class included another
intellectual property and
October as one of their
been appointed chief
child of a ’75 graduate,
communications law.
Top Women of the Law.
executive officer of the
She is a partner with
Migration Policy Institute
Daniel Evens, the son of
migrants, and the impact
1977
of immigrants on the labor force in the United States. He was recently appointed
Mark Evens. “It was such
S. MILES DUMVILLE was
Brown Rudnick in Boston,
in Washington, D.C., an
a pleasure to attend and
named a leader in the
where she focuses her
independent, nonpartisan
absorb the Virginia atmo-
law for 2013 by Virginia
practice on litigation and
think tank that provides
BARRY KOGUT is listed in the
sphere again,” she writes.
Lawyers Weekly. He was
arbitration. She is listed in
analysis, evaluation,
2014 Chambers and
listed in Super Lawyers
Best Lawyers 2014 in First
and development of
Partners International
2013 in general litigation
Amendment law.
immigration, immigrant
Guide to the Legal
integration, and refugee
Profession and in Best
and recognized as a top
UVA LAWYER / SPRING 2014 49
CLASS NOTES …
ELY A. LEICHTLING is listed in Best Lawyers 2014 in employment law-management, labor law-management, and litigation-labor and employment. He is a
From left: David Logan ’77, Dr. Mel Urofsky ’84, Lillian BeVier, John Jeffries ’73, and U.S. Senator Sheldon Whitehouse ’82
partner with Quarles & Brady in Milwaukee, Wis.
DAVID LOGAN ’77, dean of the Roger Williams University School of Law and a media law scholar, organized a
CHARLES W. THROCKMORTON
symposium that took place in February entitled “Reassessing New York Times Co. v. Sullivan: Freedom of the Press 50
was designated by Best
Years Later.” The event marked the 50th anniversary of one of the key Supreme Court cases of our time.
Lawyers as Miami’s lawyer
Distinguished lawyers, judges, journalists, and academics came to Roger Williams to reflect on the legacy of the
of the year for 2013 in
case. They participated on two panels, one focused on legal theory and the other on journalism. All agreed that
bankruptcy and creditor
New York Times v. Sullivan defined freedom of the press more clearly than any other Supreme Court of the United
debtor rights/insolvency
States decision in modern times.
and reorganization law. He
Participants included UVA Law’s Dean Emeritus John Jeffries ’73 and David and Mary Harrison Distinguished
was also noted in Miami
Professor of Law Emeritus Lillian BeVier, Melvin Urofsky ’84, and U.S. Senator Sheldon Whitehouse ’82 of
Daily Business Review as
Rhode Island.
the most effective lawyer for 2013 in the field of bankruptcy. These honors reflect results he achieved
Lawyers 2014 in environ-
importance to in-house
personnel and for policy
in representing the largest
mental law. He is a
corporate counsel in
research regarding
group of creditor victims
member with Bond,
Europe and internationally.
procedures and practices
in litigation arising out
Schoeneck & King in
D’Angelo is a contributing
in the federal court.
of Scott Rothstein’s $1.2
Syracuse, N.Y.
author to The Attorney-
billion Ponzi scheme.
Client Privilege in Civil
He practices business
1978
1979
Litigation, fifth edition, published by the ABA in
bankruptcy litigation with Kozyak Tropin &
2012. He is a partner and
BLAKE D. MORANT, dean of
HUGH F. HILL writes that he
CHRISTOPHER SCOTT D’ANGELO
chairman of the products
the Wake Forest University
“persists as an assistant
was a moderator
liability, mass claims and
School of Law, has been
professor of emergency
and speaker at the
risk management section
appointed to a five-year
medicine” at Johns
International Corporate
and the international
term on the Federal
Hopkins University School
Counsel College in
practice group at
Judicial Center Foundation
of Medicine and has
ERIC KRAEUTLER was
Paris in November. The
Montgomery McCracken
Board by Chief Justice
created a new geriatric
inducted as a fellow in
ICCC, where he is on the
Walker & Rhoads based in
John Roberts. The center is
emergency medicine
the American College of
advisory board, is a forum
Philadelphia, Pa., and New
the agency for continuing
fellowship for Hopkins.
Trial Lawyers at the 2013
that addresses the most
York City.
education of federal
annual meeting of the
judges and court
College in October. He is
current legal issues of
50 UVA LAWYER / SPRING 2014
Throckmorton.
1980
CLASS NOTES …
1982
U.S. District Judge RICHARD
CONSTANCE A. HOWES ’78, executive vice president
MILLS LL.M. was the guest
of women’s health at Care New England, has
speaker at the 2013
joined the Women’s Choice Award healthcare
Veterans Day convocation
advisory board. The board is comprised of
at Blackburn College in
executive level health care professionals who
Carlinville, Ill. He is a major
have a deep expertise in health care issues and
general in the Illinois state
patient experience. Howes presides over the
militia and a retired colonel
multidisciplinary Women’s Health Council which
in the U.S. Army with 33
guides program development in women’s
years of service in the
health for Care New England.
military, including active
Howes was also recently elected to the
duty in the Korean War.
board of trustees of the American Hospital
JAMES F. DULCICH was
Association and serves in a number of industry and civic leadership posts,
elected president of
RAYMOND G. TRUITT is listed
including chairing the Governor’s Workforce Board and chairing Innovation
Waverley Country Club,
in International Who’s Who
Providence which is working to advance the state’s knowledge economy and
which was established in
of Business Lawyers 2013
economic development. She was president and chief executive officer of
1896. He is a shareholder
in real estate practice and
Women & Infants Hospital of Rhode Island from 2002 to 2013, formerly serving
with Schwabe, Williamson
Best Lawyers 2014 in real
as executive vice president and chief operating officer. Prior to this role, Howes
& Wyatt in Portland, Ore.,
estate law. He is managing
was vice president and general counsel for Care New England Health System
where he focuses his
partner of finance and
and vice president and general counsel for Women & Infants Hospital. Before
practice on commercial
operations and member
joining Women & Infants, Howes practiced with Tillinghast, Collins & Graham
leasing transactions,
of the management
for 17 years, primarily in the area of business law, and served as chair of the
acquisitions and disposi-
committee and diversity
corporate department.
tions of real property, and
council with Ballard Spahr
real estate financing
in Baltimore, Md. He
transactions. He was listed
focuses his practice on
a partner in the litigation
to Tidewater Community
Virginia Bar Association
in Best Lawyers 2013 in real
commercial real estate
group with Morgan, Lewis
College’s workforce devel-
meeting in Williamsburg.
estate law.
financing, leasing, devel-
& Bockius in Philadelphia,
opment committee. He is
He was named to the
Pa., where he focuses
listed in Best Lawyers 2014
Super Lawyers Business
EDMOND M. IANNI was on a
his practice on complex
in public finance and real
Edition in employment &
panel with Jeffrey Rotwitt,
commercial, white-collar
estate law and was named
labor law and was
president and CEO of
criminal, and intellectual
Best Lawyers 2014 Norfolk
recognized in Virginia
Sun Center Studios, and
property matters.
public finance law lawyer
Business as being among
two other CEOs at the
MARK A. BRADLEY recently
of the year. He is a partner
Virginia’s legal elite in 2013
Center for Community
published his first book, A
with Williams Mullen.
in the area of labor/
Leadership Development
Very Principled Boy: The Life
that 2013 was a fulfilling
employment. He is a
and Entrepreneurship in
of Duncan Lee, Red Spy and
year in civic commitment.
partner with Gentry Locke
Pennsylvania in October
Cold Warrior. (See In Print.)
He was elected chair of
Rakes & Moore in Roanoke,
to address how entrepre-
Bradley is an attorney in the
the real property section
where he focuses his
neurs and corporations
U.S. Department of Justice
of the Virginia State Bar,
practice on labor and
can partner in emerging
National Security Division.
vice chair of the Hampton
employment law and
industries.
Roads Association of
complex litigation.
WILLIAM L. NUSBAUM writes
opment, and restructuring.
1983
TONY M. DAVIS has been
Commercial Real Estate’s
G. RAYE JONES recently pub-
selected by the 5th Circuit
legislative affairs com-
lished One for the Heart: A
to serve as a bankruptcy
Collection of Poems. (See
judge. After practicing as a
of the Hampton Roads
W. DAVID PAXTON was
In Print.) He is a pastor and
partner with Baker Botts in
Workforce Development
inducted as a fellow of the
an estate and tax-planning
Houston for 19 years, Tony
Board (Opportunity, Inc.),
Virginia Law Foundation in
attorney with MartinWren
now lives in Austin, Texas,
and was also appointed
January at the annual
in Charlottesville.
with his wife, Kathryn.
mittee, and vice chair
UVA LAWYER / SPRING 2014 51
CLASS NOTES …
boys and five girls, and
and partner in the public
a growing number of
finance group, focusing
grandchildren. Beginning
her practice on tax-exempt
in May, he will be taking
transactions. “I’m looking
a leave of absence from
forward to seeing old
his firm to serve as an
friends at the reunion,”
area legal counsel for the
she writes.
Church of Jesus Christ of Latter-day Saints in the Philippines.
WILLIS P. WHICHARD LL.M., S.J.D. ’94 is serving a three-year term on the
Eight members of the CLASS OF 1983 met at the Yale Club of New York City in
1984
February. They are: (standing, from left) Dorothy Heyl, Paul Mourning,
American Bar Association Standing Committee on the Federal Judiciary. The
Lisa Friel, and Joseph Giovanniello; (seated, from left) Joseph Bell, David
The Honorable RUSSELL
committee performs a
Good, Michael Kitsis, and Kevin Brady.
CARPARELLI LL.M. is the
thorough investigation
new executive director of
of every prospective
the American Judicature
nominee to a federal
WIN DAYTON has returned
of trial lawyers in Tampa,
Society, whose mission is
judgeship and provides
to the United States after
most recently known as
to secure and promote a
a rating to the president
three years in Istanbul.
the Knopik Deskins Law
qualified and independent
and, upon nomination, to
He is director of overseas
Group. In his new position,
judiciary and fair justice
the U.S. Senate Judiciary
operations in the U.S. State
Knopik will oversee
system. He formerly served
Committee and the U.S.
Department’s Bureau of
litigation for the Laser
as a judge of the Colorado
Department of Justice.
Conflict and Stabilization
Spine Institute in the
Court of Appeals.
Operations. “Alas,” he
various states in which it
IRWIN M. SHUR has been
writes, “it’s Syria all the
operates. He is listed in
recognized with a lifetime
JOHN LEWIS LASKEY has
time, with not nearly
Best Lawyers 2014 in
achievement award by the
been admitted to practice
enough connection to the
commercial litigation,
Milwaukee Business
in Pennsylvania as well
MARTHA N. DONOVAN is
class of ’83 folks. I much
medical malpractice, and
Journal. He says he has no
as the U.S. District Court
listed in Best Lawyers 2014
regret missing the reunion,
personal injury litigation.
idea what caused this
for the Eastern District
in environmental and
other than simply being in
of Pennsylvania. He is a
litigation-environmental
but I remain in the cult
1985
following of Latham’s win-
ROBERT LATHAM was
practice for a very long
shareholder with Stark
law and in Chambers USA
ners and losers column.”
recently elected chairman
time, and doubts that he
& Stark in Marlton, N.J.,
2013 in environmental
of the International Rugby
will ever again grace the
where he focuses his
law. She is with Norris
Board regulations commit-
cover of a magazine of any
practice on creditors’ rights
McLaughlin & Marcus in
tee at the organization’s
kind. Shur is vice presi-
and litigation.
Bridgewater, N.J., where
meeting at its headquar-
dent, general counsel, and
ters in Dublin, Ireland.
secretary of Snap-on
MARY NASH RUSHER recently
on environmental law
He is a partner with
Incorporated, headquar-
became president and
and complex litigation,
Jackson Walker in Dallas
tered in Kenosha, Wisc.
board chair of the YMCA
particularly the defense of
and Houston, Tex., where
she focuses her practice
of the Triangle, the first
environmental property
he chairs the media law
Since graduation,
woman to hold that posi-
damage claims.
and intellectual property
VIC TAYLOR has practiced
tion in the organization’s
litigation practice areas.
with the law firm of Parr
150-plus year history. She
the position of chief trial
Brown Gee & Loveless in
is with Hunton & Williams
counsel for the Laser Spine
Salt Lake City as a real es-
in Raleigh, N.C., where
Institute in Tampa, Fla.
tate transactional lawyer.
she is managing partner
Knopik previously founded
He and his wife, Caroline,
and managed a small firm
have eleven children—six
CHRIS KNOPIK has accepted
52 UVA LAWYER / SPRING 2014
CLASS NOTES …
1987
1988
department with Pashman
KEITH N. COLE has been
JOHN COOPER moved his
Stein in Hackensack,
appointed vice president,
law firm to a new building
is listed in Best Lawyers
where he concentrates on
government relations and
in the Ghent section of
2014 in real estate law.
complex civil litigation,
environment, health, and
Norfolk, Va. Cooper Hurley
criminal defense, and
safety at W.R. Grace & Co.
Injury Lawyers is now
internal investigations,
and will be responsible
located at 2014 Granby
inducted into the 2014
BRUCE HAMILTON and JENNIFER WEISS traveled
including securities fraud.
for Grace’s EHS and public
St., Suite 200, Norfolk, Va.
class of fellows of the
to Portland, Ore., in
He was previously an
affairs activities worldwide.
23517.
Virginia Law Foundation.
November and enjoyed
assistant U.S. attorney in
He is at the company’s
He is a partner with
visiting Margaret Murphy
the district of New Jersey
global headquarters in
FRANK R. MARVIN has
Kaufman & Canoles in
Carley and her family.
for 18 years, serving in the
Columbia, Md.
joined The Buller Group,
STEPHEN E. NOONA has been
concentrates his practice
in New Jersey. He is a
on commercial real estate
member of the litigation
transactions, leasing, and corporate transactions. He
Norfolk, where he is chair
criminal division, the
a global human capital
of the litigation section
organized crime strike
services firm, as executive
and serves as co-chair of
force, and as chief of the
vice president of corporate
the intellectual property
violent crimes unit. He was
development. He will lead
and franchising section.
named a New Jersey Super
efforts to raise capital,
He is a fellow in the
Lawyer for 2013-14 in
arrange banking facilities,
American College of Trial
criminal defense: white
oversee legal and contract
Lawyers, former president
collar, business litigation,
matters, and handle
and general litigation.
merger and acquisition
of the Virginia State Bar’s intellectual property law
BRET MADOLE has joined
section and the Tidewater
Carrington, Coleman,
JEFFREY A. STANDEN has
DAVID K. SPIRO is listed in
ously CEO with M3COM
Federal Bar Association,
Sloman & Blumenthal in
been named dean of
Best Lawyers 2014 in
of Virginia, a government
and the current president
Dallas, Tex., as head of
the Northern Kentucky
bankruptcy and creditor
contract and commercial
of the I’Anson-Hoffman
corporate and mergers &
University Salmon P.
debtor rights/insolvency
services company.
American Inn of Court.
acquisitions. His practice
Chase College of Law and
and reorganization law
includes general corporate
professor of law. He was
and was included among
transactional work, M&A,
previously the associate
the top 100 in Virginia in
banking, bank lending,
dean for academic affairs
Super Lawyers 2013. He is a
and intellectual property,
and faculty research
shareholder and co-chair
including copyrights,
and held the Van Winkle
of the bankruptcy and
trademarks, and licensing.
Melton professorship
creditors’ rights practice
He was previously with
in law at Willamette
group with Hirschler
David, Goodman &
University College of Law.
Fleischer in Richmond.
Madole.
He has taught as a visiting
1986
matters. He was previ-
JAMES F. WILLIAMS was
professor and has been a
JAMES STRAWBRIDGE joined
recently elected to the
scholar-in-residence at the
Cooley as a partner in its
American Law Institute. He
RICHARD J. GIUSTO has been
University of San Diego
business department. He
is listed in Best Lawyers
appointed to the board of
and the University of
will be a member of the
2014 in commercial
trustees of the non-profit
Virginia, respectively.
firm’s business & finance
litigation and in
Miami Foundation, where
practice group and will be
Washington Super Lawyers
he will help shape the
resident in the Palo Alto
2014 in business litigation,
greater Miami area
office.
personal injury-products,
through leadership and
and civil litigation.
philanthropy. He is
AIDEN P. O’CONNOR is listed
Williams has been trying
co-managing shareholder
in Chambers USA 2014 in
cases and managing
of Greenberg Traurig in
white-collar crime and
litigation for more than
Miami, where he
government investigations
25 years as a government
UVA LAWYER / SPRING 2014 53
CLASS NOTES …
attorney and a private
on complex commercial
Center for Law and Military
chairman of the agency
STAN PERRY joined Reed
practitioner. He is a
litigation and dispute
Operations, deputy staff
a week later. Goodman
Smith’s new Houston, Tex.,
partner in the litigation
resolution.
judge advocate, 101st
previously served in a
office in February 2013.
Airborne Division, and as a
number of governmental
He also went on a Living
STUART A. RAPHAEL was
professor of international
and political posts, includ-
Water International trip to
appointed Solicitor
and operational law at
ing legal counsel and
El Salvador in July with his
General of Virginia by
the Naval War College.
policy advisor to Virginia
son, John, a high school
Attorney General Mark
“Colonel Wilson’s remark-
Governor James S.
senior. Stan and Stacy’s
Herring and was sworn in
able legal skills, matched
Gilmore ’77 and general
daughter, Anne, is a senior
on January 11. Prior to his
with his soldier ethos,
counsel to the Republican
at Texas A&M.
appointment, Raphael was
make him a perfect choice
party of Virginia. He is
a partner with Hunton &
to be a general officer
married to Paige Pippin, a
Williams in McLean, where
in our Army,” noted the
former captain of the UVA
he focused on complex
announcement for his
volleyball team, and they
trial and appellate
nomination.
reside in Keswick, Va., with
practice with Perkins Coie in Seattle, Wash.
1989
Brig. Gen. Charles N.
JOHN M. GUYNN was
litigation, state and local
recently elected to the
government law, product
Pede ’87 and Brig. Gen.
board at Workman
liability, water rights, and
Richard C. Gross ’93
After becoming a
Nydegger, where he is a
energy and environmental
attended the ceremony.
shareholder at Greenberg
shareholder. He is in Salt
litigation.
Three of the four brigadier
Traurig, MARIA HALLAS
RUSSELL S. SAYRE was
generals on active duty
obtained her masters in
recognized in Ohio Super
PAUL S. WILSON was
in the Army JAG Corps
journalism from American
Lawyers 2014 in business
promoted to the rank
are graduates of the Law
University. Last April she
litigation and was named a
GEORGE B. HARRIS was
of brigadier general in
School.
returned to Charlottesville
local litigation star in
recognized as a top-rated
the U.S. Army Judge
to report on air for NBC29
general commercial law in
lawyer in international law
Advocate General Corps at
(WVIR). She enjoys this
Benchmark Litigation 2014.
and international trade
a ceremony at Fort Belvoir,
new chapter in her
He is a partner and
in 2013 by Martindale-
Va., on January 23. He was
life, and hopes to hear
co-chair of the litigation
Hubbell based on his
nominated for promotion
President Obama
from classmates who
group with Taft Stettinius
AV peer review rating,
by President Obama
appointed LEE E. GOODMAN
are living in or visiting
& Hollister in Cincinnati,
the highest rating in
and confirmed by the
to serve as commis-
Charlottesville.
where he concentrates his
legal ability and ethical
U.S. Senate.
sioner of the Federal
Lake City, Utah, where he focuses on patent law.
standards according to
Wilson has served in
1990
two children.
practice on litigation,
Election Commission,
On January 13 WILLIAM
arbitration, and dispute resolution.
ALM Media. He is general
the corps for more than
the independent agency
W. HOOD III was sworn in
counsel and U.S. director
24 years. His assignments
responsible for administra-
as the 103rd justice of
of governmental affairs of
include chief, interna-
tion of federal campaign
the Colorado Supreme
WILLIAM E. THRO is the
SoZo Group, an invest-
tional and operational
finance laws. Goodman,
Court. Classmates Diana
2014 recipient of the
ment advisory firm that
law division; staff judge
a Republican, was
Goldberg (Will’s spouse of
William A. Kaplin Award
facilitates international
advocate, XVIII Airborne
unanimously confirmed
23 years), Mark Heimlich,
for Excellence in Higher
trade and business issues.
Corps; executive officer,
by the U.S. Senate. In his
and John Clancy were
Education Law & Policy
U.S. Army Legal Services
testimony before the
present, “and swear this ‘in-
Scholarship. The award
CAL MAYO was inducted as
Agency; and staff judge
Senate Rules Committee,
vestiture’ actually occurred,”
recognizes scholars who
a fellow of the American
advocate, 82nd Airborne
he quoted Professor Larry
notes Will. According to Will
have published works on
College of Trial Lawyers
Division. He has deployed
Sabato’s tenet, “Politics
and Diana, their children,
education law that address
at the association’s 2013
to Afghanistan in Opera-
is a good thing.” He was
Kaila (19) and Alyssa (14),
the intersection of law
annual meeting in San
tion Enduring Freedom
sworn into office by Judge
were both tremendously
and policy. Thro is general
Francisco, Calif. He is a
and to Iraq in Operation
Thomas Griffith ’85 of the
impressed and “promised
counsel at the University
partner with Mayo Mallett
Iraqi Freedom. He has also
U.S. Court of Appeals for
to begin treating Dad
of Kentucky in Lexington,
in Oxford, Miss., where
served as director of the
the District of Columbia
with the respect he has
where he provides advice
Circuit. He was elected vice
long deserved.”
he focuses his practice
54 UVA LAWYER / SPRING 2014
CLASS NOTES …
on legal and policy issues.
1992
and was recognized in
1993
emphasis in commercial
His academic research
Chambers USA 2013 as a
concentrates on constitu-
leading attorney in labor
DANIEL G. LLOYD is the
real estate, securities fraud,
tional law in educational
and employment law.
general counsel of inCon-
and products liability.
contexts in the United
He is managing partner
tact, the leading provider
States and South Africa,
of Schwartz Hannum in
of cloud contact center
STEWART M. BROWN
with particular emphasis
Andover.
software and contact
relocated to Santa Barbara,
center agent optimization
Calif., where he intends to
MAURICE JONES was
tools. The company’s
remain as long as he can.
KAROL BOUDREAUX has
appointed as the
headquarters are in Salt
joined the Cloudburst
Commonwealth’s
Lake City, Utah. Lloyd was
Group, a consulting firm
Secretary of Commerce
previously legal counsel
that serves public and
and Trade by Virginia
with PROS Inc., a software company.
on school finance litigation. He also serves as an adjunct professor.
1991
and professional liability,
private sector clients in
Governor Terry McAuliffe
JOHN LEIDIG has been
community development,
in January. He previ-
appointed as an admin-
natural resource manage-
ously served as Deputy
JOEL PIERRE-LOUIS has
istrative law judge for
ment, and public health.
Secretary for the U.S.
been appointed secretary
the State of Maryland. An
She holds the position of
Department of Housing
of the State University of
investiture ceremony took
land tenure and resource
and Urban Development.
New York by the board of
place April 28.
rights lead, and brings a
At HUD he managed
trustees. He will serve as
decade of experience
day-to-day operations,
senior liaison to members
JORDAN A. KROOP has joined
working on land tenure
the annual operating
of the board and manage
Perkins Coie as partner in
and property rights
budget, and nearly 9,000
the board office. Previously
the financial transactions
around the world. She
employees.
Pierre-Louis was senior
and restructuring group in
was most recently
director of operations at
Phoenix, Ariz., where he
director for investments
the Dormitory Authority of
represents clients in
at Omidyar Network.
the State of New York.
restructuring, bankruptcy, workouts, litigation, and
BRIAN S. CHILTON has
1994
written his first novel,
ALEXANDER M. MACAULAY
related matters. He was listed in Best Lawyers 2014
Issachar’s Heirs, and is at
in bankruptcy and creditor
work on two more. (See
debtor rights/insolvency
In Print.)
and reorganization law,
was listed in the Virginia
and was inducted into the
Business legal elite 2013 in
JOHN FOSTER was recently
legislative/regulatory/
hired as division counsel
MICHAEL C. WU was
Bankruptcy in March. He
administrative law and in
for the Fairfax County,
appointed senior vice
was previously a partner
Virginia Super Lawyers 2013
Virginia, school division.
president, general counsel,
with Squire Sanders.
and Best Lawyers 2014 in
He will represent Fairfax
and secretary of Carter’s
government relations. He
County schools in
Inc. in February. Carter’s,
is with Macaulay & Burtch
cases involving staff and
headquartered in Atlanta,
BRIAN R. BOOKER is listed in
in Richmond.
students and will provide
Ga., is the largest brand
Best Lawyers 2014 in
legal advice on school
marketer in the U.S. of
commercial litigation and
TREY COX was listed in
board matters.
apparel for babies and
in Southwest Super Lawyers
Best Lawyers and named
young children. He served
2014 in business litigation.
a leader in his field in
WILLIAM E. HANNUM III is
as general counsel and
He is a partner with
Chambers 2013 in general
listed in Massachusetts
corporate secretary of
Quarles & Brady in
commercial litigation. He
Super Lawyers 2013 in
Rosetta Stone Inc. from
Phoenix, Ariz., where he
was recognized by D
employment & labor law
2006 to 2014.
focuses his practice on
Magazine as one of the
commercial litigation with
best lawyers in Dallas and
American College of
1995
UVA LAWYER / SPRING 2014 55
CLASS NOTES …
listed among the top 100
in Texas, was published by
in Texas Super Lawyers last
Texas Lawyer in October.
1996
year. He was also honored
Chambers USA 2013 and
after practicing law for
Best Lawyers 2014 for
many years with large
corporate and mergers
law firms, most recently
with the Client Choice
CAT MCDOWALL works part-
and acquisitions law, and
Venable. His practice
Award for litigation by the
time as a pro-tem judge
in Super Lawyers 2013 in
focuses on transactional
International Law Office/
for the Seattle Municipal
securities and corporate
work with an emphasis on
Lexology 2013 and recog-
Court, and is raising four
finance, and m&a. He is a
buying, selling, develop-
nized as a litigation star
children on her “off” days.
partner with Faegre Baker
ing, leasing, and financing
by Benchmark Litigation
John is the new chair of
Daniels in Minneapolis.
commercial real estate. See
2013. He is a partner with
the business group and
W. MORGAN BURNS was
Lynn Tillotson Pinker and
co-chair of the real estate
named a 2013 attorney of
JAY CHADWICK recently
Cox. His third book, How
group at Carney Badley
the year by Minnesota
founded the Chadwick
ARNOLD EVANS was
to Recover Attorneys’ Fees
Spellman in Seattle.
Lawyer. He was listed in
Law Firm in Vienna, Va.,
named president and
www.chadwickpllc.com.
From Law to Network TV When JANICE S. JOHNSTON ’95 entered the Law School, she was interested in working either on Capitol Hill or in television. Her legal education, she reasoned, would help distinguish her in either field. She worked for Senator Bill Bradley of New Jersey the first summer of law school to get an idea of what it would be like to work on Capitol Hill. After a brief career as a litigation associate in New York City, Johnston began to make the transition to television, a process that took a couple of years. She thought a lot about how she could translate her legal work into skills she could use in a broadcasting job and took night classes at NYU to learn more about the field. She attended journalists’ conventions to network wherever she could, and contacted alumni who were in television. Ultimately she landed a job with ABC News. She has been a producer there for 15 years, including a decade with Good Morning America. She’s held as many as seven different titles with the network. Last year, Johnston and her production team at ABC were honored with two Peabody Awards. One was for ABC coverage of Hurricane Sandy, and the 20/20 special on that storm; the other was for “Robin’s Journey,” the inspirational story of broadcaster Robin Roberts’ illness and bone
In at least one aspect of her challenging job, law school has given her
marrow transplant. The Peabody Award, one of the most distinguished
an edge. “In law,” she notes, “the deposition is the backbone of the case.
given in television, recognizes public service and excellence in achieve-
Law school taught me how to think about the multiple angles of a story.
ment. Johnston shared her first Peabody in 2001 for coverage of 9/11,
In my work, storytelling is shaped by asking questions. I focus hard on
and is the recipient of four Emmy Awards.
what we are going to ask.”
Johnston is currently a senior coordinating producer with 20/20 and
Johnston is already at work producing ABC’s sixth annual country
the network’s specials division, a job that, depending on the show,
music special, “In the Spotlight with Robin Roberts: All Access Nashville,”
involves an array of skills, from hiring to managing other producers and
which will air in the fall. Her past experiences include going on tour with
reviewing storylines and scripts, to one of the most fun aspects of her
Keith Urban and an at-home interview with Taylor Swift. She is passionate
job—working face-to-face with the talent and even shooting some of
about country music, a genre that has soared in popularity since her
the footage herself. Johnston took an ABC camera to shoot Mississippi
days in law school, when she became a fan watching cable programs in
elements for “Robin’s Journey.”
Charlottesville.
56 UVA LAWYER / SPRING 2014
—REBECCA BARNS
CLASS NOTES …
chief executive officer of
truly international com-
NEALE T. JOHNSON has
attorney, was assigned as
mergers and acquisitions,
SunTrust’s commercial and
pany with new offices and
completed mediation
a text in the Law in Fiction
technology licensing and
business banking markets
business in France, Spain,
certification through the
class at the University of
commercialization, and
in Jacksonville and North
Italy, Belgium, Australia,
North Carolina Dispute
Pennsylvania Law School
general corporate work.
Florida. He was previ-
Japan, Singapore, and
Resolution Commission,
this spring.
ously managing director
Indonesia, among others.
making him eligible to
of SunTrust Robinson
Inc. magazine ranked
conduct superior court
Humphrey, the bank’s
Videology—a leading
mediated settlement
investment division, in
video advertising platform
conferences. He is listed
a Canadian technology-fo-
Atlanta, Ga.
provider for advertisers,
in North Carolina Super
cused mineral exploration
agencies and publishers—
Lawyers 2014 in real
company formed last year
MARK A. KNUEVE is listed in
as the #24 fastest growing
estate law and recognized
through a combination
Ohio Super Lawyers 2014
private company in the
among Business North
of Concordia Resource
for labor and employment
advertising and marketing
Carolina’s legal elite for
Corporation and assets
and Best Lawyers 2014 in
industry and #137 overall
2014 in construction.
acquired from HPX TechCo,
employment law-manage-
on the 2013 Inc. 500.
ment and litigation-labor
B. MATTHEW HORNOR is
1999
Johnson is with Smith
president, CEO, and a director of Kaizen Discovery,
a 100 percent–owned
Moore Leatherwood in
JOSEPH S. BROWN has been
subsidiary of High Power
Greensboro, where he con-
named to Buffalo Business
Exploration. Hornor has
centrates his practice on
First’s 40 Under 40 list and
extensive experience in
Seymour and Pease in
commercial litigation with
was honored for his
structuring and executing
Columbus.
a focus on construction,
achievement and
complex financial transac-
& employment. He is a partner with Vorys, Sater,
1998
contract, real estate, title
commitment to the
tions and raising capital in
AARON ZEBLEY is now a
insurance, and landlord-
Western New York
the mining industry.
partner at WilmerHale in
tenant matters.
community at a luncheon
Washington, D.C. Zebley,
held on November 7, at
JASON S. MCCARTER joined
who has been both an
ANDREW M. LOHMANN
the Buffalo Niagara
Sutherland, Asbill &
FBI special agent and an
was named a finalist for
Convention Center. He is a
Brennan as a partner with
assistant U.S. attorney,
legal advisor of the year
partner with Hodgson
the complex business
served as chief of staff to
JAMILA B. GRANGER has
by M&A Advisor and was
Russ and concentrates his
litigation team in Atlanta,
Robert S. Mueller III ’73,
joined Primo Water
listed in Virginia Business
practice on defending
Ga., in July 2013.
the former director of
Corporation in Winston-
among the legal elite in
private and public sector
the Federal Bureau of
Salem, N.C., as vice
business law for 2013. He
employers in lawsuits
Investigation.
president and general
is a shareholder, vice chair
involving a variety of
counsel. Previously
of the business section,
employment and civil
Granger was senior
and chair of the mergers
rights claims.
counsel and assistant
and acquisitions practice
secretary for Krispy Kreme
group with Hirschler
STEPHANIE CHANDLER is
star in business/corporate
DAN SMITH is now general
Doughnut Corporation.
Fleischer in Richmond.
listed in American City
law. He is a partner and
counsel and corporate sec-
Granger is a member of
Business Journal’s 2013
chair of the securities and
retary for Videology, Inc., a
ABA’s forum on franchis-
HELEN WAN has been
Who’s Who in Energy list.
corporate governance
privately held advertising
ing, diversity caucus, and
invited to speak about
She was also named a
team with Gardere in
technology company in
publications committee
her first novel, The Partner
rising star for 2014 in Texas
Dallas, where his practice
Baltimore, Md. He joined
and serves on the legal
Track, at a number of law
Monthly. She is a partner
involves all areas of
the company in 2008 as
symposium task force of
schools and law firms this
in the San Antonio office
corporate law, including
chief counsel and has seen
the International Franchise
spring. Her book, which
of Jackson Walker, where
mergers and acquisi-
it grow from a U.S.-based
Association.
1997
2000 CHRIS CONVERSE is listed in Texas Monthly as a rising
explores the challenge
her practice focuses on
tions, recapitalizations,
company with offices in
of navigating law firm
securities transactions,
financings, and public and
the U.S. and the U.K., to a
culture, particularly as
reporting and compliance,
private offerings of debt
a woman or minority
and equity.
UVA LAWYER / SPRING 2014 57
CLASS NOTES …
2001 LATHROP NELSON ’01 was a key member of the defense CHRISTIAN A. ATWOOD was
team from Montgomery McCracken Walker & Rhoads
named a private equity
that successfully defended U.S. Army Brig. Gen. Jeffrey
rising star by Law360 and
Sinclair in a recent high-profile court martial. The case
honored as one of The
involved multiple allegations, the most serious of
M&A Advisor’s 40 Under
which was sexual assault of an Army captain who was
MICHAEL P. ELKON is listed in
40 award winners in the
Georgia Super Lawyers
legal advisor category for
2014 in employment and
2014. He is a partner in the
labor law. He is of counsel
private equity group at
lawful military command” had influenced the prosecution. They negotiated a
with Fisher & Phillips in
Choate, Hall & Stewart in
deal in which the most serious charges of sexual assault were dismissed, allow-
Atlanta, where he
Boston, Mass.
ing Sinclair to plead to lesser charges. Nelson was responsible for drafting and
represents management in
his mistress. At one point the general faced the possibility of a lifetime in prison. Nelson and other members of the defense team were able to show that “un-
arguing the motion to dismiss for reasons of unlawful command influence,
all areas of employment
DAVE BELL has been pro-
which the military judge reconsidered and then granted. The judge found that
law in state and federal
moted to vice president
politics might have improperly influenced the prosecution’s plea agreement.
courts and state and
and senior counsel with
In the end, Sinclair was reprimanded and required to pay a $20,000 fine.
federal agencies.
Marriott International, Inc., where he is an in-house
The case triggered renewed debate over whether the Pentagon should reform the way it handles serious crimes such as sexual assault.
ALEKSANDER J. GORANIN
litigation attorney. In
has joined Duane Morris
September he and his
in Philadelphia, Pa., as a
wife, Elizabeth, welcomed
general litigation and was
executives in complex
partner in the intellectual
the birth of Declan Peter,
recognized as a rising star
business disputes and
BROWNING JEFFRIES was
property practice group,
their fourth child.
for 2013. He serves on the
serving as lead counsel in
granted tenure at Atlanta’s
Criminal Justice Act ap-
multimillion-dollar litigation
John Marshall Law School.
in state and federal courts.
She joined the faculty in
where he litigates patent, copyright, trademark
STEVEN M. KLEPPER
pellate panels for the D.C.
and trade secret cases.
responded to an article
Circuit and the 4th Circuit
He was formerly with the
by Professor Kenneth
and on the Maryland State
IP boutique Woodcock
Abraham entitled “Four
Bar Association’s appellate
Washburn.
Conceptions of Insurance”
litigation committee.
2008 and teaches legal
2002
writing & analysis; pretrial business organizations.
WILTON H. STRICKLAND
(2013), that appeared
DAVID STUCKEY is co-
practiced commercial
in the University of
founder and executive
litigation in Florida until
Pennsylvania Law Review
editor of CEE Legal Matters,
he moved to Montana
Online. Klepper’s response,
an online and print
in 2010. He recently
“Whose Conception of
publication that provides
co-founded Strickland &
Insurance?” 162 U. Pa.
in-depth coverage of
Baldwin, which provides
L. Rev. Online 83 (2013),
the lawyers and legal
JASON R. BARCLAY was
legal research and writing
is available at http://bit.
markets of Central and
named a 2014 rising star in
to attorneys nationwide
ly/1hpkibl.
Eastern Europe. See www.
white-collar law by
ceelegalmatters.com.
Law360. He was also
Klepper is a principal
drafting; legal research, practice & procedure; and
161 U. Pa. L Rev. 653
and to non-attorneys in
Associate Professor NEVA
2003
Montana and Florida. See
with Kramon & Graham
www.mylegalwriting.com.
in Baltimore, Md., where
KEVIN M. YOPP has been
Indiana Super Lawyers in
ANDREW G. BESHEAR was
he is an appellate litigator
named partner with
criminal defense:
named USA consumer
TONYA SULIA GOODMAN
in civil and criminal cases
Gilchrist & Rutter in Santa
white-collar law this year.
lawyer of the year for 2013
and her husband, Gregg,
before state and federal
Monica, Calif. He con-
He is a partner in the
and is included on the
welcomed their third
appellate courts. He is
centrates his practice on
litigation department with
2014 leading lawyer global
child, Carmella Grace, on
listed in Maryland Super
litigation in trial and appel-
Barnes & Thornburg in
250 list in Lawyer Monthly.
November 5.
Lawyers 2014 in appellate,
late courts, representing
Indianapolis.
He was named a rising star
insurance coverage, and
major corporations and
58 UVA LAWYER / SPRING 2014
named a rising star in
in Kentucky Super Lawyers
CLASS NOTES …
2013 and listed in Best
transportation, product
Lawyers 2013 in commer-
liability, general insurance
ALLISON ORR LARSEN ’04 was honored with the State
cial litigation. He is a
defense litigation, and
Council for Higher Education for Virginia Outstanding
member with Stites &
corporate and business
Faculty Award for 2014. Larsen is one of two recipients
Harbison in Louisville,
litigation. She serves on
recognized as a rising star, an accolade given to faculty
where his practice includes
the Indiana Supreme
who show exceptional promise early in their teaching
litigation, business and
Court Commission on Race
careers. She is associate professor of law at the William &
finance, nonprofit,
and Gender Fairness.
environmental, and economic development
Mary Law School, where she teaches administrative law, constitutional law, and statutory interpretation. She completed her under-
work. He represents
DANNY KIM and MEAGAN TOOHEY were married
utilities, banks, manufac-
on June 15, 2013, in
turers, health care
Columbus, Ohio.
graduate degree at William & Mary and joined their law faculty in 2010.
2004
providers, transportation
ELIZABETH C. SAUER has
Education. Their twins,
been elected partner with
Lily Hope and Abbott, start kindergarten in the fall.
companies, international
COLLEEN C. SMITH made
TIRZAH S. LOLLAR is now
Waller in Nashville, Tenn.,
distributors, and start-ups,
partner with Latham &
counsel with Vinson &
where she is a member of
and he also works on
Watkins in San Diego,
Elkins in Washington,
the real estate practice.
large-scale industrial
Calif. She is a member of
D.C. Lollar concentrates
development and
the securities litigation
her practice on white-
relocation projects.
and professional liability
collar criminal defense,
practice, as well as the life
government investigations
KATHERINE J. BRENNAN
sciences and information
and litigation, and client
became general counsel
technology–hardware,
counseling.
of Guy Carpenter, the
software & services
reinsurance subsidiary of
industry groups.
JEFF WHITE has been made J. COREY REEDER was
partner with Weil, Gotshal
Marsh & McLennan in New
elected to membership
& Manges in Washington,
York City, on January 1. She
with McNees Wallace &
D.C., where he practices in
also serves as a member
Nurick. He practices in
the antitrust/competition
of Guy Carpenter’s board
the business counseling,
group, focusing his work
of managers and global
Pennsylvania oil and gas,
SEAN S. SUDER has joined
operating committee. She
estate planning, and real
the partnership of
M&A transactions,
joined Marsh & McLennan
estate groups in State
Graydon Head in
government investiga-
in 2008 and was previously
College and Harrisburg,
Cincinnati. He served as
tions, and antitrust
senior counsel for corporate
with his primary location
chief counsel for land use
litigation.
and securities matters.
being State College.
and planning for the city of Cincinnati from
WILLIAM K. WYNNE
BRYAN M. RHODE has
2010–14. He focuses his
joined Thorn Run
Richardson’s IP litigation
been appointed CSX
practice on land use,
Partners in Washington,
group in Dallas, Tex. He
Corporation’s regional vice
zoning, real estate, and
D.C., as partner. He
focuses his practice on
president for state govern-
local government law, and
provides consulting
patent litigation matters
ment affairs in Virginia.
is also developing a
and advocacy services
involving e-commerce,
He is responsible for CSX
national zoning consulting
to a portfolio of over 20
banking, payments,
Transportation’s executive
practice. He is an adjunct
healthcare companies and
electronic messaging,
branch, legislative and
professor of land use law
organizations. He recently
computer software,
community initiatives in
at the University of
launched Healthcare Lighthouse, “the only
BRET T. WINTERLE is now a principal in Fish &
MELISSA F. DANIELSON has
on antitrust clearances for
been elected to partner-
business methods, medical
the state, and oversees
Cincinnati College of Law.
ship with Kightlinger &
devices, telecommunica-
similar efforts in Maryland
In November Sean’s wife,
comprehensive source for
Gray in Indianapolis, Ind.
tions, semiconductors, and
and Delaware.
Elisa Hoffman, was elected
unbiased Federal health
She focuses her practice
oil and gas drilling
to the Cincinnati Board of
policy information” (www.
on construction,
technologies.
healthcarelighthouse.com).
UVA LAWYER / SPRING 2014 59
CLASS NOTES …
2005
variety of genres. She represents several international and New York Times best-selling authors, including Kevin Kwan and Koethi Zan. She was previously with Janklow & Nesbit Associates.
MARCUS BROWN was named
TONI J. HOVERKAMP was
a rising star for 2014 in
appointed to a five-year
DAVID W. THOMAS is now
now a member at Bass,
Texas Monthly in employ-
term on the board of
partner in the commercial
Berry & Sims in Nashville,
ment and labor law. He is a
directors for the Flying
group with MichieHamlett
Tenn., where she focuses
shareholder with Winstead
Point Foundation for
in Charlottesville, where
her practice exclusively on
in Dallas, where he
Autism. She is a real estate
he focuses his practice on
health care law, advising
practices in the labor,
associate with Farrell Fritz
commercial and civil
clients on a multitude of
employment & immigra-
in Hauppauge, N.Y., where
litigation with emphasis
complex regulatory,
tion group.
she represents purchasers,
ALEXANDER W. MEJIAS is
on employment law and
operational, compliance, and transactional issues.
DANIELLE MURACA SLOANE is
sellers, and lenders in
now counsel with
other business disputes.
Kay Hill and ANDY FOY
residential and commercial
BrownGreer in Richmond,
He was named a rising star
welcomed their second
transactions, private
Va. He provides legal
for 2013 in Virginia Super
JOHN SHERMAN and his
child, a daughter,
developers and investors
counsel to artists, artists’
Lawyers. He is an adjunct
wife, Hobby, announce the
Georgia Carolynn, on
in joint venture negotia-
managers, and record
professor of trial advocacy
birth of their son, Joseph
September 14, 2012. They
tions, and landlords and
labels in the music
at the Law School.
McBride Sherman, on
live in Arlington, Va. Andy
tenants in leasing
industry. He drafts claims
recently started a new
transactions.
administration policies,
job with Iridium Satellite,
manages internal
September 7.
2006
CATHERINE STAHL is now
where he is director and
DOMINIC KOUFFMAN is now
procedures, and contrib-
partner at Kirkland & Ellis
senior corporate counsel
partner with Holland
utes to the design of
in Chicago, Ill., focusing
with overall responsibility
& Knight in Tampa, Fla.
claims review processes.
her practice on complex
for all intellectual property
Kouffman is a member
and litigation matters in-
of the litigation section,
MATTHEW M. SONNE is a
volving the company.
where he concentrates
partner in the labor and
on complex commercial
employment practice
DAVID J. GREENE is a partner
litigation, including
group with Sheppard
CHRISTOPHER MANGIN, JR. is
with Latham & Watkins in
contractual disputes,
Mullin Richter & Hampton
partner at Hunton &
Washington, D.C. He is a
business torts, fraud,
in Orange County, Calif.,
Williams in Richmond, Va.,
KATIE TOWNSEND has been
member of the corporate
and commercial credit
where he represents
focusing his practice on
named one of Law 360’s
department, where
litigation.
commercial litigation matters.
2007
employers in all aspects
federal income tax issues
rising stars for 2014 in
his practice focuses on
of employment law and
associated with real estate
media and entertainment.
investment fund forma-
related litigation.
capital markets transac-
She is a litigation associate
tions and real estate
with Gibson, Dunn &
companies.
Crutcher in Los Angeles,
tion, structuring, and related transactions, as
CHRISTOPHER J. TERHUNE is
well as the representation
now counsel with Vinson
Calif., where she is a
of institutional investors in
& Elkins in Washington,
member of the media and
alternative asset products.
D.C., where he focuses his
entertainment, appellate
practice on federal energy
and constitutional law, and
ALEXANDRA MACHINIST
regulation and energy
transnational litigation
recently joined ICM Partners
transactions.
and foreign judgments
in New York City, where she is a literary agent for a
60 UVA LAWYER / SPRING 2014
practice groups.
CLASS NOTES …
Doug Bouton ’10
Mike Keenan ‘08
Health-Conscious Entrepreneurs DOUG BOUTON ’10 and MIKE KEENAN ’08 worked in law firms for a few years before they left to launch two different, health-conscious businesses involving food: Halo Top Creamery and The Juice Laundry, respectively. Both start-ups are on track to make a healthy profit.
Halo Top Creamery
Bouton knew he and Woolverton could
businesses, scaling up nearly stopped them in
work well together, and the time seemed right,
their tracks a number of times. Their demand
Not long after he joined the corporate depart-
so they took the plunge. “We bootstrapped,”
that their product be all-natural, low-fat, and
ment of a large law firm, Doug Bouton realized
says Bouton, who quit his law firm job to
low-sugar proved a challenge to ice cream
it wasn’t a good fit for him. “In my case, going to
join the company while his partner worked
chemistry (sugar and fat help give ice cream
a big law firm was a mistake. But I chose a law
on research and development. Neither had
that creamy, scoopable texture).
degree because I knew it would open doors
experience in the food industry, and ice cream
and wouldn’t shut any. It’s all over the board
is in some ways particularly challenging. It
ingredients they use: organic strawberries,
what JDs are able to do with their degrees.”
took more than a year to learn the science of
Belgian chocolate, and organic Madagascar
making and packaging their Halo Top brand,
vanilla. Halo Top is the first and only light
www.halotop.com.
ice cream that is all-natural, with 7 grams of
Two years ago, in the Los Angeles lawyers’ basketball league, he met Justin Woolverton, a Columbia Law School graduate who was also
They invested their savings in the business
There’s no stinting on the high-quality
protein, 4 grams of carbs, and 70 calories per
pondering a career move. They became good
and raised $500,000 from about 20 friends
serving (a quarter of the calories in regular ice
friends. Woolverton’s passion for ice cream led
and family members. As with many new
cream). Instead of corn syrups and artificial
to their starting a business
sweeteners, Halo Top is
together—Halo Top Creamery.
sweetened with organic stevia.
Woolverton is hypoglyce-
Even the pint lid is a
mic; rollercoaster blood sugar
standout, with its shiny gold
levels have at times made him
rim. “We like to say it stands for
faint in public. He couldn’t
a halo of health,” says Bouton.
find the kind of ice cream he
Bouton is president and
wanted in stores, so he made
chief operating officer of the
his own all-natural, low-sugar,
business, and oversees all
low-fat, high-protein kind at
operations, inventory, storage,
home in a Cuisinart. Friends
shipping distribution, and
liked the taste of his healthier
sales. He also targets and
version so much that he be-
secures new accounts, among
gan to consider marketing it.
them Wegmans, Kroger, and
UVA LAWYER / SPRING 2014 61
CLASS NOTES …
Whole Foods. Halo Top is currently sold in
“It’s tough starting a business from scratch
Making the juice is both time and labor
approximately 700 stores and 30 states. In
and navigating the local, state, and federal
intensive. Keenan and three employees
Charlottesville, Foods of All Nations carries it.
regulations in the food world,” he says. “You’ve
grind fresh produce into pulp, then apply
got to have the knowledge and ability to
two tons of pressure to it in a hydraulic press
advertising can generate lots of talk, but not
interpret and abide by them. The food business
juicer to extract the juice. Two pounds of
much in terms of sales, Halo Top is focusing
is complicated and can be difficult. After law
produce go into every bottle. Keenan only
more on influencer marketing tailored to par-
school and four years practicing, I had the
uses organic produce and sources it locally
ticular groups. Fitness buffs, for example, can
confidence to know I could do this.” Law school,
whenever possible.
become brand evangelists, posting reviews on
he notes, gave him a broad skill set and taught
Facebook, YouTube, and Instagram. When their
him how to pay close attention to detail.
Because traditional public relations and
excitement catches on, sales take off.
It’s a cold-press operation, so no heat, no pasteurization, nothing added—just pure
The Juice Laundry produces 17-ounce
juice. Because it’s unpasteurized, it can’t be
bottles of fresh-pressed juice and nut milks,
sold wholesale to retail businesses. Keenan
cream category what Chobani has done in
including combinations like “citrus fire,” a
delivers to individual customers in Charlottes-
yogurt,” says Bouton, and it seems to be on its
blend of grapefruit, orange, lemon, ginger and
ville, Richmond, and other locations in Central
way: In the first quarter of 2014 Halo Top sales
cayenne pepper; “rinse + rebeet,” with beet,
Virginia, much the way the milkman once did.
were more than 75 percent of total sales for
carrot, cucumber, celery, and lemon; and the
He also has a regular stand at the booming
the entire 2013 fiscal year.
“green agitator,” with kale, spinach, cucumber,
farmer’s market in Charlottesville.
“Halo Top could do in the low-calorie ice
celery, apple, parsley, ginger, and lemon. While many consumers enjoy individual
The Juice Laundry
When it comes to getting the word out about his product, he, like Bouton, places little
juices or milks, packs of seven are recommend-
stock in traditional advertising or PR. Word of
ed for one, two, or three-day cleanses. Why
mouth works best. “When people like what we
After law school, Mike Keenan worked at
cleanse? The human body does a good job
offer,” says Keenan, “we see their family and
a mid-size firm in Washington, D.C., for four
of getting rid of toxins, but it’s hard work and
their friends.” And word spreads rapidly; in one
years before deciding to make a career switch.
expends a lot of energy. A juice cleanse deliv-
year the Juice Laundry has grown to the point
He wanted to return to Charlottesville and do
ers concentrated nutrition in an easy-to-digest
where it has reached its peak capacity.
something new and different. His interest in
form, allowing the system to rest and heal. The
juices and other healthy foods inspired him to
company Web site, www.thejuicelaundry.com,
retail location that offers smoothies and a
launch his own business, The Juice Laundry,
includes a detailed explanation of the benefits
salad bar,” says Keenan. His regular customers
in 2013.
of cleansing and juicing.
can hardly wait.
62 UVA LAWYER / SPRING 2014
“The next step big step for us will be a full
—REBECCA BARNS
CLASS NOTES …
2008
2009
ELLIOTT M. KLASS joined Vedder Price in New York City as an associate and member of the global transportation finance team, where he focuses his practice on aviation finance. He was formerly with Latham & Watkins.
CHRISTINE BESTOR TOWNSEND joined Belin McCormick in
EDWARD A. MULLEN is with
Des Moines, Iowa, as an
Reed Smith in Richmond,
associate in the litigation
where he has an adminis-
and labor and employ-
RACHEL BROWN ’11 and NOAH MINK ’11 were married on September 15 at Trump
trative and legislative law
ment law groups. She was
Winery in Charlottesville, with many of their Law School friends in attendance.
practice before Virginia
previously with Katten
state agencies and the
Muchin Rosenman in
general assembly. Virginia
Chicago, Ill.
Business recognized
PRIYA ROY joined
She focuses her practice
him as a legal elite for
Montgomery McCracken
on complex disputes
Walker & Rhoads in
involving construction,
Philadelphia, Pa., as an
contract, and environmental law.
legislative, regulatory,
2011
and administrative law, 2011–13. He was named a
NOAH M. GALTON is an
associate in the litigation
rising star by Virginia Super
associate in the litigation
department, where she
Lawyers, 2010–13. In the
section at Jackson Walker
concentrates her practice
HAILEY ELIZABETH PROCTOR
fall he joined the adjunct
in Austin, Tex., where he
on commercial litigation.
married Michael James
faculty at the Law School,
focuses his practice on
Before joining the firm, Roy
Barnett (Darden ’12) at
HYUN (ERIC) YOON joined
co-teaching a seminar on
commercial litigation,
was a clerk for the Hon.
Pippin Hill Vineyards
Vorys, Sater, Seymour and
legislative drafting and
including contractual and
Michael F. Urbanski ’81
in Charlottesville on
Pease in Cleveland, Ohio,
statutory interpretation
real property disputes
and the Hon. Robert S.
September 7. The Barnetts
as an associate in the
with Lane Kneedler ’69.
and eminent domain. He
Ballou ’87, both on the
reside in Atlanta, Ga.
litigation group.
helped win significant
U.S. District Court for the
GREGORY W. OLSON joined
victories for Lone Star
Western District of Virginia.
the full-time faculty at
Transmission in two
San Joaquin College of
eminent domain cases
Law in Clovis, Calif., where
tried before juries in 2013.
he teaches real prop-
The company completed
erty. He also serves as the
electric transmission
legal director for the New
lines to carry wind power
American Legal Clinic,
through 11 counties
RYAN WOESSNER joined
which trains students in
in Texas but could not
Faegre Baker Daniels in
immigration law while pro-
reach an agreement with
Minneapolis, Minn., where
viding free legal services
landowners on the value
he is an associate in the
to the underprivileged
of their property. In both
corporate and franchise
immigrant communities
cases the jury reached
in and surrounding the
verdicts favorable to
JULIA ABELEV joined the
He focuses his practice on
Fresno area.
Jackson Walker’s client.
construction and litigation
cross-border transactions
practice groups with Lane
and mergers and
Powell in Seattle, Wash.
acquisitions.
2013
and distribution practices.
UVA LAWYER / SPRING 2014 63
IN MEMORIAM
Charles D. Nottingham ‘42
Edward R. Parker ‘52
Wilson R. Hart ‘60
Robert A. Jones ‘66
G. Moffett Cochran ‘76
Chapel Hill, N.C.
Richmond, Va.
Falls Church, Va.
Denver, Colo.
New Canaan, Conn.
November 29, 2013
December 10, 2013
March 2, 2013
September 14, 2013
November 18, 2013
A. Rutherfoord Holmes ‘45
Theodore M. Forbes, Jr. ‘53
J. Theodore Abrams ‘61
Waller R. Staples III ‘66
John F. McGinley, Jr. ‘77
Sykesville, Md.
Atlanta, Ga.
Birmingham, Ala.
Glen Allen, Va.
Alexandria, Va.
November 17, 2013
September 24, 2013
March 1, 2014
December 3, 2013
February 17, 2014
Franklin S. Billings, Jr. ‘47
Alfred W. Whitehurst ‘53
Peter C. Guthery ‘61
Robert J. Colborn, Jr. ‘67
Eric C. Olson ‘80
Woodstock, Vt.
Virginia Beach, Va.
Denver, Colo.
Hyattsville, Md.
Salt Lake City, Utah
March 9, 2014
November 10, 2013
March 27, 2014
January 23, 2014
February 5, 2014
Richard H. Feuille ‘48
Richard H. Barrick ‘54
John B. Rhinelander ‘61
Thomas C. Williams ‘67
James David Hathaway ‘84
El Paso, Tex.
Charlottesville, Va.
Gloucester, Mass.
Augusta, Va.
Tucson, Ariz.
October 22, 2013
December 8, 2013
March 2, 2014
February 6, 2014
February 10, 2014
Charles W. Houchins ‘48
Thomas M. Dudley, Jr. ‘55
Donald H. Rhodes ‘61
Kennon W. Bryan ‘68
Michael W. Hubbard ‘84
Arlington Heights, Ill.
Durham, N.H.
Virginia Beach, Va.
Great Falls, Va.
Excelalor, Minn.
January 28, 2014
December 26, 2013
December 21, 2013
April 13, 2011
June 28, 2009
Harrison M. Robertson, Jr.‘48
Robert S. Youry ‘56
Richard R. Jackson, Jr. ‘62
Craig M. Bradley ‘70
Robert B. Pomerenk ‘84
Palm Beach, Fla.
Morristown, N.J.
Stevenson, Md.
Bloomington, Ind.
Bethesda, Md.
December 16, 2013
August 6, 2013
February 13, 2014
August 7, 2013
March 26, 2014
Atwell W. Somerville ‘48
Charles D. Fox III ‘57
Thomas D. Soutter ‘62
Richard A. Graham ‘70
Roger D. Scott ‘86
Orange, Va.
Honolulu, Hawaii
Barrington, R.I.
Chevy Chase, Md.
Fredericksburg, Va.
February 23, 2014
February 14, 2014
September 30, 2013
June 27, 2013
November 4, 2012
William F. Koegel ‘49
George W. Patteson ‘57
Robert W. Ahrens ‘63
John R. Lacey ‘70
William R. Quinlan ‘88
Somers, N.Y.
Richmond, Va.
Leesburg, Va.
Old Saybrook, Conn.
Wilmette, Ill.
February 3, 2014
November 1, 2013
September 14, 2011
December 1, 2013
October 1, 2013
William A. Perkins, Jr. ‘49
Paul D. Summers, Jr. ‘57
Peter H. Madden ‘65
Richard J. Stahl ‘71
Mary C. Hamilton ‘92
Deltaville, Va.
Charlottesville, Va.
Rye Brook, N.Y.
Fairfax, Va.
Carmel, Ind.
January 10, 2014
January 18, 2014
December 21, 2013
November 24, 2013
February 10, 2014
James G. Bowman ‘50
Judson F. Ayers, Jr. ‘59
Robert F. Ruehl ‘65
Mary Lee Stapp ‘73
John Timothy Buckley ‘04
Harrisonburg, Va.
Greenwood, S.C.
Doylestown, Pa.
Chapel Hill, N.C.
Clinton, N.Y.
January 6, 2014
November 9, 2013
February 3, 2014
October 27, 2013
September 24, 2013
Richard E. McConnell ‘51
Frank M. Slayton ‘59
John R. Crumpler, Jr. ‘66
Paul Y. Virkler ‘74
Palm Beach, Fla.
South Boston, Va.
Norfolk, Va.
Richmond, Va.
January 16, 2014
October 29, 2013
October 17, 2013
October 18, 2013
64 UVA LAWYER / SPRING 2014
Morton H. Clark ‘60
Richard S. Williamson ‘74
Williamsburg, Va.
Kenilworth, Ill.
October 7, 2013
December 8, 2013
IN PRINT
NON FICTION A Very Principled Boy: The Life of Duncan Lee, Red Spy and Cold Warrior Mark A. Bradley ’83 Basic Books
Duncan Lee was a patriot, Rhodes Scholar, and descendant of the Lee family of Virginia. He was also a communist sympa-
thizer who leaked vital secrets to the Soviets during World War II. He was exposed to leftist politics while he studied at Oxford and became a committed member of the communist party. After joining the newly established Office of Strategic Services, he rose quickly through the ranks to become a chief assistant to the head of the OSS, a perfect position from which to pass key strategic information to his Soviet handlers. Through him, the KGB learned details of some of America’s most important operations, including
the D-Day invasion and plans for postwar Europe. One of Lee’s handlers confessed to the FBI and outed him as a Soviet spy in 1945, but Lee managed to elude authorities repeatedly, in part because he had always insisted in passing secrets verbally. He left no paper trail. Paranoid, and disillusioned with communism, he became a cold warrior in China fighting Mao Zedong’s followers and died a free, though troubled, man. To research this first biography of Duncan Lee, Bradley delved into Lee’s private papers, thousands of pages of declassified documents, and the handwritten notebooks of a KGB officer and journalist. His work reveals the dark intricacy of Soviet espionage inside the U.S. from the 1930s through the 1950s. The result is the fascinating tale of a traitor who chose his conscience over his country. “An astounding story of espionage and counterintelligence, thoroughly documented and wonderfully told—a captivating read,” writes Hayden Peake, curator of the CIA’s historical intelligence collection. Mark Bradley is an attorney in the U.S. Department of Justice’s National Security Division and a former CIA intelligence officer.
Intimate Associations: The Law and Culture of American Families J. Herbie DiFonzo ’77 and Ruth C. Stern University of Michigan Press
Today there are many different family formations, or intimate associations, that accompany the rise in divorce, single parenthood, cohabitation, and same-sex partnerships. Adoption, surrogacy, and reproductive technologies have also contributed to new family structures. In Intimate Associations, DiFonzo and his wife, co-author Ruth Stern, investigate the social, legal, and economic implications—and challenges— of so many choices. They come with a high price in terms of social well being and economic stability, and the authors conclude that in a number of ways, children of married parents still have a better chance of succeeding than children of nontraditional households. The idea of traditional marriage and parenthood is
outdated, and the courts and legislatures need to accept and adapt to more fluid concepts of family roles. The authors support providing legal recognition for varied family forms, but note that their thorough review of social science data strongly suggests that raising children is still best done by a married couple, whether opposite or same sex. J. Herbie DiFonzo is professor of law at the Maurice A. Deane School of Law at Hofstra University. This is his second book.
90 Daily Devotions for Lawyers and Judges and Those They Serve Bert Goolsby LL.M. ’92 Concerning Life Publishing
The devotionals collected in this book were written to counsel, comfort, teach, and entertain. Judges and lawyers will find them helpful, but they will also have a broader appeal for
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everyone served by the legal profession. The author quotes passages from scripture that reflect a number of different perspectives, including those of a lawyer (Luke 11:46), a judge (Psalm 82), an enabler (Acts 8:1), an apparent failure (Ecclesiastes 6:12), and a sinner (Romans 10:9). Goolsby tells “war stories that lawyers and judges tell” to reinforce some of the points he makes. His peers—lawyers and judges—will likely find some of the courtroom stories familiar, but even those that are not familiar will ring true. “Wise, enlightening, poignant, funny, and appealing. … a masterful, beautifully balanced blend of devotionals exploring the scales of justice—man’s and God’s,” notes a reviewer. Bert Goolsby recently retired as a judge on the South Carolina Court of Appeals.
Deadly by Design: The Shocking Cover-Up Behind Runaway Cars Tom Murray ’65 Mark Advertising
Runaway cars have killed and injured thousands of drivers. Those who live to talk about their horrific experience insist that the brakes failed to stop their car. Even so, the National Highway Traffic Safety Administration has consistently blamed driver error for sudden accelerations. Deadly by Design begins with the author’s first sudden acceleration case and continues with fascinating details of the cases he has helped bring against Ford,
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Justice Among Nations: A History of International Law Stephen C. Neff ’76 Harvard University Press
Toyota, Volkswagen, Kia, and other manufacturers. Murray has 15 years’ experience litigating with Ford and other automobile manufacturers, during which time it was discovered that engineers knew that there were problems with the electronic systems that could cause crashes. Ever mindful of the bottom line, manufacturers had rushed untested electronics to market, and after the fact, it would be too costly—in terms of dollars—to acknowledge the problem. Through careful research of car company studies, reports, and documents, and testimony of car company representatives, Murray pieced together the behind-the-scenes story of how the federal government helped the car industry cover up the deadly problem. It’s time, he writes, for the automotive industry to stop forcing drivers to play a “secret game of automobile roulette.” More information and a video may be found at www. tom-murray.com. Tom Murray is a trial lawyer and legal educator who focuses his practice on sudden acceleration litigation.
Justice Among Nations tells the story of the rise of international law and its history, from ancient times to the present. The first basic set of doctrines came from China, but later the Romans set natural law, a universally applied law that took the place of earlier laws and governments. In medieval times, when European states came into contact with people from East Asia and the New World, conflicts between Christian and non-Christian people made it necessary to find legal solutions to problems. In the seventeenth and eighteenth centuries international doctrine as we know it today began to take shape.
of law: terrorism, genocide, and environmental pressures. “Justice Among Nations is by far the best general survey of the history of international law to date,” writes Randall Lesaffer, author of European Legal History: A Cultural and Political Perspective. Stephen Neff is a reader in public international law at the University of Edinburgh School of Law.
From Marshall to Moussaoui: Federal Justice in the Eastern District of Virginia John. O. Peters ’61 The Dietz Press
With the nineteenth century came the growth of free trade and international organizations, nationalism, European imperialism, and arbitration of disputes. The twentieth century brought the plan for the League of Nations and a World Court, but also socialist and fascist states and the cold war. Neff describes the most recent threats to the rule
From the time of the Founding Fathers and the first Judiciary Act in 1789, the court of the Eastern District of Virginia has dealt with issues that touch upon nearly every aspect of American life. John Marshall sat on the bench of this court from 1801–35, his entire tenure as Chief Justice of the Supreme Court. He confronted his cousin, Thomas Jefferson, in two important court cases, Aaron Burr’s trial for treason and Livingston v. Jefferson. The admiralty jurisdiction includes a fascinating history of cases involving pirates, treasure,
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and emerging Latin American republics. During the Civil War, Virginia had both federal and Confederate courts within its borders. The Eastern District was again front and center during the tumultuous years of the struggle for civil rights and school integration. More recently, cases that involve wireless communications, uranium mining, espionage, and international terrorist Zacharias Moussaoui have made their way to the docket. “From Marshall to Moussaoui: Federal Justice in the Eastern District of Virginia artfully traces the precedential decisions of a court that has made a rich contribution to the history of our Constitution,” writes U.S. Supreme Court Justice Antonin Scalia. “John Peters’ book is well-researched, informative and quite entertaining.” Governor Gerald Baliles ’67 hailed Cooper’s book as “ a rich and robust reflection of the history of America.” John Peters practiced law for 30 years as a commercial litigator.
Encountering Jesus in Word, Sacraments, and Works of Charity Peter J. Vaghi ’74 Ave Maria Press
Monsignor Peter Vaghi describes in his latest book the three main ways Catholics encounter Jesus—through scripture, through the celebration of sacraments, and through charitable works. Each section of the book looks at one of the three major ways Catholics encounter Jesus.
In the first section about the word, or scripture, Vaghi shows how scripture is the way believers are introduced to Jesus and begin to build a relationship with him. In the second section, Vaghi shows how the three sacraments of baptism, penance, and communion are all paths to strengthen faith and bring Catholics closer to Jesus. In the third section, he reflects on how acts of charity and the practice of loving others as ourselves brings us closer still. “A beautiful and thoughtful study,” writes Cardinal Donald Wuerl, Archbishop of Washington. “The most important thing that can happen to a person,” according to Pope Francis, “is to encounter Jesus, who loves us, who has saved us, who gave his life for us.” Encountering Jesus in Word, Sacraments, and Works of Charity offers reflections, prayers, and insights on how Catholics can deepen their faith and this key relationship in their religious life. Peter Vaghi is a pastor and author of the four-volume Pillars of Faith series. He practiced law for many years and continues his membership in the Virginia State Bar and the D.C. bar. He offers Catholic counsel to the profession.
FICTION King and Maxwell David Baldacci ’86 Grand Central Publishing
Sean King and Michelle Maxwell, former Secret Service agents who became private investigators, are back at work on a perplexing mystery. In King and Maxwell, a teenage boy named Tyler Wingo receives the news that his father was killed in action in Afghanistan, but later, his father sends word to him. The teen hires King and Maxwell to find out what happened. The father, Sam Wingo, isn’t dead. He was somehow involved in a secret and highly sensitive military operation that went wrong. To avoid becoming the fall guy and being put away in prison, he has gone into hiding. Pursued by Afghan rebels and the U.S. government, Sam Wingo is in great danger. Somehow, no matter how risky, he’s determined to return to the U.S. and his son. Back at home, the Department of Defense and Homeland Security pressure Sam to accept the official report of his father’s death. Asking too many questions, they say, could ultimately threaten national security. The action heats up, with breathtaking car chases, gunplay, and explosions. The lives of King and Maxwell are on the line. How much power should a government wield over its citizens, even when national security issues are involved? The question echoes in our troubled
times, and the fast-paced action keeps the pages turning. David Baldacci and his wife, Michelle, started the Wish You Well Foundation to promote literacy. Visit his Web site at www.DavidBaldacci.com.
The Finisher: They Don’t Want You to Know the Truth David Baldacci ’86 Scholastic Press
In an isolated settlement called Wormwood, curiosity is never encouraged. The leaders go about their business under a veil of secrecy. A rebellious teenager named Vega Jane, the heroine of this exciting teen fantasy, works hard at her thankless job, putting the finishing touches on luxury goods she could never afford. She begins to think there’s a larger world out there
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that has been hidden from her. The plucky girl is determined to break free, and she decides to follow the town’s other Finisher, who’s disappeared into a strange and dangerous land filled with garms, adars, jabbits, and other weird beasts. Defiant, and armed with self-confidence, budding magical powers, and magical tools, Vega Jane overpowers men and threatening monsters, and heads over the town wall to find out about the world outside. A “wildly fanciful and darkly intriguing tale,” notes a review in Publisher’s Weekly.
influence the media with one goal: to end Christianity as we know it. Propaganda seeps into everything. A nightmare is brewing. Jack Stone, a constitutional lawyer and firm believer in Christ, sees the rights of his fellow Christians pushed aside. Their churches have been attacked and bombed. Nemesis, a terrorist group, targets Christians, their ultimate aim to eliminate Christians from the United States. The word within the FBI and the White House is to avoid wasting time and money on the threat. When the president of the United States declares martial law and rallies a war against the Christian community, the believers know their only chance depends on help from God. This is Brian Chilton’s first book.
Christian Nation Frederic C. Rich ’81 W.W. Norton
Issachar’s Heirs Brian S. Chilton ’92 White Feather Press
In the near future that is portrayed in Issachar’s Heirs, religious feuding has reached a boiling point in the United States, and tolerance for conflicting beliefs is at a nadir. A powerful group believes that “our nation could never be the kind of humane, enlightened nation we need unless intolerant fundamentalist Christians were neutralized.” This group, with ties that reach into the White House, is able to manipulate events and
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In this intriguing work of political fiction, John McCain wins the 2008 presidential election. Shortly thereafter, he dies suddenly of an aneurism and Sarah Palin becomes president. As Christian Nation opens, nearly a decade has passed since fundamentalist Christian forces won the Holy War and took control of the United States. Their belief is called “The Blessing,” and those who do not follow it are denied the basic rights taken for granted by most Americans. The narrator of the novel has been taken to an abandoned
cabin in upstate New York and is told to remember and write. He traces the country’s descent into religious authoritarianism, fueled by a struggling economy, terrorism, and the ambitions of evangelical extremists. Greg, a lawyer on Wall Street; his girlfriend, a New York investment banker; and Greg’s best friend, an Internet entrepreneur, must make a choice between their personal ambitions and their moral responsibility. “Read as a cautionary tale or a terrifying what-if, this dystopian alternate reality makes riveting, provocative reading,” notes a review in Booklist. Frederic Rich has practiced as an international lawyer for 30 years.
POETRY One for the Heart: A Collection of Poems G. Raye Jones ’82 CrossBooks
In One for the Heart, G. Raye Jones expresses the strength of his faith in God and his belief that only through God’s love can we live a faith-filled good life.
His conversion occurred at a revival meeting in his hometown of Rawlings, Va., when he was nine years old. The poems in this collection describe the difficult times in which his faith pulled him through. He writes about the meaning of friendship, the beauty of eternal love, his compassion for others, and his commitment to a life in Christ.
A verse from “One for the Heart” proclaims the strength of the poet’s commitment to his faith: One word from you changes everything One word provides strength and grace And as one for the heart in this country boy’s life I can never thank or repay you, But do or die I must try. G. Raye Jones is an estate and tax planning attorney and a pastor.
OPINION
On the Heads of Women* By Kathy Robb ’80
girl awakes; washes her hands and face with warm, clean water running from the tap in her bathroom; dresses; grabs breakfast; brushes her teeth with cold, clean water from the same tap; flings her books and papers into a satchel that her mother worries is too heavy for her light and growing frame; and races out the door to the bus. Another girl awakes, splashes cold water from a basin onto her face, grabs breakfast, and takes a large, empty container from the corner as she races out the door to join some other girls and start walking the six miles to her destination. The first girl, my own daughter, is an American and lives in New York City. Every day she enjoys—without giving it a second thought, in the same way she breathes the air or assumes that she will have Internet access on demand—delicious water at the temperature of her choice from taps at home, at school, in museums, in public bathrooms, and in the pizza place around the corner. The second girl lives in Africa but could be from any number of other places in the world today where there is no water service. She is the water service. And because she must walk more than six miles each way and stand in line for a couple of hours to bring water to her community, she does not go to school. The first time we flush a toilet each day in the United States, we use about five gallons of water—more water than one out of every five people in the world has available to drink, cook, clean, and wash over a whole day. There have been only a handful of instances when a new idea has marked unmistakable and instantaneous change from everything that has come before—where an innovation stands like a bright line
between past and future and alters the way we think about ourselves and the world we live in. One such instance—at least for me—is that remarkable photograph of Earth taken from space back in 1972, during the last manned U.S. moon mission, Apollo 17. That iconic photograph, called the blue marble, demonstrates vividly that water (mostly salt water) covers about 70 percent of the planet. In fact, oceans make up more than 97 percent of the water on Earth, but it is expensive and highly energy intensive to take that salt water and make it usable. About 2.5 percent of the planet’s water is fresh, but more than two-thirds of fresh water is locked up in the polar ice caps and glaciers. What is left, in aquifers, wells, rivers, and lakes, amounts to trillions of gallons, but still only a very small amount compared with all the water available. In 1972, when the “blue marble” photo was taken, there were about four billion people on Earth. Today, within just one generation, there are almost seven billion. It is projected that by 2050 there will be nine billion. Based on these statistics, water consumption is doubling every 20 years. There is another reason that photo of Earth, looking like a blue marble floating in space, beautiful and fragile, is important. For the first time, we saw our planet as an indivisible whole, with no political boundaries and nothing to suggest that it is inhabited and being constantly changed by those who live here. The innovative technology that took us into space allowed us to see Earth from a perspective never before possible. That photo dramatically altered our appreciation of the natural environment and drove home that whatever happens on the planet happens to all of us. It illustrates that water is at once local and global. IMAGE COURTESY NASA JOHNSON SPACE CENTER GATEWAY TO ASTRONAUT PHOTOGRAPHY OF EARTH
A
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A woman carries metal pitchers filled with water from a nearby well at Badarganj village, in the western Indian state of Gujarat, August 5, 2012. Armed with the latest monsoon rainfall data, weather experts finally conceded that India is facing a drought, confirming what millions of livestock farmers around the country had known.
I have always loved the ocean. My father had been in the Navy as a young man, and my brothers and I enjoyed playing in the waves in visits to sandy white Jones Beach, starting when we were babies. Later, growing up in Texas, I came to appreciate the difference between the ocean and a swim in a lake, and the contrast between the sweet-tasting water from the tap in New York and the municipal sources in Dallas, on the one hand, and the occasional well water we had when visiting friends in more remote parts of Texas. But it was only relatively recently, in Silicon Valley, that I came to understand the crisis in a lack of drinking water globally, and how it is tied to women and girls. In 2000, journalist Ann Goodman contacted me with the kernel
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of an exciting idea about an organization for professional women, to promote and encourage sustainability. My enthusiasm and interest were immediate. I saw sustainability as a dynamic concept that, implemented in all its depth, could bridge differing views on environmental issues and bring together citizens’ groups, regulators, and industry. Here, perhaps, was a way to move beyond the polarizing conflicts that had characterized the beginnings of environmental thinking in the United States. With a handful of similar-minded women, we founded the Women’s Network for a Sustainable Future (WNSF). At a WNSF-organized peer learning program in Silicon Valley shortly afterward, we heard from several technology companies about
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their efforts to bring laptops to the world’s poorest children. Their goals were to teach and to connect isolated children to the larger world. Their stories were similar and fascinating. It turned out that to teach schoolchildren through computers, they first needed water. The original intention of the companies was to distribute laptops and run educational programs through schools. They quickly found in their early planning, however, that in many locations there were no schools, or the schools were only sparsely attended, because there was no water or sanitary facilities available. Girls were especially affected by the lack of sanitation, because they required privacy, and because they stopped coming to school altogether once they started menstruating,
because of the lack of separate sanitary facilities. Both boys and girls often missed school as a result of illnesses from contaminated water. And of course, many of the locations lacked the power that was required to run any laptop. So these inventors of technology did what they do best—they innovated. They partnered with governments and nongovernmental organizations whose expertise was improving sanitation and water facilities, and with organizations whose mission was to help build schools. They provided the laptops and the educational programs as they had intended and were rewarded with the satisfaction of seeing the benefit to the children from their work. Around the world—in remote parts of Africa, India, Brazil, Chile, Egypt, China, Russia, and Nepal, in Haiti and Togo—it is often women and girls who are responsible for providing water to households, women and children who are primarily responsible for collecting and managing water and making it safe to drink for their families. They travel several miles each day from their home in search of water, spending as much as eight hours a day collecting water. Every drop of water carried home must be managed carefully so there is enough for drinking, cooking, cleaning, bathing the family, and watering the vegetable garden. This means that millions of women and children spend hours each day searching for water, waiting in line for water, and carrying it back home on their heads, hips, or backs, causing damage and pain to their necks and spines. A water treatment engineer working in Haiti once reported watching women climb up and down a mountain path two miles each way every day carrying five-gallon buckets on their heads. Filled with water the buckets weighed about 40 pounds. The engineer scarcely washed for four days, to limit as much as possible any contribution to the women’s burden. Fetching water far from home can also be more immediately dangerous. Traveling out of their communities across comparatively long distances on foot, women and girls face the threat of sexual attack. In some cultures, rape victims, and the children of rape, are ostracized by the community. And I should mention that spending 60 percent or more of each day providing water leaves little time for other activities, including going to school, growing and preparing food, and working to produce income. It is estimated that in India alone, women spend 150 million workdays per year fetching water, equal to a national loss of income of 10 billion rupees ($167,000,000). The issues of clean water and sanitation cannot be separated. Rural water sources in developing countries are frequently contaminated, and even if there is a more healthful source, added distance, fear of travel, and time constraints may result in women’s obtaining, or accepting, lower quality water—not only in rural settings, but also in cities, where clean water may be priced out of reach for the poor or otherwise unavailable; indeed, contaminated water is the only option for some. Women and children are also the ones who suffer from inadequate sanitation during childbirth as the result of a lack of clean water. In Tanzania, women report taking clean water as the most highly prized
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gift for new mothers. And it is women who care for family members latrines; introducing pump handles that are easy to use and maintain; with waterborne diseases, most often their children. constructing a water tank that can be hooked up to existing, unused Moving water to communities by means other than on the backs supply pipes, rather than building an entirely new, more expensive of girls is an engineering problem that has been addressed successfully system; planting trees to combat deforestation and improve watershed before. After all, the Roman Empire began construction of its amazing quality; building a well pump that runs on the power from children gravity-driven aqueduct system almost 2,300 years ago. By the time playing on swings and other playground equipment; erecting stone the system was completed, some 500 years later, Rome’s 260 miles of barriers to prevent runoff and filter water—all these actions and many water infrastructure were capable of delivering 85 million gallons of others have been taken by communities to dramatically improve water water a day to the one million citizens of the ancient city. supply and, as a consequence, the lives of their people. Most scholars agree that any solution to water availability must The United States has an unparalleled opportunity to establish include community women in decision-making and water manageand implement a strong global water policy that benefits the needy, ment to reach effective solutions. Studies in Asia and Africa suggest encourages sustainability, advances economies, and saves millions of that women are not often part of water managechildren’s lives. In his Inaugural Address, President ment organizations in the community, resulting Obama vowed to the world “to work alongside in decisions that are not optimal. For example, Moving water to you to … let clean waters flow.” We need to make establishing a water source on a main road close good on this promise. And we need to encourage communities by means to home may address the issues of long-distance developing countries to promote sustainable other than on the travel to obtain water and free women to pursue water through their regulatory frameworks. education and income-producing work, but the The great poet Horace, who enjoyed the backs of girls is an location in a public place may have other issues water brought to his city by those Roman aqueengineering problem that are not addressed and that are crucial for ducts built 2,300 years ago, said, “To have begun that has been addressed these women, such as safety and modesty. is half the job: be bold and be sensible.” We have Not surprisingly, water engineering tends to begun the job of getting clean water to all people successfully before. emphasize providing water facilities, leaving the who need it, by identifying the problem and the social issues to be sorted out over time. Women’s answer. Now is the time to be bold and sensible, involvement in water management can sometimes and finish that job, creating solutions that don’t be seen as largely a household function centered bear the weight of water on women’s heads. on providing, managing, and safeguarding water for the family, although studies show that women Kathy Robb ’80 became interested in environmental are equally interested in exploring ways to be issues as a child, while riding in the backseat of engaged in income-producing enterprises. Of the family station wagon out west. A partner with course, improvements in water supply address Hunton & Williams in New York, she focuses exboth. A gender focus on water management would clusively on environmental law, including litigation involve a reexamination of the social approaches in federal district and appellate courts and advice and how they might differ for men and women. on regulations, compliance, and environmental There is also agreement that engineering risks. She works on water issues under the Clean solutions must be compatible with the culture and Water Act, the Endangered Species Act, the Natural on a scale with the problem. In considering how Environmental Policy Act, water-related Superfund to provide safe, sustainable supplies of drinking sites with PCBs and other contamination in sediwater and improved sanitation and hygiene, the challenge is not ments and groundwater, representing clients that include water districts, finding solutions—proven, effective, sustainable solutions abound developers, electric utilities, energy companies, investors, lenders, chemical that are simple and inexpensive and can be taken individually and manufacturers, and paper mills. Robb is a co-founder and currently collectively. The issue is awareness and implementation. chairs the Women’s Network for a Sustainable Future, a nonprofit orBy tapping into creative, innovative thinking, we are finding less ganization advancing sustainability, and a former board member of costly and more efficient ways to address water issues and get those the Environmental Law Institute in Washington, D.C., where she serves girls to school. Small projects like establishing a water purification as vice-president of the Leadership Council. She chaired the ABA’s 31st lab for a local hospital where more than half the patients were being Annual Water Law Conference last year. treated for waterborne diseases; using chemicals available locally to *Reprinted from Written in Water: Messages of Hope for Earth’s introduce simple methods of water purification; supporting local efforts Most Precious Resource, published by the National Geographic to design a water treatment center; designing and building simple Society, 2010.
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