The Cumberland Lawyer Summer 2014 by Samford University's Cumberland School of Law

SUMMER 2014

the people

issue

Starnes Family Endows Faculty Chair Welcome Dean Strickland Advocacy Ranked #6 by U.S. News Jere F. White Institute

Contents

Trial Advocacy Named to Top 10 Samford University’s Cumberland School of Law is once again ranked among the top 10 in U.S. News & World Report’s 2014 list of schools with the best programs in trial advocacy training.

Family Gives $1.5 1 6 4 Starnes Million to Endow Faculty Chair

Trial Advocacy Named 7 to Top 10 by U.S. News & World Report

C. Strickland III 8 Henry Named Dean

The Good Cause of Judge John Carroll

Floyd, Kuruk and Smolin Lead International Focus

18 22

Stoddard, Baggett, Schuck and Shaw Teach Students to Think Like Lawyers Young Faculty Bring Scholarships, Insights to the Classroom Bishop, Walthall and Stone Shape Students into Productive Legal Professionals

28 34 38

Class Notes

40 42

Reunion Weekend 2014

Award Winners New Alumni President Mary Ann Etzler

School News

Cover: W. Stancil “Stan” Starnes ’72 and his wife, Joan

8 Dean Henry C. Strickland Editor in Chief Derrek G. Smith

Director of Creative Operations Janica York Carter

Director of Client Relations Laine Williams Senior Graphic Designer Scott Camp Director of Photographic Services Caroline Summers Contributors J. Mark Baggett, Connie L. Cox, David R. Hutchens, Robert MacKenzie III, Anne L. Marovich, Philip Poole, Chandra Sparks Splond

from Judge Carroll Being dean of Cumberland School of Law has been the most rewarding time in my professional life. I love our law school dearly and owe her greatly. As of July, I have returned to a full-time faculty position. I am excited about having even more opportunity to teach and interact with our impressive students. Cumberland School of Law is well positioned for the future and is in good hands with a phenomenal leader, Dean Henry C. Strickland. One of the greatest assets we have is our faculty, and I am pleased that this issue features some of those outstanding men and women. As we continue our efforts to keep the cost of a legal education down, we are consistently challenged to find ways to adequately reward our faculty for their efforts on behalf of our students. Support for our faculty is one of the primary reasons why we have launched the law school capital campaign, “Pride. Promise. People.” We are soliciting your financial support to establish new academic chairs and to provide funds for summer research fellowships. In the academic world, endowed academic chairs are a special mark of honor and significant achievement. We currently have six endowed chairs and are seeking to add three more. The creation of an endowed chair requires a significant pledge of $1.5 million or more. One of the chairmen of our capital campaign is W. Stancil “Stan” Starnes ’72, who is featured in this edition. Stan is a competent and caring lawyer who exemplifies the best of our profession. He understands the importance of giving back to our law school, and he and his wife, Joan, have provided funding for the first of our new endowed chairs, to be named in Stan’s honor. The capital campaign also will focus on raising scholarship funds to help our students with the cost of legal education. We are seeking to raise $7.5 million in new scholarship funds and to double our endowment by raising a total of $15 million by Dec. 31, 2014. To accomplish this goal, we will need the support of all our alumni. We deeply appreciate any support you can give our outstanding faculty and students. Thank you again for the honor and privilege of being the dean of our law school for the past 13 years.

Judge John L. Carroll

‘No Higher Calling’ by J. Mark Baggett

Starnes Family Donates $1.5 Million to Endow Faculty Chair The consummate lawyer. It’s a term inevitably applied to W. Stancil “Stan” Starnes ’72, and when other consummate lawyers give you that description, you belong to a small club. Mike Florie, a former law partner of Starnes and senior partner at Starnes Davis Florie, LLP, elaborates. “I tried cases with Stan for 20 years in courtrooms all over Alabama,” he said. “He was a consummate trial lawyer. Not only was he a gifted strategist and possessed of an encyclopedic knowledge of the law, he was absolutely magnificent on his feet in front of a jury. His courtroom presence was unmatched. He earned and held the respect of every trial judge in this state and was admired by every opponent. Stan literally forged the template for the successful defense of physicians in this state. He did it with a lightning-quick mind, a hunger for the exploration of new ideas, and always with absolute integrity.” Bruce Angiolillo, an attorney with Simpson Thacher & Bartlett, LLP, in New York City, N.Y. said, “Trial lawyers, by nature, can be quite frugal when complimenting a rival. When talking about Stan, we can’t help but break with convention.” Angiolillo, who has been cocounsel with Starnes in several high-profile cases and whose litigation caseload takes him all over the country, says Starnes’ “decency” and “natural talent” command respect. “One of the true lessons I learned from Stan is his demeanor in the courtroom,” Angiolillo said. “Sometimes, the bench as well as an adversary will be disagreeable and even blatantly unfair. I never saw that sense of disdain or personal disrespect from Stan, even when it was deserved. That’s quite extraordinary. He stands his ground, but he doesn’t make it personal. Stan would be successful in any courtroom in the country.” Starnes, one of Alabama’s foremost trial lawyers for 35 years and now CEO of ProAssurance in Birmingham, is no self-promoter. He lets the record speak for itself and also gives substantial credit to Cumberland School of Law. Cochair of the “Pride. Promise. People.” capital campaign, launched in the fall of 2013, Starnes recently announced the gift of an endowed faculty chair. “None of us has any higher calling to our law school than to participate,” he said. “I would urge each one 4

of us to reflect on the time since we left the law school how the law school equipped us for the life we set out upon.” What sticks with Starnes today are the memories of faculty members who opened a window on the richness and depth of the law. In announcing his gift, Starnes said that “no law school rises above its faculty.” “Frank Donaldson taught Contracts 1 and 2,” Starnes said. “He introduced us to a new level of intellectual rigor. He could take a case and teach more from it and glean more out of it than I had ever seen. I learned there was a difference between a great thinker like Frank Donaldson and the rest of us. He was able to utilize the Socratic method in a way that was extraordinarily effective. “Bo Cole was a young faculty member who influenced me in much the same way,” Starnes continued. “He taught equity jurisdiction, a difficult course for first-year students. He became a kind of role model for me. Janie Shores was another. She was the faculty member for the trial advocacy board. She taught conflict of laws and trial and procedure. She had a talent for getting beyond the black and white ink of a case, to demonstrate what the case was really about, the consequences and implications of a case.” Judge John Carroll ’74 said, “Cumberland is a place where good people become exceptional lawyers. Stan is a consummate lawyer who has practiced his craft with the highest levels of competence and professionalism.” Starnes began the life of a lawyer early. After serving in the Navy, Starnes’ father finished law school at the University of A labama when Stan was born. The family moved to Oneonta, Ala., for a few years before settling in Birmingham when Starnes was 5 years old. The first book he remembers seeing was the 1940 Code of Alabama in his father’s law firm. “My father was an outstanding trial lawyer,” he said. “I had many opportunities to see him in the courtroom because I was a runner at his old law firm when I was in high school. Because of him, I wanted to be a trial lawyer. Like him, I was committed to representing people in litigation. “He was an exceptional man, but he had a tough life. He had grown up during the Depression with a single mother and brother and sister. His father, a state mining inspector, died in an accident when my father was 5 years old. He lived through World War II, where he served in the Navy. He came out of a family where no member had ever gone to college. He had a difficult life growing up, and it is a tribute to him that he persevered.” Working as a clerk during his summers in college, Starnes feasted on the courtroom trials and the range of styles in the hotly litigated malpractice cases, automobile accident cases and product liability cases of 1950s and 1960s Birmingham. Starnes started Cumberland School of Law at age 20 in the fall of 1969. He had just earned his undergraduate degree in b usiness from the University of Alabama but wondered if he had the self-discipline to be a serious law student. He graduated summa cum laude, was editor-in-chief of the Cumberland Law Review and a member of the Moot Court Board. His was the first class to see the Cumberland Law Review published, and he participated in volumes 1, 2 and 3. His moot court experience not only prepared him for his litigation career but also broadened his perspective. He went to New York for the first time as a member of the Moot Court team. “In my 20s, I said Cumberland prepares you in practical ways to be a lawyer representing real people, real situations, not theoretical applications,” said Starnes. “That’s true today still. “But Cumberland today is part of a larger institution with a strong faith-based foundation. That makes Cumberland unique. It is a place where the value of ethics is profession, and even if you are not Christian, there is much to be said for understanding and promoting the commitment to the W. Stancil “Stan” Starns ’72, and his wife, Joan.

ethical requirements and constraints of the legal community. This must be the emphasis in the world we live in. The world around us is quite capable of rationalizing practically anything. Cumberland will provide teaching and justice because it can be the difference in what is desirable and what is right.” Starnes was offered two jobs by Birmingham firms who had never had a graduate from Cumberland School of Law. In 1972, he practiced at the Cabaniss Johnston firm. In 1975, he and his father left their firms and started Starnes & Starnes. “The Starnes firm started with father and son and grew to 60 lawyers when I left,” Starnes said. “On a percentage basis, no firm in Birmingham grew more.” His father died in 1983, and Starnes went on to become one of the most prominent attorneys in Alabama, primarily in medical liability defense, but also defending such prominent clients as University of Alabama President Joseph Whitt when the university fired football coach Mike Price. His professors were role models and professional mentors, but his father towered above them in influence. He provided a toughness— and perhaps the genius for assessing and arguing cases—that Starnes inherited. Tony Davis, a senior partner at Starnes Davis Florie who practiced law alongside the Starnes for 30 years, says father and son shared the same secrets for success. “He got a lot of qualities from his dad,” said Davis. “He is very hardworking, very disciplined. He is fiercely loyal to his clients. He leads by example.” Davis describes Starnes as a good husband, father, son and brother. His mother, Peggy, died in 2012. His brother, Jim, g raduated from Cumberland School of Law in 1978. His son, W. Stancil Starnes, Jr., is a 2010 graduate. “Very quietly, behind the scenes, he does a great deal,” said Davis. “He is generous to a fault, and this bleeds over to all other areas of his life—church, civic, professional.” Starnes’ wife, Joan, shares the same level of civic commitment. She is or has been a member or officer of the board of the Junior League of Birmingham (president), Literacy Council (chair), Birmingham International Festival (vice chair), Birmingham Botanical Gardens and McWane Science Center. The couple raised three children—J. T., Will and Amanda—and the two sons are following the family tradition of Cumberland School of Law lawyers. J. T. ’02 is a partner at Lightfoot, Franklin and White. Will ’10 is an associate at Starnes Davis Florie. Davis says that Starnes loved to tell stories of the local color of county courthouses, “not making fun, but finding humor in everyday life.” “Every case is a story, something comical, tragic, moving,” said Starnes. “I’ve defended lots of physicians, and I remember one case where I defended a doctor who was demonstrating to the jury, in graphic detail, how an injury happened. One juror became so squeamish, she fainted, and the defendant doctor had to treat her.” These stories provide a glimpse into Starnes’ enviable record for success in the courtroom, particularly as an outsider attorney defending big-city clients in small towns. “Trying cases in small towns depends on your case and client,” he said. “Some clients you want to push to the forefront; others you want to keep behind you. “The presumption is that because you are from the big city, you will look down on them and you will condescend,” Starnes continued. “You have to fight that expectation in every way, not only verbally, but through your manner and the way you behave. You don’t want

anybody thinking that you think you’re the smartest person in the room. And of course, in my case, that was easy.” Starnes believes the best trial lawyer is the lawyer who can humanize his or her client in a way that the jury can understand why the client did what he or she did. “I remember the Salotti case involving the railroad, where an employee had been hurt and had come back to work and then died of a heart attack,” he said. “We won the case, which was unheard of at the time. The reason we won is because we convinced the jury that the railroad had done the right thing because they had doctor clearance. The trial got to be about whether there was a dignity in work and whether the employee had a right to go back to work. The issues are generally bigger than the parties themselves.” Angiolillo learned to appreciate Starnes when Starnes was the insider in a case tried in Alabama. “I had come down from New York,” said Angiolillo, “and Stan, being the perfect gentleman, let me argue first. It was readily apparent, almost immediately, that the judge was not pleased that I had marginalized Stan, the distinguished lawyer from Alabama. It almost became a My Cousin Vinny situation, and I learned my lesson fast.” As a lawyer who has dealt with causation practically every day of his professional life, Starnes finds a strong link between his law school experience and his work. “If you are a lawyer, you couldn’t do what you get up to do every day were it not for your law school,” he said. “There is a direct causal relationship. My gratitude to Cumberland is unbounded. It has made a remarkable impact on my life.” In October of 2006, Starnes assumed the position of president, corporate planning and administration, with Brasfield & Gorrie, LLC, one of the nation’s leading commercial contractors. Shortly thereafter, seeking to “re-energize” his career, he became CEO of ProAssurance in Birmingham in 2007. Prior to this new role, he led outside defense counsel for ProAssurance and was one of the architects of the company’s stated policy of “passionately defending n onmeritorious lawsuits.” “It is a real attribute to Cumberland that legal education can provide training not only for the practice of law, but for a role in the business world as well,” said Starnes. “When I went to ProAssurance in 2007, I learned that the differences in being a practicing lawyer and a CEO are vast. As a lawyer, I was ultimately responsible for the right and wrong for what I did in representing a client. Whether we won or lost is dominated largely by what I do. At ProAssurance, I depend on 900 other people to determine whether we succeed or fail. It is much more complex and much more difficult to move things than one lawyer is able to do.” Birmingham attorney Gusty Yearout has been friends with Starnes for 40 years. “I have seen him work his entire legal career,” said Yearout. “He is the hardest working lawyer I have ever known, and he is the best friend anyone could have. If he is your lawyer, you don’t need any other lawyer, and if he is your friend, you don’t need any other friend.” Starnes calls his home in Highlands, N.C., “a slice of heaven.” Pursuing his “mountainous volume of reading,” Starnes usually balances fiction (Donna Tartt’s The Goldfinch, author Walker Percy, and John Kennedy Toole’s The Confederacy of Dunces) with nonfiction. He just finished reading Doris Kearns Goodwin’s The Bully Pulpit, a history of Theodore Roosevelt, William Howard Taft and the Progressive Era. The New York Times wrote that the book was “a history of a time when this country had politicians of stature and conscience.” A fitting book for the consummate lawyer. CL

Trial Advocacy Named to

TOP 10

by U.S. News & World Report Samford University’s Cumberland School of Law is once again ranked among the top 10 in U.S. News & World Report’s 2014 list of schools with the best programs in trial advocacy training. The law school tied for sixth place in the category. In trial advocacy courses, students argue cases before mock judges and juries, and may compete in national or regional mock trial competitions. The U.S. News ranking is based on a survey of faculty from law schools nationwide. “Our high national ranking in trial advocacy is a testament to the hard work of the faculty and staff who teach and work in our trial advocacy program and our students and their coaches who have had exceptional success in national competitions,” said Judge John L. Carroll ’74. “Cumberland School of Law prides itself on producing lawyers who are ready to practice.”

From the first-year evidence course through the capstone advanced trials skills course incorporating the latest courtroom technology, Cumberland School of Law teaches students every aspect of trial law, said Deborah Young, law professor and director of the Center for Advocacy and Clinical Education. “We are delighted that Cumberland’s exceptional Trial Advocacy Program has once again received this national recognition,” said Young. “We thank the many judges, attorneys and alumni who support our outstanding trial advocacy students.” The program is regularly included in U.S News rankings. Student teams consistently receive regional and national recognition for outstanding performance and professionalism. CL

Trial advocacy team members showcase a few trophies won around the nation by past Cumberland School of Law teams.

Henry C. Strickland III Named Dean by Derrek Smith and Philip Poole

Henry C. Strickland III was named dean of Cumberland School of Law, effective July 1, 2014. He joined the faculty in 1988 and served as associate dean for academic affairs from 2001 to 2011. He teaches courses in alternative dispute resolution, arbitration, civil procedure, constitutional law and conflict of laws. Strickland remains active during summers, traveling to more than 10 cities to teach bar exam prep classes.

“It is truly an honor to serve as the dean of Cumberland Law School,” said Strickland. “For more than 150 years, Cumberland has prepared exceptional lawyers who are devoted to serving their clients and their communities. I am excited about working with the outstanding faculty and staff of the law school, Cumberland’s devoted alumni and the bar as we meet the challenges of continuing that tradition in the 21st century.” Prior to joining Cumberland School of Law, he practiced with a Charlotte, N.C., firm for three years. He also served two years as a law clerk for the U.S. District Judge Virgil Pittman in the Southern District of Alabama. “Professor Strickland is uniquely suited to assume the deanship of Cumberland School of Law during this strategic phase of its history,” said Samford Provost and Executive Vice President J. Bradley Creed. “He is a proven and experienced legal educator, and is highly respected by faculty and alumni. I have confidence in his leadership and am looking forward to working with him.” A graduate of Presbyterian College, Clinton, S.C., Strickland earned his law degree from Vanderbilt Law School, Nashville, Tenn., in 1983. He graduated in the top 15 percent of his class and was an editor for the Vanderbilt Law Review. He is a member of the American Bar Association, the American Arbitration Association’s panel of arbitrators and mediators, and the Association for Conflict Resolution. “We spent months reviewing applications and interviewing candidates for the position,” said T. Brad Bishop ’71, professor of law and cochair of the dean search committee. “[Strickland] is a well-respected faculty member of the law school. He is an outstanding teacher and served as the academic dean for many years. Corky will be a popular choice with Cumberland faculty, staff, students and alumni.”

The top candidates for the position were invited to present their five-year vision for the school. After working in legal academia for 26 years, Strickland presented a five-year vision that revealed his understanding of current legal times and prospects for future legal times. Cumberland Lawyer asked Strickland about his new role with the law school:

What makes you excited about the next phase of your career at Cumberland School of Law? I am excited about continuing Cumberland School of Law’s mission and legacy of preparing great lawyers who serve their clients and their communities. That mission is important, because the country needs people who will provide legal services competently, efficiently, ethically and professionally. Law schools in general face a variety of profound challenges in pursuing that mission, but Cumberland is uniquely situated to meet them. Cumberland is special because of its people and their devotion to the school’s core mission—preparing students to practice law. There is a sense of community that pervades faculty, staff, students and alumni alike. Faculty and staff care deeply about the students and work tirelessly to assure that students succeed. The faculty are not just available to students; they purposely cultivate personal interaction and provide support to students on academic as well as other matters. The student body also has an unusual cohesiveness that is more like a liberal arts college than a law school, with students forming relationships that last a lifetime. Those relationships are evident among alumni, who remain fast friends and who continue to support the school. That sense of community facilitates students’ education and makes Cumberland School of Law a

more humane and sane place to study law. The challenges that face legal education are substantial, but the people at Cumberland make it the ideal institution to meet those challenges.

What changes are coming to legal academics, and what do they mean for Cumberland School of Law? The great recession, new technology and changes in the legal profession have wrought changes in the legal marketplace that are having and will continue to have enormous impact on law schools. They create challenges that are as profound as law schools have encountered in decades. Law firms are hiring fewer entry-level lawyers. Corporations are demanding more efficient and less costly legal services, and are growing their in-house legal staffs. Law firms and corporations are outsourcing substantial work to legal service companies in the United States and abroad. Sophisticated new technologies make it possible for law firms and companies to perform legal work like document review with fewer lawyers and at lower cost. Certain legal services are being mass-marketed to the public online. These changes do not appear to be slowing, and they certainly will not disappear. Cumberland School of Law must be very purposeful about making sure its graduates have the knowledge, skills and values needed to secure and excel not only in traditional law practice but also in emerging legal jobs. While the methods of communication and delivery of legal services have changed and will continue to change rapidly, there will remain a need for lawyers—people with legal knowledge and the ability to apply it to provide legal services. Even as systems are developed to streamline legal work and certain legal services are delivered through mass-marketed systems like “LegalZoom,” there still will be lawyers devising the systems and providing the content. In order to position our graduates to obtain these emerging jobs, we must give them opportunities to acquire backgrounds in process design, project management, infor mation systems and the ever-changing role of technology in the delivery of legal services.

One healthy change is a shift in law schools to better prepare students to practice law—not just treat law as a purely academic pursuit. Cumberland School of Law is ahead of most law schools in this regard, because it has always sought to provide a practical legal education that teaches theory and analysis but also prepared students for practice. Cumberland is building on that tradition by working with alumni and the bar to articulate core competencies that all graduates should possess. Faculty are studying and implementing new programs to assure students acquire those competencies. These include a new mini-term that provides intensive instruction and practice relating to interviewing, counseling and negotiation. Cumberland will continue these initiatives, working hard and carefully to retain the many effective aspects of our program while adapting it to assure students are prepared for jobs in the new marketplace.

What makes alumni so important to Cumberland School of Law?

Alumni will be more important to the school than ever before. They have always played important roles in recruiting good students, judging and coaching competitions, speaking to classes, and providing financial support. Alumni help in recruiting good students will be critical in the face of increased competition, and expanded financial support will have to be part of the effort to reduce student debt loads. Preparing graduates for the ever-changing legal marketplace will also require Cumberland to work closely with alumni and the bar to assure graduates have the knowledge, skills and values needed to succeed in the fast-evolving profession. Providing instruction, practice and usable feedback to students in a cost-effective manner will require assistance from the bar, particularly on practice skills such as counseling, negotiation and trial advocacy. Cumberland must also institutionalize ongoing input from alumni to stay abreast of emerging job opportunities and what students will need to succeed in those jobs. We will build on our strong ties with alumni and the bar to assure our graduates have what they need upon graduation to represent clients effectively and add value to their employers. CL

The Good Cause of J

The day begins early and with purpose, whether it is a one-hour run, swim or bike ride. It will be a day mixed with academics, administration, community service and family. Such is the life of Judge John Carroll, whose deanship concluded July 1, 2014. He is returning to full-time teaching. Such a change comes with a mix of admiration and sadness, given the contribution Carroll has made to the practice of law. His positive impact goes well beyond the gates of Samford University. He has touched the lives of all who are committed to improving the administration of justice.

Judge John Carroll by Robert “Bob” P. MacKenzie III ’84, partner, Starnes Davis Florie, LLP

Carroll’s service as a civil rights lawyer, U.S. Federal Magistrate judge, dean and professor are well known. Yet to describe his contri bution only by these positions does not wholly define the character of the man. He addresses complex constitutional issues and controversial matters through a simple approach that is to “be nice and do the right thing.” He is equally at ease with justices of the Unites States Supreme Court and with the underprivileged clients whom he has represented. He views the study of law in a serious fashion, yet he will cancel classes to celebrate the life of a dog. The hand that writes a scholarly article also plays a mean guitar. He enjoys classical music, but his favorite band is the Rolling Stones. The competition he enjoys in the courtroom is matched by his love for college sports. His disappointment with an unfavorable opinion is closely matched by a loss of the Atlanta Braves, or even worse, by his Washington Redskins. Carroll is simply not someone easily defined. He did not grow up in a family of lawyers. There was no pre determined course to bring him to the Deep South, or lead him to a courthouse and law school. He was born to an Irish/Catholic family in Washington, D.C., while his father was serving in the army during World War II. While never graduating from high school, Carroll’s father through self-determination rose from the position of a blue-collar worker to become a business owner. Carroll attended Gonzaga High School, a Jesuit high school in urban Washington, where the teachers were strict and students were from all races and socioeconomic backgrounds. Upon graduation in 1961, he entered Tufts University in Medford, Mass., a suburb of Boston. Carroll was the first in his family to go to college. He graduated with a degree in economics in 1965, and it was the Vietnam War, not the practice of law, that was on his mind. Having been in Naval ROTC at Tufts, Carroll planned to become a Marine Corp fighter pilot. He was sworn in as an officer, but eyesight issues led to him being trained as a bombardier/navigator for the A6A Intruder fighter jet. In October 1967, he was transferred to Da Nang Marine Air Base in the Republic of Vietnam. For the next year, Carroll flew over 200 combat missions, more than 100 of those into North Vietnam, where antiaircraft fire and missiles were fierce. Carroll met his wife, Susan Gaskins, while at the Marine Corps Air Station at Cherry Point, N.C. They celebrated their 44th anniversary in March 2014. Carroll was honorably discharged in 1969 with the rank of captain and several service commendations. He entered Cumberland School of Law in August 1971 after a year working and traveling the nation for Alderman Studio, a furniture industry–related business. He had never been to Birmingham; his only visit to the state was a quick drive through Montgomery en route to assignment at Pensacola Naval Air Station. It did not take long for Carroll to make a name for himself. Whether it was his arrival on a motorcycle, his long hair, his liberal political leaning or his academic achievements, Carroll stood out. He

served as president of the Student Bar Association, an associate editor of The Cumberland Law Review and member of the National Moot Court Team. He graduated magna cum laude. He was accepted to the LL.M. Program at Harvard Law School. Upon graduation, the temptation for a high-profile associate position gave way to a desire to represent those who needed help most of all. This passion was guided by Carroll’s view that there were victims of unequal application of the rule of law. He applied for and received a position as a staff attorney with the Southern Poverty Law Center in Montgomery. From 1975 to 1984, Carroll practiced with the Southern Poverty Law Center and eventually became legal director. He tried cases all over the country. His specialty was handling class action civil rights and death penalty cases. He argued two cases before the U.S. Supreme Court and wrote briefs in many others. He had a significant number of oral arguments before the U.S. Court of Appeals for the Eleventh Circuit, the Alabama Supreme Court and other state appellate courts in the South. Carroll left the Southern Poverty Law Center in 1984 to enter private practice for a year. He then taught for a year at Mercer University School of Law in Macon, Ga. In 1986, he was appointed as a U.S. magistrate judge for the Middle District of Alabama and served until 2001. Joel Dubina ’73 was serving as a U.S. District Court judge, along with Judges Truman Hobbs and Myron Thompson for the Middle District. According to Dubina, Carroll’s work was “superb.” Dubina’s opinion is not just the product of a good working relationship between a U.S. federal magistrate and a U.S. District Court judge, or even close friends; Carroll’s work was recognized by the national judiciary. In 1995, Chief Justice William Rehnquist appointed Carroll to the U.S. Judicial Conference Advisory Committee for the Federal Rules of Civil Procedure. Carroll was the only magistrate judge on the committee. He was also asked to be a member of the magistrate judge’s Education Committee of the Federal Judicial Center, which is the committee responsible for training other magistrate judges. He was later named chair. In 2001, Cumberland School of Law was looking for a dean and professor of law. A committee cochaired by former Alabama Governor Albert Brewer and Professor Henry “Corky” Strickland conducted a national search. Brewer recalls that Carroll brought a unique background and motivation to be dean. “Carroll held the proper attention for scholastic achievement and scholarly works as academicians should. However, Carroll’s practical experience as an attorney, federal magistrate judge and affection for the school made Carroll stand out,” said Brewer. Brewer had the opportunity to observe Carroll’s performance for 13 years. When asked how to best describe Carroll’s contribution, Brewer said “our problem is how do you do him justice?” According to Brewer, Carroll has enjoyed genuine relationships with students. “Carroll sees his primary responsibility to the students. Whether it was a breakfast with first-year students or lunch with others, Carroll brought a sincere interest in their education and future,” said Brewer. Carroll’s interest in his students is reflected by his commitment to teaching. According to Strickland, Carroll has always assumed a heavy

Portions of this article appeared in March 2014 Alabama Lawyer magazine article “Dean Carroll Returns to Teaching, Service” coauthored by Bob MacKenzie III, Cathy S. Wright, Edward A. Hosp and Lisa W. Borden. To access this article, go to alabar.org. 11

Photos clockwise from left: Carroll, seated, right, prepares for the 2005 commencement ceremonies with Samford administration and Cumberland School of Law professors; Carroll and wife, Susan, attend the 2014 Birmingham Luncheon held at the Museum of Art; Carroll makes his way to the Class of 2011 graduation; Carroll speaks with the upperclass Caruthers Fellows at the fall 2011 first-year orientation picnic; clockwise from top right, Michael Bell ’88, Rachel Lary ’05, Prof. Brannon Denning, Lana Olson ’98, the late Jere White ’80, John Carroll ’74 and Haley Cox ’06 announce the Lightfoot Franklin Award for Scholarship in 2006; Carroll’s Cumberland School of Law Class of 1974 photo.

“Whether it was a breakfast with first-year students or lunch with others, Carroll brought a sincere interest in their education and future.”—Gov. Albert Brewer course load. His teaching has focused upon classes in evidence, trial advocacy, mediation and electronic discovery. His challenge to his students is not limited to the classroom, however. For the last 13 years, he has encouraged his students to participate in athletics and most notably, the Susan G. Komen Cure for Cancer Run. He even offers to buy dinner for anyone who can beat him in the race. Consistent with his interest in public service, Carroll expanded the school’s outreach programs. Students can participate in the one of the country’s largest Summer Public Interest Fellowship Programs, which provides fellowships to students who volunteer to work in public service jobs during the summer. The Cumberland Community Mediation Center, and the Cumberland Center for Children, Law and Ethics also work to benefit the public. Carroll serves as a member of the state’s Access to Justice Commission, which was organized by then–Alabama Supreme Court Chief Justice Sue Bell Cobb to develop ways to provide greater access to justice to the poor. He also has been very involved with the Birmingham 12

Volunteer Lawyers Program, which he calls a “model that other lawyers throughout the state can follow.” Both state and federal courts have appointed Carroll to mediate some complex and difficult cases. He has served as chair of two recent committees to assist in the selection of magistrate judges. He is a member of the Board of Directors of the American Inns of Court Foundation and the Sedona Conference, one of the nation’s leading litigation think tanks. He also has been very active in the work of the Uniform Law Commission. He was the reporter to the committee that drafted the Uniform Rules Relating to the Discovery of Electronically Stored I nformation and the Uniform Asset-Protection Act. Though Carroll is the cause for many successes at the law school, he is quick to deflect praise to his faculty. Likewise, the faculty holds Carroll in high regard. According to Strickland, who succeeds Carroll as dean, Carroll always listens to the faculty’s concerns and makes decisions in the best interest of the school. Strickland related that several days after Carroll became dean, he held his first faculty and staff meeting and outlined his two fundamental rules: “be nice and always do the right thing.” Strickland describes the school as a “community atmosphere where we can disagree and still be friends. There is great transparency. Carroll’s door is literally always open. Everyone is solicited to provide input.” During Carroll’s tenure as dean, law school facilities have been improved to provide the technology needed for the practice of law in the 21st century. One of Carroll’s classmates, Cecil Cheves ’74, and his wife, Bettye, provided a large gift to renovate the appellate courtroom and requested that the courtroom be named in honor of Carroll. The firm of Hare, Wynn, Newell & Newton contributed the funds to renovate the Advanced Advocacy Courtroom. The front entrance of the school has been transformed and dedicated in honor of Gov. Albert

Brewer and his wife, Martha. The endowment has increased from $8 million to $18 million. A capital campaign is scheduled to end in late 2014 to raise an additional $15 million. Alumni groups are active throughout the country, and alumni giving has substantially increased. Over the last 13 years, students have won dozens of regional and national law school competitions, and the law school is one of the most decorated in the nation. Carroll stated that he is most proud that in competitions where there is award for professionalism, Cumberland School of Law teams have either won or been ranked at the top. He led efforts to secure the charter for the James Edwin Horton Inn of Court of Cumberland. In 2011, he was given the Professionalism Award by the Chief Justice’s Commission on Professionalism. Legal education faces several challenges, such as a decrease in law school applications, but Carroll had already planned to decrease incoming class sizes. This has allowed the school to calibrate its enrollment to the number of qualified students and good jobs. Notably, Carroll has been able to reduce class size but not increase tuition this year. Carroll’s leadership may best be described by Judge Dubina: “I do not know of anyone who has done more to improve Cumberland School of Law than John Carroll. The law school is where it is today because of him.” Carroll will take a six-month sabbatical, in which he plans to travel with his wife and write on the issue of access to justice. He plans to

return to full-time teaching in 2015. “I have been given great opportunities to be associated with fine people,” said Carroll. “I am looking forward to the next stage of my life and being surrounded by my family, friends and students.” Carroll stated that Cumberland School of Law was excellent when he arrived and will continue to do well. “The Cumberland of the future will be different than the Cumberland of the present,” he said. “However, we will always take great pride that Cumberland will remain committed to teaching its students the practical side of being lawyer. While there have been many fads in legal education, we have always stayed the course and remained true to our calling—to train good people to be exceptional lawyers. It will always be that way.” CL

faculty features

Lead

Floyd Kuruk and International Smolin Focus If you’ve attended first-year student orientation in the last decade, you probably heard Judge John Carroll ’74 tell each entering class how the practice of law is becoming more and more international. No one knows this more than professors Michael Floyd, Paul Kuruk and David Smolin. Floyd is director of the law school’s international programs (see his profile in the fall 2013 edition of Cumberland Lawyer). He oversees the Master of Comparative Law Program for international graduate students, the foreign exchange students from England and India at Cumberland School of Law, the Cambridge, England, Study Abroad Program and annual LL.M. scholarships for students to attend the University of East Anglia. Kuruk teaches International Law, International Business Transactions, International Intellectual Property Law, Commercial Law, Payment Systems and Secured Transactions. Over the years, he has served on the Faculty Appointments Committee, the Rank and Tenure Committee, the Admission Committee, the Advocacy and Clinical Education Committee, and the Advisory Committee on the Master of Comparative Law Program. He has also served as faculty adviser to the student-run International Law Society. Kuruk has traveled to Accra, Ghana; Cotonou, Benin; Abidjan, Cote d’Ivoire; Geneva; Switzerland; Brasilia, Brazil; and Addis Ababa, Ethiopia, to give presentations. He recently published “Investment Issues in the West Africa-European Union Economic Partnership Agreement Negotiations: Is a Harmonised Investment Framework the Answer?” in Volume 21 of the African Journal of International & Comparative Law, 448, a publication of the University of Edinburgh, Scotland. In February 2014, Kuruk participated in a meeting of the Intergovernmental Committee [IGC] on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization [WIPO] held in Geneva, Switzerland. The IGC has 186 member countries. Kuruk proposed amendments to existing law to provide disclosure obligations in patent applications regarding the source or origin of genetic resources as well as evidence of the obtainment of consent from, and agreement to share benefits with, the rights holders of the genetic resources. “The IGC was established in 2001 by the World Intellectual Property Organization to develop international legal instruments to ensure the effective protection of traditional knowledge, traditional cultural expressions and genetic resources,” said Kuruk, who is invited by WIPO to attend IGC meetings. “As a participant in the IGC since its establishment, Professor Michael Floyd directs the law school’s international programs, including the study abroad program held at Sidney Sussex College, Cambridge, England. Photo by Annette Thompson 14

Professor Paul Kuruk participates in the IGC meeting in Geneva, Switzerland. I have assisted in the development of negotiating texts and have advised the African Group of Countries on questions of strategy in the negotiations.” Since 2007, Kuruk has been involved in regional trade policy making for the 15 countries that form the Economic Community of West African States [ECOWAS]. “I have advised ECOWAS in their meetings with the European Union over the terms of a free-trade agreement to govern trade relations between the two regions,” he said. “In addition, I have served as a member of the regional committee tasked with harmonizing the business laws of ECOWAS countries to facilitate trade in West Africa, an assignment that has proved to be interesting but quite challenging, given the need to focus on the laws of eight French-speaking countries, five English-speaking countries and two Portuguese-speaking countries.” Kuruk also assisted in the development of a common Investment Policy Framework and Code for the ECOWAS countries. He recently returned from a trip to Abidjan, capital of Cote d’Ivoire, where he met with government officials and business executives to explain the provisions of the draft Investment Code. “Professor Kuruk is a truly fine instructor,” said Tina Thapar ’14. “His dedication, enthusiasm and superior teaching techniques have allowed me to grasp complex information. He is heavily involved with so many activities and research, and he uses these experiences in lessons for his students.” Kuruk says that one of the most rewarding experiences is hearing from students about the positive influence he had on them, “and how the knowledge and skills they acquired in my classes continue to benefit them in their professional careers.” Smolin is Harwell G. Davis Professor of Constitutional Law and director of the Center for Children, Law and Ethics. He is frequently quoted by The New York Times and other national publications, and has published extensively in the areas of adoption, child labor, children’s rights, child and human trafficking, constitutional reproductive issues, bioethics, theology and law. The center combines Smolin’s scholarship, local, national and international advisers, and the interest and involvement of law students to facilitate the production of meaningful, influential scholarship, projects and advice in the field of children’s issues. Its mission is to

Professor David Smolin, right, presents Jeong Trenko an award for her work in the adoptee movement. further the welfare and best interests of children locally, nationally and internationally through working collaboratively with organizations and individuals engaged in furthering those ends, and by training students to contribute substantively to the field of children’s issues. On Nov. 7, 2013, the center hosted Jane Jeong Trenka and Kim Park Nelson, two leading personalities in the growing and diverse adoptee movement. Jeong Trenka and Nelson are key voices specifically on Korean adoptions. Smolin presented each with an award from Cumberland School of Law for their work in the adoptee movement. Smolin served as an independent expert for the Hague Conference on Private International Law, located in the Hague, Netherlands, which facilitated the creation of the Hague Convention on Intercountry Adoption. “I was particularly honored to have the opportunity to give a 30-minute presentation to the 2010 Special Commission on the Practical Operation of the Hague Adoption Convention to representatives of 88 nations and 15 nongovernmental organizations,” Smolin said. He says he also finds satisfaction in writing about things that people care about so personally and deeply. “While law review articles generally are not that widely read, my adoption-related law review articles have a total of over 43,000 downloads combined, with readers coming from throughout the world.” Despite his many duties at the center, Smolin considers his primary role to be a professor. He teaches Constitutional Law I & II, Juvenile Justice, Bioethics and Law, Criminal Law, Wills, Trusts and Estates, Comparative Constitutional Law (primarily to Brazilian Judges in the M.C.L. program), and Children’s Rights. “I very much enjoy both teaching in the classroom and also interacting with students outside of the classroom,” said Smolin. “Students are also at the heart of the Center for Children, Law and Ethics.” “Professor Smolin has been an advocate for children’s rights for many years. He well-versed in this field, he is very passionate about making a difference, and he truly cares about his work,” said center fellow Lauren White ’14. “His advocacy has inspired me both educationally and personally. Through my work with Professor Smolin, I have not only gleaned a tremendous amount of knowledge, but I have learned how to apply various skill sets in nontraditional settings. I consider myself very fortunate to have the opportunity to work with him, as I’ve gained a wonderful mentor in the process.” CL 15

faculty features

Stoddard Baggett Schuck and Shaw

Professor Mark Baggett, right, speaks with incoming law students at orientation.

Teaching Students

to Think Like Lawyers

Unique to Cumberland School of Law is Lawyering and Legal Reasoning [LLR], a six-hour graded course for first-year law students that provides hands-on, practical experience in basic lawyering skills. Students are divided into mock law firms with faculty as senior partners. Each firm is assigned a case and must conduct client interviews, write legal memoranda, negotiate with opposing counsel, draft settlement agreements, conduct discovery through interrogatories, draft a motion for summary judgment with accompanying brief, present argument on the motion to a trial court judge, write an appellate brief and present an oral argument to the appellate panel. Students learn to research, write, speak and, most importantly, think like a lawyer. “The teaching style of LLR is focused on professional practice with the goal to prepare the students to represent clients,” said J. Mark Baggett, associate professor of English and law. “We pair classes against each other as plaintiff and defendant, and the classes first interview their clients to obtain the facts of the case. We want them to learn how to provide quality documents and oral arguments in a number of litigation scenarios. The classes include workshops in writing and legal analysis, the use of samples and models, intensive research and Bluebook training (we call it boot camp) in both semesters of the first year, training in oral advocacy, and best of all, a wide network of feedback, comments and guidance on their rough drafts.” Assistant professor Belle Howe Stoddard ’78 joined the faculty in 2000 and is director of LLR. While in law school, she was a founding member of the American Journal of Trial Advocacy. She was a staff attorney for Justice Janie L. Shores and Justice Thomas Woodall at the Alabama Supreme Court from 1989 to 2000. Whether it’s during Admitted Students Weekend or First-Year Orientation, Stoddard livens up con versations about policy and procedures. From time to time, she will bring out her Elle Woods impersonation

Professor Belle Stoddard ’78, left, and 2013–14 Alabama State Bar President Anthony A. Joseph ’80.

from the movie Legally Blonde or will dress as Cruella De Vil from 101 Dalmatians, as she did for 2014 Rascal Day. “Professor Stoddard instilled in me something that I carry with me to this day—a standard of hard work and striving for excellence in the practice of law; anything short of that is unacceptable,” said Christopher C. Yearout ’11, an associate at Lightfoot Franklin White. Yearout was named a Rising Star in the 2014 edition of the Alabama Super Lawyers publication. Called to the Bar is a component of the LLR course that begins during orientation. It focuses largely on professionalism, ethics and the duties of lawyering. There are eight required sessions held during the first year. The program also includes a forum for students to receive personal guidance and support through mentoring, as well as individual assistance on written assignments. “These are special lectures and other events where the students get a broader sense of what it means to enter the profession,” said Baggett. “We design the fact patterns to be first-year worthy and not have incredibly advanced legal issues,” said LLR instructor Lynn H. Schuck ’03. “In the second semester, the same set of facts evolves into written assignments of a memorandum brief in support of a motion for summary judgment and an appellate brief.” LLR instructor Andrea L. Shaw ’10 joined the faculty in 2011 and teaches legal writing. She was managing editor of the Cumberland Law Review and published two articles in the journal. Upon graduation, she formed Shaw Legal Research, LLC, an organization providing legal research and brief writing services to law firms and solo practitioners. Caruthers Fellows, chosen by LLR faculty, are second- and third-year students who mentor and assist first-year students with the development of research, writing, negotiation and other basic skills. There were 32 fellows during the 2013–14 academic year.

LLR Instructor Lynn H. Schuck ’03, right, speaks with Gov. Albert Brewer.

Schuck notes changes that occur in students during their first year of law school—humility and vocabulary. “In the beginning, students can be shy and a little reserved,” she said. “At the start of the second semester, students have a little more confidence because they know they can survive. And the rare student, who may have been a little too confident, has a little humility after the first round of exams.” Schuck says she finds that both types of students come to “a pretty good balance of humility and confidence” by the end of the year. “I think it comes from grasping that we, their teachers, really want them to do well and are trying to see to it that they do,” she said. Schuck encourages students to keep a legal dictionary nearby as they prepare for other first-year courses. “Every day for the first month, I review legal vocabulary with them,” she said. “In first-semester arguments, most use words appropriately, but they do not necessarily fully grasp the magnitude of word choice. By the end of the second semester, practically everyone fully understands most legal jargon.” Schuck says students excitedly relay how they had to explain to a friend about what is required for an enforceable contract, or what the difference is in being liable or guilty. Over the last seven years, Schuck says she has repeatedly seen “that light bulb moment” when students understand the legal problem and how their writing can most effectively bring success as advocates. “We have a duty to introduce students to so much about how to be a good attorney: listening skills, legal processes, ethical practices, legal research, reasoning and analysis, and legal writing,” said Schuck. “Our main purpose is to improve the students’ written and oral communication skills to serve their clients and the public,” said Baggett. “This has been a highly successful program in terms of preparing our students for professional practice. I know this because our alumni tell us that this is true.” CL

LLR Instructor Andrea L. Shaw ’10

faculty features

Young faculty

Bringing Scholarships, Insights to the Classroom Woodrow N. Hartzog, Associate Professor

I’m a traditional kind of professor in the classroom—I rely heavily on Socratic dialogue and old-fashioned case analysis. In my online course, we use a number of different social media and classroom technologies to build a rich learning environment without lectures. I require students to engage each other on current events in copyright law and to use digital tools to create their own copyrightable works. Using technology, I’m able to teach my students how the digital revolution has changed copyright. My research focuses on problems found at the intersection of privacy, technology and contracts. I try to make sense of how intermediated communication impacts the lives of individuals and organizations, and identify the proper role of the law in this context. My work draws from disciplines such as psychology, sociology, information science and humancomputer interaction. I am writing in three main areas: 1) privacy and mediated social interaction; 2) contracts, privacy policies and the Federal Trade Commission’s privacy jurisprudence; and 3) robotics and automated law enforcement and surveillance. One major question I have sought to answer in my research is whether, why and how the law should protect privacy in mediated social interaction. The advent of social media such as Facebook has magnified the inconsistent legal protection given to information that is shared with some but not all. The Privacy Papers for Policy Makers event, one of the most prominent recognitions for privacy scholarship in the United States, selected two of my articles for inclusion, “Obscurity by Design” and “The FTC and the New Common Law of Privacy.” One of these articles was recently cited in a speech by a commissioner for the Federal Trade Commission and in Congressional testimony. While at Cumberland School of Law, I have published five pieces in law journals and have had three more articles accepted for publication in law journals, including the Columbia Law Review, California Law Review and Michigan Law Review. I have also published a book chapter and have had two additional book chapters accepted for publication. I have published a number of shorter works, including essays in the Stanford Law Review Online, The Atlantic, The Nation, New Scientist, Bloomberg and Wired. I’m a contributor at Forbes. Brannon P. Denning, Associate Dean and Professor I have always rejected the dichotomy between scholars and teachers. My teaching is deeply informed by my scholarship, and vice versa. Developing a thorough understanding of the doctrinal tools the Supreme Court uses in its case law enables me to explain those tools, and the likely rationales for employing one set over another, to my classes. Likewise, a number of ideas that grew into articles arose when I was reading for class and noticed something in a Court opinion I hadn’t noticed before, or when a student has asked why the Court did “X” as opposed to “Y.” My writings for students have been informed by my classroom pedagogy. Two aspects of law school classes I particularly disliked as a student were the hide-the-ball nature of Socratic dialogue and the single end-of-semester assessment. I try to explain material to students in an easy-to-understand manner, but then I challenge them to apply that material to unfamiliar situations. I do this using both group problems that require some sort of writing (many of the group problems developed over the years formed the basis for my Developing Professional Skills volume) and midterm exams. Not only do multiple assessments reduce the stresses associated with having a single final exam determine a student’s entire class grade, they also furnish me with opportunities to give detailed feedback to students and to help improve their future performance.

LaJuana S. Davis, Professor Law school instruction has changed a lot more than people think. When I attended law school, it was considered—correctly or not—to be a game of “hide the ball.” Most of us did not even know what the ball was, much less where it was hidden. Modern law professors generally adopt a more straightforward approach about subject matter. Today’s students are arriving at law school from an increasingly assessment-driven educational system, and we have had to adapt to the way that contemporary students learn. Teaching students includes giving interim assessments, which were rare even 15 years ago. Like my colleagues, I give multiple low-risk or no-risk assessments so that students can learn to focus their attention to identifying important issues and writing about them in a coherent and organized way. Technology is an integral part of students’ lives. We can reach those students with online assessments, online feedback on assignments and opportunities for them to work together virtually. I have been selected for the Prezi Educators Society, a technology company that uses technology, collaboration and visuals to help build tomorrow’s classroom content. The Prezi Educators Society, which begins this spring, is part of Prezi’s commitment to the U.S. Department of Education’s C onnectED Initiative to help U.S. education move forward into a more technology-centered world. ConnectED plans to connect 99% of U.S. students to broadband and wireless technology within five years. My research this year focused on education law, including a forthcoming book review, “Public Education in Neoliberalism’s Second Wave” in the Indiana Journal of Law and Social Equality, and presentations on my work-in-progress on comparative law and school voucher programs at the University of Nevada at Las Vegas. I also started my first full year as coblogger (with Professor Derek Black, University of South Carolina Law) of Education Law Prof, part of the Law Professor Blogs Network. I became interested in education law through my work in criminal law when I saw the impact of education policies that could help land young people in the criminal justice system or steer them away from it. I am grateful for the opportunity to work and teach here, and I appreciate the alumni support given to the faculty as well as to the students. My colleagues and I work hard each day to improve a law school that was given to us in trust, with the hope of leaving it in better shape with every passing year. My scholarship generally focuses on the creation and application of constitutional doctrine by the U.S. Supreme Court, as well as the implementation of Supreme Court decisions by lower courts. Of particular interest to me is the dormant Commerce Clause doctrine—the set of judge-made rules that limit the ability of state and local governments to discriminate against or otherwise impermissibly burden interstate commerce or commercial actors. With Michael B. Kent, Jr., who teaches at Campbell University’s Norman Adrian Wiggins School of Law, I have written a series of papers examining and proposing theories why the Supreme Court creates the doctrines that it does. In our first article, “Anti-Evasion Doctrines in Constitutional Law,” we examined doctrinal rules that the Supreme Court creates to prevent form-over-substance evasion of constitutional principles. We listed examples, described the forms that anti-evasion doctrines took and then evaluated the benefits to and costs of those doctrines to constitutional law generally. But the court does not always create anti-evasion doctrines. In our next article, “Anti-anti-evasion in Constitutional Law,” we discussed the reasons given by the court for not creating such rules. We discerned an important but unarticulated reason: The court tends not to create these doctrines when it perceives that the political safeguards protecting the constitutional principle are sufficiently robust that the court may safely stay its hand. These two articles spawned a third, “Judicial Doctrine as Risk Regulation,” in which we argue that judicial doctrine is a form of risk regulation. Just as administrative agencies are required to promulgate detailed regulations to implement general goals of legislation, the Supreme Court must translate the broad generalities of the Constitution into rules that can be applied to a set of facts to produce decisions and furnish guidance for lower courts and other policymakers. The form those doctrinal rules take, we argue, reflect the Supreme Court’s assessment of the risk of official action to particular constitutional principles. Our hope is to combine these papers with a fourth, tentatively titled “A Political Safeguards Theory of Decision Rules,” and produce a book for an academic press. I have produced a number of works intended to help students better comprehend the material they encounter in a constitutional law course. I wrote two Glannon Guides to Constitutional Law. The first covers governmental structure and powers; the second covers individual rights and liberties. In May, I published “Developing Professional Skills: Constitutional Law,” a contribution to West Co.’s Developing Professional Skills series. My new book is a short volume of problems, each of which tests one of six skills, including drafting, client counseling, negotiation and legal analysis. Each problem also includes an optional legal ethics component.

faculty features Herman N. “Rusty” Johnson, Jr., Associate Professor The primary approach I take in the classroom is incorporating the use of technology to provide opportunities for assessment for students. Current research in student learning and teaching effectiveness posits that student achievement is maximized by giving both informal and formal opportunities to assess their knowledge and mastery of subject material. I apply this insight in my courses. For example, in my Evidence course, I rely upon video snippets, PowerPoint presentations and problems in my casebook to con tinuously provide students with an opportunity to apply their knowledge and determine whether they are mastering the material. The first article I published, “The Evolving Strong-Basis-in-Evidence Standard” (32 Berkeley J. Emp. & Lab. L 347, 2011), attempts to aid employers in a quandary created by the Supreme Court’s decision in Ricci v. DeStefano, 129 S. Ct. 2658 (2009). Scholars and judges consider the opinion establishing the disparate impact doctrine—Griggs v. Duke Power Co.—to be the most important civil rights decision behind Brown v. Board of Education. In Ricci, the Supreme Court set forth the strong-basis-in-evidence standard to rectify the perceived tension between Title VII’s disparate treatment and disparate impact discrimination provisions. Therefore, when an employer desires to discard promotion or selection results that have a disproportionate impact upon a minority or ethnic group, it may avoid a disparate treatment claim in doing so by demonstrating by a strong-basis-in- evidence that it would have faced a disparate impact claim if it had not discarded the results. My article demonstrates that the newly invoked strong-basis-in-evidence standard is a standard of persuasion that falls below the preponderance-of-the-evidence standard, and thus occasions a lower burden for employers when caught between the Scylla and Charybdis of disparate treatment and disparate impact claims.

D. Wendy Greene, Professor The integration of technology and multiple assessments has significantly transformed law teaching and student learning since I was in law school. For reinforcement and application purposes in my courses, I often incorporate writing assignments, online exercises, media clips, films, documentaries and guest speakers (in-person and via Skype). I do not employ a traditional Socratic method. In all my classes, student participation through volunteerism is encouraged and rewarded. Accordingly, my goal is to cultivate a learning environment in which students become invested in the legal issues we are discussing, and actually feel comfortable in participating and offering sound, legal opinions and analysis. Another pedagogical objective is for students and me to engage in a rigorous conversation about the law, its nuances and its implications, while simultaneously learning and applying legal concepts and principles to resolve instant and potential legal issues. In many ways, our classroom dialogue parallels the style of appellate argumentation rather than the well-known scene from The Paper Chase. My published works fall into (and cut across) three general categories: employment discrimination law, comparative slavery and race relations law, and critical race theory. In particular, I am most excited about exploring marginalized yet significant issues—at the intersection of race and gender—that impede one’s full inclusion and participation in the workplace and in society at large. My aim is to proffer innovative practical and theoretical solutions to such socio-legal problems, which will have real-world application and will thereby improve the lived experience of individuals suffering inequality and discrimination. Much of my scholarship has focused on grooming codes discrimination in the workplace, illuminating the ways in which employers’ arbitrary hair regulations constitute real barriers to employment opportunity as well as equal conditions and privileges in the 21st century workplace, not only for black women but also black men and Muslim women. Accordingly, I advocate for more meaningful protection for Muslim women and for actual protection under antidiscrimination law for black women and men who are subjected to

Alyssa A. DiRusso, Professor If practice makes perfect, law school is not yet a perfect experience for budding trusts and estates lawyers. The legal curriculum needs to include significant opportunities for students to learn through doing. Practice presents an invaluable opportunity for learning the reasoning necessary to be competent in the field. The benefits of integrating practice into legal education have been documented through psychological studies that compare novice and experts. Experts have developed well-rehearsed procedures, or schemas, for thinking and acting, which allow them to quickly apply this knowledge to current situations in a manner not developed in novices. This evidence supports the proposition that purely academic legal education is merely a foundation for expertise, which can be developed only through the actual practice. An ideal exposure to trusts and estate practice is gained through microlawyering—a term I use to mean small-scale, real legal experiences. The term borrows from the concept of microlending. In microlending, budding entrepreneurs who need small amounts of capital to launch new enterprises receive modest loans from microfinancing institutions, empowering business owners to take action when traditional lending structures would not offer the opportunity to proceed. Although the investment is small, the impact can be substantial. So, too, can enabling a small-scale experience in the classroom yield large-scale results. In addition to microlawyering, simulations offer students the opportunity to develop skills in a practice-like context. They illustrate the importance of learning to do and not just to think. They can be critical not only in providing experience and feedback in a safe setting, but in developing confidence in nascent lawyers. There are higher expectations for law school graduates now than there have been in the past. In addition to being well educated, and having a mastery of substantive doctrine and analytical thinking, new graduates are expected to be practice-ready. We can help students meet these challenges by providing significant opportunities to develop necessary skills in trusts and estates classes through microlawyering and simulations.*

employers’ arbitrary regulation of how they choose to cover or not cover their hair, respectively. Though my work on grooming codes discrimination has garnered positive recognition within legal academia, what’s most exciting to me about the scholarly enterprise is the great synergy between researching, writing and teaching, and that through scholarship, transformative change in law and real lives can be actualized. My work on grooming codes discrimination has been widely cited in leading casebooks on race and law, employment law and employment discrimination; highlighted on several blogs; and assigned by law professors across the country as required reading in courses related to race and law, gender and law, and employment law. My first article, “Title VII: What’s Hair (and Other Race-Based Characteristics Got to Do With It?” (which received the Lightfoot, Franklin and White Best Junior Scholarship Award in 2009) was influential in redressing racial discrimination in public accommodations. In 2011, the Chicago Commission on Human Rights Commission cited favorably to “What’s Hair Got to do With It?” in an unprecedented ruling that a Chicago nightclub engaged in unlawful race discrimination when it barred two African-American men from the premises because they wore braided hairstyles. My work has begun to reshape the way in which not only jurists but also community members and law students—future policymakers, practitioners and judges—think about grooming codes and their relationship to racial and gender discrimination and inequality in the workplace and beyond. My teaching, research and writing on cutting-edge issues related to race and law were also instrumental to my being honored in 2014 by Diverse: Issues in Higher Education magazine as one of 12 rising stars who have emerged as leaders in legal academia.

* Portions of this article originally appeared in DiRusso’s article “Micro-Lawyering and Practice Simulations in Trusts and Estates Classes” which appeared in 58 SLU Law Review.

faculty features

Bishop Walthall and Stone

From left, Whitney Haley ’12, Professor T. Brad Bishop ’71, Kelly Speir ’12 and Lacey Danley ’12 celebrate commencement.

Shaping Students

into Productive Legal Professionals

If you started law school after 1971, you probably sat in classes taught by Professors T. Brad Bishop ’71, Howard Walthall or Tom Stone. Since they started teaching at Cumberland School of Law, these three iconic law professors have seen more than 6,500 first-year law students study and graduate to become legal professionals and productive community members of benches, bars, corporations, and federal, state and local governments. The Office of Alumni Relations has about 8,300 active alumni on file. Bishop, Stone and Walthall have taught roughly 80 percent of them. Almost all current law students were born after they started teaching at Cumberland School of Law in the early ’70s. During this time, the law school has had seven deans, including Bishop, who served as acting dean in 1984–85. Bishop cochaired the national dean search to identify candidates to follow John L. Carroll ’74 after his 13 years of service. Henry C. Strickland III became the eighth dean July 1, 2014. What else has changed at Samford University since the trio started? Samford has had three presidents: Leslie S. Wright (1958–83) Thomas E. Corts (1983–2006) and Andy Westmoreland, 2006–present. Law students are no longer required to attend chapel as they were in the mid-1970s. The original law library has been converted into a study space, and there was the massive addition of the Lucille Stewart Beeson Law Library, which more than doubled the law school’s presence on campus. There is probably no one more informed of Cumberland School of Law’s historic past than Walthall. He cowrote with Professor David Langum From Maverick to Mainstream: Cumberland School of Law 1847–1997. Walthall’s eulogy of Rascal, the law school’s informal mascot who received the nation’s only doctor of canine

jurisprudence degree, brings a smile to all. In fall 2012, Walthall was named Leslie S. Wright Professor of Law in recognition of his commitment and service to the legal profession and the law school. “I would not have had the opportunity to teach if [Leslie S. Wright] had not brought the law school to Birmingham, where it allowed me to move from practicing law to teaching without disrupting my family,” said Walthall. Wright was involved with the purchase and relocation of Cumberland School of Law in the early 1960s. “Without Leslie S. Wright, I might never have found my calling.” The dean’s conference room, which houses all the past deans’ pictures, was renamed the T. Brad Bishop

Professor Tom Stone

Professor Howard Walthall tells the story of Rascal.

Conference Room in 2011 in honor of Bishop’s ongoing commitment and support of the law school. Bishop also received the school’s 1994 and 2011 Distinguished Alumnus of the Year awards. If Bishop is not in the law school, he is more than likely presiding over a case in a local municipal court. He is a legal expert in many areas, including shoplifting. He wrote the book on it—The Law of Shoplifting: A Guide for Lawyers and Merchants—and has appeared on National Public Radio to discuss the topic. The Bishop Guild Endowed Scholarship Fund recognizes his accomplishments as a Samford debate coach. Stone may be responsible for encouraging the largest percentage of law students to pursue J.D./M.B.A. joint degrees. “Prof. Stone commands an enormous amount of respect from the student body, both because of his immense intellect and his willingness to engage with law students on an individual level,” said Christopher Friedman ’14. “There are countless students who consider him a very influential mentor. He has a wellearned reputation for caring deeply about his students.” Friedman received the 2014 Stone/Parker Award. In 1999, Ellis J. Parker created and funded the Stone/ Parker Award in recognition of the contribution that Stone made to his son, Stuart, while he was a law student. The award is given to a student who, in the judgment of Stone, has shown remarkable progress in developing unrecognized potential for the study and practice of law. How has each of these supportive, iconic, enduring professors shaped your career? CL 23

Cumberland School of Lawâ&#x20AC;&#x2122;s faculty is known for its passion and care of students. Not only do faculty members possess a wealth of knowledge and experience from their educations and legal practices, they also have a passion for sharing it. In addition to being accomplished scholars, all Cumberland School of Law faculty practiced law before becoming educators. Faculty members keep an open-door policy that allows for student interaction beyond the classroom and set office hours. Faculty also strive to teach and demonstrate the intangible components of a legal education, such as establishing and Âmaintaining relationships, and finding life-work balance. J. Mark Baggett, associate professor of English and law B.A., University of Alabama M.A., University of Alabama J.D., University of Alabama School of Law Ph.D., University of North Carolina at Chapel Hill Teaching and research interests: Literature and Language; Legal Research and Writing T. Brad Bishop, professor B.A., Samford University M.A., University of Alabama J.D., cum laude, Cumberland School of Law Teaching and research interests: Contracts, Municipal Court Practice and Procedure Governor Albert Brewer, distinguished professor of law and government, and professor emeritus A.B., University of Alabama LL.B., University of Alabama School of Law Honorary Doctor of Laws, Cumberland School of Law Teaching and research interests: Professional Responsibility, Law Office Practice and Management and Alabama Constitutional Law John L. Carroll, professor of law B.A., Tufts University J.D., Cumberland School of Law LL.M., Harvard School of Law Teaching and research interests: Federal Courts, Complex Litigation, Mediation, Evidence, Trial Practice, and E-Discovery and Evidence LaJuana Davis, professor B.A., Georgia State University J.D., Harvard School of Law Teaching and research interests: Criminal Law and Procedure, Appellate Advocacy, Business Crimes, Interviewing and Counseling and Postconviction Remedies

Michael E. DeBow, professor B.A., University of Alabama M.A., University of Alabama J.D., Yale Law School

Robert J. Goodwin, J. Russell McElroy Professor of Law B.A., University of Missouri J.D., Washington University School of Law

Teaching and research interests: Property, Business Organizations, Administrative Law, Legislation and Local Government

Teaching and research interests: Criminal Law, Evidence and Scientific Evidence

Brannon P. Denning, associate dean and professor B.A., University of the South J.D., University of Tennessee School of Law LL.M., Yale Law School Teaching and research interests: Constitutional Law and the United States Supreme Court Alyssa DiRusso, professor B.S., Carnegie Mellon University, Phi Beta Kappa J.D., University of Texas School of Law, Order of the Coif Teaching and research interests: Wills, Trusts, Intestacy and Tax-Exempt Charitable Organizations

Jill E. Evans, professor B.A., University of California-Irvine M.B.A., Northwestern University J.D., Northwestern University School of Law Teaching and research interests: Environmental Law and Torts

Michael D. Floyd, professor and director of international studies A.B., magna cum laude, Princeton University M.S., New York University J.D., Emory University School of Law, Robert W. Woodruff Fellow, Order of the Coif Teaching and research interests: Commercial Law, Bankruptcy, Consumer Protection, Real Property and Elder Law

Andrew R. Greene, visiting faculty A.B., Georgetown University J.D., Catholic University of America School of Law Teaching and research interests: Environmental Law, Natural Resources, Sea/Ocean/Coastal Law, International Environmental Law, Torts and Property D. Wendy Greene, professor B.A., cum laude, Xavier University of Louisiana J.D., Tulane University Law School LL.M., The George Washington University Law School Teaching and research interests: Comparative Slavery, Constitutional Law, Critical Race Theory, Employment Law, Employment Discrimination, Equitable Remedies, Race Relations Law and Real Property Woodrow N. Hartzog, associate professor B.A., Samford University J.D., Cumberland School of Law LL.M.,The George Washington University Law School Ph.D., University of North Carolina at Chapel Hill, Park Fellow Teaching and research interests: Media Law, Privacy Law, Internet Law and Intellectual Property (Copyright, Patent and Trademark) Herman N. Johnson, associate professor B.A., Duke University M.A., Columbia University J.D., Columbia University Law School Teaching and research interests: Civil Rights, Civil Procedure, Employment Law, Equitable Remedies, Evidence and Complex Litigation and Federal Courts

Paul Kuruk, professor LL.B., University of Ghana Barrister of Law, Ghana Law School Master of Law, Temple University School of Law S.J.D., Stanford University Law School, Fulbright Scholar Teaching and research interests: Commercial Transactions, International Business Transactions, Human Rights and Trade David J. Langum, Sr., research professor A.B., Dartmouth College M.A., San Jose State University J.D., Stanford University Law School LL.M., S.J.D., University of Michigan Law School Teaching and research interests: Evidence, Property and Legal History Gregory K. Laughlin, library director and associate professor of law B.A., Missouri State University M.S., University of Illinois at Urbana Champaign J.D., University of Missouri School of Law, Order of the Coif Teaching and research interests: Information Access and Control Edward C. Martin, professor and director of law technology B.S., University of Tennessee J.D., University of Tennessee School of Law Teaching and research interests: Torts, Products Liability, Professional Responsibility, Damages and Law and Technology William G. Ross, Lucille Stewart Beeson Professor of Law A.B., Stanford University J.D., Harvard Law School Teaching and research interests: Professional Responsibilities, Civil Procedure, Constitutional Law and American Legal History Lynn H. Schuck, instructor B.S., Samford University J.D., Cumberland School of Law Teaching and research interests: Legal Research and Writing; Nonprofit Organizations and Wills, Estates and Trusts

Andrea L. Shaw, instructor B.A., Florida State University J.D., Cumberland School of Law Teaching and research interests: Legal Research and Writing and Environmental Issues in Real Estate

David M. Smolin, Harwell G. Davis Professor of Constitutional Law and director for the Center for Children, Law and Ethics B.A., New College of the University of South Florida J.D., University of Cincinnati College of Law, Order of the Coif Teaching and research interests: Childrenâ&#x20AC;&#x2122;s Issues; Family and Juvenile Law; Bioethics, Constitutional Law; Human Rights; Wills, Estates, and Trusts; Criminal Law Joseph Snoe, professor B.B.A., University of Texas J.D., University of Texas School of Law Teaching and research interests: Property, Health Care, Partnership Taxation, Corporate Tax, Nonprofit Organizations, Land Use Planning, Contract Drafting and Business Concepts for Nonbusiness Majors Belle H. Stoddard, assistant professor and director, Lawyering Skills and Legal Reasoning B.A., University of South Carolina, recipient of the Algernon Sydney Sullivan Award M.A., Emory University J.D., Cumberland School of Law Honorary Doctor of Humane Letters, Southeastern University

Henry C. Strickland, Dean and Ethel P. Malugen Professor of Law B.A., Presbyterian College J.D., Vanderbilt University Law School Teaching and research interests: Alternative Dispute Resolution, Civil Procedure, Conflict of Laws, Constitutional Law, Remedies, Arbitration and Legal Education Howard P. Walthall, Leslie S. Wright Professor of Law A.B., Harvard College LL.B., Harvard Law School Teaching and research interests: State Constitutional Law, State and Local Taxation, Commercial Law, Bankruptcy and Business Organizations Lavone R. Warren, assistant professor B.A., University of Alabama J.D., University of Mississippi School of Law Teaching and research interests: Business Organizations and Securities Regulation Deborah Young, professor and director for Center for Advocacy and Clinical Education B.A., University of Kentucky, Phi Beta Kappa J.D., University of Michigan Law School Teaching and research interests: Criminal Procedure, Evidence and Trial Advocacy

Teaching and research interests: Legal Research and Writing, Appellate Practice and Conflict of Laws R. Thomas Stone, Jr., professor B.S., Virginia Polytechnic Institute and State University J.D., Emory University School of Law Ph.D., University of Tennessee LL.M., University of Illinois, Urbana Champaign Teaching and research interests: Antitrust, Business Organizations, Contracts, Economic Analysis of Law and Government Regulation of Business

A glimpse at some faculty activities from October 2013 to March 2014 T. Brad Bishop ’71 spoke at the Bessemer Bar Association annual continuing legal education seminar Feb. 21. His topic was “Legislation pending in the Alabama legislature that would change Alabama’s DUI laws.” John L. Carroll ’74 was a featured speaker at an E-discovery Project Management Conference sponsored by the Atlanta Law Firm of King & Spaulding Feb. 27. His topic was “Proportionality and Cooperation in Small Cases.” In early October 2013, he was a featured speaker in Nashville, Tenn., at “RELEVENT—the un-conference” sponsored by Cicayda, an e-discovery software company. His topics were “Changes in Law Schools,” “Changes in Law Firm Culture” and “The Future Role of the Judiciary in E-discovery.” He also participated in a judicial roundtable discussion on current e-discovery issues. He was a featured presenter at a continuing legal education program for lawyers in the Alabama Attorney General’s offices Oct. 23, 2013. His topic was “The Ethical Minefields in E-discovery.” He also traveled to Chicago, Ill., in October for a meeting of the Uniform Law Commission. He is a member of the committee that will consider amendments to the Uniform Athlete’s Agent Act. Many of the country’s best-known college football coaches are observers to this drafting committee. LaJuana S. Davis presented “Interviewing and Counseling” to the newly created Jefferson County, Ala., Public Defenders Office in October 2013. Her book review, “Public Education in Neoliberalism’s Second Wave: A Review of Alexander J. Means’ Schooling in the Age of Austerity: Urban Education and the Struggle for Democratic Life (2013) (New Frontiers in Education, Culture, and Politics),” appears in the spring 2014 Indiana Journal of Law and Social Equality.

Recent Media Quotes “Managing hidden costs can largely be a matter of planning ahead.” Alyssa DiRusso, “The Hidden Costs of Closing an Estate,” U.S. News & World Report, Feb. 20, 2014.

Brannon P. Denning was named Cumberland School of Law’s associate dean for academic affairs, effective July 21, 2014. He spoke to the Daughters of the American Revolution Chapter in Birmingham April 2 on “The Second Amendment and the Great American Gun Debate.” He presented “Anti-Evasion Doctrines and the Second Amendment,” at the Tennessee Law Review’s symposium, “New Frontiers in the Second Amendment: Second Amendment Rights in the Wake of Heller and McDonald,” in March 1 at The University of Tennessee College of Law Knoxville, Tenn. On Oct. 24, 2013, he moderated the “Supreme Court Roundup” panel at the Center for Alcohol Policy’s annual continuing legal education program in Washington, D.C. On Oct. 18, 2013, he presented “Environmental Federalism and Renewable Portfolio Standards” at the Law and Economics Center and Property and Environment Research Center Workshop on Environmental Federalism at Case Western Reserve School of Law in Cleveland, Ohio. His book chapter “NFIB v. Sebelius: Five Takes” (written with Glenn H. Reynolds) appeared in The Affordable Care Act Decision: Philosophical and Legal Implications (Fritz Allhoff and Mark Hall, eds.). His books The Glannon Guide to Constitutional Law: Individual Rights and Liberties (2nd ed.) and Developing Professional Skills: Constitutional Law are forthcoming in 2014. The following articles also are forthcoming in 2014: “Judicial Doctrine as Risk Regulation” with Michael B. Kent, Jr. (Tenn. L. Rev.); “Anti-Evasion Doctrines and the Second Amendment” (81 Tenn. L. Rev.); “Environmental Federalism and State Renewable Portfolio Standards” (64 Case Western Res. L. Rev.); and “One Toke Over the (State) Line: Constitutional Limits on ‘Pot Tourism’ Restrictions” (Fla. L. Rev.). His article “Anti-anti-evasion in Constitutional Law” with Michael B. Kent, Jr., was published in 41 Florida State University Law Review 397.

Alyssa DiRusso was elected an Academic Fellow of the American College of Trust and Estate Counsel, the premier professional association of trusts and estates lawyers. On Feb. 21, she attended a symposium at Vanderbilt University sponsored by the counsel and provided commentary on Prof. Jeffery Schoenblum’s article: “Strange Bedfellows: The Federal Constitution, Out-of-State Nongrantor Accumulation Trusts, and the Complete Avoidance of State Income Taxation.”

“People who are making judgments don’t really understand the time, resources and expense it takes to have natural or even straight hair. It’s about educating people on [Blacks’] hair texture, the ways in which it’s best to wear our hair or even [how hairstyle choices impact] our health.” Wendy Greene, “We are Not Our Hair,” Indianapolis Recorder interview with Jessica Key on school and workplace grooming codes prohibiting natural hairstyles, Sept. 12, 2013.

“Once a technology is adopted by the masses, it becomes much harder to regulate.” Woodrow Hartzog, “A Boy and His Drone,” Outdoor magazine, Feb. 26, 2014.

Michael D. Floyd spoke at the conference “Jornada Mundial de Direitos Humanos: Capitalismo Humanista e o Novo Consitutionalismo” (World Day of Human Rights: Humanist Capitalism and New Constitutionalism) held in Brazil Nov. 15–19. The event was organized by the Escola Paulista da Magistratura (São Paulo Magistrates School). He met with current and prospective M.C.L. students and organizations working with the law school to promote the M.C.L. Program. Robert “Bob” Goodwin will return to full-time teaching at Cumberland School of Law after serving as associate dean for academic affairs, effective July 21, 2014. He published new editions of two books: Criminal and Forensic Evidence, 4th edition, with Jimmy Gurule (LexisNexis 2014) and Gamble’s Alabama Rules of Evidence, 3rd edition, with Charles Gamble and Terry McCarthy (CLE Alabama 2014). He also gave two continuing legal education: “The Daubert Test: What Changes and What Remains the Same” at the Alabama District Attorney’s Association winter 2014 conference in Birmingham and “Overview of the Oct. 1, 2013, Amendments to the Alabama Rules of Evidence.” A. Robert “Bob” Greene spoke to the Birmingham Downtown Rotary Club March 12. He discussed “Ukraine: A Nation Still Unfinished.” He gave the same lecture

March 19 in the John L. Carroll Moot Courtroom, drawing upon his experience as a Fulbright Scholar in Ukraine. D. Wendy Greene was an invited to present “Combating Workplace Discrimination Against Women of Color: What’s Hair and Hijabs Got to do With It?” at UCLA’s Institute for Research on Labor and Employment Conference on Race, Labor and Law Feb. 28. Also in February, she was invited to participate in an online symposium devoted to Prof. Joseph Fishkin’s (University of Texas) book, Bottlenecks: A New Theory of Equal Opportunity, hosted by Concurring Opinions Blog. Her contribution was titled “Identity Performance as a Bottleneck to Employment Opportunity.” The January 2014 edition of Diverse: Issues in Higher Education magazine profiled Greene, who received one of 12 national honors as a rising star who has emerged as a leader in legal academia. She was elected chair for the AALS Section on Women in Legal Education and was chosen to serve a second term on the executive committee for the Employment Discrimination Section at the American Association of Law Schools meeting in New York City in January. Her fall 2013 publications, “Categorically Black, White or Wrong: The State of Misperception Discrimination,” 47 Mich. J. L. Ref. 101 (2013) and “A Multidimensional Analysis of What Not to Wear in the Workplace: Hijabs and Natural Hair,” 8 FIU L. Rev. 333 (2013) were highlighted on Workplace Prof Blog the week of Jan. 27. Both articles made several Social Science Research Network [SSRN] top 10 download lists. “What not to Wear in the Workplace” was the featured as the “Immigration Article of the Day” on the Immigration Prof Blog Nov. 27, 2013. In October 2013, her article, “Black Women Can’t Have Blonde Hair . . . in the Workplace,” 14 J. Gender Race Just. 405 (2011), was highlighted on Dressing Constitutionally Blog. Her book review, “All in the Family: Interracial Intimacy, Racial Fictions, and the Law,” of According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family by Angela Onwuachi-Willig, was published Nov. 18 in the California Law Review Circuit.

“FTC privacy and security enforcement began with merely enforcing broken promises that companies made.” Woodrow Hartzog and Daniel J. Solove, “FTC Power to Patrol Unfairness in Privacy, Data Security Challenged, but Enforcement Push Likely to Continue,” Bloomberg BNA, Nov. 4, 2013.

Woodrow N. Hartzog ’02 was invited by the Japanese government to participate in an international symposium on Crossborder Data Flow in Tokyo in early March. The symposium was organized by the University of Tokyo and sponsored by the Japanese Ministry of Education. His lectures covered anonymous and pseudonymous data. His research was cited explicitly in testimony to the U.S. Congress on “The FTC at 100” Feb. 28. His article, “Reviving Implied Confidentiality,” published by the Indiana Law Journal, explores how implied confidentiality might thrive online. He delivered a keynote lecture on privacy and design at the 15th Annual Privacy and Security Conference held in Victoria, British Columbia, Canada, Feb. 7. He participated in the Privacy Law Salon as a Google Fellow in Miami, Fla., Feb. 4–5. On Jan. 23, The Atlantic published his article, “I See You: The Databases That Facial-Recognition Apps Need to Survive,” coauthored with Evan Selinger. As part of a conference on “The New Frontiers of Privacy Harm,” he gave a talk titled “The Value of Modest Privacy Protections in a Hyper Social World” at the Silicon Flatirons Center, A Center for Law, Technology and Entrepreneurship at the University of Colorado Jan. 17. He published an essay titled “Why Grandma Shouldn’t Have Posted Instagram Pics on Facebook” on Forbes Jan. 7. He was on the panel “The Cyber-surveillance Debate” at the American Association of Law Schools [AALS] meeting in New York City Jan. 4. In addition, he became chair of the AALS Section on Defamation and Privacy. In December 2013, the Ohio State Law Journal published his essay, “Social Data.” He appeared on NPR’s Weekend Edition Dec. 14 to discuss the FTC and the regulatory gap for data security. On Dec. 12, he participated in a research roundtable on “The Law and Economics of Privacy and Data Security” at the George Mason University School of Law. He presented his paper, “The FTC and the New Common Law of Privacy,” coauthored by Daniel Solove, to University of Notre Dame Law School faculty Dec. 2. In addition to being a guest lecturer in a Robot Ethics course Dec. 3, he gave a talk titled “Confronting Automated Law Enforcement” as part of the Reilly Forum, an event hosted by the Notre Dame’s John J. Reilly Center for Science, Technology “It’s certainly striking to hear the companies’ use of fiery rhetoric to criticize mass collection of bulk data since they themselves are engaging in mass collection of bulk data.” Woodrow Hartzog, “The InformationGathering Paradox,” The New York Times, Oct. 26, 2014.

and Values. His op-ed about California’s new online eraser law, “A stronger ‘online eraser’ law would be a mistake,” was featured in New Scientist magazine Nov. 12. He coauthored an op-ed, “Why Is Facebook Putting Teens at Risk?” with Evan Selinger in the Oct. 24 issue of Bloomberg. Al Jazeera interviewed him about drones and privacy in October as part of Hartzog’s participation in the Drones and Aerial Robotics Conference at New York University in early October. Hartzog was on a panel dedicated to “Drones and the Future of Public Space.” He presented “The Right to Forget” at the Ninth Conference on Privacy and Public Access to Court Records at the College of William & Mary Law School in Williamsburg, Va., Oct. 14. Paul Kuruk participated in a meeting of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization held in Geneva, Switzerland, Feb. 3–7. He proposed amendments to existing law to provide for disclosure obligations in patent applications regarding the source or origin of genetic resources as well as evidence of the obtainment of consent from, and agreement to share benefits with, the rights holders of the genetic resources. William G. Ross published a review essay in the Dec. 2013 issue of Reviews in American History (Johns Hopkins University Press), titled “Brandeis, Gitlow and the Supreme Court’s Transformation During the Interwar Years.” Grace Simms, information technology librarian, was a guest speaker at the 2013 Internet Librarian Conference in Monterey, Calif., Oct. 27. This is an annual conference sponsored by Information Today, Inc., a publisher of several internet and technology magazines, newsletters and books all geared toward the library, information and knowledge management community. Her presentation included the latest apps and techniques for searching online. Joseph Snoe and Barlow Burke will draft

the fifth edition edition of ofProperty: Property:Examples Examples issues) for and Explanations Explanations(e-discovery for Wolters Kluwer Law & Business. Wolters Kluwer Law & Business. CL “That action doesn’t necessarily mean ‘I approve this product.’ ” Woodrow Hartzog, “Like it? Social ads turn users into unwitting endorsers,” Los Angeles Times, Oct. 20, 2013. “The same story happens again in country after country.” David Smolin, “International adoption: Saving orphans or child trafficking?” CNN, Sept. 18, 2013. CL

Collected October 2013 to March 2014 1966 L. Stephen Wright, Jr., was named a 2014 Fellow of the Birmingham Bar Foundation. He is with Najjar Denaburg, PC, Birmingham. 1967 H. Chervis Isom, Jr., was elected by the Birmingham Bar Association as a 2014 representative to the Legal Aid Society of Birmingham. He wrote a book, The Newspaper Boy: Coming of Age in Birmingham, Alabama, During the Civil Rights Era. Isom is with Baker Donelson, PC, Birmingham. 1969 Charles W. “Buz” Dooley was recognized by the Tennessee Bar Association as Harris Gilbert Pro Bono Volunteer of the Year for 2014. He is of counsel with Leitner Williams Dooley & Napolitan, PLLC, Chattanooga, Tenn. Frank M. Young III with Young Law, LLC, joined Red Mountain Law Group as a member firm, Birmingham. 1970 Peyton D. Bibb, Jr., is an attorney with Garner Couch & Ezell, LLP, Birmingham. 1971 James L. Sumner, Jr., received the 2013 COGEL Award, the highest recognition conferred by the Council on Governmental Ethics Laws. He is director of the State of Alabama Ethics Commission, Montgomery. 1972 Paul Benjamin Anderson, Jr., was appointed circuit executive for the U.S. Court of Appeals for the 5th Circuit, New Orleans, La. 1973 Houston L. Brown was named a 2014 Fellow of the Birmingham Bar Foundation. He was keynote speaker at Birmingham’s 28th annual Martin Luther King, Jr., Unity Breakfast, Jan. 20, 2014. Brown is presiding judge of the 10th Judicial Circuit, Civil Division, Birmingham. 1974 John L. Carroll was named a 2014 Fellow of the Birmingham Bar Foundation. Orrin R. Ford of Birmingham was presented the National Council of International Visitors [NCIV] Gold Star Award by the International Services Council of Alabama, Inc., an affiliate of the NCIV, headquartered in Washington, D.C.

Terry P. McMahan retired as president of Hodges University, Naples, Fla. He served as president from July 1, 1990, through June 30, 2013. Upon his retirement, McMahan became the first president emeritus for Hodges University; he is assisting with donor support, advancement and community relations. W. Lee Thuston was a presenter at the Smart on Crime Reentry Policy Summit, Oct. 16, 2013, held at Cumberland School of Law. He is with Burr & Forman, LLP, Birmingham. 1975 James E. Hill, Jr., retired Oct. 31, 2013, as circuit court judge for the Alabama 30th Judicial Circuit, Pell City. He served as both a district court and a circuit court judge for the 30th Judicial Circuit. Joe H. Ritch was named chair of the Tennessee Valley Authority board of directors; he has served on the board since January 2013. He is with Sirote & Permutt, PC, Huntsville, Ala. 1976 James S. Benjamin was elected president of the Florida Association of Criminal Defense Lawyers. He is with Benjamin Aaronson Edinger & Patanzo, PA, Fort Lauderdale. Edward R. “Eddie” Jackson was named chair of the Walker Area Community Foundation board of directors. He is responsible for the oversight and operations of Bankhead House & Heritage Center, Jasper, Ala. He is with Jackson Fikes Hood & Brakefield, Jasper. 1977 Sharon Lovelace Blackburn ended a seven-year term as chief judge of the U.S. District Court, Northern District of Alabama, Birmingham, in November 2013. Steven F. Casey is 2014 president-elect of the Birmingham Bar Association. He is with Jones Walker, LLP, Birmingham. J. Ted Stuckenschneider was named a 2014 Fellow of the Birmingham Bar Foundation. He is with the Law Offices of Ted Stuckenschneider, PC, Birmingham. 1978 Honora M. Gathings was elected to the 2014 Executive Committee Place 1 with the Birmingham Bar Association. She is with Gathings Law Firm, Birmingham. Charles M. Ingram was certified by the National Board of Trial Advocacy as a specialist in civil trial advocacy. He is with Ingram & Ingram, Kenansville, N.C.

Gary Alan Moore retired Nov. 30, 2013, as an assistant U.S. attorney with the U.S. District Court for the Southern District of Alabama, Mobile. At the time of his retirement, Moore was the affirmative civil enforcement coordinator for the Southern District of Alabama. James R. Pratt III was named a 2014 Fellow of the Birmingham Bar Foundation. He is with is with Hare Wynn Newell & Newton, LLP, Birmingham. 1979 G. Doug Jones was named a 2013 Fellow of the Alabama Law Foundation. He is with Jones & Hawley, PC, Birmingham. 1980 Daniel R. Aaronson is chairman emeritus and immediate past president of the First Amendment Lawyers Association. He is with Benjamin Aaronson Edinger & Patanzo, PA, Fort Lauderdale, Fla. Karon O. Bowdre began a seven-year term as chief judge of the U.S. District Court, Northern District of Alabama, Birmingham, in November 2013. She was a presenter at the Smart on Crime Reentry Policy Summit, Oct. 16, 2013, held at Cumberland School of Law. Marda W. Sydnor was elected by the Birmingham Bar Association as a 2014 trustee for the Bar Aid Trust. She is with Parsons Lee & Juliano, PC, Birmingham. Jere F. White, Jr., received posthumous recognition as a 2014 Fellow of the Birmingham Bar Foundation. White was a founding partner of Lightfoot Franklin & White, LLC, Birmingham. 1981 Charles J. “Charlie” Crist, Jr., coauthored a book, The Party’s Over: How the Extreme Right Hijacked the GOP and I Became a Democrat, with Ellis Henican. Crist is with Morgan & Morgan, PA, Tampa, Fla. William G. Nolan was elected the 2014 chairman of the Elder Law Committee of the Birmingham Bar Association. He is with Nolan Stewart PC, Hoover, Ala. J. Allen Sydnor, Jr., was named a 2014 Fellow of the Birmingham Bar Foundation. He is with Huie Fernambucq & Stewart, LLP, Birmingham. 1982 John Cox Hall received the L. Burton Barnes III Public Service Award from the Birmingham Bar Association in December 2013. He is with Hall & Hall, LLC, Birmingham.

1983 Douglas B. Hughes is of counsel in health-care practice with Hand Arendall, LLC, Birmingham. Debra T. Lewis was named a board member for Junior Achievement of Greater Birmingham. She is with Balch & Bingham, LLP, Birmingham. Barnes F. Lovelace, Jr., was named a 2013 Fellow of the Alabama Law Foundation. He is with Harris Caddell & Shanks, PC, Decatur, Ala. 1984 LaBella S. Alvis was selected as a member of the board of directors for the International Academy of Trial Lawyers. She is with Christian & Small, LLP, Birmingham. S. Greg Burge was named a 2014 Fellow of the Birmingham Bar Foundation. He is with Burr & Forman, LLP, Birmingham. Blane H. Crutchfield was elected an officer of the Southeastern Admiralty Law Institute. He is with Hand Arendall, LLC, Mobile, Ala. Clark R. Hammond is a member with Wallace Jordan Ratliff & Brandt LLC, Birmingham. Robert P. MacKenzie III was named a 2014 Fellow of the Birmingham Bar Foundation. He is with Starnes Davis Florie, LLP, Birmingham. Gregory D. Snell is of counsel with Foley & Lardner, LLP, Orlando, Fla. 1985 Beverly P. Baker was named a 2014 Fellow of the Birmingham Bar Foundation. She is with Ogletree Deakins, PC, Birmingham. Leslie R. Barineau was elected to the American Bar Association House of Delegates for the Alabama State Bar. She is with Barineau & Barineau, Birmingham. Howard W. Neiswender was named an estate planning law specialist by the Estate Law Specialist Board, Inc. He is with Sirote & Permutt, PC, Birmingham. Thomas N. Osborne of Pearisburg, Va., was recognized at the December 2013 Virginia Magistrates Judicial Conference for 15 years of service. Bill R. Weathington, Jr., was appointed circuit court judge by Gov. Robert Bentley in November 2013 for the Alabama 30th Judicial Circuit, Pell City. 1986 Richard J. Brockman is counsel with Burr & Forman, LLP, Birmingham.

Candis A. McGowan was named a 2013 Fellow of the Alabama Law Foundation. She was elected to the 2014 Executive Committee Place 3 with the Birmingham Bar Association. McGowan is with Wiggins Childs Quinn & Pantazis, LLC, Birmingham. Steven C. Pearson was named a partner with Armbrecht Jackson, LLP, Mobile, Ala.

Fred L. Coffey, Jr., taught at the Government Procurement Assistance Center’s government contracting credentials program Feb. 5, 2014. He also served on a panel at the Tennessee Valley Authority’s Alabama Retail Development Conversation, Raising Your Retail Bar, April 3, 2014, in Decatur, Ala. He is with Sirote & Permutt PC, Huntsville, Ala.

1987 M. Mike Goral joined Weaver, as partner-incharge of state and local tax services, and is based in the accounting firm’s Dallas, Texas, office.

1992 William C. “Beau” Byrd II was elected a fellow of the American College of Mortgage Attorneys. He is with Bradley Arant Boult Cummings, Birmingham.

Theodore J. Leopold and Leslie M. Kroeger ’93 announce the merger of Leopold Law, PA, with Cohen Milstein Sellers & Toll, PC, a firm headquartered in Washington, D.C. Both were named partners and practice in the firm’s Palm Beach Gardens, Fla., office. Leopold spoke at the Florida Justice Association’s 2014 Workhorse Seminar, in Orlando, Fla., on Cross-Examination of Design and Manufacturing Defect Experts in Vehicular Product Liability Cases.

1993 Leslie M. Kroeger and Theodore J. Leopold ’87 announce the merger of Leopold Law, PA, with Cohen Milstein Sellers & Toll, PC, a firm headquartered in Washington, D.C. Both were named partners and practice in the firm’s Palm Beach Gardens, Fla., office. Kroeger spoke at the Florida Justice Association’s 2014 Workhorse Seminar, in Orlando, Fla., on Defeating Defense Daubert Motions.

Jane Opitz Shuler was elected as a delegate to the South Carolina Bar’s house of delegates for the 5th Judicial Circuit. She is chief counsel for the South Carolina Judicial Merit Selection Commission and an attorney with the South Carolina Senate Judiciary Committee. 1988 Joel A. J. Callins was appointed by Dougherty County, Ga., commission to serve a five-year term on the Hospital Authority of Albany-Dougherty Counties. He is with Callins Law Firm, LLC, Atlanta, Ga. Jennifer S. Nichols was named deputy district attorney in Memphis and Shelby County, Tenn. She is an adjunct professor for trail advocacy at the University of Memphis Cordell Hull School of Law. Julia Jordan Weller was named clerk of the Supreme Court of Alabama, Montgomery, in July 2013. 1989 Thomas L. Oliver II was elected to serve as the practice group director with USLAW Network, Inc.’s board of directors; previously, he served as USLAW’s emerging markets director. He is with Carr Allison, Birmingham. 1990 Sharon D. Stuart was named a 2013 Fellow of the Alabama Law Foundation. Stuart is with Christian & Small, LLP, Birmingham. 1991 Julia A. “Julie” Beasley qualified to compete in the National Cutting Horse Association World Finals held in Fort Worth, Texas, in December 2013. She is with Beasley Allen Crow Methvin Portis & Miles, PC, Montgomery, Ala.

Teresa G. Minor was named a 2014 Fellow of the Birmingham Bar Foundation. She is with Balch & Bingham, LLP, Birmingham. 1994 Kelly J. McKibben was appointed circuit court judge by Gov. Rick Scott in September 2013 for the Florida 18th Judicial Circuit, which includes Brevard and Seminole Counties, Fla. She previously served as county court judge in Brevard County. Michael B. Odom joined as a partner with Rumberger Kirk & Caldwell, Birmingham. 1995 Paul J. Chevlin is an attorney in the market regulation department of CME Group, Chicago, Ill., a futures exchange company. Thomas W. Davis, Jr., is vice president of West Coast operations for the Garden City Group, Inc., Seattle, Wash. Sidney S. Welch joined as a partner with Kilpatrick Townsend & Stockton, LLP, Atlanta, Ga. Nicholas W. Woodfield was named a 2013 Top Lawyer by Washingtonian magazine. He is with The Employment Law Group®, Washington, D.C. 1996 Joseph L. Cowan II is a member with Hand Arendall, LLC, Birmingham. Karen D. Farley is an associate with Gaines Gault Hendrix, PC, Vestavia Hills, Ala.

K. Bryance Metheny was named to the 2014 board of directors for the Tennessee Chamber of Commerce & Industry. She is with Burr & Forman, LLP, Birmingham.

2003 Emily L. Baggett was named to the 2014 Alabama State Bar Leadership Forum Class 10. She is with the city of Decatur.

R. Cameron “Cam” Ward was a presenter at the Smart on Crime Reentry Policy Summit, Oct. 16, 2013, held at Cumberland School of Law. She is state senator for the Alabama State Senate District 14.

Joshua S. Bearden of Washington, D.C., recently returned home after completing service for the U.S. Army in Afghanistan. John P. Browning was named to the 2014 Alabama State Bar Leadership Forum Class 10. He is with Burr & Forman, LLP, Mobile.

1997 James P. Catalano is a partner with Nelson Mullins Riley & Scarborough, LLP, Nashville, Tenn. 1998 Marc J. Ayers was appointed to a two-year term on the Alabama Advisory Committee for the U.S. Commission on Civil Rights. He is with Bradley Arant Boult Cummings, LLP. Tracie B. Lee-Roberson was selected by the Mobile County school board to fill the vacated District 4 commissioner seat. She has a solo practice at Tracie B. Lee, LLC, Mobile, Ala. 1999 Frances J. Herring was named North Carolina’s Southeast Region Principal of the Year for 2014. She is principal of Contentnea-Savannah K–8 School, Kinston. Sheldon L. Phillips is chief executive officer and general secretary of the Trinidad and Tobago Football Association, Port of Spain. 2000 Michael J. Miller was elected city councilman for the City of Douglasville, Ga. He is with the firm of Michael J. Miller, PC, Douglasville. Nicole H. Sodoma was named to the board of directors of Justice Initiatives, a nonprofit organization that educates the community about the court system. She is with Sodoma Law, PC, Charlotte, N.C. 2001 Ronald W. McBay of Mobile, Ala., recently returned home after completing service for the U.S. Army in Afghanistan. Martha D. Roby accepted an assignment to the U.S. House Committee on Appropriations. She is a U.S. Representative for Alabama’s 2nd Congressional District.

Andrea M. Greene is a member with Bressler Amery & Ross, PC, Birmingham. Jamie H. Scivley is an associate with Bressler Amery & Ross, PC, Birmingham. 2004 Crystal H. Holmes was installed as president of BirminghamCREW, an association for people working in all disciplines of commercial real estate. She is with Sirote & Permutt, PC, Birmingham. 2005 Joseph S. Moore was named a partner with Balch & Bingham, LLP, Montgomery, Ala. 2006 Ray A. Carle was named a partner with McCalla Raymer, LLC, Birmingham. Todd H. Cox was named a shareholder at Maynard Cooper & Gale, PC, Birmingham. Robert B. Goss was elected chair of the State Bar of Texas military law section and serves on the bar’s council of chairs. Hewas elected a director to the National Organization of Veteran Advocates for 2014–17. He was elected to a leadership role as a grand knight of the Knights of Columbus Council No. 14700. He is with the Law Office of Robert B. Goss, PC, Houston. S. Gaillard Ladd is an attorney with Armbrecht Jackson, LLP, Mobile, Ala. Cheryl Howell Oswalt was named a shareholder with Sirote & Permutt, PC, Birmingham. She was installed as president-elect of BirminghamCREW, an a ssociation for people working in all disciplines of commercial real estate. R. Cade Parin opened a solo practice, The Parin Law Firm, LLC, Carrollton, Ga.

Latanishia D. Watters is of counsel with Hand Arendall, LLC, Birmingham.

Kathryn Dietrich Perreault is a member with Bressler Amery & Ross, PC, Birmingham.

2002 Kathryn I. Kasper was named a shareholder with Sirote & Permutt, PC, Pensacola, Fla.

John E. Rollins was named a member of Hand Arendall, LLC, Birmingham.

2007 Allison J. Adams was named a partner at Starnes Davis Florie, LLP, Birmingham. Damon J. Boiles was named to the 2014 Alabama State Bar Leadership Forum Class 10. He is with Drummond Company, Inc., Birmingham. Monica N. Fischer is an attorney with Warren Averett, LLC, Vestavia Hills, Ala. Michael D. Florie is an associate with Starnes Davis Florie, LLP, Birmingham. Margaret H. Loveman is an attorney with Butler Snow, LLP, Birmingham. Stephanie H. Mays was named to the 2014 Alabama State Bar Leadership Forum Class 10. She is with Maynard Cooper & Gale, PC, Birmingham. Katherine T. Powell was named to the 2014 Alabama State Bar Leadership Forum Class 10. She is with Butler Snow LLP, Birmingham. Jessica D. Rahm is AVP/trial counsel with Fidelity National Law Group, Atlanta, Ga. Amanda L. Rucks is an associate with Pepper & Odom, PC, Birmingham. Tanya K. Shunnara was named a shareholder with Sirote & Permutt, PC, Birmingham. Walker S. Stewart was named a partner at Hall Bloch Garland & Meyer, LLP, Macon, Ga. M. Brent Walker is an associate with Hall Booth Smith, PC, Atlanta, Ga. Randall L. Woodfin was featured in the December 2013 issue of Birmingham magazine as an education groundbreaker for his service as Birmingham Board of Education president. He is an attorney for the city of Birmingham. 2008 Michael J. Alfano is a client service manager at The Bank of New York Mellon Trust Company, Jacksonville, Fla. John R. Bowles is an assistant vice president with the compliance and regulatory risk management division at Regions Financial Corporation, Birmingham. Enslen L. Crowe was elected to a threeyear term on the board of directors of the Homewood (Ala.) City Schools Foundation. He is with Sirote & Permutt, PC, Birmingham. Nhan-Ai Thuy Du is an associate judge with the Piedmont Judicial Circuit, Juvenile Courts, Jefferson, Ga.

Mari A. Irwin was appointed to the Alabama Special Committee on Collaborative Law Rules of Procedure for 2013–14. She has a solo practice at Mari A. Irwin, PC, Huntsville, Ala. Andrew N. King is an associate with Spain & Gillon, LLC, Birmingham. Luisa Kay Reyes, a lyric soprano, performed Christmas carols and sacred works at Samford University’s Brock Recital Hall Dec. 6, 2013. She resides in Cottondale, Ala. J. Ashley Sawyer received the 2013 Award of Achievement for Outstanding Service to the Profession, presented by the young lawyers division of the State Bar of Georgia. She is with Waggoner Hastings LLC, Alpharetta. Molly Campbell Taylor is an in-house counsel for BBVA Compass, Birmingham. Teresa L. Magnus Underwood is a principal with the construction advisory firm, Magnus & Company, Birmingham. 2009 Timothy P. Cook is a senior auditor II with internal audit at BBVA Compass, Birmingham. Margaret F. “Meg” Demeranville is an attorney with Reeves & Mestayer, Biloxi, Miss. Laura C. Herndon is assistant vice chancellor for alumni relations and annual giving, University of North Carolina— Asheville. Hannah B. Lansdon was named a partner with Tanner & Guin, LLC, Tuscaloosa, Ala. Matthew I. Penfield is an associate with Bressler Amery & Ross, PC, Birmingham. Dara D. Fernandez Perez joined BUPA Worldwide Corp., Miami, Fla. 2010 Mallory N. Beaton appeared as guest host for Law Call, Feb. 9, 2014, which aired on Fox 6 WBRC TV. She is with Beckum Kittle, LLP, Birmingham. Laura L. Cade is general counsel and quality assurance coordinator at Therapeutics Interventions, Nashville, Tenn. W. Osborne Crosby is counsel for tax, accounting and trade in the regulatory and economic department of the American Petroleum Institute, Washington, D.C. Kathryn V. Davis is an attorney with Bond Botes Sykstus Tanner & Ezzell, PC, in the firm’s Hunstville and Decatur, Ala., offices. Matthew E. Dye is of counsel with Carney Dye, LLC, Mountain Brook, Ala. Todd F. Frederick is a partner with

Turnbach Warren Lloyd Frederick & Smith, PC, Gadsden, Ala.

D. Kent Sausaman is an attorney with The Coleman Law Firm, PLLC, Jacksonville, Fla.

Joshua T. King is working as in-house counsel and an outside sales representative with Roofers Mart of Alabama, Inc., Birmingham.

J. Lawrence “Lance” Smith, Jr., is a partner with Turnbach Warren Lloyd Frederick & Smith, PC, Gadsden, Ala.

W. Brooks Marks is an associate at Morris Hardwick Schneider, LLC, Birmingham. J. AshLeigh Meyer and April H. DeLuca ’12 are among the founding partners of the family law practice of Meyer Middleton & DeLuca, LLC, Mountain Brook, Ala. Ashley Reitz Peinhardt was elected the 2014 secretary/treasurer of the Birmingham Bar Young Lawyers executive board. She is with Hare Wynn Newell & Newton, LLP, Birmingham. T. J. Schaffer was promoted to corporate counsel of Community Health Systems Professional Services Corp., Franklin, Tenn. Joseph E. “Tripp” Watson III was selected to serve in 2014 on the long-range planning committee of the Birmingham Bar Association. Watson is with the Watson Firm, Birmingham. 2011 Polly F. Allen is the 2013–14 chair of the Make-a-Wish Alabama Junior Council. She is an admission counselor in the Office of Law Admission at Cumberland School of Law. Charlie G. Baxley received a 2013 Pro Bono Award from the Birmingham Bar Volunteer Lawyers Program. He is with Bradley Arant Boult Cummings, LLP, Birmingham. J. Troupe Brewer is an associate with Lloyd Gosselink Rochelle & Townsend, PC, Austin, Texas. Michael T. Clark is an associate with Wilson & Berryhill, PC, Birmingham. R. Houston Core works at Freedom House, an addiction recovery program, in Greensboro, N.C. Clay M. Doten opened a solo practice, CMD Legal Services, Birmingham. Sara E. Hames works at Freedom House, an addiction recovery program, in Greensboro, N.C. Shannon C. O’Guin is an assistant district attorney with the 10th Judicial Circuit, District Attorney’s Office, Birmingham. Alyson Hood Rains is an associate with Bloomston & Basgier, Birmingham. Christopher C. Romeo is an associate with Thurmond Kirchner Timbes & Yelverton, PA, Charleston, S.C.

M. Lydie White-Anderson is manager of finance and operations for the National Review Institute, New York, N.Y. The institute is a nonprofit associated with National Review magazine. 2012 April H. DeLuca and J. AshLeigh Meyer ’10 are among the founding partners of the family law practice of Meyer Middleton & DeLuca, LLC, Mountain Brook, Ala. Katherine M. “Katie” Garrety is a career law clerk for Judge Madeline H. Haikala, U.S. District Court for the Northern District of Alabama, Birmingham. S. Nathaniel Gordon is an associate with Baker Donelson Bearman Caldwell & Berkowitz, PC, Birmingham. Drewry E. Haskins IV is an associate at Heninger Garrison Davis, LLP, Birmingham. Katie M. Kimbrell is an associate with Bressler Amery & Ross, PC, Birmingham. Craig D. Lawrence formed Alabama Technology Entrepreneurs, Birmingham, a legal and financial planning firm. Ritesh Patel is an associate with Ingwersen & Taylor, LLP, Atlanta, Ga. J. Sims Rhyne III is an associate with Bradley Arant Boult Cummings, LLP, Birmingham. Daniel J. Ruth is an associate with Balch & Bingham, LLP, Birmingham. Mallory L. Schneider and Cory L. Ricci ’13 coach a trial team at Vanderbilt Law School. Schneider is an associate with Constangy Brooks & Smith, LLP, Nashville, Tenn. Sabrina M. Sharifali is an attorney with Mills & Hoopes, LLC, Lawrenceville, Ga. Jaclyn M. Terry opened a solo law practice, Jaclyn Terry Attorney at Law, LLC, Birmingham. Joseph D. Thetford, Jr., is an associate with Chason & Chason, PC, Bay Minnette, Ala. Lanice L. Turrens is an associate with Eric J. Braunstein, PA, Plantation, Fla. 2013 Laura A. Blount is an attorney with Howard Tate Sowell Wilson Leathers & Johnson, PLLC, Nashville, Tenn.

Leslee C. Champion is an attorney with O’Dell & O’Neal, Marietta, Ga.

Jennifer Panetta ’10 married Jason Webb Oct. 26, 2013. They reside in Pinson, Ala.

Daniel and Shawnna Smith ’09, a son, Vincent Nathanial, Nov. 4, 2013.

Dru L. Clark is an associate with Legal Services Alabama, Birmingham.

Births Suzanne and James McFerrin ’87, a son, Joseph Blake, Oct. 3, 2013.

Matt and Paige Yarbrough ’09, a son, Jaxon Sterling, Oct. 21, 2013.

Jaclyn A. Gilbert is a real estate attorney with Findlay & Edenfield, LLC, Augusta, Ga. David L. “Collin” Hill II is an entrepreneurs network fellow at Blackstone Entrepreneurs Network, Durham, N.C. Brittany L. Huet is estate administration coordinator at Pyke & Associates, PC, Stockbridge, Ga. Samantha J. Jolly is an associate with Carr Allison, Vestavia Hills, Ala. Ellen R. McDaniel and her fiancé, Wesley R. Shelley, are continuing the law practice of W. Hill Evans, PA, Marion, N.C. Steven A. Miller is an assistant district attorney with the DeKalb County District Attorney’s Office, Decatur, Ga. Cory L. Ricci and Mallory L. Schneider ’12 coach a trial team at Vanderbilt Law School. Ricci is an associate at Whatley & Associates, Columbia, Tenn. Paul S. Simon is a junior associate with The Siemon Law Firm, Cumming, Ga. Samuel C. Stephens is an associate with Benton & Centeno, LLP, Birmingham. Nicholas C. Waddell is an attorney with Waldrep Stewart & Kendrick, LLC, Birmingham. He is serving as an assistant prosecutor for the City of Hoover, Ala. Laura Lundy Wheale is an attorney with Parker and Lundy, Cedartown, Ga. Kyle M. Winters is an attorney with Thomas N. Scheffel & Associates, PC, Denver, Colo. Correction: It was incorrectly published that Spencer P. Waddell is an assistant prosecutor for the city of Hoover, Ala. He is an associate with Bradley Arant Boult Cummings, LLP, Birmingham. Cumberland Lawyer regrets the error. Marriages Shahin “Sean” Modjarrad ’00 married Dr. Nasa Safdarian March 22, 2014. They reside in Dallas, Texas. Laura Herndon ’09 married Zachary Neill Oct. 5, 2013. They reside in Asheville, N.C. Jessica Whatley ’09 married Michael O’Connor Nov. 9, 2013. They reside in Griffin, Ga.

Dewayne and Janelle Evans McGraw ’97, a son, Walker “Cash,” Dec. 6, 2013. Hal and Amanda Rickman Cobb ’03, a son, Henry Thetford, Feb. 18, 2014. Robert and Stephanie McGuire ’04, a daughter, Lily Rivers. Michael and Kimberly Grande Stanko ’04, a son, Grady, Nov. 14, 2013. Lindsay Roberts Queen ’05 and Garrick Queen ’05, a daughter, Caroline deBruyn, Nov. 4, 2013. Michael and Susan Nettles Han ’06, a daughter, Sara Sung, Sept. 28, 2013. Monica N. Fischer ’07 and Kurt S. Fischer ’10, a son, Kurt Dominic, Jan. 3, 2014. Retired Cumberland School of Law Professor Jack Nelson and his wife, Janice, are grandparents. W. M. Bains Fleming III ’07 and Kelli Carpenter Fleming, a daughter, Ann Clark Townsend, Dec. 23, 2013. Andrea Weed ’07 and John Dorgan, a daughter, Camille Crosby Dorgan, Feb. 14, 2014. Jason and Ariel Denbo Zion ’07, a son, Samuel Lincoln, Aug. 21, 2013. Kellie and Patrick Bobo ’08, a daughter, Addison Lee, Jan. 28, 2014. Michael and Brooke M. Nixon ’08, a daughter, Harper Finley, March 12, 2014. April D. Wise ’08 and Chad Elliott Wise, a son, John Elliott, Dec. 9, 2013. Krista DeWitt Wood ’08 and R. Jordan Wood ’09, a son, Malcolm DeWitt, Jan. 20, 2014. Jack and Courtney Saad Adams ’09, a daughter, Leland, Jan. 24, 2014. Hannah B. Lansdon ’09 and Ryan Allen Lansdon, a daughter, Remy Austen, Jan. 4, 2014. Joshua Dayton Moore ’09 and Lauren Goodson Moore ’10, a daughter, Ella Marie, Dec. 11, 2013. Joshua Pipkin ’09 and Katie Frey Pipkin, twins, Robert Whitman and Mary Hannah, Sept. 19, 2013.

Cara and Andrew Brashier ’10, a daughter, Holland Sophia, Jan. 24, 2014. Kristen ’10 and Christopher Burge ’10, a son, Caleb Anthony, Oct. 2, 2013. James and Erin Potter McConatha ’10, a daughter, Samantha Clair, Nov. 25, 2013. Sherrell and Brian Smithweck ’10, a daughter, Anne Marie Smithweck, Nov. 18, 2013. Cara and Charles Elliott ’11, a daughter, Elizabeth Blake, Nov. 6, 2013. Jay Watkins ’12 and Sara Mercer Watkins, a daughter, Tessa Kate, March 12, 2014. In Memoriam Knox G. Bigham ’47 of Atlanta, Ga., and Lewisburg, Tenn., died Dec. 20, 2012. Thomas Franklin Ingram ’50 of Lenoir City, Tenn., died Sept. 1, 2013. Ralph E. Pogue ’54 of Aberdeen, Miss., died Dec. 28, 2013. James A. Pudlowski ’57 of Ballwin, Mo., died Jan. 25, 2014. Rondal Thomas Wilson ’59 of Shelbyville, Tenn., died March 28, 2013. Donald R. Cruse, Sr. ’69 of Birmingham died Oct. 18, 2013. W. Eason Mitchel ’75 of Tuscaloosa, Ala., died May 20, 2013; his spouse was Nancy Howell Mitchell ’75. Leonard Milton Schwartz ’76 of Birmingham died Oct. 13, 2013. Barbara H. Gallo ’81 of Atlanta, Ga., died Jan. 1, 2014; her spouse was Thomas J. Gallo ’77. Chalice E. Tucker ’85 of Hoover, Ala., died Feb. 4, 2014. Charles Hillman Pullen ’89 of Owens Cross Roads, Ala., died Oct. 2, 2013. Judy Poore Hamer ’92 of Bentonville, Ark., died Feb. 21, 2014. CL

from the

Director of Alumni Relations

Marovich, center, with Jonathan Beling ’12, left, and W. Scott Simpson ’93 at the 2014 Birmingham luncheon

Marovich, center, with Lindsey Allison ’84, left, and Alicia Haynes ’87 at the 2014 Birmingham luncheon

I am excited to welcome our new National Alumni Association president, Mary Ann Etzler ’95. She is a partner at the Orlando, Fla., law firm of Miller Etzler, P.L., and is extremely involved with the Florida legal market. Her dedication to public service work will be a true inspiration to our students and graduates. I look forward to introducing her to many of you over the next year. Our newest alumni from the Class of 2014 are on the streets. Watch out! This group is determined, and they are going to do great things. I, along with their families and friends, look forward to seeing who they will become, what organizations they choose to lead, what difference they will make and how they will impact their communities. The possibilities are endless and very exciting. During this time of very real challenge in the legal profession, it is of utmost importance that we offer our students and new graduates the biggest pool of resources possible to assist them while they start their careers. Earning a law degree is empowering; it opens doors, not closes them. While the traditional private firm sector is arguably contracting, the numbers of nontraditional legal jobs are increasing. This is where you, our alumni, come in. You are all incredible resources for our students and new graduates. Together, we can show our young alumni how they can succeed in traditional practice or in a nontraditional legal career. When I read class notes, which we publish monthly in our Cumberland Connections digital newsletter and again in this magazine, I am reminded of the unique and vast number of nontraditional jobs in which our lawyers are working and succeeding. For many, it is a career that might very well grow out of a passion. Sheldon L. Phillips ’99 is chief executive officer and general secretary of the Trinidad and Tobago Football Association, Port of Spain. Ashley Ragsdale Santos ’06 is senior principal gift officer for The Citadel Foundation in Charleston, S.C. Matthew Brown ’11 works for the Metropolitan Planning Organization for Baldwin County, Ala. The list of alumni succeeding in nontraditional legal careers is endless. Another area that is booming is the legal services support industry. Opportunities are growing for project managers, technology gurus and compliance specialists with J.D. degrees—just ask T. Roe Frazer ’85, CEO and General Counsel of Cicayda, LLC. Lawyers have the analytical skills that these employers desire. Prior to the Spring Advisory Board meeting in April, Judge John Carroll ’74 asked board members to read Tomorrow’s Lawyers: An Introduction to Your Future by Richard Susskind. It is a fascinating prediction and description of the future of the legal marketplace. Some believe what Susskind describes is not prediction but reality, at least in some places. I especially recommend this book to students and new lawyers for the purpose of aligning one’s passion and interests up with future market demand. Have a great summer!

Anne L. Marovich, J.D., director amarovic@samford.edu 33

Awards Law School Congratulates Award Winners Cumberland School of Law annually recognizes individuals for their service to the school. This year’s winners are Judge John L. Carroll ’74, Distinguished Alumnus; Susan G. Carroll, Friend of the Law School; and Representative Martha Roby ’01, Young Alumnus. The Distinguished Alumnus Award is given to a graduate who has distinguished herself/himself in the practice of law, service to the community and leadership in the profession. As dean, Judge Carroll tirelessly led the law school for the past 13 years while teaching and participating on numerous local, state and national committees. Prior to his tenure at Cumberland School of Law, he served as a Marine Corps officer, a federal magistrate judge, legal director of the Southern Poverty Law Center and law professor at Mercer University. (Read more about his life on p. 10.) The Friend of the Law School Award is given to a person who has, through financial and other means of support, made a significant investment in the law school and its future. Susan Carroll became a friend of the law school in 1971 when her husband, Judge Carroll, started his legal education. She has supported the law school and her husband’s responsibilities as a faculty member and dean since 2001. She brings her wit and graciousness to student and alumni events, on and off campus. The Carrolls have been married for more than 44 years. The Young Alumnus Award is given to someone who graduated within the last 15 years, and has distinguished herself/himself in the practice of law, service to the community and leadership in the profession. Roby is serving her second term as representative in Alabama’s Second Congressional District in the U.S. House of Representatives. Prior to being elected to Congress, she worked as an attorney and served as a city councilwoman in her hometown of Montgomery. Early upon going to Capitol Hill, Republican leaders selected Roby as one of only four freshman members to serve on the Majority Transition Team. Roby later served as chair of a subcommittee on military oversight and investigations, a rare honor for a second-term member of Congress. In December 2013, she became a member of the House Committee on Appropriations, which has oversight on government spending. She is the first representative from the Second District to serve on this key congressional committee. CL

Above: Judge John Carroll, right, and his wife, Susan, both receive awards recognizing their service to the law school. Left: U.S. Representative Martha Roby is named Young Alumna. Below left: Law students compete in the Tournament of Champions held at the Jefferson Co, Ala., Courthouse. Below right: Michael Rasmussen congratulates Judge David C. Mason for coaching the winning Washington University team.

Sumner ’74 Receives COGEL Award Jim Sumner ’74 received the 2013 Council on Governmental Ethics Laws [COGEL] Award at the organization’s 35th annual conference in Quebec City, Canada. The award is presented each year to an individual who, over a substantial period of time, has made a significant, demonstrable and positive contribution to the field of campaign finance, elections, ethics, freedom of information or lobbying regulation. “This is an extraordinary honor for me and for the Alabama Ethics Commission,” said Sumner. “It recognizes all of the hard work that has been done over the last 10 years to enact significant reforms into the ethics law. It could not have happened without the strong support of the 24 commissioners I have been privileged to work with and a truly dedicated staff of professionals.” The COGEL is a professional organization comprised of federal, state, county and municipal agencies throughout the United States and Canada with responsibilities or interests in governmental ethics, elections, campaign finance, lobby laws and freedom of information. Sumner has served as director of the Alabama Ethics Commission since 1997. His appointment came shortly after a major revision to the state’s ethics laws, and Sumner is credited for his leadership in implementing those revisions. During his tenure, he has played a critical role in further overhauling Alabama’s ethics laws through the enactment of numerous pieces of legislation, including the granting of subpoena power to the Ethics Commission, mandates for ethics training, prohibiting public officials from holding two or more taxpayer-funded jobs, tightening lobbyist expenditures and expanding the availability of documents online. In his endorsement letter for Sumner, former

Alabama Governor Bob Riley (2003–11) stated, “Reform would not have been possible without Jim Sumner!” Previous recipients of the COGEL Award include President Jimmy Carter, Senator John McCain, Common Cause President Fred Wertheimer, premiere government relations lawyer Kenneth Gross and former director of the Ohio Ethics Commission David Freel. CL

Jim Summer, center, receives the COGEL award from president Greg Essensa, left, and Greg Butrus, Balch & Bingham.

Law School Hosts Tournament of Champions Cumberland School of Law hosted the National Institute for Trial Advocacy Tournament of Champions Oct. 31–Nov. 3, 2013. The premier trial competition invites student advocates from the top 16 trial advocacy law schools in the nation based on each school’s three-year performance at trial competitions. This year’s competitors were Baylor University, Duquesne University, Georgetown University, ITT Chicago—Kent, Loyola Marymount University (LMU|LA), Stetson University, Suffolk University, Syracuse University, Temple University, University of California—Berkeley, University of Denver, University of Kentucky, University of Maryland, University of Notre Dame and Washington University in St. Louis.

Cumberland School of Law won the tournament in 2011 and placed fifth in 2012. Michael Rasmussen ’76 served as tournament director. He has been an advocacy coach at Cumberland School of Law for 26 years. Program assistant Tracy Luke helped organize the tournament with the assistance of staff members Lynda Reynolds and Jeff Whitcomb. Andrew Nist ’14, Clark Cary ’14 and Genevieve Turner ’14, members of Cumberland School of Law’s Trial Advocacy Board, also made significant contributions. More than 150 judges/evaluators volunteered their time to assist with the competition. This year’s competition was connected to the 50th anniversary of the Civil Rights Movement and the bombing of 16th Street Baptist Church in Birmingham. Students tried a case patterned on the church bombing, and competition rounds were held at the Jefferson County Civil Courthouse. On the opening night of the program, participants and coaches toured 16th Street Baptist Church and the Birmingham Civil Rights Institute. The next night, G. Doug Jones ’79, who was the lead prosecutor in the cases that led to the convictions of the 16th Street Baptist Church bombers, gave a presentation about trying the case. In addition to Jones, several Cumberland School of Law alumni played prominent roles in the original church bombing cases. Judge James “Jim” Garrett ’71 presided over the trials to universal praise. John Robbins ’87 and David Simpson ’96 were defense lawyers. Rising third-year law students Kendall Lee, Jessica Brookshire, Matt Woodam and Robert “Clayton” Cain represented Cumberland School of Law in the competition. CL 35

Awards Trial Teams Sweep AAJ Regional Tournament, Bring Compelling Display to National Rounds A team from Samford University’s Cumberland School of Law took first place in the regional component of the American Association for Justice [AAJ] Student Trial Advocacy Competition March 20–23 in Atlanta, Ga. This year, as in 2012, 2011 and 2008, it was an all-Cumberland School of Law final as two teams swept first and second place. The win came just days after the school was ranked sixth in the nation for its trial advocacy program in U.S. News & World Report’s 2015 Best Grad Schools. Rising third-year students Rushton G. Thrift (Seneca, S.C.), Spenser H. Templeton (Gadsden, Ala.), Matthew D. Woodham (Montevallo, Ala.) and John R. Spade (Austin, Texas) took top honors and advanced to the national quarterfinals April 10–13 in Santa Monica, Calif. They defeated Faulkner University, University of Georgia—Athens and University of Alabama in the preliminary rounds, and Georgia State University in the semifinal. Second place went to Rebecca Hall ’14 (Huntsville, Ala.), Carl C. Williams ’14 (Murray, Ky.), Benjamin D. Odendahl ’14 (Huntsville, Ala.) and rising third-year student Jessica D. Brookshire (Snellville, Ga.). There are 14 regions of the AAJ Student Trial Advocacy Competition, and 16 teams compete in each region. Law schools may send two teams, but only the top team from each region advances to the national competition. AAJ’s mock trial cases are always civil cases and tend to deal with products liability, personal injury or medical malpractice/negligence issues. Teams are judged on their skills in case preparation, opening statements, use of facts, examination of lay and expert witnesses, and closing arguments. Cumberland School of Law was the national AAJ competition champion in 2012, 2008, 2000, 1987 and 1984, and placed second in

2009. In 2012, 2011, 2010, 2009, 2008, 2007, 2005, 2004, as well as nine more times dating back to 1982, it won the regional competition. Michael Rasmussen ’76, a 26-year advocacy coach at the law school with four national titles, coached both teams. He was a federal prosecutor in the U.S. attorney’s office, where he prosecuted white-collar criminals for nearly 30 years. “Not only winning the AAJ regional, but having two Cumberland teams face each other in the final round, speaks volumes about the school’s dedication to teaching superior lawyering skills,” said Thrift. Thrift said he entered law school with an interest in construction law. After taking first place in the school’s unique intramural Williams Freshman Competition during the spring 2013 semester, he remains open to explore different practice areas. “The trial team coaches bring years of real-world courtroom experience to teach us not only the rules of the courtroom, but also how to advocate effectively,” Thrift said. At nationals in the Santa Monica, Cumberland School of Law beat Case Western Reserve University and Syracuse University in the preliminary rounds. In the third preliminary, the University of Maryland won by a narrow margin. Cumberland School of Law continued to the quarterfinals but was knocked out by Syracuse. “Cumberland should be very proud of this team since they are all second-year students who went toe-to-toe against more seasoned opponents,” said Rasmussen. Cumberland School of Law finished eighth in the nation of 220 teams. CL

Left: The law school’s two teams include, from left, front row, Spenser Templeton, Jessica Brookshire, Mike Rasmussen (coach), Rebecca Hall and Matt Woodham; back row, John Spade, Benjamin Odendahl, Rush Thrift and Carl Williams. Above: John Spade, far right, conducts a direct examination of Spenser Templeton, on the witness stand, during the final preliminary round against Maryland, while Rush Thrift, cocounsel, sits at the table in the Superior Court of California County of Los Angeles Santa Monica Courthouse.

Team Wins National Civil Trial Competition Last fall, law students Alex McFall ’14 (Jefferson City, Tenn.), Blake Milner ’14 (Birmingham), Jackson Neal ’14 (Birmingham) and Genevieve Turner ’14 (Knoxville, Tenn.) won the three-day National Civil Trial Competition [NCTC] in Los Angeles, Calif., Nov. 8–10. The NCTC is hosted by Loyola Law School of Los Angeles, which invites 16 of the nation’s top trial advocacy teams. The Cumberland School of Law team swept three preliminary rounds with wins over Stetson University, Syracuse University and Baylor University. The semifinal round, presided over by Judge Beverly Reid O’Connell, U.S. District Court, Central District of California, brought a victory over University of Akron School of Law. The team clinched the final round, presided over by Judge Jay Gandhi, U.S. District Court, Central District of California, against University of the Pacific’s McGeorge School of Law. “The teams we faced were polished, professional and absolutely fantastic,” said Turner. “I am so proud to be a part of a team that accomplishes its goals.” Turner was the 2013–14 chief judge of Cumberland School of Law’s student-run Trial Advocacy Board. Last year’s team, which included McFall, Milner and Turner, placed third overall at the NCTC. Chambers Waller ’13 received the com petition’s 2012 Professionalism and Ethical Lawyering Award. He is now with the law firm Carr Allison. Judge James H. Roberts ’94, Alabama 6th Judicial Circuit, and Sara Williams ’06 with the law firm Alexander Shunnarah Injury Lawyers, coached the team. “These students not only demonstrated extraordinary trial skills during this competition, but they represented our school in a most professional manner,” said Roberts. In March 2014, the team took second place at the South Texas College of Law Mock Trial Challenge [STMC] in Houston March 27–30. Milner received the Top Advocate in the Preliminary Rounds Award, and McFall received the Best Advocate in the Final Round Award, taking home a pair of spurs. Bains Fleming ’07 of Norman, Wood, Kendrick & Turner, and Ross Massey ’11 of Gaines, Gault, Hendrix, P.C., coached the team in the spring.

From left, Susan Poehls, Loyola Law School’s director of trial advocacy programs, presents trophies to Alex McFall, Jackson Neal, Genevieve Turner and Blake Milner. Photo by Kim Fox, Loyola Law School “Winning an award recognizing individual advocacy is really a testament to how Cumberland School of Law teaches trial skills,” said Milner. “This award recognizes the efforts of the trial coaches, my teammates, and the many guest judges who have helped prepared the team over the past two years.” McFall said her coaches and teammates are the best advocates she knows. “I’m proud of this award because I won it for advocating. Anyone can memorize a script; I won my award for being off-script,” she said. In the preliminary rounds, Cumberland School of Law defeated Nova Southeastern University, Fordham University, University of Georgia, George Mason University, Faulkner University and University of South Carolina. After beating Georgia State University in the semifinal round, Cumberland School of Law continued to the championship against Georgia, narrowly missing first place by a 4-2 vote. Thirty teams competed overall. CL

Negotiation Team Places Second at ABA Regional Competition Cumberland School of Law’s negotiation teams placed second and fifth at the American Bar Association [ABA] regional competition Nov. 9, 2013, in Louisville, Ky. April Jackson MacLennan ’14 and Jonathan “Ricky” Coates ’14 won second place. They were coached by Brian Turner ’95 of Middle Mediation. Rising third-year student Adam McKinney and William “Carter” Montgomery ’14 placed fifth, missing the finals by a quarter of a point. Professors LaJuana Davis and Henry Strickland helped coach the teams. The regional competition included teams from the University of Arkansas, the University of Kentucky, the University of Mississippi, the University of Missouri, Northern Kentucky University, Tulane University and Washington (St. Louis) University, among others. Tulane won the competition. On Feb. 8, 2014, the top 24 teams in the country continued to the ABA National Negotiation Competition held in conjunction with the ABA’s midyear meeting in Chicago, Ill. MacLennan and Coates negotiated with teams from the University of Oregon and Washington and Lee University law schools on their way to earning a spot in the national semifinals. They did an outstanding job negotiating with a team from Northwestern University in the semifinals but did not advance to the finals. “We are very excited to have done well at the ABA National

From left, Carter Montgomery, April MacLennan, Ricky Coates and Adam McKinney Negotiation Competition,” said Coates. “Our success at nationals speaks to the quality of Cumberland School of Law’s Trial Advocacy and Alternative Dispute Resolution programs.” Coates credits Turner, Strickland and Professor Wendy Greene for their input and advice. “April and I are extremely grateful for their support, and we are very proud to have represented Cumberland School of Law at the national level,” Coats said. CL 37

Meet New Alumni President

Mary Ann Etzler Mary Ann Etzler ’95 is a partner at the law firm of Miller Etzler, P.L., Orlando, Fla. Since July 2001, she has been a plaintiff and defense litigator with a focus on commercial, general business, real estate, lender and banking issues, construction, and environmental law, as well as related collection, contract and insurance disputes. She is licensed to practice in federal and state court. Her areas of practice involve all aspects of trial, mediation and arbitration. In addition, she serves as a Guardian ad Litem for abused, abandoned and neglected children and is a Certified Circuit Civil Mediator. Before entering private practice, Etzler served almost five years as an assistant state attorney for the 9th Judicial Circuit, Orange/Osceola Counties, Fla. She has been an adjunct professor for the University of Phoenix and for the Orange County Police Academy at Valencia Community College, both in Orlando. She is also a retired police sergeant for St. Petersburg, Fla.

Etzler’s memberships include the American Bar Association, American Association for Justice, Orange County Bar (Editing Committee, 2000; mediator 1998, 1999 and 2008), Central Florida Association for Women Lawyers (past president, 2009–10; director since 1999), Florida Bar Unlicensed Practice of Law Committee (former chair, 1998–2001) and Central Florida Association for Women Lawyers Mentoring Committee (cochair). She is a former director and past president of the Christian Service Center. She is a graduate of Leadership Orlando (1975) and Leadership St. Petersburg (1992). Etzler serves on the executive council of the Orange County Bar Association; George C. Young, Central Florida American Inn of Court Board; Careers Committee of the Commercial Real Estate Women, Orlando Chapter; and as a mentor to two young women lawyers. She is past director for the Florida Association for Women Lawyers, and presently serves as a presenter and moderator for the Orange County Bar’s national award–winning leadership law program. Etzler earned her B.S. degree from the University of South Florida and her J.D. degree from Cumberland School of Law. She was named the law school’s 2010 Young Alumna of the Year. She and her husband have two sons, ages 8 and 11. Etzler enjoys spending time with her family, sports, working out, gardening, and relaxing at the beach or theme parks. CL

New January Mini-term Teaches Core Competencies: Interviewing, Counseling and Negotiation Over the last few years, Cumberland School of Law surveyed alumni and conducted focus groups of alumni and practicing lawyers to identify the knowledge, skills and values essential to current law practice. Based on that information, the faculty adopted 11 core competencies that all graduates should possess, including interviewing, counseling and negotiation. The school has long offered electives and extracurricular programs that address these skills, but few if any U.S. law schools provide significant instruction because it is so labor intensive. To fill that gap, Judge John Carroll ’74 proposed a one-week mini-term in January for students to practice these key lawyering skills. More than 100 students and 40 volunteer adjunct instructors participated in one of two workshops in January 2014. Professors LaJuana Davis and Henry C. Strickland created, taught and organized the workshops. In Davis’ Interviewing and Counseling Workshop, students discussed confidentiality and fees with mock clients; practiced listening and attentiveness; and learned how to deliver bad news. Students in Strickland’s Negotiation Workshop learned how to prepare for a negotiation, plan a negotiation strategy and adapt to the strategies of other negotiators. They also discussed negotiation ethics. They conducted four full mock negotiations, and received feedback and instruction on each. 38

The key to the mini-term’s success was the adjunct instructors who volunteered to observe and instruct—alumni, licensed counselors, active mediators and judges. They did an extraordinary job, not only instructing students about the subject skills, but making students understand the connection between the skills and the interests of real-world clients. CL

from the

Director of Admission and Administration The Office of Admission is immensely grateful to our alumni all over the world for providing us with a seemingly never-ending supply of accomplishments and accolades to share with prospective students. Although your continued successes certainly make our job easier, we are currently facing an extremely competitive market in legal education, and we are looking for your involvement. We do our best to share all that makes Cumberland School of Law great with prospective students, but no one is in a better position to spread the word about the law school than you. As a member of our incredibly accomplished alumni base, you know firsthand what a superb, well-rounded legal education the law school offers to its students. You know about our accomplished faculty and dedicated staff, and the time and energy they exert to ensure students’ success. You are also aware of the school’s unwavering commitment to equipping students with the skills needed to practice law. The Office of Admission is working diligently to connect with and engage prospective students like never before. From personal phone calls to handwritten notes to personalized visits to the law school to one-on-one meetings with students at their undergraduate institutions—we are committed to attracting the most competitive and qualified students from around the country. As alumni, there are a variety of ways for you to aid us. Whether you volunteer to call a prospective student from your hometown, volunteer to write a letter to a prospective student interested in your area of practice, encourage a friend’s son or daughter to visit the law school, or have a fresh idea for a new recruiting strategy, we welcome your involvement and input. Help us spread the word about Cumberland School of Law. No one is better equipped to do so than you.

Ken England Director of Admission and Administration 205-726-2702, 1-800-888-7213 kwenglan@samford.edu Ken England joined the law school in 2012. He has a master of education degree and is completing his Ed.D. in higher education administration.

2013–14 Admission Ambassadors Admission ambassadors assist the Office of Law Admission throughout the year by giving law school tours, and corresponding with prospective and admitted students. They represent the school at law and graduate fairs, and assist with events such as Admitted Student Weekend and open houses. The 2013–14 ambassadors are, from left, Julien “Mitch” Relfe ’14 (Birmingham, Ala.), rising third-year student Ellise M. Washington (Fairfield, Ala.), Caitlyn A. White ’14 (Hopkinsville, Ky.), rising third-year student Lydia M. Wimberly (Mobile, Ala.) and Samuel “Sam” Weisgarber ’14 (New Philadelphia, Ohio).

LAW REUNION WEEKEND 2014

Alumni reminisce over a class composite.

Henry C. Strickland, center, chats with guests at Cumberland School of Law’s 2014 reunion weekend.

Members from the Class of 1999 include, from left, Wendy Tunstill, Grace (McLemore) Jeter, Janelle (Erickson) Dixon, Julie Love-Templeton, Patricia Gill and Talitha Bailey.

Members of the Class of 1974

From left, Rick Liebes, Greg Snell ’84, Candis McGowan ’86, Robert Smith ’84, A. Dawn Hayes ’84, Susan Rogers ’84, Chris Barkas ’84, Leslie Barineau ’84, LaBella Alvis ’84, Nancy Buchanan ’84 and Cindy Liebes ’84 celebrate at the reunion. Rising third-year law student Mary Margaret Bielby, center, enjoys time with her parents, Peggy ’84 and Lorence Bielby ’83. 40

MEMORIES | Classmates | LAW WEEK

Members of the Class of 1974 include, from left, Terry Pickren, Edward Holt and Stephen Whicker.

Members of the Class of 2009 include, from left, Alan Kirk, Allison Miller, Sheena Allen, Tim Cook and Erin Donohoe.

David Wininger ’64 celebrates his 50th reunion with his wife, Peggy.

Ricardo Woods ’04 and his family

At left, Tara and Mauricio Tamargo ’89 (Washington, D.C.), and Emily and Jeff McEvoy ’89 (Memphis, Tenn.) celebrate their 25th reunion.

Members of the Class of 1989 include, from left, Thomas Oliver, Jeffrey McEvoy, Ike Gulas, Carlos Payas, Timothy Barket and Mauricio Tamargo.

Todd Burkett ’99, left, and J. Mark Debro ’99

School News 2014 Fellows Class of the Birmingham Bar Foundation Congratulations to the following alumni who were honored as members of the 2014 Fellows Class of the Birmingham Bar Foundation. Fellows are recognized for their devotion to public service and the legal community and are nominated by previously selected fellows. The funds raised through the fellows program support charitable activities of a legal nature. Beverly P. Baker ’85 Houston L. Brown ’73 S. Greg Burge ’84 John L. Carroll ’74 Robert P. Mackenzie III ’84 Teresa G. Minor ’93 James R. Pratt ’78 Ted Stuckenschneider ’77 Allen Sydnor, Jr. ’81 Jere F. White, Jr. ’80 (honored posthumously) L. Stephen Wright, Jr. ’66

2013 Fellows of the Alabama Law Foundation Congratulations to the following alumni who were honored as 2013 Fellows of the Alabama Law Foundation. The Alabama Law Foundation is a charitable, tax-exempt organization composed of several separate programs, each providing ways for lawyers to better their profession and their communities. The foundation makes annual grants to organizations that provide free legal aid to the poor in civil cases, for projects that improve the administration of justice and for law-related education. G. Doug Jones ’79 Barnes F. Lovelace, Jr. ’83 Candis A. McGowan ’86 Sharon D. Stuart ’90

2014 Birmingham Luncheon The 2014 Birmingham Luncheon was held at the Birmingham Museum of Art. To kick off the final year of the “Pride. Promise. People.” capital campaign, keynote speakers Gov. Albert Brewer and Brad Bishop recollected how Cumberland School of Law has impacted them.

2013 Fellows of the Alabama Law Foundation

From left, Timothy Devereux, Michael Yaworsky, Jerrika Jones, Prof. Henry C. Strickland, Richard Fillmore, Leanne Cronic-Powell and Maury “Bert” Bray IV celebrate commencement in December 2013. William Miller and Shane Lanham, not pictured, also graduated in December.

On April 3, 2014, the law school hosted its annual Awards Day luncheon at the home of Samford University President and Mrs. Andrew Westmoreland to recognize students who have excelled in their academic pursuits. 42

Shakespeare Comes to Law School Cumberland School of Law’s Great Room was transformed into an Elizabethan-style theatre to host world-class performances of two Shakespearean plays Feb. 15. Students, faculty, friends of the law school, alumni and members and guests of the sponsoring law firm of Wallace, Jordan, Ratliff and Brandt attended the American Shakespeare Center’s performances of Othello and The Merry Wives of Windsor.

M.C.L. Celebrates 20th Anniversary The Master of Comparative Law program significantly enhances Cumberland School of Law’s international perspective. Over the past 20 years, our deans, professors and students have forged and strengthened intercontinental paths. Our connection to Brazil and its judiciary, in particular, grows each year. Many M.C.L. students and alumni are members of the Brazilian judiciary, and we now have more than 40 graduates of this program. We are planning a special anniversary celebration with alumni this fall.

Parham Williams Freshman Trial Competition Michael Stallings (Pensacola, Fla.) and Collin Hatcher (Marietta, Ga.) took first place over Amanda Herren (Mobile, Ala.) and Austin Nichols (Memphis, Tenn.) in the Parham Williams Trial Competition for first-year law students. The competition is named in honor of Parham Williams, dean from 1985 to 1996, and is the first opportunity for students to participate in a trial competition.

Collin Hatcher, left, and Michael Stallings

Desembargadora [Justice] Cristina Zucchi serves as an adjunct professor in the M.C.L. program and is heavily involved with student recruitment at Brazilian schools and courts.

Amanda Herren, left, and Austin Nichols 43

JERE F. WHITE, JR. TRIAL ADVOCACY INSTITUTE proceeds fund the Jere F. White, Jr., Fellows Program

Keynote Speaker: ESPN Basketball Analyst

Jay Bilas

Oct. 3, 2014 The Sheraton Hotel Birmingham, Ala.

6 CLE hours, including 1 ethics hour

Every attendee receives a copy of Bilasâ&#x20AC;&#x2122; book Toughness. Attendees may win two tickets to the 2014 SEC Championship Football Game, two tickets to the 2014 Iron Bowl Game and other prizes.

In memoriam Jere F. White, Jr. will long be recognized as one of the most outstanding lawyers in the country. More importantly, he will be remembered as a great person, friend and mentor. A graduate of the University of Georgia and Cumberland School of Law, White was a founding member of Lightfoot, Franklin & White, LLC, in Birmingham. He held himself and others to the highest standard of the practice of law. A thirdgeneration lawyer, he cherished his relationships with the Bench and lawyers on both sides of the Bar. White balanced his success as a lawyer with an even stronger devotion to his faith, family, friends and community. Prior to his death in 2011, White and his wife, Lyda, established the Jere F. White, Jr., Fellows Program at Cumberland School of Law. The program seeks to recruit outstanding students with strong academic credentials, a history of leadership and commitment to service, thereby promoting the development of lawyers who share the ideals that were so important to White.

Keynote Speaker ESPN broadcaster, attorney and best-selling author Jay Bilas is one of basketballâ&#x20AC;&#x2122;s strongest voices. Bilas graduated from Duke University with a degree in political science and from Duke Law School. He has been a litigation attorney with the Charlotte, N.C., firm of Moore & Van Allen, PLLC, since 1992.

Chason & Chason, P.C.

Redden, Mills, Clark & Shaw, LLP

Melton, Espy & Williams, P.C.

Program 7:45 a.m.

Registration and Continental Breakfast

8:25 a.m.

Introductions: Edward R. Jackson

Morning Session Moderator: Alan T. Rogers

Planning Chairs Samuel H. Franklin Robert P. Mackenzie Starnes Davis Florie, LLP Lightfoot, Franklin & White, LLC Birmingham, Alabama Birmingham, Alabama Harlan I. Prater IV Lightfoot, Franklin & White, LLC Birmingham, Alabama

8:30 a.m.

VOIR DIRE • When and How to Use Jury Research • Determining Which Jurors to Strike

Plaintiff Perspective, Randy H. Beard Defendant Perspective, Gaynor L. St. John

9:30 a.m.

Surprise Giveaway

Faculty

OPENING STATEMENT • Determining Your Goal in Opening • Establishing Your Theme

D. Leon Ashford Hare Wynn Newell & Newton, LLP Birmingham, Alabama

David H. Marsh Marsh Richard & Bryan, PC Birmingham, Alabama

Plaintiff Perspective, D. Leon Ashford Defendant Perspective, W. Michael Atchison

W. Michael Atchison Burr & Forman, LLP Birmingham, Alabama

Honorable Donna S. Pate 23rd Judicial Circuit Huntsville, Alabama

Walter W. Bates Starnes Davis Florie, LLP Birmingham, Alabama

C. Rufus Pennington III Carl Rufus Pennington III, PA Jacksonville Beach, Florida

Randy H. Beard Beard & Beard Guntersville, Alabama

Harlan I. Prater IV Lightfoot, Franklin & White, LLC Birmingham, Alabama

Jay S. Bilas Moore & Van Allen, PLLC Charlotte, North Carolina

Alan T. Rogers Balch & Bingham, LLP Birmingham, Alabama

Samuel H. Franklin Lightfoot, Franklin & White, LLC Birmingham, Alabama

Gaynor L. St. John St. John & St. John, LLC Cullman, Alabama

Honorable Callie V. S. Granade U.S. District Court, Southern District of Alabama Mobile, Alabama

S. Shay Samples Hare, Wynn, Newell & Newton Birmingham, Alabama

10:30 a.m. Networking and Refreshment Break 10:45 a.m.

HOW TO AVOID BECOMING “A MORE CLEVER DEVIL” • Ethical Traps and Solutions • The Slippery Slope of Good Versus Bad Conduct

Moderator: Randal H. Sellers C. Rufus Pennington III Chilton D. Varner Francis M. Wikstrom

11:45 a.m.

The Jere F. White, Jr., Fellows Program and Tribute to Jere F. White, Jr. Henry C. Strickland Samuel H. Franklin

12:05 p.m. Surprise Giveaway

LUNCHEON Invocation: Warren B. Lightfoot Introduction: Harlan I. Prater IV Keynote Speaker: Jay Bilas

1:10 p.m.

Networking and Refreshment Break

Afternoon Session Moderator: Anthony A. Joseph 1:25 p.m.

Drawing for 2014 Iron Bowl Tickets

WHAT JUDGES WANT FROM COURTROOM LAWYERS (AND WHY IT CAN’T ALWAYS BE DONE)

Moderator: M. Christian King Hon. Donna S. Pate Hon. Callie V. S. Granade Hon. Marc T. Treadwell Hon. R. Bernard Harwood, Jr. Walter W. Bates

2:25 p.m.

Networking and Refreshment Break

2:40 p.m.

CROSS-EXAMINATION • Start by Getting the Good Evidence • Decide How to Attack and Take Risks

Plaintiff Perspective, S. Shay Samples Defendant Perspective, Richard S. Jaffe

3:40 p.m.

CLOSING ARGUMENTS • Empowering the Jury to Find for Your Client • It Begins Long Before the Defense Rests

Plaintiff Perspective, David H. Marsh Defendant Perspective, Thomas H. Keene

4:40 p.m.

Drawing for 2014 SEC Championship Tickets

Adjourn

Honorable R. Bernard Harwood, Jr. Rosen Harwood, PA Tuscaloosa, Alabama Edward R. Jackson Jackson, Fikes, Hood & Brakefield Jasper, Alabama

Randal H. Sellers Starnes Davis Florie, LLP Birmingham, Alabama Dean Henry C. Strickland Cumberland School of Law Birmingham, Alabama

Richard S. Jaffe Jaffe & Drennan, PC Birmingham, Alabama

Honorable Marc T. Treadwell U.S. District Court, Middle District of Georgia Macon, Georgia

Anthony A. Joseph Maynard, Cooper & Gale PC Birmingham, Alabama

Chilton D. Varner King & Spalding, LLP Atlanta, Georgia

Thomas H. Keene Rushton, Stakely, Johnston & Garrett, PA Montgomery, Alabama

Francis M. Wikstrom Parsons, Behle & Latimer Salt Lake City, Utah

M. Christian King Lightfoot, Franklin & White, LLC Birmingham, Alabama Warren B. Lightfoot Lightfoot, Franklin & White, LLC Birmingham, Alabama

Jere F. White, Jr.,

Trial Advocacy Institute Birmingham, Ala. â&#x20AC;˘ Oct. 3, 2014 6 CLE hours, including 1 ethics hour

Presented by the Alabama State Committee of the American College of Trial Lawyers and Samford Universityâ&#x20AC;&#x2122;s Cumberland School of Law

In Memoriam The institute honors Jere F. White, Jr., a 1980 law graduate and founding member of the law firm Lightfoot, Franklin and White, LLC. Institute proceeds fund the Jere F. White, Jr., Fellows Program. Prior to his death in 2011, White and his wife, Lyda, established the Jere F. White, Jr., Fellows Program at Cumberland School of Law. The program seeks to recruit outstanding students with strong academic credentials, a history of leadership and commitment to service, thereby promoting the development of lawyers who share the ideals that were so important to White.

Proceeds fund the Jere F. White, Jr., Fellows Program. For more information, see page 44 or go to cumberland.samford.edu/cle 46