On the Map: Faculty and Alumni Make an Impact Across the Nation (Spring-Summer 2014)

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THE MAGAZINE OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL SCHOOL OF LAW

CAROLINA LAW

Alumni, update your contact info at www.law.unc.edu/alumni.

Save the dates!

MAY 15 Alumni Night at the Durham Bulls Game

JUNE 13 Alumni Luncheon at NCADA Annual Meeting, Hilton Head, S.C.

JUNE 17 Alumni Breakfast at NCAJ Annual Meeting, Wilmington

ON THE MAP making a difference

JUNE 20 Alumni Reception at the N.C. State Bar Meeting, Wilmington

AUGUST 20 New Student Orientation Alumni Community Welcome Event, Chapel Hill

SEPTEMBER 5 Alumni Association Golf Classic, Chapel Hill

SEPTEMBER 6 Bluegrass and BBQ, Chapel Hill founded in 1845

across the nation PAGE 18

VOLUME 38, ISSUE ONE

SPRING-SUMMER 2014

UNC Law Alumni Association Board of Directors

DEAN’S MESSAGE

Craig T. Lynch ’86, president Leslie C. Packer ’86, vice president Walter D. Fisher ‘86, second vice president John Charles Boger ’74, secretary-treasurer Harriett J. Smalls ’99, Law Foundation chair Marion A. Cowell Jr. ’64, past campaign chair John S. Willardson ’72, past president (2008-09) Norma R. Houston ’89, past president (2009-10) Ann Reed ’71, past president (2010-11) Robert A. Wicker ‘69, past president (2011-12) Thomas F. Taft ‘72, past president (2012-13)

Committee Chairs Campaign Committee, John Jernigan ‘67 Advancement Committee, Scott P. Vaughn ‘86 Long-Range Planning Committee, Marion A. Cowell Jr. ’64 Alumni Engagement Committee, Kelly Podger Smith ’02 Nominations Committee, Alice N. Mine ‘85

UNC Law Foundation Officers Harriett J. Smalls ’99, president and chair Edwin Jasper “Jack” Walker Jr. ’69, vice president and chair, audit committee John Charles Boger ’74, secretary-treasurer

UNC School of Law Office of Advancement Kris Jensen, associate dean for advancement T. Brandon Wright, assistant dean for advancement Louise Harris, regional director of advancement Dana Dubis, director of annual giving Susan McLean, director of alumni and donor relations Kelly Mann, alumni and donor relations coordinator Rory Moore, executive assistant Jamie Frampton, administrative assistant

STEVE EXUM

Executive Officers

Dear Friends: Last fall, Carolina Law highlighted students, faculty and alumni who are making daily contributions to communities and individuals all across North Carolina. By helping a nonprofit hunger relief corporation navigate its growth, assisting a community to create an economic development plan, and lobbying the General Assembly to preserve the Governor’s School program for gifted high school students, the generous actions of Carolina Law alumni, faculty, and students are building, year in and year out, a stronger, more inclusive and more prosperous North Carolina.

Yet as this spring’s issue will underscore, the influence of Carolina Law extends far beyond the borders of the Old North John Charles “Jack” Boger State. From the elegant offices of asset management firms in San Francisco to the handsome boardrooms of major corporate headquarters in Atlanta to the conference tables at the Securities and Exchange Commission in Washington, D.C., to partners’ offices high above the Manhattan harbor in New York’s finest corporate law firms, Carolina Law graduates are at home, welcomed, working hard.

Indeed, in every major city and center of power across the nation, and in unexpectedly remote and interesting settings, lawyers with Carolina blue diplomas on their walls are daily applying their strong analytical skills, first honed in Chapel Hill classrooms, to meet the needs of demanding clients and help shape the nation’s future. That transformative work is shouldered, in part, by our faculty, including a rising generation of younger scholars whose voices are reported in The Wall Street Journal and The New York Times, whose ideas help shape federal judicial decisions and whose presence is sought in committee rooms of Congress and federal agencies in Washington. On issues of banking law and finance, bankruptcy, civil rights, corporate and securities law, environmental policy, health care reform, intellectual property, international trade, media law, privacy, and tax policy, Carolina Law professors are playing important roles in ongoing national debates.

One of Carolina Law’s most distinctive features is the amplitude of its reach. Dedicated private lawyers and public servants extend their lives and their influence into hundreds of towns and small cities across North Carolina, from the Smoky Mountains to the Outer Banks. At the same time, the school propels hundreds of its graduates into meaningful careers across the United States and beyond. That is what truly great law schools do. What sets Carolina Law apart is an ongoing commitment to stay true both to its state mission, annually recruiting promising young North Carolina students from every background, and to educate highly competent graduates who aspire to become distinguished judges of federal circuits, manage major law firms, or advise key governmental agencies. We’re about that work every day here in Van Hecke-Wettach Hall.

Your strong financial support as alumni, your active participation in alumni affairs and your exceptional willingness to mentor and employ Carolina Law students and graduates are indispensable elements in making this continuing miracle possible. Thank you for your faithful support.

Sincerely,

UNC School of Law Office of Communications Allison Reid, assistant dean for communications Katherine Kershaw, communications manager

JOHN CHARLES “JACK” BOGER’74 Dean and Wade Edwards Distinguished Professor of Law

Student Bar Association J.M. Durnovich, 2013-2014 president

PUBLICATION Carolina Law is published twice per year by the Office of Communications at UNC School of Law. It is distributed to alumni and colleagues. Please update your information at www. law.unc.edu/alumni.

We continually seek content for publication. Please submit alumni class notes to law_alumni@unc.edu. Submit stories and press releases to law_news@unc.edu or Carolina Law editor, UNC School of Law, 160 Ridge Rd., CB #3380, Chapel Hill, NC 27599. For more information, call 919.962.5106.

12,500 copies of the magazine have been printed at a cost of $10,845.

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CAROLINA LAW Co-Editors ALLISON REID, KATHERINE KERSHAW Copyeditor CHRIS NELSON Contributing Writers JESSICA CLARKE, MICHELE LYNN, NANCY OATES AND MARK TOSCZAK Designer SARAH CHESNUTT Photographers JEREMY BALES, TODD BENNETT, STEVE EXUM, GARRETT HUBBARD, ALISON YIN, DONN YOUNG Research Assistant NEAL INMAN

CAROLINA LAW VOLUME 38, ISSUE ONE

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Faculty & Research

9

Center News

12

Alumni News

15

Donor Profile

28

Class Notes

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SPRING-SUMMER 2014

ALISON YIN

School News

CONTENTS

COVER STORY ON THE MAP 18

Faculty Books 34

Faculty and alumni make an impact across the nation.

Above: Deepa Damre ’00, managing director at BlackRock Inc. in San Francisco.

Cover photo by Steve Exum

Parting Shots

35 FACULTY & RESEARCH

MARK YOUR CALENDARS!

UNC Law Alumni Association Scholarship

GOLF CLASSIC

CENTER NEWS

12

Ted Shaw appointed director of UNC Center for Civil Rights.

LOOKING BACK

Friday, Sept. 5, 2014

9

Lau research finds support for same-sex marriage in Hong Kong.

26

Students learn legal history, critical thinking and research skills in Professor Al Brophy’s seminar.

VOICES

36

Richard E. Myers II ’98 shares how defending Wen Ho Lee made him a better prosecutor and teacher.

SCHOOL NEWS

CDO Program Helps Students Connect with Alumni IT’S ONE THING TO GET A JOB straight out of law school, but another thing to build a meaningful legal career.

UNC School of Law’s Career Development Office (CDO) has launched a program that pairs students with practicing attorneys to give them a head start on that career building.

“A lot of (our) career programs are necessarily geared to large audiences,” says Shawn McKenna, director of Edward Marshall ’02, chief counsel employer outreach. “This is an and compliance officer at Developing attempt to provide students World Markets, met with students as with an opportunity to really part of a new CDO program. have a one-on-one interaction with an attorney in a practice area that might interest them.”

A small group of students — typically 20 or fewer — gets a chance to have lunch with the attorney. Then, six students each have opportunities to spend 30 minutes one-on-one with the attorney after that, during which they can learn how that particular attorney’s career developed.

“We basically sell it to the students as an opportunity to listen to this person’s story and an opportunity to pick their brain,” McKenna says.

The school held three such sessions in the fall of 2013, and more are planned for the spring. The CDO will also experiment with doing a session via Skype.

Students who have participated say it gave them new insights into how they might build a career in a specialty area that interests them. Valerie M. Hughes 2L met with Richard Minor ’88. “He has a background in international tax, and that’s something that I’m interested in,” she says.

His experiences and career path helped her understand the differences between working at a firm and working in-house, and also helped her think about her career from a different perspective.

“It’s good to sort of take some time to think longer term about general career path opportunities,” she says.

McKenna says another of the benefits for students is a chance to start to build a network of legal contacts outside the law school.

In Hughes’ case, her contact with Minor has even led to an idea for a potential summer project on a particular area of tax law.

Participating attorneys say the program is a chance for them to reconnect to the School and connect to law students who are still figuring out what kind of career they want.

“One of the things that attracted me about this idea was to offer students a different perspective from someone who pursued a legal career in international law,” says Edward Marshall ’02, chief counsel and compliance officer at Developing World Markets.

Marshall said all of the students he met with followed up with him afterward, and in one case he was able to help connect a student with a law firm for a summer associate’s position.

“I was also impressed by their focus and the fact that they had carefully considered what their career interests might be,” Marshall says. “They knew the questions to ask and I think that will also help them get to where they want to be.”

—Mark Tosczak

Corporate Lawyers Gather at Dan K. Moore CLE Program in Ethics THE DAN K. MOORE PROGRAM IN ETHICS was held at the UNC Center for School Leadership Development on Oct. 4, 2013. The continuing legal education program is dedicated to the legacy of professional ethics left to us by the distinguished life and work of Dan K. Moore, former governor of North Carolina and 1929 graduate of UNC School of Law. The event addressed a variety of ethical issues of interest to corporate lawyers, both in-house counsel and attorneys in private practice. The topic was “The Changing Model of Legal Service Delivery in the ‘New Normal’.” The day offered: a discussion of the changing demographics of law firms and the implications for training new attorneys; an examination of expectations of in-house counsel regarding training of their own lawyers and expectations regarding lawyers from firms representing the organization; an exploration of new methods of legal services delivery, including the pricing and service structure; a presentation about Pangea3, the leading legal process outsourcer; a talk

by Dr. Barbara L. Fredrickson, Kenan Distinguished Professor 2

SPRING-SUMMER 2014

of Psychology and author of Positivity and Love 2.0, on how to reduce stress and enjoy life more; and a review of professional responsibility issues commonly faced by business lawyers.

Program panelists included two in-house counselors — Robert J. Johnson, general counsel for BB&T, and Fenita Morris-Shepard, litigation counsel for LabCorp. They were joined by David Goldman of McDermott Will & Emery; Edward C. Winslow III of Brooks, Pierce, McLendon, Humphrey & Leonard; Barbara L Fredrickson of the UNC-Chapel Hill Psychology Department; Greg McPolin of Pangea3; and UNC School of Law’s Bernard A. Burk. Burk, along with UNC’s Thomas Lee Hazen, Cary C. Boshamer Distinguished Professor of Law, and Lissa L. Broome, Wells Fargo Professor of Banking Law and director of the Center for Banking and Finance, were co-planners of this year’s program.

This program provided four hours of ethics/professional responsibility continuing legal education credit, and was aimed specifically at lawyers who regularly advise corporate clients.

UNC Hosts Fourth Circuit Court of Appeals

DONN YOUNG

UNC SCHOOL OF LAW hosted a panel of judges from the United States Court of Appeals for the Fourth Circuit on Sept. 20. The judges heard oral arguments in two cases in the law school’s Graham Kenan Courtroom. Students and faculty were invited to join the audience, and crowds overflowed into an adjacent classroom, where proceedings were telecast via closed circuit. After the proceedings, the judges and clerks took questions from the audience and held a session for students about the operations of the Court.

“Few of our students get to observe cases at this level,” says Dean John Charles “Jack” Boger ’74.

“The Court’s presence provided a wonderful learning opportunity for our students. We are very grateful to have hosted the proceedings in Van Hecke-Wettach Hall and hope the Court might be open to holding court here https:// vimeo.com/ again in the future.”

79202794 The day’s events ended with a reception honoring former law school dean and Judge J. Dickson Phillips Jr. ’48 at the Carolina Inn. At the event, Judge J. Harvie Wilkinson, current judge on the Fourth Circuit, interviewed Judge Phillips about the inner workings Judge J. Harvie Wilkinson interviews Judge J. Dickson Phillips Jr. ’48 about his of the Court and his contributions to Fourth Circuit contributions to Fourth Circuit jurisprudence. jurisprudence.

IT’S ONE THING TO CREATE VISUAL ART. It’s a different matter to protect original artwork by copyright law. And the nuances of originality that are common in contemporary art further complicate the issue.

The resulting conflict between art and copyright may never be resolved, but the issue has been illuminated in a paper, “Copyright’s Identity Crisis in the Reflection of Contemporary Art,” written by UNC School of Law student Lauren Harkey 3L. The paper won first place in the 2013 student writing competition sponsored by the Lawyers’ Committee for Cultural Heritage Preservation.

The paper, written for Harkey’s independent study with Laura N. Gasaway, Paul B. Eaton Distinguished Professor of Law Emeritus, examines the tension between art and the law and discusses whether the conflict can be resolved.

“It is a great feeling to receive recognition in an area of law that I really enjoy and one that allows me to utilize my art history background,” says Harkey, who has a master’s degree in modern and contemporary art from the University of Glasgow.

The 30-page paper expanded on some of the theory that Harkey learned in her master’s courses.

The UNC School of Law independent study was essentially a continuation of the art law class that Harkey took with Gasaway, who encouraged her to submit the paper for the competition.

ROBERT CAMPELL

Harkey 3L Wins Writing Competition for Paper on Copyright and Art Copyright law focuses on issues of autonomous creativity, originality and what exactly constitutes art. But contemporary art practices — such as using everyday objects in artwork — complicate the law’s essence.

“Postmodern and contemporary art practices unhinge the central components that determine copyright’s legal protection.

Lauren Harkey 3L The resulting crisis is copyright law’s inability to protect many current visual art practices. The paper discusses the incompatible ideologies behind copyright law and contemporary art, and the resulting tension between art and the law through an analysis of the statutory requirements of authorship, originality and fixation,” Harkey says.

“The paper concludes with a discussion of how to address, if at all, this conflict that unsteadies the core of copyright law.”

As with art and copyright law, the originality of Harkey’s subject and concepts was a key criterion in the competition’s judging. The panel also assessed the quality of analysis and persuasion, ability to think critically and citation of authorities. The award carries a $1,000 prize.

Harkey says she may consider pursuing art law after she gains experience in general practice.

—Jessica Clark CAROLINA LAW

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SCHOOL NEWS

A Shared Community: Spotlight on the Hispanic/Latino Law Students’ Association MEMBERS OF Carolina Law’s Hispanic/Latino Law Students’ Association (HLLSA) participated in a naturalization clinic hosted by the National Association of Latino Elected and Appointed Officials and the N.C. Advocates for Justice last October. The clinic was part of a nationwide campaign called “Ya Es Hora,” which focused on helping immigrants register to vote.

In February and March, HLLSA members worked as interpreters and translators at the UNC School of Law Volunteer Tax Assistance clinic, so the group could open up its free tax preparation service to Spanish speakers.

These are just a couple of the outreach activities that keep HLLSA members busy even after they are done studying for the day.

“My passion for the community and culture inspired me to join and then ultimately become president of HLLSA,” says Leslie Puzo 2L, who is from Miami but spent much of her childhood in the Dominican Republic. “And that same passion inspired me to help share the culture with the rest of UNC School of Law.” The mission of HLLSA, which was founded in 1997, is to promote a sense of community within the Latino student population at Carolina Law. As part of that mission, organization members develop educational, social and political programs that enhance the education of the Carolina population as a whole.

In addition to pro bono work this spring, HLLSA members also participated in networking and academic extracurricular activities. The group sponsored a team to travel to the Uvaldo Herrera National Moot Court Competition March 19-22 in Orlando, Fla. The group raised money for the trip in part by bringing a little Latin spice to the lunch hour at Carolina Law — they sold Chilean empanadas, rice and beans, while playing salsa music.

A major focus of the group is to serve as a resource and support system for Hispanic and Latino students during their time in law school.

“To me HLLSA means a sense of togetherness,” says Cassandra Capote 2L, who came to UNC from Miami. “In a foreign school and a foreign state, HLLSA is a link to home and family while providing a close-knit support group. HLLSA provides information, friends and Members of HLLSA’s 2013-2014 executive board, from left, Catherine Perez 2L, Gabby Johnson 2L, Leslie help to those who want it.”

Puzo 2L, Andrea Solorzano 2L, Cassandra Capote 2L, Leah Arnold 2L and Emily Rojas 3L.

Public Interest Summer Grant Program Expands for 2014 Each year the Carolina Public Interest Law Organization (C-PILO) awards summer grants to students who take unpaid or low-paying public interest or public sector jobs. Since 2008, both C-PILO fundraising and generous private endowments devoted to summer internships have been supplemented by funding from the School of Law administration.

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In an email to law school students in mid-February, Dean John Charles “Jack” Boger ’74 announced a significant one-time increase in public interest grant funds for summer 2014 internships. “In recognition of the importance of such work experience and of the continuing tight market for paid summer internships in

2014, we are happy to announce that the law school is able to nearly double the funding available for our Summer Grant Program this year,” Boger said in his announcement.

In 2013, the grant program awarded more than $292,000 to 85 first- and second-year students. In 2014, the award

NEAL INMAN

Members of the 2013-2014 board of the North Carolina Journal of International Law, with panelists from the symposium in January.

North Carolina Journal of International Law and Commercial Regulation Hosts Symposium on International Security WHILE IT HAS BEEN MORE THAN A DECADE since the United States declared a “Global War on Terrorism,” the legal, military and diplomatic consequences of this conflict are still being explored and debated. New struggles nearly unimaginable a decade ago, such as the use of cyber warfare as a tool for both state and non-state actors, continue to emerge as pressing issues for policymakers.

The North Carolina Journal of International Law and Commercial Regulation (ILJ) explored these issues in-depth at its 2014 annual symposium, “Navigating the Fog of War: Emerging Issues in the Law of Armed Conflict and International Security,” held at the William and Ida Friday Center for Continuing Education on Jan. 31. The daylong event focused on the continuing legal challenges and issues that face American and international attorneys and policymakers in the struggle against global terrorism.

Around 70 law students, professors, undergraduate ROTC members, military attorneys and other legal practitioners attended the symposium, which featured speakers and panel discussions from around the country. Speakers included Professor Eric Talbot Jensen of the J. Reuben Clark Law School at Brigham Young University and Professor David H. Schanzer of the Duke University Sanford School of Public Policy. Panelists included professors from Carolina Law and other law schools, current and retired

amount will be increased to $500,000, which could benefit more than 160 students. As part of this year’s expanded grant program, the maximum award to each student will be increased from $3,000 to $3,500 and will include, for the first time, grants to support certain judicial internships.

“UNC School of Law has historically offered one of the most comprehensive support programs for summer public interest work,” Boger said of the

military officers, and the International Red Cross.

“Each speaker brought novel ideas to their respective panels and contributed to an engaging discourse on emerging issues in the law of armed conflict and international security,” says Sarah Colwell 3L, who organized the event as symposium editor for ILJ. “The speakers challenged one another and were challenged by questions from attendees, which in turn allowed us to delve deeper into the dynamics and to gain a better understanding of points of conflicting perspectives on our subtopics,” Colwell says.

Discussion topics included the future of the law of armed conflict, understanding terrorism through a criminal paradigm, prosecuting terrorism, and cyber warfare.

“I thought they put together an amazing list of panelists who covered technology-related issues, policy-related issues, and very practical views of what is happening at Guantanamo,” says Richard E. Myers II ’98, associate dean for student affairs and Henry Brandis Professor of Law at UNC School of Law. Myers spoke at the symposium on his experiences as both the prosecution and defense in handling confidential information.

“It was a credit to the students and a credit to the help they got from Professor [Scott] Silliman, who helped recruit some of those folks, that they were able to recruit the level of panelists that they had,” Myers says.

grants, which, in addition to supporting

to enter an increasingly competitive

public sector and public interest positions,

job market.”

also pay students who serve as faculty

Learn more about the summer grant

research assistants or as interns for one of

program at www.law.unc.edu/career/public/

the school’s centers. “This year’s expansion

summergrants.

of the program underlines our commitment to ensure that Carolina Law students leave our hallways confident and well-prepared CAROLINA LAW

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SCHOOL NEWS

Trial and Moot Court Teams Enjoy Success at Competitions

Negotiation Team Has Historic Performance at ABA Regional Competition

The UNC Broun National Trial Team co-hosted, with North Carolina Central University School of Law, the Texas Young Lawyers Association (TYLA) Regional Mock Trial Competition Feb. 7-9 at the Durham County Justice Center. UNC sent two teams of 2L students to compete: the team of Samera Beshir, Hailey Bunce and Veronika Sykorova, and the team of Dave Fitzgerald, Michelle Markham and Jonathan Williams.

Fitzgerald, Markham and Williams advanced to the final round of competition, in which four teams vied for two slots at the finals. Based on scoring, with very close ballots, they tied for third in the region among 26 teams, just missing out on advancing.

ROBERT CAMPELL

BROUN NATIONAL TRIAL TEAM HOSTS TEXAS YOUNG LAWYERS ASSOCIATION REGIONALS

UNC SCHOOL OF LAW’S Holderness Moot Court American Bar Association (ABA) Negotiation Team had its strongest showing in many years at the ABA Regional Negotiation Competition Nov. 2-3 at Emory University School of Law. Team members included 3Ls Esther T. Earbin, Michael R. Frongello, Michael B. Shapiro and Alexandra E. Suarez. In the preliminary rounds, Earbin and Shapiro ranked third out of 22 teams. They narrowly missed winning an invitation to the national competition in the semifinal round.

“Our team did well, especially considering how UNC’s negotiation team has done historically,” says team coach Aaron Harmon, clinical assistant professor of law and member of the Writing and Learning Resources Center. “We are more competitive now with the recent changes to the Holderness program, including tryouts in the first year of law school and a more comprehensive skills training program.”

Harmon works closely with the negotiation team to provide resources and tips, and the team practiced two to three times a week leading up to the competition. The students’ hard work paid off, according to Harmon. “Our institutional memory doesn’t go too far back, but this could very well be the best negotiation competition performance that UNC has ever had.”

“We had a really strong negotiation team this year,” Earbin says. “I’ve worked with very few groups that communicated as well as we did. We strategized, practiced and focused on doing our best. The UNC team stood out overall because we established a good relationship with all of our competitors. This allowed us to go into each competition as colleagues, not adversaries, trying to get the best outcome for our ‘client.’ It was great Esther T. Earbin 3L preparation for a career as an attorney.”

“ The UNC team stood out overall because we established a good relationship with all of our competitors. This allowed us to go into each competition as colleagues, not adversaries, trying to get the best outcome for our ‘client.’”

— ESTHER T. EARBIN 3L 6

SPRING-SUMMER 2014

2L Client Counseling Team Wins Regionals Broun National Trial Team Edged Out in Final Round of Competition

MARK WEIDEMAIER

THE UNC BROUN NATIONAL TRIAL TEAM (BNTT) hosted its annual Kilpatrick Townsend 1L Mock Trial Competition Jan. 16-19 at UNC School of Law. This year, 48 teams signed up to compete, more than any previous year. The UNC team, consisting of 1Ls Michael Cohen, Taylor Goodnight, Eric Hinderliter and Joseph Shuford, advanced to the final round to face a team from Duke in a unique spin on a classic rivalry.

The hallmark of the competition, sponsored by Kilpatrick Townsend & Stockton LLP, is that only 1Ls are permitted to compete and the teams are prohibited from having individual coaches. Trial Team faculty advisor Richard Myers II ’98, associate dean for student affairs and Henry Brandis Professor of Law, offered the UNC teams two group training sessions on various trial elements. Otherwise, the trial preparation is conducted independently.

Attorneys Justin Howard ’03, Richard Botwright ’04, and Chad Hansen ’04 presided over the final round. The team from Duke edged out UNC to become the 2014 Kilpatrick champions.

This is the first time in several years that a team from UNC advanced to the final round. “The 2014 Kilpatrick Townsend 1L Mock Trial Competition was one of the most successful in recent memory,” says Scott Holder 3L, BNTT vice president.

“This is because of the hard work and tremendous skills displayed by all of the 1L participants.”

THE UNC SCHOOL OF LAW 2L Client Counseling Moot Court Team, consisting of Katie Varner and Teresa Heath, won the American Bar Association’s (ABA) Regional Client Counseling Competition held Feb. 8 at UNC School of Law. As regional champions, Varner 2L Client Counseling Moot Court and Heath will advance to participants, from left, Britney Peguese 2L, the ABA’s National Client Laura Kastner 2L, Teresa Heath 2L, Katie Counseling Competition.

Varner 2L and Professor O.J. Salinas.

UNC was the only law school to advance two teams to the semifinals. The 2L team of Britney Peguese and Hannah Choe advanced to the semifinals of the competition. The success of the Client Counseling Moot Court teams marks the fourth time in four tournaments this year that UNC Law School’s Holderness Moot Court teams have advanced into elimination rounds.

“Congratulations to all of these competitors, and to 2Ls Kris Caudle and Laura Kastner who helped prepare both teams,” Donald Hornstein, Aubrey L. Brooks Professor of Law and Holderness Moot Court faculty advisor, said. “And of course a big thank you to their faculty coach, O.J. Salinas, to Demitra Sourlis 3L, the Holderness Associate Chief Justice in charge of organizing our School’s ABA Regional Finals, and to our many faculty who volunteered at the event. We heard nothing but compliments from competitors and attorney-judges about how well-run the tournament was.”

UNC School of Law hosted the 37th annual J. Braxton Craven Jr. Memorial Moot Court Competition Feb. 19-22. Teams made their appellate arguments to a panel of three federal circuit judges (center) comprised of The Honorable William L. Osteen Jr. ’87, U.S. District Court, Middle District of North Carolina; The Honorable Marjorie Rendell, U.S. Court of Appeals for the Third Circuit; and The Honorable Albert Diaz, U.S. Court of Appeals for the Fourth Circuit. The Craven Bench students, from left, Ashley Berger 2L, Julia Welch 2L, David Lambeth 3L, Hannah Tedder 2L,Samantha Thompson 3L, Nicole Daniels 2L, Matthew T. Henry 2L, Laura Kastner 2L, Kenneth Jennings 3L, Kaitlin Powers 3L, Christopher Dwight 2L, Cowden Rayburn 3L and Aldo Rodriguez 3L.

CAROLINA LAW

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SCHOOL NEWS

N.C. Law Review Hosts Symposium on Health Care Reform WHATEVER IMPACT THE PATIENT PROTECTION and Affordable Care Act ultimately may have on Americans, the legislation, also known as ObamaCare, won’t change one feature of health care that all patients, providers, regulators and payers face: the necessity to make decisions.

But the Affordable Care Act’s reforms will change the challenges inherent in making health care choices and increase the complexity involved.

The North Carolina Law Review’s 14th annual symposium, “Health Care Decisions in the New Era of Health Care Reform,” held at Kenan-Flagler Business School on Oct. 4, 2013, highlighted the challenges and possible solutions in making decisions as a result of the Affordable Care Act. About 125 students, scholars and local attorneys attended the symposium, which featured 10 panelists from around the country, including Dr. Anne Drapkin Lyerly, associate professor in the Department of Social Medicine at UNC School of Medicine. The attendees included representatives from UNC’s School of Public Health. Topics focused on decision-making related to patient health care, insurance coverage and cost, and regulatory issues, as well as broader implications for health law and policy.

“We had great attendance and very good presentations. Each panelist who presented is well-known in this field. Putting the scholars together in one room resulted in a great event,” says Laura Nawrocki Krcmaric 3L, who organized the symposium with Anna Hartzog Tison 3L. “The highlight of the symposium was allowing academics and practicing attorneys to engage in dialogue in an interdisciplinary event,” Krcmaric says. “Many of the panelists had both law and medical degrees, and they could fluently explain the medical and legal aspects of changes in decision-making.”

“A distinct highlight of the symposium was the interdisciplinary legal, medical, and public health perspectives offered by the speakers, which led to deeper exploration of key issues,” say Joan Krause and Richard Saver, faculty co-chairs of the symposium.

Panelists’ pieces will be published in the symposium edition of the Review in May 2014.

—Jessica Clarke

Pro Bono Winter Break Trip 2013 Twenty-one Carolina Law students logged 676 hours of pro bono service during a winter break trip to Cherokee, N.C. Students held a free civil legal clinic in Cherokee and worked with Pisgah Legal Services as health care navigators to help people sign up for health insurance.

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Pro Bono Launches New ‘Fall Breakthrough’ Event FORTY-SIX UNC SCHOOL OF LAW STUDENTS, mostly 1Ls, spent their fall break, Oct. 17-18, participating in a new project called “Fall Breakthrough.” The new program, launched by the student-run Pro Bono Program at UNC School of Law, engages students in pro bono work in central North Carolina and encourages them to think critically about unmet legal needs in the state of North Carolina.

Students worked with supervising attorneys from Legal Aid of North Carolina (LANC) offices in Durham, Pittsboro, Greensboro and Fayetteville. Through the Greensboro and Fayetteville Navigator Projects, some students assisted LANC in enrolling clients for health insurance within the healthcare exchanges that are being implemented as part of the Affordable Care Act reforms. Other students worked to expunge criminal records at an expungement clinic. Students also assisted at the LANC Domestic Violence Clinic to help complete domestic violence cases.

All of the projects provided students with meaningful opportunities to develop their interaction skills through actual client contact.

“Participating in Fall Breakthrough was my first pro bono experience and by far one of the best ways to spend my long weekend,” Erin Ball 1L says. “Interacting with clients that truly needed all of our help was refreshing in the middle of the semester.”

“It was inspiring to see so many students, many of whom had never participated in pro bono before, choose to help meet unmet legal needs in Chapel Hill on their days off,” says Gabriel Kussin 2L, one of the team leaders for Fall Breakthrough and a 2L Class Coordinator for the UNC Pro Bono Program.

The event’s organizers were pleased with the level of student enthusiasm for the new project and hope to make it an annual tradition.

“It was very heartwarming to see the efforts of the Pro Bono Program so thoroughly welcomed by our students, our community partners and the clients,” Munashe Magarira 3L says.

FACULTY & RESEARCH

Lau Research Finds Support for Same-Sex Marriage in Hong Kong

W

hen the bus system in Hong Kong broadcast the results of his social science research study on its in-vehicle TVs, Holning Lau knew he had struck a chord. Lau, a comparative law professor at UNC School of Law, teamed up with the deputy director of the Centre for Comparative and Public Law at the University of Hong Kong to measure public opinion on same-sex marriage and couples’ rights. The results of the survey he helped design revealed strong support across Hong Kong for samesex couples to have rights that married couples enjoy: visiting their partner in the hospital when only family members are allowed, inheriting property without a will, and being allowed to sue if their partner suffers a wrongful death.

The news received broad coverage in both English- and Chinese-language press.

“This work is not confined to an ivory tower,” Lau says. “The findings of our report improve the public discourse in Hong Kong on gay and lesbian rights.”

Lau’s study showed that fully three-quarters of the public believes that same-sex couples should have at least some of the rights married couples have; a quarter of the public fully supports same-sex couples being allowed to marry, with another 12 percent leaning toward that sentiment.

“One reason we conducted this study was that all of the research in Hong Kong prior to our study focused on marriage rights, telling only part of the story,” Lau says. “As legal scholars, we knew a broader set of questions that could be asked. We decided to study public opinion on a broader set of rights.”

Other than a domestic violence law that extends to same-sex couples, Hong Kong has no legal recognition of gay unions.

Courts are not supposed to take public opinion into consideration in their constitutional rulings.

After all, the role of the courts is to uphold rights that majority opinion Holning Lau has attempted to quash.

However, lawmakers often are swayed by what their constituents think. Recently, the chair of Hong Kong’s Equal Opportunity Commission suggested that if Hong Kong was not yet ready for same-sex marriages, the government should consider compromise solutions such as civil unions.

“Hong Kong is similar to other parts of the world in that most same-sex couples would much prefer marriage over a compromise solution,” Lau says. “Marriage matters. But even without the label of marriage, compromise solutions would go a long way to protect couples’ rights.”

Lau travels to Hong Kong regularly. In the spring of 2012, during a pre-tenure leave from UNC, he was a visiting fellow in the Centre for Comparative and Public Law. There he connected with co-author Kelly Loper and completed the background work for the study. They later designed the study with survey methodologist Charles Lau from RTI International, a nonprofit research institute based in North Carolina. The University of Hong Kong’s Social Sciences Research Center conducted the telephone survey; 98 percent of the surveys were done in Cantonese and the others in English. A grant from the University of Hong Kong covered most of the cost of the study; Lau used his professional development allocation from UNC School of Law to fund the balance.

The Hong Kong government contends that same-sex marriage is highly controversial and points to the lack of majority support for legalizing such unions. Lau and his co-authors note that public opinion should not be the deciding factor; nevertheless, if the government intends to base legislation on public opinion, Lau’s survey shows public support for protecting same-sex couples’ rights through a compromise solution short of marriage.

The survey is part of a larger research project Lau is conducting on public opinion in Hong Kong about other sexual orientation matters. His telephone survey probed a number of issues and found that the number of gays and lesbians living openly has increased dramatically since 2005, the last time such a survey was done. He also discovered that contact with gays and lesbians is a strong predictor of people’s willingness to accept gay rights. In fact, the reason women and young people in Hong Kong are more supportive of gay rights seems to be linked to whether they are more likely to have contact with openly gay people.

“The implication for gay rights advocates is that the human element makes a difference.” —Nancy Oates

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FACULTY & RESEARCH

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“[She] has made life better for countless law students and academic success professionals. In so doing, she has enriched the legal community, not just regionally, but nationally.”

Ruth Ann McKinney

McKinney Wins AALS Award

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he Association of American Law Schools’ (AALS) Section on Academic Support Award was presented to Ruth Ann McKinney, clinical professor of law emeritus and former director of the Writing and Learning Resources Center at UNC School of Law, during the 2014 AALS meeting in New York Jan. 2-5.

The section award recognizes an individual who has made “significant or long-term contributions to the development of the field of law student academic support.”

According to one of the nominations for McKinney, “[She] has made life better for countless law students and academic success professionals. In so doing, she has enriched the legal community, not just regionally, but nationally.”

In the mid-1990s, McKinney’s book “Legal Research: A Practical Guide and Self-Instructional Workbook” was at the forefront of recognizing the connection between law student success and self-regulated learning. She is also widely recognized for her books, “Reading Like a Lawyer: Time-Saving Strategies for Reading Law Like an Expert” and “Core Grammar for Lawyers.”

“I know I speak for myself and many others in recognizing Ruth as one of the many ASP professionals who tirelessly mentor those just starting their careers in Academic Support,” said Louis N. Schulze Jr., professor of law and director of academic support at New England Law School and chair of the AALS Section on Academic Support.“Ruth’s dedication to supporting new colleagues is emblematic of the essence of our wonderful community.This award is truly well-deserved.”

Hornstein Participates in Campus Faculty Panel to Celebrate University Day

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onald T. Hornstein, Aubrey L. Brooks Professor of Law, was chosen as one of only a few select faculty members to participate in a panel discussion in celebration of University Day 2013. To showcase some of the people and programs making an impact on significant issues, both in North Carolina and around the globe, the University held three facultyled academic panels Oct. 11, the day before Carolina celebrated its 220th birthday and installed Carol L. Folt as its 11th chancellor.

Folt wanted to convene the panels to shine the spotlight on Carolina research and some of the faculty and students who make it possible.

Hornstein sat on a panel discussing global water issues. The campus-wide “Water in Our World” academic theme was launched in 2012 to inspire interdisciplinary research and spark new thinking around water issues. The panel discussion, moderated

by music professor Terry Rhodes, showed that the theme is accomplishing both.

“One thing about water is that it is notoriously fluid,” Hornstein said during the panel discussion. “It Donald Hornstein crosses conceptual boundaries, it crosses physical boundaries. It crosses international boundaries, presenting some of the most intractable problems across public policy and science that exist.”

Nichol Honored with UNC Faculty Award traveled the state with leaders of non-profits and church groups to bring public attention to areas of poverty in North Carolina.

“I consider the Thomas Jefferson Award to be one of the most prestigious awards that we as faculty can offer to one among us,” Conway said.

“To be ‘Jeffersonian’ is to be an individual with questing intellect, with public conscience, with a preference for action to Gene Nichol redress injustice. I am pleased that this year we recognize Professor Gene Nichol as an exemplar of those traits.”

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ene Nichol, Boyd Tinsley Distinguished Professor of Law and Director of the UNC Center on Poverty, Work and Opportunity, received the 2013 Thomas Jefferson Award from the UNC-Chapel Hill Faculty Council Oct. 1.

“Through his work with the center, and through his written and spoken public testimony, he has done more than any other academic figure in recent days to publicize the plight of the poor in North Carolina,” Patrick Conway, Bowman and Gordon Gray Professor of Economics, said at the ceremony.

The Thomas Jefferson Award was established in 1961 by the Robert Earll McConnell Foundation. It is presented annually to “that member of the academic community who through personal influence and performance of duty in teaching, writing, and scholarship has best exemplified the ideals and objectives of Thomas Jefferson.”

One of Nichol’s accomplishments cited for the award was his participation in the 2012 Truth and Hope Tour of Poverty. Nichol

Kennedy Leads U.S. Delegation at China Anti-Corruption Conference

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ow do you fight transnational corruption when norms and laws differ from one country to another? As nations across the globe focus more on anti-corruption initiatives, a conference in Beijing attended

by UNC School of Law professor Joseph Kennedy Joseph Kennedy convened criminal law scholars from around the world to discuss possible solutions. The conference was sponsored by the International Forum on Crime and Criminal Law in the Global Era and run by the China University of Political Science and Law in Beijing.

The October conference covered the range of legal doctrines that regulate and prohibit illicit transactions among business leaders and between businesses and governments. As the world’s biggest economies, the United States and China have much at stake.

“The U.S. has greatly expanded its efforts to crack down on bribery and other forms of corruption involving U.S. companies that operate overseas,” says Kennedy, who led the conference’s American delegation.

“The general understanding is that corruption has become endemic in China since the opening up of their economy. They want to crack down on corruption,” Kennedy says. “It would be easier for American companies to do business if China took a harder line against corruption.”

Forum participants discussed approaches, challenges and solutions to fighting corruption in their countries. Delegates from other Asian nations, as well as Canada, Europe and South America, attended.

U.S. delegates included Sam Buell of Duke Law School, Julie O’Sullivan of Georgetown Law Center and Andrew Spalding of the University of Richmond School of Law.Their papers, respectively, covered indirect and partial control of corruption, whistleblower programs and other private anti-corruption mechanisms, and exporting corruption through Chinese companies with business overseas.

Kennedy taught International Law and Intellectual Property at Northwest University in Xi’an, China, during the spring semester of 2012 on a Fulbright Lecture Award. His conference paper focused on China’s anti-corruption efforts. “The challenge in a society as economically dynamic as China is to grow anti-corruption norms in an evolutionary way,” he says. “Even low-level government officials are exposed to enormous bribes, and the corruption took hold when state-run enterprises transformed into private ones.”

One of his recommendations was for China to “consider an amnesty program to allow people who engaged in corruption in the past to come forward and start with a clean slate,” Kennedy says.

During the conference, a member of China’s Supreme People’s Court and chair of the court’s task force against corruption may have acknowledged Kennedy’s amnesty proposal.

The judge said that in China, “It might be necessary to take a different approach to past crimes, especially during the transition from state-owned to privately owned enterprises,” Kennedy notes.

At the conference’s conclusion, Kennedy helped revise a resolution distributed to Chinese media, scholars and government officials.

“The Chinese government clearly is trying to figure out ways to use laws to fight corruption, but differences in Chinese and Western approaches to law are profound,” Kennedy says. “Every time I go to China, I learn more about ways we can bridge that gap.”

—Jessica Clarke CAROLINA LAW

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CENTER NEWS

Shaw Appointed Director of Center for Civil Rights

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KATHERINE KERSHAW

heodore M. “Ted” Shaw will join UNC School of Law July 1, 2014, as the first Julius L. Chambers Distinguished Professor of Law and as director of the UNC Center for Civil Rights. The position had been open since founding director Julius L. Chambers, who died last year, stepped down in 2010.

The Julius L. Chambers Distinguished Professorship is supported by an endowment grant from the Z. Smith Reynolds Foundation.

Previously Shaw served as directorcounsel of the NAACP Legal Defense Fund (LDF), the legal arm of the civil rights movement founded by Thurgood Marshall, who later became an associate justice of the Supreme Court. Chambers was LDF’s third director; Shaw was the fifth, serving from 2004 to 2008. Shaw joined the LDF in 1982 to litigate school desegregation, voting and other civil rights cases.

Ted Shaw

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Shaw, a graduate of Wesleyan University and Columbia Law School, began his career as a trial attorney in the U.S. Department of Justice Civil Rights Division. He joined the LDF in 1982, litigating at the trial and appellate levels, including the Supreme Court, and established LDF’s Western Regional Office in Los Angeles. Shaw was counsel for African American students in the University of Michigan undergraduate affirmative action admissions case heard by the Supreme Court in 2003. He also played a key role in initiating the review of Michigan Law School’s admissions policies and served on committees that adopted the plan that was upheld by the U.S. Supreme Court.

UNC School of Law Dean Jack Boger ’74 says the challenge in selecting a successor to Chambers was to find someone who would serve as a full law faculty member while also bringing rich experience as director of a litigation and advocacy center.

“Most talented civil rights experts are classroom teachers and scholars or front-line advocates and litigators, but not both,” Boger says. “Ted Shaw excels in both areas.”

Shaw says he was drawn to UNC and to the State of North Carolina. “What happens in North Carolina is important. North Carolina is a bellwether state when it comes to civil rights. There’s work to do here.”

Over the years, Shaw has testified regularly before Congress and state legislatures.

His work has taken him to South Africa to train lawyers after the post-apartheid constitution came into being, and he has worked closely with the Roma community to achieve civil rights in Eastern Europe.

“I hope to continue to have an international presence and bring some of the people I’ve met in other parts of the world to visit with students and faculty at UNC,” Shaw says.

Civil rights issues often arise in the junction of poverty and race, and Shaw is looking forward to possible collaborations between UNC’s Center for Civil Rights and other social justice advocates at UNC and across the state.

“Ted knows everyone across the country in the civil rights field,” Boger says. “We’re thrilled to have the chance to work with someone so deeply experienced who is so humane and compassionate.”

Charles Daye, the deputy director for the Center for Civil Rights, is pleased to welcome Shaw to the center. “He knows the law, and the best strategies for advancing the law,” Daye says. “He steps into big shoes to fill, following Julius Chambers, but there’s not a better person to take on the challenge.” —Nancy Oates

CLEAR Hosts Earthjustice President Van Noppen ’80 Talk on Climate Change supporters to advance its mission of using the courts to protect the environment and people’s health. Before his time with Earthjustice,Van Noppen worked in a litigation practice emphasizing civil rights, employment, environmental and toxic tort cases, and directed the Southern Environmental Law Center’s Carolinas’ office. He is also a former member of the UNC Institute for the Environment Board of Visitors.

For a video from the event, visit http://bitly .com/1cdUkf0 or scan the QR code.

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nvironmental attorney and Earthjustice President Trip Van Noppen ’80 presented a talk, “Climate Change: Where Law and Politics Intersect,” at UNC School of Law November 25 to a capacity audience of more than 100 people.

Co-hosted by the UNC Center for Law, Environment, Adaptation and Resources (CLEAR) and UNC’s Institute for the Environment,Van Noppen discussed how to effect major change in federal environmental policy, the complex politics that are involved in effecting change, and how one person who wants to make a real difference can truly do so.

Van Noppen leads the internationally renowned Earthjustice staff, board and

Trip Van Noppen ’80

UNC Center for Civil Rights Represents Community Members in Halifax County Settlement

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n December 2013, the Halifax, N.C., Board of County Commissioners voted to approve a settlement with residents of the Brandy Creek community to resolve a lawsuit over a property tax increase based on a failed development effort.

Gary et al. v. Halifax County was scheduled to go to trial in January. The community was represented by the UNC Center for Civil Rights and Halifax County attorney Bettina Roberts-Flood.

“The settlement is a milestone in the residents’ struggle for justice following the failed plans to develop the Carolina Crossroads entertainment district and the Roanoke Rapids Theater in their neighborhood,” says Mark Dorosin ’94, UNC Center for Civil Rights managing attorney.

The case focused on the county’s 2007 property tax revaluation, which increased land values in Brandy Creek by an average of 800 percent and as much as 1,400 percent, while the rest of the county went up approximately 20 percent. The resulting

property tax bills created an intense hardship for residents, forcing many to forgo everyday expenses like groceries and medical care.

People who had retired went back to work, paychecks and bank accounts were garnished by the county, and several residents had to take out high-interest-rate loans to pay the tax bills and avoid losing their homes.

Carolina Crossroads was to be an entertainment district with multiple theaters, amusement parks, an aquarium, an RV campground, hotels and shopping. A country music theater failed quickly amid controversy and was later stabilized, but most other facilities never materialized.

Despite the entertainment district’s few successes, residents still live with the impact of the overall failure of Carolina Crossroads. A real estate company that bought several parcels in 2006 evicted tenants who had been living there for years, resulting in the loss of almost half of the neighborhood. Currently, that land remains vacant and overgrown.

The residents filed the lawsuit against Halifax County, Roanoke Rapids and Weldon City Schools, since all three local governments received a portion of the inflated property taxes. Roanoke Rapids and Weldon were later dismissed from the suit but signed an agreement with the county that each would be responsible for its proportionate share of any judgment or settlement. The settlement, which was made by the county to avoid future litigation expenses, totals $42,000; the city will be accountable to the county for approximately 42 percent of that amount and the school district for 12 percent.

Correction: In the Fall-Winter 2013 issue, the photo caption accompanying the Center for Civil Rights conference story on page 15 misidentified Ryan Haygood. Carolina Law apologizes for the error.

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CENTER NEWS

UNC Center for Media Law Hosts National Broadcast Media Chiefs for Hargrove Colloquium

ISABELLA BARTO

’74, dean of UNC School of Law, also participated in the event, which was open to the public.

“We were thrilled to Wade Hargrove ’65 speaks at the inaugural colloquium named in have David and Ben his honor. address a packed house at UNC’s Alumni Center,” David Ardia, co-director of the UNC casting & Cable Hall of Fame and the Center for Media Law and Policy, says.

National Academy of Television Arts and “This is a time of unprecedented change Sciences Management Hall of Fame. In for the television industry, and it was 2004, he was named Broadcasting & Cable fascinating to hear about the innovative Magazine’s Broadcaster of the Year, and projects they are launching. For the students under his leadership Hearst Television has in the audience, the message was clear: this won some of the industry’s most prestigious is an exciting time to be a journalist and a awards for news reporting. broadcaster.”

Sherwood is responsible for all aspects of Barrett is a member of the BroadABC News broadcasts, including “World News with Diane Sawyer,” “Nightline,” https:// “Good Morning America,” “20/20″ and vimeo.com/ 80821503 “This Week with George Stephanopoulos.”

Sherwood also oversees ABC News Radio, ABCNEWS.com, satellite service NewsOne and ABC News NOW. The UNC Center for Media Law and Policy’s annual colloquium is named in honor of Wade Hargrove ’65, a nationally recognized media lawyer and former chair of the UNC Board of Trustees. The colloquium was established and funded by various media companies and friends of Hargrove as a forum for discussion and debate on contemporary media issues.

Hargrove was the driving force behind the creation of the UNC Center for Media Law and Policy as a national forum for scholars, government officials and industry leaders to discuss emerging issues at the intersection of media and law.

ISABELLA BARTO

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earst Television Chair and CEO David Barrett and ABC News President Ben Sherwood discussed “The Future of Television News” Nov. 4, 2013, at UNC’s George Watts Hill Alumni Center. The discussion was part of the UNC Center for Media Law and Policy’s inaugural Wade H. Hargrove Communications Law and Policy Colloquium. The colloquium, which is to be an annual event, was covered

by C-SPAN, UNC-TV and ABC affiliate WXLV-TV of Greensboro, N.C. Barrett and Sherwood made brief opening remarks and then discussed the challenges and opportunities media companies face in this age of digital convergence.

Susan King, dean of the UNC School of Journalism, and John Charles “Jack” Boger

Carolina Law Dean Jack Boger ’74 gives closing remarks, with Ben Sherwood of ABC (left) and David Barrett of Hearst (right).

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ALUMNI NEWS PHOTOS BY DONN YOUNG

Catherine Long, Gayle and Jim Rivenbark ’63 and Sue and Sam Woodley ’63 at the annual Bluegrass and BBQ Tailgate party.

Members of the Class of 1983 celebrate their 30th reunion at Top of the Hill.

Scholarship Stewardship Luncheon

WILLIAM HORN BATTLE DINNER

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Allen Buansi 2L speaks to fellow students and donors at the annual Scholarship Stewardship Luncheon in January.

Witt Professionalism Dinner

Mike Robinson ’80 and Wynn Tanner at the Battle Dinner.

Mignon and Arthur DeBerry ’57 were recognized at the William Horn Battle Dinner in October for their documented gifts to the Kathrine R. Everett Society, UNC School of Law’s planned giving society.

Scott Tobin ’81 and The Honorable R. Allen Baddour Jr. ’97 discuss ethics with students at the annual Witt Professionalism Dinner.

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ALUMNI NEWS

Law Alumni Association Board of Directors 2014 New Members All Carolina Law alumni are members of the UNC Law Alumni Association.

The Alumni Association is governed by a board of directors consisting of representatives from 14 geographic regions within North Carolina, as well as members from various other states and metropolitan areas including Atlanta, Boston, Chicago, Los Angeles, New York and Washington, D.C.

The Law Alumni Association Board of Directors welcomed 14 new members in 2014: Holly Harris Alderman ’89 Chapel Hill, N.C. SCHELL BRAY PLLC

James Marvin Deal Jr. ’74 Boone, N.C. DEAL & MOSELEY & SMITH

Daniel Lyndon Deuterman ’91 Greensboro, N.C. DEUTERMAN LAW GROUP PA

Tom David Efird ’64

Greensboro, N.C. UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Henry Haywood Robbins ’04 Greenville, N.C. VIDANT HEALTH

Harriett J. Smalls ’99 Greensboro, N.C. MOSES H. CONE MEMORIAL HOSPITAL (LAW FOUNDATION CHAIR)

Gastonia, N.C. STANDARD DISTRIBUTORS INC (RETIRED)

Bruce V. Thomas ’81

Melanie Falco ’04

R. Scott Tobin ’81

Richmond, Va. MEADWESTVACO CORP.

Monmouth County FREEHOLD, N.J.

Blowing Rock, N.C. JOHNSTON TOBIN

Elizabeth Foley ’05

William O’Brien White Jr. ’74

Winston-Salem, N.C. BLANCO TACKABERY & MATAMOROS PA

Roanoke Rapids, N.C. WELLMAN WHITE & WILSON PLLC

John Donald Hawkins ’80

Michael Lee Wilson ’96

New York HUNTON & WILLIAMS LLP

Charlotte, N.C. JOHNSTON ALLISON & HORD PA

2014 Officers

Thomas F. Taft ‘72, Past President

Craig T. Lynch ‘86, President Charlotte, N.C. PARKER POE

Leslie C. Packer ‘86, Vice President Raleigh, N.C. ELLIS & WINTERS LLP

Walter D. Fisher ‘86, Second Vice President Charlotte, N.C. K & L GATES LLP

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The Honorable William Osteen Jr. ’87

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Greenville, N.C. TAFT TAFT & HAIGLER PA

Harriett J. Smalls ’99, Law Foundation Chair Greensboro, N.C. MOSES H. CONE MEMORIAL HOSPITAL

UNC School of Law Honors Distinguished Alumni The UNC School of Law honored three exceptional alumni among its annual distinguished alumni award winners for 2014. The annual Law Alumni Weekend Leadership and Awards Dinner was held April 10.

The Lifetime Achievement Award was presented to Irvin Hankins III ’75, partner and general counsel at Parker Poe in Charlotte, N.C. The Distinguished Alumni Award was presented to Barbara Weyher ’77, founding partner at Yates, McLamb and Weyher in Raleigh, N.C. The school also presented its Outstanding Recent Graduate Award to Lindsey Roberson ’07, assistant district attorney in New Hanover County, N.C. “We have many distinguished alumni, and it is a delight to recognize some of the finest during Law Alumni Weekend,” says John Charles “Jack” Boger ’74, dean and Wade Edwards Distinguished Professor of Law. “These three remarkable individuals represent the work and dedication of our more than 10,000 living alumni nationwide.”

Lifetime Achievement Award Recipient

Irvin “Hank” Hankins III ’75

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MARK STEELMAN, COURTESY OF WILMA MAGAZINE

ank Hankins has been with Parker Poe in Charlotte since finishing law school in 1975. He served as Parker Poe’s managing partner from 1986 to 2002. Since 2002, he has been the firm’s general counsel. Hankins has experience in state and federal courts representing a wide variety of clients, including public utilities, insurance companies, equipment manufacturing companies, chemical and textile companies, accounting firms and attorneys. Hankins has advised professional organizations regarding management issues, partnership structures, partnership disputes, and legal ethics. He is listed in Best Lawyers in America, 2003-2014.

Hankins has held numerous leadership positions in the Bar and the community, including North Carolina State Bar president, 2007-2008; chairman, Ethics Committee, 2003-2004; chairman, Authorized Practice Committee, 1999-2001; and council member, 1997-2005. He served as president of the UNC Law Alumni Association, 2004-2005, and as general counsel to the Charlotte Chamber of Commerce, 2002-2003. He served as an ABA House of Delegates member, 2008-2013; chairman of the North Carolina IOLTA Board of Trustees, 2011-2012; and Queens University of Charlotte Trustee, 2004-2012; and is now a Queens Trustee Emeriti. Hankins is an ABA Foundation Fellow and a member of the Disciplinary Hearing Commission of the North Carolina State Bar. He is an Elder at Selwyn Avenue Presbyterian Church in Charlotte; moderator of the Administrative Group of the Church Session; and is a member of the UNC-Chapel Hill Board of Visitors.

“Hank Hankins is a very worthy nominee for UNC School of Law’s [Lifetime Achievement] Award,” reads the nominating letter for Hankins. “He has been an outstanding representative of Carolina Law throughout his decorated career.”

Outstanding Recent Graduate Award Recipient

Lindsey Roberson ’07

Roberson has become “a passionate advocate for victims of sex trafficking,” according to the nominating letter for her award. Roberson helped draft and promote two pieces of legislation in North Carolina, including a law giving safe harbor to teenagers forced into prostitution and mandating tough penalties for traffickers.

In addition to her work in the New Hanover County court, Roberson teaches paralegals at Cape Fear Community College and trains volunteers who work with young female victims of human trafficking. In January she was named by the Wilmington Star-News one of “12 to Watch” in 2014.

Distinguished Alumni Award Recipient

Barbara B. “Bonnie” Weyher ’77

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fter beginning her career in a New York City law firm, Barbara B. “Bonnie” Weyher returned to North Carolina in 1979 to join the firm of Young, Moore, Henderson & Alvis in Raleigh, N.C. In 1983, she became one of the founding partners of Yates, McLamb & Weyher.

Weyher’s practice is primarily in the area of insurance coverage and professional liability. She has been a certified mediator since 1995 and has mediated or arbitrated hundreds of cases, including commercial and consumer claims, business disputes, product liability claims, medical malpractice claims, and general liability/ auto liability claims.

She is a member of the North Carolina Academy of Superior Court Mediators. Weyher is listed in Best Lawyers in America (2009-2013). She is also listed as one of the top 50 women lawyers in North Carolina Super Lawyers (2009-2013). She is a Fellow in the American Bar Foundation.

Weyher is a past president of the North Carolina State Bar (2009-2010). She currently serves on North Carolina State Bar’s Disciplinary Hearing Commission. She served as a councilor on the North Carolina State Bar (1998-2006) and is a member of the ABA House of Delegates. She chaired the Grievance Committee, Ethics Committee and the Authorized Practice of Law Committee and also served on the Executive Committee, Issues Committee and Publications Committee. Weyher served as chair of the Litigation Section of the North Carolina Bar Association (2005-2006).

She is a past president of the Wake County Bar Association (1997).

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pon graduation from UNC School of Law, Lindsey Roberson clerked for the U.S. District Court for the Eastern District of North Carolina for three years and then worked at New York law firm Skadden, Arps, Slate, Meagher & Flom. Since 2012, Roberson has served as assistant district attorney in the Office of the District Attorney of New Hanover County, in Wilmington, N.C. CAROLINA LAW

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Carolina Law Makes a Difference Across the Nation

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esearch by Carolina Law faculty members has thrust them into the national spotlight recently. Whether it’s Lissa Broome’s involvement in the dialogue on bank regulation, Victor Flatt working with the EPA on rising sea levels and implications for insurance, or Melissa Jacoby monitoring the fallout of Detroit’s bankruptcy, academics at UNC School of Law frequently make headlines for starting or contributing to discussions that affect how we live across the United States. And that attention benefits students as well, says Carolina Law Dean John Charles “Jack” Boger ’74.

From Silicon Valley to Yankee Stadium: Faculty Research Has Broad Impact

“Our faculty members are doing work that connects them with some of the most important issues in the country,” Boger says.

“It means our students learn from faculty who are interacting with the leading forces in business, commerce and law across the U.S. From the example of their professors’ outreach, our students learn they, too, can go as far geographically and substantively as their interests take them.”

“It’s remarkable, when you begin to catalogue faculty research, how many of our Carolina Law professors are involved in important issues that have deep impact on our state and nation,” Boger says.

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Boger’s work, as well, in righting educational inequalities in North Carolina through the Leandro case has positioned Chapel Hill as one of the handful of places around the country where those conversations have been most intense and sustained. Last fall, in the wake of the Supreme Court’s decision in Fisher v.

University of Texas, which left an ambiguous outcome on affirmative action, leaders from the NAACP Legal Defense Fund, the ACLU, the Lawyers’ Committee for Civil Rights and the Advancement Project all convened in Chapel Hill to discuss next steps.

A Multi-Billion-Dollar Tax Issue: Gregg Polsky on Disguised Dividends Will the IRS require private-equity-controlled portfolio companies to pay their legally owed share of taxes, collecting hundreds of millions to perhaps billions of taxes to add to the Treasury, even if it makes some firms angry? Gregg Polsky, UNC’s Willie Person Mangum Professor of Law, is waiting to find out.

Polsky’s research, culminating in a paper called “The Untold Story of Sun Capital: Disguised Dividends,” published in the Feb. 3, 2014, issue of Tax Notes, argues that private-equity firms routinely misclassify what should be dividends as compensation payments (known as “monitoring fees”).

Because compensation is deductible while dividends are not, this misclassification would cost the Treasury hundreds of millions, if not billions, of dollars of tax revenue each year.

“If the IRS agrees with me, privateequity-owned corporations will pay much more additional tax revenue to the Gregg Polsky Treasury,” Polsky says. “It’s a question of whether the IRS will enforce the law. I hope they take this on, because the practice is so open, obvious and abusive, it’s right there for them.”

On the same day it was published, Polsky’s article was profiled in a lengthy Wall Street Journal article. Widely read blogs like Naked Capitalism and The New York Times’ Dealbook responded favorably, as did Fortune.com’s Dan Primack, the leading journalist in the U.S. on private equity.

“People have different views about how much taxes people should pay, but they are universal in believing you should pay the taxes you legally owe,” Polsky says.

Portfolio companies pay monitoring fees to private-equity managers, purportedly as compensation for services, and deduct these fees, which lowers their tax bills. Polsky, after examining 229 large buyout deals involving a total of $3.9 billion in monitoring fees, concluded that nearly all monitoring fees were dividend-like payments because they were to be paid regardless of whether any CAROLINA LAW

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ON THE MAP work was performed and in proportion to shareholdings.

This is not the first time that Polsky has taken on the private equity industry. In 2009, he published an article on management fee waivers, which managers argue allow them to convert ordinary income into capital gains. Fee waivers received considerable attention during the 2012 presidential campaign after it was disclosed that Bain Capital, Mitt Romney’s former private-equity firm, had used management fee waivers to save more than $200 million in taxes. Recently, the IRS and Treasury put management fee waivers on its priority guidance list, which suggests that they might ultimately agree with Polsky that fee waivers are abusive.

Consistent, unequivocal enforcement by the IRS might quell the increasingly aggressive tax strategies many corporations take.

“Creative tax planning is part of a tax lawyer’s job,” Polsky says.

“Tax abuse is not.”

positions at eight companies over a three-year span. And California is unique in that it rarely enforces non-compete covenants.

“When we first suggested that acqui-hires were driven by the fear of lawsuits, people in Silicon Valley just laughed at us,” he says.

“We were told that nobody ever sues anybody in Silicon Valley.”

Coyle determined that the start-up engineers were “playing a multi-round game” to maintain good relations with investors.

“The entrepreneurs raise money from investors for a start-up, and if it doesn’t go well, they don’t want to jump ship if it means leaving their investors high and dry, because then the investors won’t want to fund them again,” he says. “If they keep their investors happy, they’ll maintain a good reputation and increase their chances of getting funding if they do another start-up.”

By being bought out in an acqui-hire, a company can repay its investors. The investors, lawyers, corporations and start-up companies work together in a non-adversarial ecosystem because they’re all “repeat players,” Coyle says.

“All the players do these deals over and over,” he says. “Everyone has the same goal, which is to get rich. There isn’t a zero-sum mentality, where every nickel I don’t get is a nickel that goes to my adversary. They don’t feel the need to fight fiercely about every single term.”

Acqui-hires have become a legitimate exit strategy for a start-up and have spread beyond Silicon Valley to places like North Carolina’s Research Triangle Park. Coyle brings up the topic when he teaches business associations.

“It underscores that lawyers can be creative,” he says. “I teach students the forms, but let them know that just knowing the law on the books isn’t always enough.”

Woo the Talent, or Buy the Business?

John Coyle on Acqui-hiring Why would a corporation that wants to hire a handful of good engineers buy the entire start-up company instead? UNC assistant law professor John Coyle, along with Polsky, went out to Silicon

STEVE EXUM

ted that “ When we first sugges by the fear acqui-hires were driven licon of lawsuits, people in Si us.”

Valley just laughed at

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Valley expecting to find that the practice of acqui-hiring — hiring talent by acquiring the whole company — was driven by a fear of lawsuits. What they found was a culture that valued social norms over legal rules.

They compiled what they learned from interviews with about 20 people from both sides of acqui-hiring transactions into an article, “Acqui-hiring,” published in the Duke Law Journal in November 2013. The rest of the world took note, and Coyle and Polsky found themselves quoted in major John Coyle news vehicles like The Wall Street Journal and The New York Times, and interviewed on National Public Radio.

Coyle, who teaches corporate law and international contracts, says he initially thought the acqui-hiring structure might stem from companies fearing they would be sued if they simply poached away the employees they wanted. But job-hopping is common among tech company employees. It’s not unusual to see a resume with

The Best Place to Get Fired: Jeff Hirsch Compares Employment Cases in the U.S. and Abroad After talking with lawyers from all over the world, Jeff Hirsch, UNC School of Law’s associate dean for academic affairs and the Geneva Yeargan Rand Distinguished Professor of Law, concluded that workers who are fired elsewhere in the world are not necessarily better off than employees fired in the U.S. His article “Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism” was published in North Carolina Law Review in February 2014.

The U.S.’s at-will default rule has drawn criticism from employees and business Jeff Hirsch owners alike. Workers object to the difficulty in bringing a discrimination case to court under an employment “at will” standard and also to its low win rates; whereas business owners complain that the awards are usurious when a fired employee wins a discrimination case, and that makes them less likely to fire someone or more likely to settle out of court.

In contrast, other countries in the world have some sort of specialized labor courts or administrative courts that fired workers can access easily and inexpensively, but they have statutory caps. It’s easier to bring a case to court and win in those countries, but the award damages are much lower than in the U.S.

“You hear over and over that the U.S. is completely different from the rest of the world,” Hirsch says. “But people haven’t been digging in to see how the laws are actually operating.”

So Hirsch and his co-author dug in. They interviewed labor and employment law practitioners around the world — because particularly in the U.S., “sometimes the law says one thing, but in practice, it operates a different way,” Hirsch says — and did other research online: “I learned the limits of Google Translator,” he says.

His results documented differences in the U.S. model and those of other countries, but they were more nuanced than many people thought. True, the U.S. model tends to favor high-income employees because they can receive high damage awards. Lowwage workers, unless they are part of a class-action suit, won’t gain much. And low-award cases won’t pay the bills for a legal practice, so lawyers are reluctant to take them on.

However, his research uncovered a middle ground. He discovered a state in the U.S. that operates under a model closer to those outside the U.S. Montana — “Not a state you’d imagine as a trailblazer in employment law,” Hirsch says — has a model that encourages arbitration. Although employees push strongly for “just cause” protection — easy access to courts while maintaining the state’s no-caps-on-damages provision — Hirsch is skeptical that combination will be adopted anytime soon. The Montana model reflects a potential middle ground that might have bipartisan support.

“Maybe it makes sense to expand the Montana model, or move to something closer to what the rest of the world is doing,” Hirsch says.

With a greater understanding of the differences between employment cases in the U.S. and the rest of the world, Hirsch takes a more comparative approach in the labor and employment law courses he teaches, helping students understand that the U.S. model isn’t the only way to do things.

“One of the differences between a good lawyer and a great lawyer is the ability to understand how your construction of a claim or statute will work with other laws and in other cases,” he says.

“Lawyers help change laws, so understanding how other countries practice law is also important from a public policy perspective.”

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Yankee Stadium: Patricia Bryan Questions the House That Taxpayers Built Should a St. Louis Cardinals fan in North Carolina have to help pay for the new Yankee Stadium? Patricia Bryan, Martha Brandis Professor of Law and a lifelong Cardinals fan, wondered that when she noticed the massive federal subsidy from tax-exempt bonds financing the stadium. Professional baseball and football teams have often taken advantage of this controversial subsidy, but the Yankee deal was structured in a way that could result in an increasing drain on the Treasury. Her article, “Building the New Yankee Stadium: Tax-Exempt Bonds and Other Subsidies for the Richest Team in Baseball,” was published in “The Cooperstown Symposium on Baseball and American Culture: 2011-12.”

When Yankee Stadium opened in 2009, public subsidies were estimated at $1.2 billion out of total cost of $2.3 billion. The Yankees justified the subsidies by promising

Patricia Bryan

“ Unless the law is keep depleting ourchanged, we’ll resources by helpingscarce national stadiums, and we build expensive enrich wealthy te ’ll continue to am owners.” that the stadium would promote economic development. According to research cited by Bryan, though, economists agree that contributions to sports facilities produce meager community-wide benefits, while wealthy team owners reap huge financial gains.

Much of the financial support for Yankee Stadium came from the city and state, but the federal tax exemption lowered costs by nearly $400 million. And, in a sleight-of-hand accounting move, the deal avoided the public scrutiny required for exemption.

The federal exemption is justified as encouraging projects that benefit the general public. For instance, a community might not want to pay for a bridge or airport open to more than just the locals. As an incentive, the federal government gives up tax revenue from interest paid on municipal financing bonds, and city and states save by paying lower tax-exempt interest rates.

When the project is used by a private business such as a sports team, the tax exemption is allowed only if the community agrees to repay the bonds with general tax revenues. The rule was intended to ensure that local citizens supported the project as the best use of collective funds. Some municipalities have raised money with new taxes falling mostly on the poor (such as lotteries) or on tourists (such as taxes on hotels and rental cars). Local taxpayers may not feel the burden of these taxes, but they give up potential sources of revenue that could pay for schools or police protection.

In the New York deal, though, local taxpayers didn’t have the chance to consider alternative ways to spend the money.

As other sports teams have done, the Yankees threatened to move to a different city unless they received public subsidies, including the federal exemption. Given severe budget shortfalls, though, local politicians feared that using general tax revenues would trigger opposition. They proposed a new idea: The Yankees would be excused from paying property taxes and would, instead, contribute payments-in-lieu-of-taxes, or PILOTs, to a separate trust account used only to repay the financing bonds. Since the money wasn’t reflected in the city’s budget, the public didn’t see it as available to avoid layoffs of teachers, police and firefighters.

The deal enabled officials to say publicly that the Yankees were paying for the stadium and yet argue to the IRS that general tax revenues would be used so that the bonds qualified as tax exempt.

Municipalities would oppose any tightening of federal oversight, and they wouldn’t want the feds telling them how to invest borrowed funds. But it’s expensive to allow local governments to offer the benefit of the federal exemption to privately owned sports teams.

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ON THE MAP “The cost of subsidizing stadiums may be relatively low for each taxpayer,” Bryan says, “but we should ask whether federal taxpayers benefit from the enormous federal subsidy. Unless the law is changed, we’ll keep depleting our scarce national resources by helping build expensive stadiums, and we’ll continue to enrich wealthy team owners.” —Nancy Oates

Carolina Law Alumni Make Their Mark Across the Country

U

NC School of Law is, undoubtedly, the state’s flagship law school, with nearly 6,700 alumni living and working in North Carolina. But the school also has alumni in all 50 states, as well as some foreign countries.

And the 4,000 or so alumni who live and work outside North Carolina are having as a big an impact on the law as those who remain in-state.

“They’re out there doing amazing things nationwide, but they got their start at UNC,” says Kris Jensen, associate dean for advancement at UNC School of Law. “When they do leave, they leave for significant opportunities.”

New York City, Washington, D.C., and Atlanta are major strongholds for Carolina Law alumni, but there are also pockets of UNC lawyers in Dallas, Houston, Nashville, Boston, San Francisco, Chicago and other large cities.

Those alumni are still connected to the school, and they form a strong network that stretches from Silicon Valley to Wall Street; from federal courthouses to corporate boardrooms.

The school coordinates alumni meetings across the country, and alumni often help provide opportunities for Carolina Law students seeking summer associate positions, first jobs and clerkships.

The alumni “really can make an impact for students when they want to look at an out-of-state opportunity,” Jensen says.

Four accomplished alumni whose careers reflect the breadth and depth of the legal profession demonstrate how robust a Carolina Law education is.

Earnhardt, who earned both his undergraduate degree and his J.D. at Carolina, is a partner at New York City-based Cravath, Swaine & Moore LLP. Like virtually all of that firm’s lawyers, he has learned to be a litigator through the firm’s distinctive training program, the Cravath System. It aims to “train our lawyers to be able to walk into any court in the country and do what the client needs,” Earnhardt says.

But he learned the fundamentals of legal practice in Chapel Hill, where he immersed himself in writing and advocacy courses.

“Carolina Law School really laid the foundation for everything I [do] now,” he says. “I tried to take the opportunity to develop practical skills.”

That included taking every writing course and every advocacy course he could fit into his schedule. He remembers arguing a mock appeal to three federal judges as part of N.C. Supreme Court Justice Mark Martin ’88’s intensive trial advocacy course, and laboring over briefs in Professor William “Bill” Marshall’s intensive independent study program.

“That really allowed me to hit the ground running when it came time to practice,” he says.

Earnhardt was a summer associate at Cravath and then immediately returned to the firm upon graduation.

Cravath is one of the nation’s oldest law firms, founded in New York in 1819. Its partners include a number of figures straight out of the history books, including President Lincoln’s secretary of state, William H. Seward, who is remembered for negotiating the purchase of Alaska from Russia, and John J. McCloy, who advised President Kennedy during the Cuban Missile Crisis and later served on the Warren Commission, investigating Kennedy’s assassination.

Cravath’s training program, where litigation associates are assigned to partners for 18 months to two years and work hand-in-hand with them before moving on to another partner, is designed to expose young lawyers to different ways of practicing law. It also creates a

From Chapel Hill to the Big Apple WES EARNHARDT ’04 Wes Earnhardt always aspired to be a litigator, to be the lawyer in the courtroom arguing for a client and winning over the judge or jury. Now, 10 years out of Carolina Law and a partner at one of the nation’s oldest and most-storied law firms, he does just that.

“I’ve wanted to be a courtroom lawyer since before I could remember,” he says. “I like the idea of helping clients when they really need it. … I like the chess match aspect of determining what is the best strategy.”

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JEREMY BALES

Cravath, Swaine & Moore LLP, New York City

Wes Earnhardt ’04 in New York City

ALISON YIN

culture of collegiality and mutual support.

Partners rely on associates to get work done, so they have a vested interest in the success of those young attorneys.

“Now that I’m a partner, I have a team of associates assigned to me,” he says. “Every partner has full incentive to truly train and make better the associates at the firm.”

That also means that associates can take on advanced work, if the partner supervising them believes the job will get done well.

“We don’t set any artificial barriers,” he says.

“I took probably a dozen depositions as a first year associate … I argued in court as an associate.”

Fortunately, he had a Carolina Law degree.

“One of the great things about Carolina, from my perspective, is that it armed me from the start with those types of practical skills that I could put to use the day I started at Cravath,” he says. “I had written briefs …

Deepa Damre ’00 in San Francisco and had those briefs critiqued by actual state and federal judges.”

In addition to complex, high profile business law and tax Big Business Counsel litigation, Earnhardt also spends part of his time handling pro bono cases — an important focus for all Cravath lawyers. He’s taken DEEPA DAMRE ’00 on landlords who didn’t adequately maintain buildings for their BlackRock Inc., San Francisco tenants, helped battered women get protective orders and win custody disputes, and done work for the Morgan Stanley Children’s When Deepa Damre started law school at Carolina in the late Hospital.

1990s, she knew she wanted to go into corporate law (she had Earnhardt, though he has no relationship to the racing family of already earned a bachelor’s degree in business at UNC). But she NASCAR fame, is a true Carolina native from small-town Denver, didn’t really know what that meant.

N.C. But his UNC law degree has given him an opportunity to “I’ve known I wanted to be a lawyer since ninth grade,” she says. take a different path.

“Big business, I just thought was kind of cool and exciting.”

“I really came to New York planning to go back to North Exactly how exciting she couldn’t have guessed, in ninth Carolina,” he says. But that’s changed. “Working at Cravath and grade or in law school. Damre is now managing director, legal living in New York City is just an incredible experience that’s and compliance, for BlackRock Inc., the world’s largest asset hooked me.” manager, with more than $4.3 trillion in assets under management.

It shows, he adds, that “going to law school at North Carolina She spends most of her time supporting the company’s iShares provides you an opportunity to go wherever you want to go.” exchange traded fund (ETF) business, which manages some $900 billion in assets globally. But her role touches several areas of business law, from securities regulations to intellectual property.

That means that her days can include 5 a.m. calls with colleagues overseas, discussions with federal securities regulators and meetings with BlackRock colleagues in the product, marketing or capital markets teams, among other things.

“I see myself very much as a business counselor,” she says.

Damre graduated Carolina at the peak of the dot-com boom, which helped her land a job at a San Francisco law firm whose clients included Internet start-ups, as well as larger more established businesses. She knew that she wanted to eventually become an in-house counsel, but went to the firm to get training and experience. “[We] had a great group of associates and partners,” she says. But —WES EARN HA seeing firsthand how draining that big-firm lifestyle could be, she R D T ‘0 4 listened when she started hearing about corporate jobs. That led to a job with Barclays Global Investors (BGI) in 2004, after four years of working as an associate at the law firm.

“ One of the great Carolina, from mythings about that it armed me perspective, is those types of pracfrom the start with could put to use thetical skills that I day I started at Cravath.”

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ON THE MAP Also, last year, she led the team in BlackRock’s legal and compliance division that was part of a company-wide effort to raise more than $1 million for the 49ers Foundation, which funds a variety of community service organizations.

Though she works with many attorneys who have Ivy League diplomas, she never regrets choosing Carolina.

“Carolina provided me an outstanding education and experience, and I would hope that people, if they go to Carolina, know they have opportunities anywhere.”

Top Prosecutor Takes on New Challenge MATTHEW MARTENS ’96

GARRETT HUBBARD

WilmerHale, Washington, D.C.

Matthew Martens ’96 in Washington, D.C.

“I chose BGI because I Ioved everybody I met,” she says. “The people were exciting, dynamic.”

And so was the company. In 2009, BGI was acquired by BlackRock.

Though companies like BlackRock are primarily regulated by the countries they operate in, changes in financial regulations around the world the last few years have made the business much more complex. Financial services firms now must comply with multiple regulatory schemes — and multiple regulators — across borders and across different products.

BlackRock wasn’t the first place Damre, a Wilmington, N.C., native, had been exposed to international business and law.

“I spent a semester of law school in the Netherlands, which was highly unusual,” she says. “I took international law courses and a lot of that was business focused and (European Union) focused.”

The study abroad experience was “an eye opener” for her perspective on the law, she says, and an opportunity to build friendships that persist to this day.

Another thing that persists is Damre’s involvement in other interests and activities, including community service. Though the corporate environment does not put as much emphasis on pro bono work as her time at a law firm, she still finds herself in the community applying her skills and experience to non-business matters.

“I’ve been involved in a variety of panels on career development, ranging from inner-city youth to adults seeking a career change,” she says. “I’m also helping a group of women in the financial services start a nonprofit aimed at ETFs.” That group aims to provide a forum for women working in the ETF industry or those women interested in entering the industry.

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Last summer, Matthew Martens ’96 was prosecuting the trial of a lifetime for the U.S. Securities and Exchange Commission (SEC). Banks of TV cameras awaited him every morning as he entered the courthouse. Every courtroom maneuver was picked over in the media.

And some of the most powerful people in the nation — from Wall Street to the White House — were watching the case.

“It was certainly a big case and there was a lot of pressure on our agency to win, but I never felt particularly stressed about it because I knew we were prepared,” Martens says.

It probably also helped that the Carolina Law graduate had more than a score of jury trials under his belt and had spent a decade as a federal prosecutor. Plus, Martens really likes litigation.

“I love doing trials,” he says. “Would I want to do it again? Yeah!”

But unlike the 2013 prosecution of former Goldman Sachs executive Fabrice “Fabulous Fab” Tourre, the next time Martens is in the courtroom he’ll be at the defense table.

After the Tourre trial ended — with a win for the government — Martens joined Washington, D.C., law firm WilmerHale as a partner defending clients faced with investigations or prosecutions by financial regulators or the U.S. Justice Department.

After law school and clerking for two federal judges, including a year as a clerk to Supreme Court Chief Justice William H. Rehnquist, he started his career as an associate in a New Jersey firm doing litigation. But a partner there — Michael Chertoff — was appointed to a top Justice Department post under President Bush and Martens followed him into government service.

It was an opportunity, he says, that might not have been available to him without his Carolina legal education. Not only did he get a high quality legal education, but he got it without having to take on big loans. That kind of debt, Martens says, can affect the career decisions young lawyers make.

“When the opportunity came to clerk, I didn’t have to think ‘Can I afford this?’” he says. “It allowed me to do things early in my career that I think were instrumental in developing as a lawyer.”

TODD BENNETT

Teresa Wynn Roseborough ’86 in Atlanta

Shortly after Martens got to the Justice Department, the terror attacks of September 11 occurred, and then the Enron scandal shook Wall Street. Martens, at the Justice Department and later the SEC, was tapped to take a leading role in tackling some of the biggest financial cases prosecutors have faced in decades.

But after more than a decade in a prosecutorial role, it was time for a change.

“In terms of what I enjoy the most, it’s defending people against government overreach,” he says. That may sound odd coming from a former federal prosecutor, but he adds, “I hope that mindset caused me to use good judgment as a prosecutor during the time I did that.”

Though he has spent more than a decade as a prosecutor, the challenge on the defense side is not that different. He’ll still need to explain complicated business issues in a simple, compelling way to jurors who may have little financial knowledge, with or without TV cameras watching his every move.

“I like the adversarial system,” he says. “I like the strategy and the combat of litigation.”

From Courtroom to Boardroom TERESA WYNN ROSEBOROUGH ’86 The Home Depot, Atlanta As general counsel for The Home Depot, the world’s largest home improvement retailer, Teresa Wynn Roseborough’s scope of practice is as broad and varied as the contents of a Home Depot store.

“Everything from Chinese corporate law to bankruptcy to vendor agreements to litigation to employment to environmental law … it’s hard to imagine an area of law we don’t touch,” she says.

That wide responsibility, as well as the opportunity to influence broadly how a large company operates, turned out to be irresistible to Roseborough when she joined Home Depot in Atlanta in 2011.

“It’s a great opportunity to visualize the impact of law from a high altitude,” she says.

Before The Home Depot, Roseborough had been a top corporate lawyer at insurance giant MetLife, and before that she had spent time as a litigator in private practice and in senior roles at the U.S. Department of Justice.

Litigators, Roseborough says, view the client through the lens of a single case or transaction. As a corporate lawyer, she’s responsible for what happens after the litigation is over — whatever the outcome — and even trying to prevent the next case from ever getting as far as a courtroom.

“The opportunity to stay engaged with the same set of clients, to really get to know them, to impact how they think, to help reason through issues and be involved in developing strategy,” she says, “is just a great opportunity and a great way to practice law.”

It’s a perspective and a position that she could never have anticipated when she entered Carolina Law in the 1980s.

“I wanted to be a great courtroom lawyer and I wanted to work with big issues,” she says. “I wanted to use law to make people’s lives and businesses and our country better.”

After law school, she clerked first for a federal appeals court judge and then for Supreme Court Justice John Paul Stevens, then went into private practice at Sutherland Asbill & Brennan LLP as a litigation associate.

After working on the Clinton transition team following the 1992 presidential election, she spent three years at the Justice Department, working with senior officials such as U.S. Attorney General Janet Reno and Assistant Attorney General Walter Dellinger.

She returned to private practice at Sutherland as a partner in 1996, and spent the next 10 years there before joining MetLife’s in-house legal team in 2006 as the company’s chief litigation counsel.

“I grew up with a father who was an actuary, so I was kind of attuned to the life insurance world,” she says. That exposure to the challenges and opportunities of being an in-house counsel eventually led to her position at Home Depot. “Being in house is great.”

Roseborough continues to learn. When she entered law school, she says, “I really was clueless about the scope of what lawyers did.”

Now, she knows that scope first-hand.

“I loved law school,” she says. “I’m a nerd enough that I have loved everything about being a lawyer.” —Mark Tosczak CAROLINA LAW

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LOOKING BACK

Property and Slavery in the Old South Students Learn Legal History, Critical Thinking and Research Skills in Brophy Seminar

BY NANCY E. OATES

N

ot until Jessica Thompson took Al Brophy’s seminar on “Property and Slavery in the Old South” did she learn about North Carolina Quaker slave owners. Thompson, in her third year of law school and a history and peace, war and defense double-major as an undergrad, had grown up near Greensboro, N.C., and was well familiar with Quaker history. But in Brophy’s seminar last fall, she learned how Quakers used a state law granting property rights to religious groups to undermine the legal infrastructure codifying the institution of slavery and allow their slaves to live in quasi-freedom.

The seminar gave her room to investigate the topic of Quaker manumissions, the act of a slave owner freeing his or her slaves, independently. Thompson traveled to Guilford College, where she read minutes of Quaker meetings, and the N.C. Archives in Raleigh, where she found handwritten trial records and affidavits from the early 1800s until the start of the Civil War in 1861. This semester, she’s polishing the paper she wrote for the seminar to ready it for publication.

Brophy, UNC’s Judge John J. Parker Distinguished Professor of Law, teaches property, legal history and trusts and estates. His book to be published this fall from Oxford University Press, “University, Court, and Slave,” explores how Southern academics and judges spoke a common language about slavery and economics. In his fall research-and-writing seminar, he inspired the 13 students in that class to delve into any number of aspects of applying the law to moral issues.

“The students grappled with timeless questions of the duty of obedience to law in the face of immorality,” Brophy says.

Brophy started the class off reading cases and literature on slavery and property. One Saturday night, he took the students to see the Oscar-winning film “12 Years a Slave.” He met with each student individually to come up with a workable topic, and he pointed them toward research resources. As the semester progressed, the students “workshopped” their papers, giving one another feedback. The range of topics impressed Brophy.

“I’ve been working in this area for decades,” he says, “and I learned a lot from every paper. They led me to see more of the range of responses of enslaved people and proslavery thinkers both.”

“This generation is interested in the nuances of racial interaction,” he adds. “As recently as when George Bush was president, we weren’t thinking about racial interaction in the same way we are now that Barack Obama is president. I see these changes reflected in student papers.”

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One student wrote about the prosecution of white women who had children with enslaved men. Another took on the topic of how judges used a minor Old Testament story, “the curse of Ham,” in which Noah dooms to slavery the people led by his son Ham, as a justification for enslaving Africans in America. Still another student researched instances of enslaved people being allowed to testify against white people in criminal prosecutions.

Chris Dwight, a second-year law student, ensconced himself in Wilson Library’s Rare Book Collection to read a meticulously preserved document, an address by Mississippi High Court Justice William L. Harris that proved to be the cornerstone for his paper.

Dwight reconstructed Harris’ seemingly straightforward application of the law — legal arguments ranging from the freedom of contract, to developing commercial capacity, to comity and testamentary freedom — that documented Harris’ evolution toward anti-Unionism.

“If the law could be mechanically applied in all instances, lawyers wouldn’t have jobs,” Dwight says. “There’s a creativity to law that’s alive and well today as it was then.”

Dwight emerged from the class with a stronger commitment to examining legal issues in a bigger context. After all, even the driest statute always affects someone’s life. The underlying assumptions of a law are crucial to its application. Simple changes of assumptions can lead to dangerous outcomes.

“I want readers to understand how ideas can snowball into a conflict that leaves 600,000 men dead,” he says. “You can’t pin the Civil War into one single causal factor. It was a thousand steps in one or another direction that eventually got you to a battlefield.

There has to be a hyper-awareness that our smallest actions can cause something extraordinarily tragic down the road.”

Second-year law student Heidi Rickes, who studied American political history at Davidson College as an undergraduate, went back to Davidson to read some of the literary addresses given there between 1838 and 1849. What people talked about in small, highly educated groups often reflected or preceded ideas talked about in society at large.

Rickes’ paper highlights an unusual but accurate method of studying history.

“I looked at history through this very small lens, which historians often have to do when primary sources are minimal,” Rickes says. “Yet the ideas in those speeches were indicative of the larger picture.”

DONN YOUNG

argued different aspects of whether the South should secede from the Union. Slavery, of course, was at the crux of most of those arguments.

The project was timeconsuming, Kleinman says, but paid off in making him a better writer as he learned to frame and contextualize his arguments. “That will help me, no matter what field of law I go into,” he says. “When you proffer an argument in court, you’re also contextualizing it in arguments that have been made in the past. Seeing that approach done well will help me be more creative in applying the law.”

His research showed how the sentiment of students in the mid-1800s solidified in pro-slavery, anti-Union beliefs.

Al Brophy and Ben Kleinman 3L research historical debate societies in the Wilson Library at UNC. Though it was uncomThe speeches given at Davidson probed perennial questions: fortable to acknowledge the darker side of UNC’s past, it also was What is your role in society? Is that role predetermined? Do important, especially so for lawyers who plan to practice in the South. certain members of society have duties to act in certain ways? Do “Anytime you’re working in a community, you need to underpeople in certain professions have a greater responsibility to act? stand the history of that community,” Kleinman says. “There’s a “We’ve been talking about race for generations,” she says. “It was relationship that existed before you began practicing law there, important in the 1800s, and still is today.” and understanding the history allows you to understand how a Rickes says that in the seminar Brophy encouraged students to community is responding to you.” think critically, and now when she reads secondary sources, she Rarely does a practicing lawyer do the kind of research that looks for the counterarguments before deciding what is true and the students did in Brophy’s seminar. Thompson says her research where she stands on an issue. “Not to be skeptical, but to look into Quaker manumissions and how the technology of law could critically,” she says. be used innovatively to circumvent laws that promoted morally Thinking critically is something that rules-based classes often reprehensible practices was worthwhile for understanding public don’t have the luxury to do, Rickes says. Traditional law school interest litigation and how law develops. The law doesn’t always classes concentrate on teaching the rules. “We generally don’t have encompass the greater good of society or reflect all of society’s time for a class discussion about whether we think the rule is good moral views. Her research showed one way that dissenters can use or not,” she says. the law to effect change.

Ben Kleinman, a third-year law student who is headed to “The judgments and decisions we make are not made in a the Air Force JAG Corps once he graduates, went to UNC’s vacuum,” she says. “Morality and history also will judge the Southern Historical Collection to transcribe handwritten papers decisions we make. It puts pressure on us to consider the morality of students in debating societies at UNC in the years leading up and the bigger picture whenever you make decisions as an attorney to the Civil War. The debates reflected the issues of the day; many or judge or in our own lives.”

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Donor Profile

DONOR PROFILE

BY MICHELE LYNN

WIKIPEDIA COMMONS

Sizeable Ford Foundation Grant Ensures Future of UNC Center for Civil Rights

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The center is unique in its approach. While most centers at academic institutions typically focus solely on research, the UNC Center for Civil Rights is actionoriented. With an emphasis on advocacy and litigation, it focuses on current issues in North Carolina and the South, and actively pursues civil rights through the courts.

The Ford Foundation Headquarters, located in New York City.

Mark Dorosin ’94, managing attorney of the With a mission of supporting “visionary center, says that the gift from Ford will help leaders and organizations on the frontlines the center continue its strategic litigation in of social change worldwide,” the Ford its two current active cases, one on school Foundation funds change agents throughout desegregation in Pitt County, N.C., and an the world. One of the recipients of the environmental justice case in Brunswick foundation’s largesse is the UNC Center County, N.C. “The center has a long and for Civil Rights, founded at UNC School continuing commitment to addressing of Law in 2001. This spring, the foundation school segregation and resegregation, made a generous grant of $300,000, payable and access to an equitable education for over two years, to the center. all students,” says Dorosin. “We hope to “Ford has a great commitment to human be able to dedicate some resources to rights and to civil rights and feels like the developing new legal strategies to address work our center is doing is vital in this the continuing racial isolation in schools region,” says Kris Jensen, associate dean for protected using the state constitution and advancement at the School of Law. “They the landmark Leandro case, which recogwere one of the first funders to give money nized that every student has the constituto the center over a decade ago and have tional right to a sound basic education.” consistently given us grants throughout the The Ford funding will also support years to keep the center moving forward.” additional voter education and engagement SPRING-SUMMER 2014

efforts around the changed election laws in North Carolina and the impact of the Supreme Court decision that narrowed the scope of the Voting Rights Act. In addition, the Ford support will enable the Center to expand upon a recently completed statewide empirical study, “The State of Exclusion: An Empirical Analysis of the Legacy of Segregated Communities in North Carolina.” Dorosin says that the next step is to look at available data on the scope and breadth of residential segregation in individual counties.

The center works closely with regional and national advocacy organizations, sharing ideas and collaborating. “The very generous support from Ford will enable us to not only continue and expand the work that we have been doing but to model and replicate it in other communities,” says Dorosin. “We hope to see this work have the broadest possible impact, which would mean expanding it across the state, across the South and potentially across the nation as well.”

The Ford funding will have a lasting impact on future generations. “The center has a deep commitment to training the next generation of civil rights lawyers,” says Dorosin. “In all the work funded by this grant, we will be certain to include law students, summer interns and fellows to try to fulfill that part of [former center director] Julius Chambers’ vision that this center would be not only a resource for communities across the state but also for young civil rights lawyers.”

CLASS NOTES 1961

1970

ROBERT M. CLAY of Young Moore and Henderson, P.A. in Raleigh, N.C.,was selected for inclusion to North Carolina Super Lawyers for 2014.

JAMES W. WILLIAMS of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for medical malpractice law – defendants and personal injury litigation – defendants and named a Best Lawyers’ 2014 Asheville personal injury litigation – defendants “Lawyer of the Year.”

Williams was also selected as a 2014 North Carolina Super Lawyer for personal injury defense – medical malpractice.

JOHN S. STEVENS of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 in corporate law and as a Best Lawyers’ 2014 Asheville corporate law “Lawyer of the Year.”

1963

Frank M. Bell Jr.

FRANK M. BELL JR., one of the founding directors of the Winston-Salem based law firm of Bell, Davis & Pitt, PA, was honored by the North Carolina Bar for passing his 50th year in the practice of law in the state.

1967 DAVID GARDNER FREY of Grand Rapids, Mich., was honored by the UNC Board of Trustees with the William Richardson Davie Award, the University’s highest honor.

Established in 1984, the Davie Award is named for the Revolutionary War hero who is considered the father of the University. It recognizes extraordinary service to the University or society.

1968 PENDER MCELROY of James, McElroy & Diehl, P.A. in Charlotte, N.C., was honored with the 2013 Distinguished Pro Bono Service Award at the second annual Pro Bono Awards in Charlotte, hosted by nonprofits Council for Children’s Rights, Legal Aid of North Carolina and Legal Services of Southern Piedmont.The Distinguished Pro Bono Service Award is a lifetime achievement honor recognizing an individual whose long-standing and exceptional dedication to pro bono legal service has made a significant impact on access to justice on the community and state level.

1969 JIM ALLISON of Johnston Allison & Hord PA was named the 2014 Charlotte Best Lawyers in America “Lawyer of the Year” in health care law.

SAMUEL O. SOUTHERN of Smith Moore Leatherwood in Raleigh, N.C., was appointed

by Governor Pat McCrory as chairman of the U.S.S. North Carolina Battleship Commission.

JOHN F. “BUZ” WINDHAM retired from the practice of law in December. After 38 years of litigation practice with Beggs & Lane in Pensacola, Fla.,Windham plans to devote more time to his family, church and charitable organizations.

1977

1971

WILLIAM P. DANIELL, of Young Moore and Henderson, P.A. in Raleigh, N.C., is a fellow of the American College of Trial Lawyers and was also selected for inclusion to North Carolina Super Lawyers of 2014.

J. MICHAEL BOOE joined Winston & Strawn LLP in Charlotte, N.C. as partner.

1978

1973

WILLIAM JOSEPH “JOE” AUSTIN JR. of Ward and Smith, P.A. in Raleigh, N.C. was selected for inclusion in the 2014 Best Lawyers in America in the practice areas of employment law – management; labor law – management; and workers’ compensation law – employers.

DAN M. HARTZOG, managing partner of Cranfill Sumner & Hartzog LLP in Raleigh, N.C., was recognized by Business North Carolina magazine as a member of its 2014 “legal elite” in the area of litigation. He has also been named a Fellow of the American College of Trial Lawyers.

JOHN W. MASON of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for trusts & estates law – litigation.

STEPHEN T. SMITH of McMillan & Smith, Raleigh, N.C., former chair of the N.C. Environmental Management Commission, received the Wake County Bar Association’s 2013 Joseph Branch Professional Award, the highest honor the Wake Bar bestows. Smith also received the Tar-Pamlico River Foundation’s 2013 Great Blue Heron Award for “outstanding long-term contributions to the protection of environmental quality in the Tar-Pamlico watershed.”

RICHARD L. VANORE of Carruthers & Roth, P.A. in Greensboro, N.C., was selected for inclusion in the 2014 North Carolina Super Lawyers list for the practice area of personal injury defense – medical malpractice law.

1974 STUART WILLIAMS of Henson & Efron, P.A. in Minneapolis, was elected by the Minnesota Board of Pharmacy as president for 2014 and was elected by the Minnesota Board of Nursing as vice-president for 2014.

1975 THE HONORABLE ELIZABETH KEEVER, chief District Court judge with the 12th Judicial District in Fayetteville, N.C., was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Public Official Award.

WALTER E. BROCK JR. of Young Moore & Henderson, P.A. in Raleigh, N.C., was selected for inclusion in the 2014 Business North Carolina “legal elite” and was also selected for inclusion to North Carolina Super Lawyers for 2014.

RICHARD A. SCHWARTZ was the lead attorney representing the Union County, N.C., Board of Education in a nine-week jury trial against the Union County Board of Commissioners, claiming inadequate school funding. The jury returned a verdict in excess of $91 million in favor of the Board of Education to properly fund the Union County Schools. It is the largest jury verdict in any North Carolina case in the last 14 years.

1979 MARC RUDOW of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for real estate law.

THE HONORABLE LINDA STEPHENS of the North Carolina Court of Appeals was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Public Official Award.

1980 DAVID NEAL ALLEN, of Hedrick Gardner in Raleigh, N.C., was selected for inclusion in 2014 North Carolina Super Lawyers in the category of civil litigation defense.

MARY PATRICIA “MP” AZEVEDO, previous deputy director of the FDIC’s Office of Complex Financial Institutions, joined PricewaterhouseCoopers LLP as a managing director in the firm’s financial services regulatory practice.

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CLASS NOTES MIKE L. ROBINSON is a candidate for the North Carolina Supreme Court after 33 years of practicing law in Winston-Salem.

SHERYL H. WILLIAMS of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for real estate law – litigation and as a Best Lawyers’ 2014 Asheville real estate law “Lawyer of the Year.”

1981 ANN ANDERSON, N.C. Dispute Resolution Commission Superior Court certified mediator in Pilot Mountain, N.C., was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Litigation Practitioner Award.

1983 VINCENT D. CHILDRESS JR. of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for corporate and health care law. Childress was also selected as a 2014 North Carolina Super Lawyer in business/corporate law.

J. SCOTT DILLON of Carruthers & Roth, P.A. in Greensboro, N.C., was selected for inclusion in the 2014 North Carolina Super Lawyers list for the practice area of business/corporate law.

1984

JACQUELINE R. CLARE of Raleigh, N.C., was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Litigation Practitioner Award.

WILLIAM “BILLY” CLARKE of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for environmental law – litigation and natural resources law. Clarke has been recognized since 2012 in Business North Carolina magazine’s “legal elite” Hall of Fame for environmental law.

Clarke was also selected as a 2014 North Carolina Super Lawyer in environmental law.

JEFF SCHARFF joined Katten Muchin Rosenman LLP as a partner in the firm’s expanded real estate practice and will be based in New York and Washington, D.C. 30

SPRING-SUMMER 2014

JUNE L. BASDEN of Carruthers & Roth, P.A. in Greensboro, N.C., was selected for inclusion in Business North Carolina’s “legal elite” for 2014 for the practice areas of bankruptcy law and business law.

HELEN MICHAEL, a partner at Kilpatrick Townsend & Stockton in Washington, D.C., was named 2013-2014 chair-elect of the Insurance Coverage Committee of the American Bar Association’s Tort,Trial and Insurance Practice Section (TIPS). Michael is co-leader of the firm’s insurance recovery team and serves on the firm’s executive committee and pro bono committee.

SUSAN E. HAUSER, associate professor of law at North Carolina Central University School of Law, was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Legal Scholar Award.

LESLIE C. PACKER was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Litigation Practitioner Award.

SUSAN RECTOR, partner at Ice Miller LLP, was recognized by Chambers USA for intellectual property. Rector represents companies in business transactions and in all aspects of intellectual property protection and ownership. She assists start-up and established businesses with commercializing technology and conducting business online. She has prosecuted more than 675 applications with the U.S.Trademark Office.

CHERYL DANIELS HOWELL, Albert Coates Professor of Public Law and Government with the UNC School of Government, was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Legal Scholar Award.

JONATHAN A. BERKELHAMMER joined Ellis & Winters LLP as a partner in the firm’s Greensboro, N.C., office.

is the author of a novel, BYRD (Dzanc Books, March 2014). Set in North Carolina and points west, BYRD is the fragmented family history of a child given up for adoption. Jill McCorkle says of the book, “Brilliant writing - lively and heartbreaking at every turn.” Ron Rash calls it “a riveting debut.” Church’s writing honors include fellowships from the North Carolina Arts Council. A former partner at Tharrington Smith in Raleigh, she now divides her time between writing and law.

1986

SUSAN STRAYHORN BARBOUR with McGuire, Wood & Bissette, P.A. in Asheville, N.C., was named to the 2014 Business North Carolina magazine’s “legal elite” list of the top lawyers in North Carolina.

1982

KIM CHURCH

ROB GELBLUM is now of counsel at The Law Offices of F. Bryan Brice Jr. in Raleigh, N.C. Gelblum previously spent 25 years as an environmental lawyer for the N.C. Department of Environment and Natural Resources, first in-house, then for 20 years in the North Carolina Attorney General’s Environmental Division.

Susan Strayhorn Barbour

ROBIN J. STINSON, a family law attorney with Bell, Davis & Pitt, P.A. in Winston-Salem, N.C., was named to the 2014 class of North Carolina’s “legal elite” by Business North Carolina magazine and to North Carolina’s Super Lawyers for 2014.

1985 DAVID J. BURGE, a partner in the real estate practice at Smith, Gambrell & Russell, LLP in Atlanta, was appointed a member of the board of voter registration and elections of Fulton County, Ga., and for a second five-year term as a member of the Georgia Real Estate Commission.

Mark Finkelstein

MARK FINKELSTEIN was elected president-elect of the 10th Judicial District of North Carolina. Finkelstein is a business law and litigation partner in the Raleigh office of Smith Moore Leatherwood LLP.

1987

JOSHUA N. ROSE joined Tully Rinckey PLLC as a senior associate, bringing with him over 25 years of experience representing employees. At the firm’s Washington, D.C., office, Rose will continue to help government workers understand their rights and find the best course of action to address virtually any aspect of federal employment and labor law.

C. THOMAS STEELE JR. of Wishart Norris Henninger & Pittman, P.A. in Burlington, N.C., received the District Award of Merit from Alamance District, Old North State Council, Boy Scouts of America.

1988 SHERROD BANKS with Banks Law Firm in Durham, N.C., is serving on the ABA governing committee on affordable housing and community development law.

ARTHUR J. DEBAUGH of Bell, Davis & Pitt, P.A. in Winston-Salem, N.C., was certified as a specialist in trademark law by the North Carolina State Bar Board of Legal Specialization. DeBaugh was also named to the 2014 class of North Carolina’s “legal elite” by Business North Carolina magazine.

ALLEN KINZER, a partner in the Columbus, Ohio, office of Vorys, Sater, Seymour and Pease LLP, was included on the 2014 Ohio Super Lawyers list.

1992

1989

BETH FROEHLING accepted the position of director of student life and pro bono opportunities at Campbell University School of Law in Raleigh, N.C.

ALEXANDRA “ALIX” DARROW, senior in-house counsel with ADP, Inc. in Chicago, is the 2014 president for the Chicago Chapter of the Association of Corporate Counsel (ACC Chicago).

ALEX HAGAN, a partner with Ellis and Winters in Raleigh, N.C., was appointed vice chair of the medical liability and health care law committee of the Defense Research Institute (DRI).

KAY HOBART joined Parker Poe as a partner in the Raleigh, N.C.

1993

JOHN TOMEI of Teague Campbell Dennis & Gorham in Raleigh, N.C., was honored by U.S. News and World Report as a 2014 “Best Lawyer” for workers’ compensation law – employers.

KIMBERLY H. WHITLEY of Patrick of Harper & Dixon, LLP in Hickory, N.C., was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Business Practitioner Award.

1990 RAYMOND VAN DYKE, founding member of Van Dyke Law in Washington, D.C., practicing in intellectual property and patent law, was reappointed the Greater Washington, D.C., chapter chair of the Licensing Executives Society. He continues to lecture worldwide and teach at Southern Methodist University.

1991

George Autry

GEORGE AUTRY, in the Raleigh, N.C., office of Cranfill Sumner & Hartzog LLP, was elected to serve a three-year term on the board of directors for the Owners’ Counsel of America (OCA), a national network of experienced condemnation attorneys.

DOROTHY BASS BURCH of Ragsdale Liggett PLLC in Raleigh, N.C., was chosen as a “Leader in the Law” by the North Carolina Lawyers Weekly magazine.

BILL A. MANN, of Ragsdale Liggett PLLC in Raleigh, N.C., was named to Best Lawyers in America in the area of real estate law.

SANDRA WOODS MITTERLING, of Ragsdale Liggett PLLC in Raleigh, N.C., was named to the Bar Register of Preeminent Women Lawyers and was invited to join the Claims and Litigation Management Alliance.

1996 DAVID BARNARD of Kansas City, Mo., was named chair of Lathrop & Gage’s intellectual property litigation department. He is also serving as chair of the board for Kansas City FilmFest, Kansas City’s biggest film festival.

REED N. FOUNTAIN of Young Moore and Henderson, P.A. of Raleigh, N.C., was selected as a 2014 Business North Carolina’s “legal elite.”

He was also selected for inclusion in North Carolina Super Lawyers for 2014.

1994 PHILLIP T. JACKSON of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for insurance litigation.

PAM WACHTER MCAFEE has launched McAfee Mediation, focusing on dispute resolution in the areas of consumer and business bankruptcy, debtor-creditor issues, complex business litigation, and lender liability. She is certified by the N.C. State Bar as a specialist in business and consumer bankruptcy law. She is also teaching the bankruptcy course at Campbell Law in 2014.

WYATT S. STEVENS of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for commercial litigation, trusts & estates litigation, and personal injury litigation – defendants. Stevens was also selected as a 2014 North Carolina Super Lawyer for personal injury defense.

1995 MELISSA PETERSMARCK CLEARY of Teague Campbell Dennis & Gorham in Raleigh, N.C., was honored by U.S. News and World Report as a 2014 “Best Lawyer” in Raleigh, N.C., for professional malpractice law – defendants and workers’ compensation law.

GLENN C. RAYNOR of Young Moore & Henderson, P.A. in Raleigh, N.C., was selected for inclusion in the North Carolina Super Lawyers for 2014.

KEITH A. WOOD of Carruthers & Roth, P.A. in Greensboro, N.C., was selected for inclusion in the 2014 North Carolina Super Lawyers list for the practice area of estate planning and probate law. He was also selected for inclusion in Business North Carolina’s “legal elite” for 2014 for the practice area of tax/estate planning.

DAVID K. LIGGETT, of Ragsdale Liggett PLLC in Raleigh, N.C., was selected to Best Lawyers in America in the area of insurance law.

Jacqueline D. Grant

JACQUELINE D. GRANT of Roberts & Stevens Law Firm in Asheville, N.C., was selected by Best Lawyers in America in 2014 for medical malpractice law – defendants.

Grant was also selected as a 2014 North Carolina Super Lawyer for personal injury defense – medical malpractice, a Top 50 Women North Carolina Super Lawyer since 2012 and a Top 100 N.C. Super Lawyer in 2014.

Nancy L. Grace

NANCY L. GRACE of Wake Family Law Group in Raleigh, N.C., was elected 2014 president of the N.C. Chapter of the American Academy of Matrimonial Lawyers, an organization of the nation’s pre-eminent family law attorneys.

1997 ALAN KRONOVET is the executive vice president and head of Wells Fargo Commercial Mortgage Servicing in Charlotte, N.C. JOSEPH J. “JAY” STROBLE is a partner at Bradley Arant Boult Cummings LLP in Jackson, Miss. Stroble practices in the firm’s litigation practice group and is a member of BABC’s life sciences industry team.

1998 MELISSA DEWEY BRUMBACK, partner at Ragsdale Liggett PLLC in Raleigh, N.C., was invited into the Claims and Litigation Management Alliance.

THE HONORABLE LENA M. JAMES was appointed to the position of U.S. bankruptcy judge and serves as the chief deputy for the U.S. Bankruptcy Court for the Middle District of North Carolina. James previously worked as career law clerk to Chief Bankruptcy Judge Catharine R. Aron and as an attorney at Womble, Carlyle, Sandridge & Rice.

CARRIE MEIGS of Teague Campbell Dennis & Gorham in Raleigh, N.C., was honored by U.S. News and World Report as a 2014 “Best Lawyer” for Raleigh, N.C., in personal injury litigation – defendants and professional malpractice law.

MARK SHELBURNE, counsel and policy coordinator at N.C. Housing Finance Agency, is serving on the ABA governing committee on affordable housing and community development law.

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CLASS NOTES 1999

2004

2006

EDWARD B. DAVIS of Bell, Davis & Pitt, P.A. in Charlotte, N.C., was named to North Carolina’s Super Lawyers for 2014.

ANGELA FARAG CRADDOCK of Young Moore and Henderson, P.A. of Raleigh, N.C., was selected for inclusion to North Carolina Super Lawyers for 2014 as a Rising Star.

ATINUKE AKINTOLA DIVER’S essay, “Running Into Glass Doors,” was published in the book “Talking Taboo: American Christian Women Get Frank about Faith” (White Cloud Press, Oct. 2013).

2000 DEEPA DAMRE was promoted to managing director, legal and compliance at BlackRock and is located in their San Francisco office. She is primarily responsible for overseeing regulatory matters and key strategic initiatives of the iShares ETF business within BlackRock.

2002 SABRINA PRESNELL ROCKOFF was appointed as shareholder at McGuire,Wood & Bissette PA in Asheville, N.C. Rockoff was also named to the 2014 Business North Carolina magazine’s “legal elite” list of the top lawyers in North Carolina and was the presenting speaker at Western Carolina Industries’ workshop “New FMLA Rules and Advanced FMLA Applications.”

GREGORY WAHL has accepted the position of team lead at the Overseas Security Advisory Council (OSAC) Regional Analysis Unit for the U.S. Department of State.

2003 ASHLEY HUFFSTETLER CAMPBELL of Ragsdale Liggett, PLLC in Raleigh, N.C., was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Rising Star Award.

KATE DEITER-MARADEI of Deiter Mediation in Raleigh, N.C., was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Rising Star Award.

BRIAN DUNCAN MEACHAM was named partner at Smith Anderson in Raleigh, N.C. JON H. PATTERSON was named a partner of Bradley Arant Boult Cummings LLP in Birmingham, Ala. He is a member of the firm’s general litigation group, with a focus on mortgage litigation and commercial and business litigation.

REBECCA JOHNSTON REINHARDT of Roberts & Stevens Law Firm in Asheville, N.C., was selected to Business North Carolina magazine’s “legal elite” 2014 for real estate law.

CHAD STOVER joined Barnes & Thornburg LLP in Wilmington, Del., as a partner in the firm’s intellectual property and litigation departments.

JENNIFER C. WASSON of Potter Anderson & Corroon LLP in Wilmington, Del., was promoted to partner.Wasson practices in the areas of insurance coverage litigation, general commercial litigation, and labor and employment counseling.

32

SPRING-SUMMER 2014

L’TRYCE SLADE was selected as a 2014 “Groundbreaker” in the January edition of Birmingham Magazine. She was recognized for her work as owner of Slade construction firm in Birmingham, Ala.

2005 NICHOLAS J. BAKATSIAS of Carruthers & Roth, P.A. in Greensboro, N.C., was named director at the firm in January.

TRACY W. KIMBRELL, who served as general counsel for N.C. Senate President Pro Tempore Phil Berger (R-Rockingham) from 2010 through 2013, joined Parker Poe’s Raleigh office as a partner and co-chair of the government relations and lobbying team.

JODI KNOX was promoted to partner at Womble Carlyle Sandridge & Rice, LLP in January. Knox represents hospitals and health care providers in regulatory compliance matters, including Stark Law, the federal anti-kickback statute, EMTALA and Medicare/Medicaid reimbursement. Knox practices in the firm’s Greensboro, N.C., office.

SARAH MOTLEY STONE was promoted to partner at Womble Carlyle Sandridge & Rice, LLP in Charlotte, N.C., in January. She represents clients in commercial disputes, including contract matters, business torts and construction litigation. She also regularly counsels schools on employment, student and education policy matters, as well as state and federal compliance issues.

DIANE STANDAERT with the Center for Affordable Lending in Durham, N.C., is serving on the ABA governing committee on affordable housing and community development law. She also co-edited and published the book “Building Community Resilience Post-Disaster: A Guide for Affordable Housing and Community Economic Development Practitioners” (American Bar Association, 2013), which provides post-disaster legal and regulatory plans, important lessons learned from prior disasters, and tools to foster community recovery.

DAN M. HARTZOG JR. was named partner at Cranfill Sumner & Hartzog LLP in Raleigh, N.C. JOE HELLRUNG accepted the position of associate counsel with Nestle Purina Petcare Company in St. Louis, Mo. He represents various business groups in the areas of food and consumer marketing law.

2007 HOUSTON BARNES of the Barnes Law Firm in Durham, N.C., is a candidate for U.S. Congress in North Carolina’s 2nd Congressional District.

KIMBERLY BLACKWELL BISHOP started the Bishop Law Firm, providing Social Security and disability rights representation in Raleigh, Cary, Durham and surrounding areas in North Carolina.

EDWARD T. CHANEY joined Schell Bray in Chapel Hill, N.C., and will concentrate his practice in the area of tax-exempt organizations.

2008 COLIN BAKER joined the Orlando, Fla., office of Greenberg Traurig as an associate in the litigation practice.

ROBERT F. “RICK” JACKSON was appointed shareholder to the firm of McGuire,Wood & Bissette in Asheville, N.C. MATT LILES joined the North Carolina Department of Justice in Raleigh, N.C., as assistant attorney general, Consumer Protection Division. Liles was previously an associate with Cohen, Milstein, Sellers & Toll PLLC in Washington, D.C. AMILY MCCOOL with Legal Aid of North Carolina and the McCool Law Firm was honored as part of the North Carolina Lawyers Weekly 2013 Women in Justice Awards with the Public Service Practitioner Award.

2009 ADAM T. DUKE of Bell, Davis, and Pitt in Winston-Salem, N.C., was named to North Carolina’s Super Lawyers for 2014.

MICHAEL MARTINEZ of Grier, Furr & Crisp, P.A. in Charlotte, N.C., was honored with the 2013 Outstanding Pro Bono Service Award at the second annual Pro Bono Awards in Charlotte, hosted by nonprofits Council for Children’s Rights, Legal Aid of North Carolina and Legal Services of Southern Piedmont. Martinez assisted Legal Services of Southern Piedmont’s low-income clients with a variety of issues and contributed 270 hours of pro bono service last year.

Starling B. Underwood

STARLING B. UNDERWOOD III of McGuire,Wood & Bissette in Asheville, N.C., was appointed as an advisory member to the North Carolina State Bar grievance and authorized-to-practice committees. Underwood was also named to the 2014 North Carolina “Rising Stars” list.

2010 MONICA HANDA’S litigation group at Cochran & Owen, LLC in Vienna,Va., has joined BrigliaHundley in Fairfax,Va.The combined practice is a full-service law firm serving the mid-Atlantic region.

ROGER MCDORMAN accepted the position of trademark examining attorney with the United States Patent and Trademark Office in Alexandria,Va.

clients in litigated and non-litigated business-tobusiness disputes such as breach of contract matters, loan enforcement actions, construction matters, insurance disputes, regulatory matters, business torts, and professional liability matters.

THOMAS K. KIM joined the parole revocation defense unit of the Legal Aid Society in New York, where he represents parolees at administrative hearings at the Rikers Island Judicial Center.

JOHN D. NOOR joined Roberts & Stevens Law Firm in Asheville, N.C., as a litigation attorney focusing on environmental law, complex business litigation, governmental affairs and public policy.

ANDREW C. BAIRD III joined Christian & Barton, L.L.P. in Richmond,Va., as an associate in the firm’s health care and business law departments.

CONNOR BLAIR accepted the position of associate with the litigation practice group of Bradley Arant Boult Cummings LLP in Nashville,Tenn.

2011

MICHAEL FISCHER joined Womble Carlyle Sandridge & Rice, LLP in Charlotte, N.C. ALICIA KERR joined Lathrop & Gage LLP in St. Louis, Mo., as an associate. Kerr represents

ALEKSANDRA E. KOZLOWSKA joined Pharr Law, PLLC in Winston Salem, N.C., as a associate and will concentrate her practice in construction litigation.

VIRGINIA PLEASANTS accepted the position of associate with Bell, Davis, and Pitt P.A. in WinstonSalem, N.C.

2013

MARCUS B. SMITH is an associate with Littler Mendelson in Las Vegas.

RACHEL MARIE BLUNK of Wishart Norris Henninger & Pittman in Burlington, N.C., was elected as vice-president to the board of the North Carolina Association of Women Attorneys for 2014.

DAMIAN “DAC” CANNON is an associate in Parker Poe’s Raleigh, N.C., office. He represents health care providers and organizations in administrative proceedings and litigation matters, and advises clients regarding regulatory issues in the health care industry.

Connor Blair

SARA COUCH BRYANT joined the securities and consumer fraud practice group of Motley Rice in Mt. Pleasant, S.C. She works with many of the firm’s institutional investors, government entities and consumers, in addition to assisting in the firm’s individual tobacco cases and litigation.

Virginia Pleasants

JON SINK joined Shanahan Law Group in Raleigh, N.C. as an associate. Sink has also accepted an offer to clerk for Judge Jennifer Elrod on the United States Court of Appeals for the Fifth Circuit in Houston,Texas, and will begin work in the fall.

NICK TOSCO accepted the position of associate in the government and public policy practice group of Parker Poe in Charlotte, N.C. COURTNEY L. VALENTINE accepted the position of associate with the business litigation group of HunterMacLean in Savannah, Ga. JUDD WILLIAMSON joined Donna Ambler Davis, PC in Chapel Hill, N.C., and is practicing family law.

Staff Profile: Vanda Chou Financial Aid

WHAT DO YOU LIKE BEST ABOUT WORKING AT UNC SCHOOL OF LAW? The people!

HOMETOWN: Greenville, S.C.

WHAT WAS YOUR FIRST JOB? Teaching 1-year-olds.

Education: B.A. English, Religion minor, and Elementary Teacher Licensure, Duke University

HOW DO YOU LIKE TO SPEND YOUR FREE TIME? Feeding

VOLUNTEER OR OTHER PROFESSIONAL ACTIVITIES: Duke Alumni

WHAT ARE YOU READING? “David and Goliath: Underdogs,

KATHERINE KERSHAW

POSITION: Director of Law School

Association and Secret Society HOW LONG HAVE YOU WORKED AT THE LAW SCHOOL?

Since July 2011.

WHAT DOES YOUR JOB ENTAIL? Counseling prospective and

current students and alumni on financial aid and our Loan Repayment Assistance Program (LRAP); data management and review; and conquering ConnectCarolina, the administrative software for student systems, human resources, payroll and finance.

ducks with my toddler Hermione, creating (crafts, photos, poems, baked goods).

Misfits, and the Art of Battling Giants,” by Malcolm Gladwell, and “The Heroes of Olympus, Book Four: The House of Hades,” by Rick Riordan.

WHAT IS YOUR FAVORITE MOVIE OR TV SHOW? I used to have

these things, but then I had a kid.

WHAT IS ONE THING ABOUT YOU THAT OTHERS AT THE LAW SCHOOL MIGHT NOT KNOW? I never figured out how to

whistle, but I tried every day after school between the sixth and eighth grade.

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FACULTY BOOKS

JOHN CONLEY ( WITH CHRIS HEFFER AND FRANCES ROCK) , ED.

MICHAEL L. CORRADO

Presumed Dangerous: Punishment, Responsibility, and Preventive Detention in American Jurisprudence

Legal-Lay Communication: Textual Travels in the Law

Carolina Academic Press, 2013, 148 pages.

ISBN-13: 9781611634457

Oxford University Press, 2013. 352 pages.

ISBN-13: 9780199746835

ALFRED L. BROPHY AND SALLY E. HADDEN, EDS.

KENNETH S. BROUN AND ROBERT P. MOSTELLER

A Companion to American Legal History

McCormick on Evidence (Practitioner Treatise Series) (7th Edition)

Wiley-Blackwell, 2013. 596 pages.

ISBN-13: 9781444331424

Thomson/West 2013, 2013.

ISBN-13: 9780314812520 JEFFREY MICHAEL HIRSCH ( WITH RICHARD A. BALES AND PAUL M. SECUNDA)

Understanding Employment Law (2nd Edition) LexisNexis, 2013. 312 pages.

ISBN-13: 9780769859910

The Forgotten Presidents Michael Gerhardt’s 2013 book “The Forgotten Presidents: Their Untold Constitutional Legacy” (Oxford University Press, 2013) was named one of the Financial Times’ “Books of the Year” for 2013. The Financial Times called it “an engaging and original study of U.S. constitutional history, focusing on the eras of 13 lesser-know presidents such as Millard Fillmore and Chester Arthur.”

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DONALD T. HORNSTEIN

Environmental Law and Policy UNC Press, 2013. 240 pages.

ISBN-13: 9781469615721 RUTH ANN MCKINNEY AND KATIE ROSE GUEST PRYAL ’03

Core Grammar for College Carolina Academic Press, 2013.

ISBN-13: 9781611635850

PARTING SHOTS

Tom Kelley, Paul B. Eaton Distinguished Professor of Law, collaborates with Glorieuse Uwizeye to plan field trips for study abroad students during a summer trip to Rwanda. Kelley traveled to Rwanda with a group of 21 UNC students and taught a course on genocide, human rights and international criminal law. Kelley plans to take another group in the summer of 2015.

DONN YOUNG

KATHERINE KERSHAW

Wilson White ‘06, public policy manager for Google Glass, introduces Assistant Professor Deborah Gerhardt to Google Glass at a private demonstration at the American Tobacco Campus in Durham, N.C., in October.

Clinical Assistant Professor Mandy Hitchcock ’07 and Chris Heaney ’13 at the Chancellors Scholars Luncheon in February.

The Class of 2014 elected to support the Law Annual Fund as this year’s 3L Class Gift. Class gift officers, from left, Mary Scott Kennedy, 3L class representative; J.M. Durnovich, SBA president; Donald Huggins, 3L class representative; and Andrew Gibbs, 3L class president, ran a successful campaign.

CAROLINA LAW

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VOICES

My Lessons from the Cover of Time Magazine How Defending Wen Ho Lee Made Me a Better Prosecutor and Teacher RICHARD E. MYERS II ’98

STEVE EXUM

ASSOCIATE DEAN FOR STUDENT AFFAIRS AND HENRY BRANDIS PROFESSOR OF LAW

I

n September 2000, I received a call from my dad, who was on his cellphone in an airport. “Do you know you’re on the cover of Time Magazine?” His voice held a mix of wonder and fatherly pride. I had no business being there, really. I was there because I was the junior associate on the defense team for Wen Ho Lee. Dr. Lee was a Chinese-American nuclear scientist at Los Alamos National Laboratories who did classified work for the American nuclear program. When I was assigned to the case, Dr. Lee was facing 59 counts, many of which carried potential life sentences. At his bond hearing, the accusations that he had sold U.S. nuclear secrets to China led the government to characterize the risks to national security should he be granted bond as “potentially catastrophic.” At the time that the magazine cover photo was taken, he had just been released from federal custody. Because I happen to be a relatively big man, I was one of the lawyers who escorted him through a mob of reporters and well-wishers, and that’s how I landed on the cover of Time. That pro bono representation was incredibly rewarding. I got to know Dr. Lee and was part of the team that ultimately helped bring about a just result in his case.

But it was also incredibly risky. When the law firm where I worked took the case, it wasn’t clear whether the firm was going to be infamous for representing a nuclear spy. To his everlasting credit, a senior partner at O’Melveny & Myers, which would put together the defense team, spoke up and said, “I don’t know how this will turn out, but if anyone on Earth needs a good lawyer right now, it’s this man.”

The law firm decided to take the case. When I begged to be added to that case, there was a risk that my father would see his eldest son excoriated, not feted, for defending someone accused of damaging the national security of the United States. The better part of my time for more than a year was spent working for free to defend Dr. Lee. Thanks in great part to the tireless work of his legal team, he walked free after admitting to mishandling classified information, rather than spending the multiple life sentences in prison that he was facing under the Atomic Energy Act. I don’t dwell on that case too often — the river of time has long since flowed past that point. But in February I joined a panel of 36

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speakers on the subject of prosecuting terrorism cases at a symposium put together by our students at the North Carolina Journal of International Law and Commercial Regulation. I was transported back to the early uncertainty in Dr. Lee’s case, when we didn’t know who was wrong and who was right. I reflected on the choices we all have to make about building a legal system that is capable of protecting our collective security while defending the rights of every individual who stands accused by the state. At the symposium, I explained some of the legal mechanisms that we use to try to strike the balance of interests — such as the Classified Information Procedures Act, designed to ameliorate the risk that defendants will threaten to reveal our secrets in order to “graymail” the government into dropping a prosecution.

I also talked about the ethical responsibilities of the lawyers on both sides of national security cases. As part of the defense team, I held a security clearance at a classified level above top-secret, and I know things that I can never share. Mandated silence is a restrictive box for a former newspaper reporter and current law professor, by the way. But it’s a proud part of my past that I represented Dr. Lee in the most trying time of his life. In one of life’s interesting twists, after representing Dr. Lee, I went on to become a federal prosecutor and worked with one of the attorneys from the other side of the case, who is now one of my closest friends.

Being a good lawyer, either as a prosecutor or a defender, requires an undefinable mix of self-confidence and humility, courage and sympathy, energy and creativity, and old-fashioned hard work. I tried as hard as I could every day I practiced law to get that blend right, and my work as a prosecutor was irrevocably affected by my time as a defense lawyer. I hope that the lessons I teach my students, explicitly and implicitly, help prepare them in some small way for the balancing act that they will go forth and face. It’s fashionable to mock the legal profession, but when what you really need is a good lawyer, nothing, and I mean absolutely nothing, else will do. I chose to come back and teach at Carolina Law so I could spend my time helping train good ones.

Connect with Carolina Law!

August 11-September 26 Fall On-Campus Interviews Alumni are invited to recruit on campus for their employers, or post opportunities through the Career Development Office. Interviews are held at the law school or remotely via our video interview room from 9 a.m. to 5 p.m. weekdays with a one-hour break for lunch. Lunch is hosted by Brian Lewis, assistant dean for career development, at the Hill Alumni Center nearby. We will schedule your requested interview date, have students submit their application materials for your review online, allow 100% prescreening, and set up interviews with your selected students.

Carolina Law is now on Instagram! @unc_law #unclaw Follow us on Twitter!

Career Development Office @UNCLAWCDO Center for Banking and Finance @UNCbanking Center for Civil Rights @UNCCivilRights Center for Law, Environment, Adaption and Resources (CLEAR) @UNCCLEAR Center for Media Law and Policy @uncmedialaw Center on Poverty, Work and Opportunity @UNCPovertyCtr Information Technology @unclawinfotech Office of Public Service Programs @UNCLawPubSrvs Student Services Office @UNCLawStdntSrvc UNC Director Diversity Initiative @UNCdirectordiv UNC Law CLE @UNCLawCLE

Contact Kala Glenn-Pruitt kvglennp@email.unc.edu 919.962.0280 www.law.unc.edu/career/employers

Save the Date!

Meet our 2013 Law Alumni Association Golf Classic Scholarship recipients, all from the class of 2014:

Joseph Polonsky

UNC School of Law @unc_law

UNC Law Alumni Association @UNCLawAlumni

Find us on Facebook!

Facebook.com/UNCSchoolofLaw

TEE OFF TO SUPPORT SCHOLARSHIPS

UNC Law Alumni Association Scholarship Golf Classic The UNC Law Alumni Association Scholarship Golf Classic continues to raise generous support for one of Carolina Law’s most pressing needs: student scholarships.

Since 2011, the Classic has raised $68,000 in support of scholarships at Carolina Law.

Friday, Sept. 5, 2014

SPECIAL THANKS TO OUR 2013 GOLF CLASSIC SPONSORS: Edward Roche

Presenting Sponsor: FORGE Consulting Hole Sponsors: Bonnie Weyher and Dan McLamb with Yates McLamb & Weyher, LLP; Craig Lynch with Parker Poe Ellis & Winters; Johnston Allison & Hord PA; Kirby & Holt, LLP; Lawyers Mutual Liability Insurance Company of North Carolina; Moore & Van Allen; Pace Reporting Service, Inc.; Robert Zaytoun and the Zaytoun Law Firm; The Quick Family Hospitality Cart Sponsors: Bell Davis & Pitt; Tryon Title Agency

THANK YOU TO OUR GOLF CLASSIC SCHOLARSHIP COMMITTEE:

David Russell

Robert E. Zaytoun, Chair; Zaytoun Law Firm; W. Sidney Aldridge; Nicholls & Crampton; Richard T. Boyette; Cranfill Sumner & Hartzog; John C. Cloninger; Cloninger Barbour Searson & Jones; Ken Eagle; Morris Russell Eagle & Worley; David F. Kirby; Edwards & Kirby; Danny R. Glover; Teague & Glover; Elizabeth L. Quick; Womble Carlyle Sandridge & Rice; Brad Van Hoy; Moore & Van Allen; Hank Van Hoy; Martin & Van Hoy; Martin L. White; Johnston Allison & Hord; Richard N. Watson; Pulley Watson King & Lischer; and T. Carlton Younger.

CAROLINA LAW

Non-profit Organization U.S. Postage PAID PERMIT # 177 Chapel Hill, N.C.

Van Hecke-Wettach Hall 160 Ridge Road, CB # 3380 Chapel Hill, NC 27599-3380 www.law.unc.edu twitter.com/unc_law

THE MAGAZINE OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL SCHOOL OF LAW

CAROLINA LAW

Alumni, update your contact info at www.law.unc.edu/alumni.

Save the dates!

MAY 15 Alumni Night at the Durham Bulls Game

JUNE 13 Alumni Luncheon at NCADA Annual Meeting, Hilton Head, S.C.

JUNE 17 Alumni Breakfast at NCAJ Annual Meeting, Wilmington

ON THE MAP making a difference

JUNE 20 Alumni Reception at the N.C. State Bar Meeting, Wilmington

AUGUST 20 New Student Orientation Alumni Community Welcome Event, Chapel Hill

SEPTEMBER 5 Alumni Association Golf Classic, Chapel Hill

SEPTEMBER 6 Bluegrass and BBQ, Chapel Hill founded in 1845

across the nation PAGE 18

VOLUME 38, ISSUE ONE

SPRING-SUMMER 2014