Memphis Law Magazine - Summer 2014

A publication of the University of Memphis Cecil C. Humphreys School of Law

Volume 1 | Issue 1

Executive Editor Ryan Jones

Writing Richard J. Alley Ryan Jones Lurene Kelley Josh Spickler

Faculty News Editor Katharine Schaffzin

Photography Rhonda Cosentino Ryan Jones Estate of Abe Fortas Lyndon B. Johnson Library

Art Direction and Design archer>malmo

Published By The University of Memphis Cecil C. Humphreys School of Law 1 North Front Street Memphis, TN 38103 (901) 678-2421 memphis.edu/law

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DEAN’S LETTER With this first issue of ML, Memphis Law launches what we hope will be a thought-provoking and captivating publication for years to come.

Our goal in launching ML is to better communicate

We hope this publication will be a wonderful

We hope you enjoy reading ML and that you’ll also

with the many different communities we strive to

reminder of how much we have to be proud of

let us know what you think. We look forward to your

serve—students, lawyers, judges, government

within our school and the Memphis community.

input as we continue our effort to create a publication

officials, friends in our community, and, of course,

I would be remiss if I didn’t take this opportunity to

that is a must-read for all members of our community.

law school alumni. ML will have all the traditional

remind our readers of our tremendous strengths,

features of an alumni magazine, but we also hope

of both the city and the law school.

its creative design, content, and photographs will engage non-alumni and non-lawyer readers in much the same fashion as the nation’s best regional magazines.

“With this first issue of ML, Memphis Law launches what we hope will be a thought-provoking and captivating publication for years to come.”

In the pages of this and subsequent issues of ML, we will strive to convey, through the stories we tell, the attributes that make Memphis Law such an outstanding law school and the city of Memphis such a wonderful place in which to live, learn,

There are amazing things happening at our law school and in the city of Memphis, and it is our

Our law school facility in the magnificently

goal to share some of these stories with you in the

renovated former United States Custom House,

pages of ML.

Court House and Post Office is, at once, beautiful, historic, and modern—plainly one of the finest in

Cordially,

the nation. Our location in downtown Memphis enhances our relationship with the legal community and greatly increases our students’ opportunities for meaningful externship and clerking experiences,

Peter V. Letsou

while also allowing students to enjoy Memphis’

Dean

“We will strive to contribute more broadly to the community conversation by publishing thoughtful articles on legal issues and topics related to our city, state, and region.”

and practice law. And, as in a traditional alumni magazine, we will, of course, take the opportunity to

Southern charm, its great food and music, and the “grit and grind”

brag about the law school and our students, faculty,

of the Memphis Grizzlies. And, thanks to the hard work of our

and alumni—because we have much to brag about!

exceptional faculty of teacher-scholars, our students pass

But unlike traditional alumni magazines, we also will strive to contribute more broadly to the community conversation by publishing thoughtful articles on legal issues and topics related to our city, state, and region—articles designed to win the attention not only of our alumni, but also of educated readers more generally. We will do this because we believe

the bar and find employment at rates that, historically, are among the best in Tennessee and that favorably compare with the nation’s finest law schools.

Coupled with our affordable tuition, these attributes make Memphis Law not only an excellent law school, but also one of the nation’s best values in legal education.

our mission as a law school includes enhancing the dissemination of knowledge to all members of our community—lawyers and non-lawyers, graduates of the University of Memphis, and graduates of other schools.

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CONTENTS

FEATURES 11 ABE FORTAS:

Forgotten Supreme Court Justice, Forgotten Memphian

BY LURENE KELLEY Fiddlin’ Abe Fortas was a Memphian who has been largely forgotten by the city he called home for the earliest part of his life. The man who won the landmark Gideon v. Wainwright case and eventually became a United States Supreme Court Justice had a career marked by both prestige and scandal, but the city he was born in rarely recognizes the great man who began his life here. The legacy that his legal career left behind has had an enormous effect on the legal arena, ranging from Juvenile Court issues to the creation of Civil Gideons in today’s evolving justice system.

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11 15

THE RIGHT TO COUNSEL IN MEMPHIS: 50 Years After Gideon

BY JOSH SPICKLER Shelby County Public Defender’s Office

BLACK-LETTER BREWING: Drafting the Law in Memphis

BY RICHARD J. ALLEY The craft-beer movement in the city of Memphis has seen a surge in popularity in the last year, thanks in large part to the work of several Memphis Law alumni and their efforts to amend archaic laws and ordinances that prohibited the growth of brewing in Memphis. The results are a wealth of new microbreweries and excitement around craft beer in the Bluff City.

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DIVISIONS 05 BRIEFS: News + Events 09 STUDENT PROFILE: Holly Palmer

Holly Palmer is a third-year law student and current president of the Public Action Law Society (PALS). From her time in the military to her valuable experience with the District Attorney’s Office, Palmer has positioned herself for success when she finishes law school.

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19 TRUE BLUE: Alumni Spotlight

United States Attorney Edward L. Stanton, III, is a lifelong Memphian and Memphis Law graduate with a passion to serve the city he calls home. His career in Memphis has taken him to a variety of different destinations, with the common theme of making Memphis a better place always taking precedence wherever he finds himself.

A DAY AT MEMPHIS LAW with U.S. Supreme Court Justice Antonin Scalia United States Supreme Court Justice Antonin Scalia spent a day at Memphis Law in December 2013. The Justice devoted the day to students, faculty, staff, and the Memphis legal community, sharing insights and anecdotes at a variety of different events throughout the day.

21 23 FACULTY ACCOMPLISHMENTS 25 SETTING THE BAR:

Memphis Law Alumni Class Notes

19 4

BRIEFS: NEWS + EVENTS STATE OF THE CITY ADDRESS HOSTED

BY A C WHARTON AT MEMPHIS LAW The law school hosted Memphis Mayor A C Wharton for his 2014 State of the City Address in January 2014. Wharton spoke to a full-capacity crowd in Wade Auditorium, with over 300 people packed into the room to hear the details behind the Wharton administration’s upcoming projects, plans,

Berkeley. He also worked at a multinational

and goals. Wharton organized his talk around

semiconductor company, litigating patent

what he called The Five P’s: pension, public

cases in federal district courts and before the

safety, poverty, a future plan, and potholes.

U.S. International Trade Commission. Bock

The mayor spoke about a variety of quality-

clerked for Judge Alan D. Lourie in the U.S.

of-life issues within the city, such as the

Court of Appeals and received his J.D. from

pothole problem, as well as the long-term

the Berkeley School of Law. He received

issues focusing on cutting the city’s poverty

his undergraduate degree in electrical

rate, improving public transportation,

engineering and computer science from

recruiting jobs, and making energy more

the Massachusetts Institute of Technology.

affordable. The idea to host the prestigious event at the law school was put forth by Student Bar Association President Chris Tutor, who led the assembled audience in the Pledge of Allegiance before the program began.

NEW FACULTY AT MEMPHIS LAW The law school welcomed three new faculty members in the fall semester of 2013. In addition to new Health Law Director Amy Campbell, Jeremy Bock and Demetria Frank also joined the esteemed ranks of faculty

PRESIDENT OBAMA NOMINATES MEMPHIS LAW ADJUNCT PROFESSOR FOR FEDERAL JUDGESHIP President Barack Obama recently nominated University of Memphis School of Law adjunct professor and University of Memphis general counsel Sheryl H. Lipman for a judgeship on

Professor Frank joined the faculty to teach

the U.S. District Court for West Tennessee.

evidence, trial practice, and civil pretrial

Lipman joined the University of Memphis in

litigation. Her focus areas are civil litigation,

1999 as senior attorney and was promoted to

product liability, and civil court access.

the role of university counsel in 2002. In that

Prior to coming to Memphis Law, Professor

role, she was responsible for all the legal

Frank was a toxic tort attorney, representing

interests of the university, serving as in-house

injured plaintiffs in product liability lawsuits.

counsel on all major legal matters and over-

She also served as an associate judge for the

seeing regulatory matters on a number of

city of Dallas and the city of Houston. Frank

issues pertaining to the University. After

received her J.D. from the University of Texas

President Shirley C. Raines retired in 2013,

School of Law and her undergraduate degree

Lipman was selected by Interim President

from the University of Houston.

R. Brad Martin to serve as chief of staff.

at Memphis Law, bringing with them a wide

Prior to joining the law school, Professor Bock was a research fellow and senior visiting scholar at the Berkeley Center for Law and Technology at the University of California 5

FRANK

Law to teach patent law and civil procedure.

BOCK

Professor Bock joined the faculty at Memphis

CAMPBELL

range of specialties.

U.S. Representative Steve Cohen recommendbipartisan committee of 13 local attorneys

“WELCOME TO MEMPHIS” PANEL INTRODUCES 1LS TO MEMPHIS

interviewed nine candidates for the judicial

As part of this year’s Orientation activities,

vacancy. In November, Lipman’s nomination

the law school unveiled a new “Welcome

went before the Senate Judiciary Committee,

to Memphis” panel, intended to give new

which voted to recommend her nomination

students and residents of Memphis an

to the full Senate for confirmation. Once

inspiring and exciting glimpse of what

confirmed, Lipman will succeed Judge Jon P.

Memphis is really all about as a city. The

McCalla on the district court in Memphis, as

panel showcased a number of areas such

Judge McCalla has taken senior status.

as Arts & Entertainment, the food and

2014 ALTERNATIVE SPRING BREAK

culinary scene, sports-related matters,

This year’s Alternative Spring Break (ASB),

non-profit organizations, and business

presented by the Public Action Law Society,

expertise. Participants in this inaugural panel

centered on the civil right to counsel and the

included Allison Cook, executive director of

influence of Gideon v. Wainwright 50 years

the Memphis Farmers Market; Kelly English,

after the historic case. This year’s ASB had

owner and chef at Restaurant Iris; Tomeka

over 70 applicants, with over 20 participants

Hart, VP of Teach for America; Anne Pitts,

coming from schools outside of Memphis,

director of the Levitt Shell; Gary Parrish,

from law schools across the country. This

nationally syndicated sports columnist and

year’s week-long spring break program

radio host for CBSSports.com and ESPN; and

examined the fact that while Gideon v.

Jason Wexler, COO of the Memphis Grizzlies.

Wainwright established the right to counsel in

The one-hour panel allowed students to get

criminal cases, no similar right exists in civil

a glimpse of what makes Memphis special,

lawsuits, creating a “civil justice” gap. ASB

presented by a set of Memphians who have

took an in-depth look at this issue through

In fall 2013, Memphis Law, in partnership

been an integral part of positive growth and

several different specialized legal tracks

with MBA and SCORE, launched an incubator

collaboration in the Bluff City.

throughout the course of the program.

ed Lipman for the judgeship after he and a

SHERYL H. LIPMAN

ESQ.BUILD

CLARENCE EARL GIDEON

for solo practitioners called ESQ.BUILD. This innovative program is designed for Memphis Law graduates in their first three years of practice. For one year, a select number of new graduates receive office space at Memphis Area Legal Services (MALS) at a low cost (between $50 and $100 per month), including a private office and a conference room for meeting clients. Participants provide their own phones, computers, printers, and other office equipment. They are also required to handle pro bono cases for MALS as well as donate a certain number of hours of service to the Memphis Bar Association.

“WELCOME TO MEMPHIS” PANEL

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BRIEFS: NEWS + EVENTS THE HON. HOLLY M. KIRBY APPOINTED TO TENNESSEE SUPREME COURT

with the top two teams from each region

Tennessee Governor Haslam appointed The

Association hosts the competition.

advancing to the National Finals. The Young Lawyers’ Division of the New York City Bar

Hon. Holly M. Kirby (JD ’82) to the Tennessee

The Memphis team prepared for the compe-

Supreme Court, effective September

tition in the fall with their coach, Director of

1, 2014. Judge Kirby will succeed another

Advocacy Barbara Kritchevsky. Numerous

Memphian, Justice Janice Holder, who has

students, faculty, and alumni judged practice

close ties to Memphis Law and the Access to

rounds for the team.

Justice and pro bono programs in place in Memphis and at the law school.

Judge Kirby has served as a judge on the

THE HON. HOLLY M. KIRBY

since 1995, and was the first woman ever to

NATIONAL MOOT COURT TEAM ADVANCES TO NATIONALS IN NYC

UNIVERSITY OF MEMPHIS HEALTH LAW INSTITUTE HOSTS SYMPOSIUM

serve on that court. During that time, she

The Memphis Law National Moot Court

The University of Memphis Health Law

authored more than 1,000 opinions on

team of Chelsea Harris and Courtney

Institute hosted its inaugural Health Law

appeals from trial courts from across the

Sharp advanced to the National Finals of

Symposium in April 2014. The title of the

state of Tennessee.

the National Moot Court Competition in

two-day symposium was “Race, Research,

New York City. They were one of the top

and Rights: The Legacy of the Tuskegee

30 teams out of approximately 200 teams

Syphilis Study.” To start the symposium off,

that entered the competition and turned in

a community screening of a Tuskegee Study

an impressive performance at the regional

documentary was held at the National Civil

level in Knoxville, Tenn., in November. They

Rights Museum, the symposium’s co-sponsor,

defeated Mississippi College of Law, Louisiana

followed by an informal discussion and

State, and the University of Tennessee.

commentary with James Jones, author of

Tennessee Court of Appeals Western Section

Before being appointed to the Court of Appeals, Judge Kirby was a partner at the well-known Memphis law firm of Burch, Porter & Johnson, where she specialized in the defense of businesses in employment litigation. She became a partner at the firm in 1990 and was appointed assistant Shelby County attorney for employment disputes

In February, the Memphis team met in New

by Mayor Jim Rout in 1994–95.

York City with the other top teams in the

Judge Kirby is a Memphis native and earned her Bachelor of Science degree in mechanical

nation. Approximately 200 teams compete in the National Moot Court Competition,

lis Study, and Fred Gray, famed civil rights attorney and class action suit lawyer on behalf of Syphilis Study survivors and family members. The formal Symposium took

engineering from the University of Memphis in

place on Friday, April 4, 2014, with morning

1979, graduating magna cum laude and first in

talks by Mr. Jones on the history of the

her class at the Herff College of Engineering.

Tuskegee Syphilis Study and Mr. Gray’s

She then started law school at the University

reflections on the case and his critical role in

of Memphis Cecil C. Humphreys School of Law

advancing the interests of the men involved

and graduated in 1982, third in her class of

and their families. A luncheon followed the

140. After law school, she worked as a judicial

morning discussions, and an afternoon session

law clerk to Judge Harry Wellford on the U.S.

consisted of panel discussions on the legacy

Court of Appeals for the Sixth Circuit.

of Tuskegee among African-Americans, and NATIONAL MOOT COURT TEAM

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“Bad Blood,” the leading account of the Syphi-

other ethnic and racial minorities, in research

associate professor in the department of psychology. She received her master’s degree in bioethics from the University of Pennsylvania, received her J.D. from Yale Law School, and completed her undergraduate degree at the University of Notre Dame.

THE LEGACY OF THE TUSKEGEE SYPHILIS STUDY

MEMPHIS LAW STUDENTS CONTINUE TO EXCEL IN CLINIC AND EXTERNSHIPS

and treatment settings, with a focus on the

variety of new partnerships (in the Mid-South

During the fall semester of 2013, nearly 80

Memphis/Shelby County community and

area) with prominent local hospitals, law firms

third-year law students earned academic

featuring local experts from the University

specializing in healthcare-related issues,

credit and gained valuable hands-on legal

of Memphis and the community.

and a number of governmental agencies.

experience through participation in the

By launching this new Health Law Institute,

University of Memphis School of Law’s

the law school hopes to take advantage of the

Experiential Learning Program. Twenty-six

fact that Memphis is a uniquely positioned

students took one of the three in-house

community for a health law and policy

clinical courses—the Child and Family

initiative, being home to major medical

Litigation Clinic, the Elder Law Clinic, and

systems, an internationally recognized

the Housing Adjudication Clinic—being

children’s hospital, and leading biomedical

offered by the law school during the fall

device manufacturers. It is an economic

semester. In addition, 51 students participated

engine for the region, and Professor Campbell

in the law school’s Fall 2013 Externship

plans to build an institute that uses the law

Program, working under the supervision of

to advance healthcare at the individual,

judges and attorneys throughout Memphis,

population, organizational, and system levels.

while simultaneously enrolling in a weekly

AMY CAMPBELL

HEALTH LAW INSTITUTE LAUNCHED AND LED BY NEW DIRECTOR Amy Campbell was hired in the fall of 2013

Professor Campbell comes to Memphis Law from SUNY Upstate Medical University, where she served as an associate professor of bioethics and humanities, as well as an

classroom seminar designed to introduce the essential habits of the reflective practitioner and assessment of the skills, relationships, issues, and mindsets that prevail in the practice setting.

to lead the new University of Memphis Cecil C. Humphreys School of Law Health Law Institute. Professor Campbell worked throughout the fall to develop the programmatic elements of the institute while also planning a national health-law symposium held in April 2014. She has worked to lay

By launching this new Health Law Institute, the law school hopes to take advantage of the fact that Memphis is a uniquely positioned community for a health law and policy initiative, being home to major medical systems, an internationally recognized children’s hospital, and leading biomedical device manufacturers.

the groundwork for future success via a 8

STUDENT PROFILE:

HOLLY PALMER

Meet Holly Palmer, a third-year Memphis Law student and current president of the school’s Public Action Law Society (PALS). Palmer came to Memphis Law from a military background and has utilized the various strengths and leadership skills—that she learned while serving in the military—in her successful law school career. She is currently working as an intern in the Shelby County District Attorney’s Office, where she has gained invaluable on-the-job training to prepare her for life after law school.

“One of the biggest things I learned was how to be decisive and not be afraid to make the ‘wrong’ decision.”

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ML: What branch of the military did you serve in before coming to law school?

no matter the career path. One of the biggest things

practicing attorneys, making for stronger public-

I learned was how to be decisive and not be afraid to

interest law programs in the Memphis area.

Holly Palmer: I served in the Army for five years

make the “wrong” decision. There are a lot of ways

on active duty. I spent almost all of my five years with

to accomplish something. Making the best decision

the 3rd Brigade Combat Team of the 101st Airborne

the first time around is gratifying, but I think the

Division (Air Assault) out of Fort Campbell, Ky. I

more important skill is being able to evaluate the

deployed twice to Iraq with this unit. We were in Iraq

situation after making a decision, remaining calm,

from September 2005 to August 2006, then again

and knowing how to shift your plan to get your

from August 2007 to November 2008.

mission back on track. Because of my time in the

Cont’d on pg 27

military, I’m not afraid to take charge of a project, even if it’s just to get the wheels turning.

“My hope is that, with the help of new donors, the law school will be able to offer fellowships to students interested in publicservice careers.”

ML: What has your experience working in the district attorney’s office taught you?

HP: Working at the DA’s office has taught me how to deal with people. Adding the human element into the mix always makes the task more challenging and frustrating. Law school can give you a range of techniques, but there is nothing like a little on-thejob training to help you develop your interpersonal skills. Attorneys and judges see people on some of their worst days, and not everyone is in a cooperative

ML: What made you decide to come to law school?

HP: I’ve thought about being a lawyer on and off ever since I was in high school. I was antsy to get into the work force as soon as I completed my undergraduate

mood. When I see attorneys deal with frustrating people and situations in a professional manner, it makes me want to emulate that behavior and be that consummate professional.

law school during the five years I spent in the Army.

ML: As PALS president, how do you feel the organization can best serve the law school and the Memphis community?

However, after completing my active-duty obligation,

HP: PALS serves the law school in two important

I had a very difficult time finding a job. I had not

ways. First, it provides students with a plethora of

enjoyed some of the jobs I had in the Army, and I

service opportunities, which helps them achieve

wanted a job that was going to make me happy.

their school-mandated pro bono service hours.

After being unemployed for over a year, going

Second, the success of the PALS Alternative Spring

back to school for three years sounded like less

Break Program can bring national recognition to

of an intimidating time commitment than I’d

our school and can serve as a platform for attracting

previously thought.

new donors. My hope is that, with the help of new

schooling, but I actually hadn’t thought much about

ML: What did your time in the military teach you, and how do you think it helps make you a better law student?

HP: The military taught me a lot of important life lessons and gave me skills applicable to any situation,

donors, the law school will be able to offer fellowships to students interested in public-service careers. Beyond serving the law school, PALS can also help meet the legal needs of the community by promoting partnerships between law students and 10

H

e helped establish the United Nations,

was a jurist on the revolutionary Warren

Court, and served as the most trusted adviser to a U.S. president. Yet this Memphian—who made the cover of Time Magazine and has been called one of the most influential individuals of the 1960s— is just a mention among Bluff City notables.

There is no oil painting at the University of Memphis School of Law to say a Supreme Court justice grew up down the street. Nor is his likeness honored at Rhodes College, his undergraduate alma mater. The site of his childhood home is buried under a parking lot by the FedExForum.

No plaque citing he once lived there is anywhere in sight.

This largely forgotten son of our city is Abe Fortas.

Born to Jewish immigrants in what was then South Memphis, he became one of the most powerful voices in our country. Yet, his fall from grace was fast and stunning, complicating his legacy, so that even his hometown barely acknowledges his roots.

ABE FORTAS FORGOTTEN SUPREME COURT JUSTICE

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FORGOTTEN MEMPHIAN

Now, 50 years after his most famous courtroom victory, some believe it may be time to give Abe Fortas another look.

THE MAKINGS OF A GREAT MEMPHIAN Much of what we know about Fortas’ early days has been documented by University of California history professor Laura Kalman in “Fortas: A Biography” (1990). Kalman’s research provides a vivid picture of Fortas’ life in Memphis and his relentless work ethic, even at an early age.

Fortas grew up on Linden Avenue in a blue-collar, ethnically mixed South Memphis neighborhood.

He was born to Jewish immigrants who had left England to work in the family furniture-making

business in Memphis. The youngest of five

But, it was the case of a small-town drifter that would

children, Fortas was described as serious, smart

make Fortas a primary architect of the American

and hardworking. He graduated at age 16 from a

public defense system.

Memphis public school and won a scholarship to a private, Presbyterian college called Southwestern

GIDEON V. WAINWRIGHT

(now Rhodes College). By age 19, he had finished

In the summer of 1910, Fortas was born in Memphis.

his undergraduate degree in political science at

That same summer, another child was born in

the top of his class.

Missouri. The intersection of their lives, some 50 years later, would transform the U.S. justice system.

But, up to that point, their paths could not have been more different.

Clarence Earl Gideon was born into poverty and dropped out of school in the 8th grade. At age 13, Gideon had his first encounter with the law, when his mother reported him for running away from

SITE OF FORTAS HOME

Fortas earned a scholarship to Yale Law School and would graduate second in his class. (Incidentally, the

JUSTICE ABE FORTAS

Court disagreed. But the U.S. Supreme Court would hear his case. Fortas was appointed his counsel. In the end, the Supreme Court sided with Gideon.

home. Throughout his life, Gideon cycled in and

This decision firmly established that the Sixth

out of jails and prison, mostly for petty crimes. In

Amendment provides the right to counsel for all

1961, he was accused of a theft that would result in

people facing a deprivation of liberty, regardless

the improbable: A Yale-educated attorney would

of their ability to pay. The Court

advocate for a poor, small-time offender before the

further held that providing counsel

U.S. Supreme Court. And they would win.

for indigent defendants is an

top Yale Law grad that year was another Memphian.)

Fortas would stay on at Yale as a professor. He took his first government position as an adviser to the Securities and Exchange Commission and later became undersecretary of the U.S. Department of the Interior.

“This is a place where justice has and should mean something. And Abe Fortas is a product of this place.” STEPHEN BUSH

In 1946, Fortas left the public sector to found Arnold,

In the summer of 1961, someone broke into the

essential element of a fair trial, and that the 14th

Fortas & Porter. The firm would grow into one of

vending machine and jukebox of a seedy pool hall in

Amendment makes states responsible for meeting

D.C.’s most prestigious, specializing in corporate law.

the Florida Panhandle. A neighbor claimed he saw

this mandate. The Gideon decision created and

Although Fortas reportedly enjoyed the financial

Gideon walking near the bar with a large amount of

expanded the need for public defenders across the

rewards and social connections this work provided,

change in his pocket. No stranger to law enforcement

country which, until this time, was a small part of the

he also tackled numerous civil rights and criminal

in the area, Gideon was arrested and charged. He

criminal justice system.

defense matters. These were not popular cases. He

asked for a court-appointed attorney because he

tangled with Senator Joseph McCarthy when Fortas

could not afford one. His request was denied.

represented an accused Communist sympathizer. In

Armed with his middle-school education, Gideon

Durham v. United States (1953), Fortas reintroduced

was forced to defend himself. He lost and was

psychiatric testimony into court proceedings. That

sentenced to five years.

landmark decision provided criminal defense attorneys with the ability to use evidence about a client’s mental state in an insanity plea.

Coincidentally, Fortas’ hometown had created a public defender’s office decades before Gideon. In 1917, Fortas would have been in grade school when a young Memphis lawyer and Tennessee state legislator helped establish the Shelby County Public

From his Florida prison cell, Gideon filed a hand-

Defender’s Office. Samuel O. Bates was determined

written brief arguing that the lack of an appointed

that impoverished defendants should have a right to

attorney was unconstitutional. The Florida Supreme

an attorney. His will stemmed from a 1915 murder 12

in which a black man was charged with killing a

But it was a street, just a few blocks from where he

white woman in Dyer County, Tenn. The racially

grew up, that would provide Fortas money and

charged case was moved to Memphis, and Bates

popular acclaim—Beale Street. A

was appointed counsel. He spent $500 of his own

hub of both black and white

money to investigate the crime and discovered

commerce, prostitution,

what Dyer County police could or would not find—

drugs, and, of course, jazz

the woman’s husband had killed her. Bates won the

and blues, Beale Street was

case, and the man was freed. A few years later, Bates

where Fortas would turn his

was elected a state senator and introduced legislation

classical training into profit. He

that provided Memphis with only the third public

became such an accomplished

defender’s office in the country.

musician that he earned the

“In the early 1900s, the people of Memphis knew that if you faced incarceration, you had the right to an attorney, even if you were poor,” says Stephen Bush, Shelby County’s chief public defender. “The man who argued Gideon v. Wainwright grew up in a city with an established right to counsel. How might that have shaped a young Abe Fortas and his expectations of our country’s justice system? Memphis is the place where public defense pre-dated Gideon by more than four decades. This is a place where justice has and should mean something. And Abe Fortas is a product of this place.”

name Fiddlin’ Abe. In the book “Goin’ Back to Memphis: A Century of Blues, Rock ’n’ Roll and Glorious Soul” (1996) by veteran journalist James Dickerson, Fortas is referenced as one of the most dominant Beale Street musicians of the 1920s. At age 13, Fortas started his own band. They were so successful that they eventually earned $8 a show. On Beale Street, where musicians were often paid in coins, this made him one of the highest paid Beale Street musicians at that time.

Although Fortas was memorialized with music on a national stage, the history books have not been so kind; that is because Abe Fortas holds the unenviable title of being the only Supreme Court justice ever to resign amid accusations of wrongdoing.

FIDDLIN’ ABE FORTAS What we do know with certainty is how Fortas was shaped by Memphis music. Throughout his high school and college years, Fortas worked in family businesses and earned money playing music. His father was an amateur musician and encouraged his son to play the violin. Fortas took lessons from nuns at St. Patrick’s Church, which was located just a few steps from his house.

13

Fortas’ love of music would travel with him. In Washington, he played casually with noted artists and became President Johnson’s unofficial minister of culture. He wrote the legislation to establish the Kennedy Center after JFK’s death. When Fortas died in 1982, a memorial concert was held for him at the Kennedy Center.

His dear friend, legendary violinist Isaac Stern, played at the ceremony.

ABE FORTAS AND LYNDON B. JOHNSON

Although Fortas was memorialized with music

court. Fortas declined again, but President Johnson

to have his most trusted adviser lead the court. In the

on a national stage, the history books have not

nominated him anyway.

summer of 1968, against his friend’s wishes, once

been so kind; that is because Abe Fortas holds the unenviable title of being the only Supreme Court justice ever to resign amid accusations of wrongdoing. The scandal is muddied by politics and unanswered questions, but for a sitting Supreme Court justice, even the appearance of scandal can be enough to reframe a legacy.

When Fortas’ nomination was accepted on August 11, 1965, he gave up his lucrative private practice to earn $39,500 a year and take a seat on one of the most revolutionary judicial courts in history—the Warren Court led by Justice Earl Warren. While Fortas’ loyalty to Johnson may have initially led some to see him as a puppet for the president, the newest

again, Johnson nominated Fortas. This time, it was for the chief justice of the U.S. Supreme Court. Penn State political science Professor Bruce Allen Murphy documented the events that would unravel all that had been built in “Fortas: The Rise and Ruin of a Supreme Court Justice” (1988).

Fortas returned to the bench, but the scandal was not over. Life Magazine revealed that just before accepting his nomination to the court, Fortas had signed a $20,000 retainer for unspecified legal advice from a Wall Street financier. The client, Louis Wolfson, was under investigation for stock fraud. The story alleged the retainer was intended to buy Fortas’ influence to thwart criminal charges or request a presidential pardon, if needed. Fortas denied ever trying to intervene for Wolfson. He also returned

FORTAS AND JOHNSON

FRIENDS (AND ENEMIES) IN HIGH PLACES The friendship between Fortas and a future president began in the 1930s. When Fortas was with the Interior Department, he met a brash Texas congressman named Lyndon Baines Johnson. Johnson would occasionally seek legal advice from Fortas, but the Memphian’s role as trusted adviser would solidify in 1948. A federal judge had overruled Johnson’s

justice immediately established himself as a strong progressive voice. He quickly became a champion of juvenile justice, writing the majority opinions in Kent v. United States (1966), which extended due process rights to children. The next year, Fortas took his advocacy for children further in In re Gault (1967), which provided children similar constitutional protections as adults, such as the right to counsel

the money.

But this was 1969. The previous year, Johnson had decided not to run for another term, under the cloud of the Vietnam War, sinking popularity, and failing health. Richard M. Nixon was now in the White House. Fortas’ close friendship with Johnson, and now two scandals involving money, placed the already embattled Supreme Court squarely in the crosshairs of a splintered Democratic party and

and the right against self-incrimination.

newly empowered Republicans.

of voter fraud. Fortas successfully convinced the

Fortas consistently sided with the liberal wing of

Digital Image ©2010, Memphis Public Library & Information Center.

Supreme Court to overrule the decision, clearing

the party. Some of the most famous cases involved

All rights reserved.

the way for LBJ to become a U.S. senator.

the rights of students to protest the Vietnam War

Democratic primary Senate win based on allegations

When Johnson ascended to the White House, he wanted to take his most trusted adviser with him, but Fortas resisted a return to public life. He turned down Johnson’s attempts to make him U.S. Attorney

Cont’d on pg 27

(Tinker v. Des Moines Independent Community School District, 1969), and a decision against states’ rights to bar the teaching of evolution in public schools (Epperson v. Arkansas, 1968).

General. When President Johnson “promoted” Justice

Just three years into his lifetime appointment,

Arthur Goldberg to an ambassadorship, he did so

Fortas was on his way to becoming one of the most

with the goal of placing his friend and adviser into the

influential justices in the court’s history. But ambition

position. Johnson was concerned that portions of his

and money would reverse the course of that trajectory.

“Great Society” reforms were in danger of being ruled

When Chief Justice Warren announced his plans to

unconstitutional and wanted a strong ally on the

retire, President Johnson saw this as an opportunity

BEALE ST. CIRCA 1920 14

With three microbreweries—High Cotton Brewing, Wiseacre Brewing Co., and Memphis Made Brewing Co.—having opened their taps within the past year, it seems as though Memphis has caught onto something that locales such as Asheville, Boston, Denver, and Nashville have known for a while, that craft beer is good for the souls of both the individual and the community. Yet, for all of the quickly earned popularity and ensuing civic pride surrounding these new microbreweries, there were a variety of zoning issues and archaic laws that were obstacles to this movement coming to fruition in Memphis. Several Memphis Law alumni and passionate citizens, ranging from brewers to attorneys and city personnel, worked together to ease these barriers in a friendly, non-adversarial discourse that should protect businesses and neighborhoods in the future, as well as create a new sense of community and surge of economic development in the city.

15

Despite the movement bubbling under the surface here in Memphis, and practically overflowing in other areas of the country, the Memphis zoning code did not anticipate such enthusiasm.

“It classified breweries in one sweeping definition, and that’s the old-fashioned, very noxious, huge, million-square-foot brewery,” says Josh Whitehead, planning director for the Memphis & Shelby County Office of Planning and Development and a Class of 2005 University of Memphis School of Law graduate.

ideas; it really is a quality-of-life issue,” says Maria

the Unified Development Code, promotes

Fuhrmann, special assistant to Mayor A C Wharton.

pedestrianism and tighter urban neighborhoods,

The first order of business was to define the elements being discussed, mainly microbreweries, taprooms, and a variety of language in the city ordinances. A microbrewery, according to the

and it does do that, but in this context, it was just doing the same thing its predecessor zoning code was doing and separating uses that maybe no longer need to be separated,” Whitehead says.

Brewers Association, is defined as a brewery that

Having the zoning designation changed from light

produces fewer than 15,000 barrels of beer a year.

industrial to commercial projects was “one of the

A barrel is 31 gallons or two kegs. The three micro-

least controversial” aspects of the various overhauls

breweries currently up and running either have or

that were happening at the time, says Brice

plan to have tasting rooms or “taprooms,” gathering

Timmons, co-owner of High Cotton Brewing, in the

Because of such a designation, microbreweries

spaces where customers can order and drink beer

Edge District. More than a brewer, he is an attorney

would be relegated to out-of-the-way areas of town,

on the premises or purchase growlers (sealed 64-

with Black McLaren Jones Ryland & Griffee P.C. and

without foot traffic and consumers. But the new

oz. glass jugs) to take away. Such a room needed

a 2010 graduate of Memphis Law, and has worked

microbreweries have plans beyond just the brewing

defining as well, and is done so in Section 9 of

extensively on redrafting the city’s beer codes.

of beer. They open themselves to the public,

the amendment to the City of Memphis code

welcoming the community they are a part of to

of ordinances in accordance with the Unified

sample beers and educating their customers. In the

Development Code. The amendment states that

parlance of urban planning, such destinations are

“…a Brewery tasting room is an adjunct to the

called “third places.” It isn’t home; it isn’t work—it’s

primary business of manufacture and sale to

that place people gather to talk about home and

wholesale or retail establishments. It being the

work, to share their dreams and hopes and air their

intent of this ordinance to encourage the growth

troubles. It is a concept that’s paramount, not just

of local business and tourism while protecting

for the profit-seeking microbrewery owner, but also

the public welfare and morals.”

WHITEHEAD

for communities, and its necessity is seen from the bottom to the top, from the friends meeting after work in order to decompress, to the offices of government leaders. “We want to create, and encourage businesses to create, interesting places and spaces for people to walk, for people to bike… and gather and talk and

get to know each other and exchange

Once these terms were understood, it had to be decided just where such an establishment could actually be located. For these microbrewers, anything other than a commercial district with nearby neighborhoods would not fit the business model of a third-place destination.

“We preach about how the new zoning code,

The larger problem came with the beer code itself, which didn’t provide for a bar or restaurant without having at least 40-percent food sales. Microbreweries are, by nature, mostly wholesale and partially retail.

With a brewpub like Boscos, and its extensive menu, this wasn’t an issue, but none of the newbies in town had any interest in a kitchen or menu.

16

as a package. It was the first amendment to

“We’re in the beer brewing business, we don’t want to be restaurants.”

the alcohol code in many years and, he said, “probably the first of many amendments.”

It was imperative that the distinctions between breweries, those solely in the business of crafting beers for (mostly) wholesale distribution, and a normal restaurant or bar be put in black and white

“You had to be a restaurant serving meals at tables

alcoholic beverage other than beer manufactured

with a full menu; it wasn’t as basic as serving

on the premises; it does not derive more than 25

something to just sort of snack on,” Timmons

percent of its gross annual income from the sale

says. “I think the law actually says ‘meals consisting

of beer for consumption on the premises; it does

of at least one meat and one vegetable,’ so you

not open to the public for any period between the

can’t even be a vegetarian restaurant and serve

hours of 12:00 a.m. and 12:00 p.m.; and it must

beer, technically.”

offer water or other non-alcoholic beverages at

He and Whitehead were able to have the city

no cost.

amend the code to exempt microbreweries from

Bars and purveyors of beer and alcohol, in

that requirement when they were operating

the current code, must adhere to a distance

within certain norms.

requirement of a 250- to 500-foot radius from

Thanks to these Memphis Law alums, a microbrewery is now allowed to serve beer without the required food sales, as long as specific provisions are maintained. These provisions state that the microbrewery must not engage in the sale of any

and on the books from the beginning. Laws within

churches, parks, libraries, or schools. The amended code allows for a microbrewery’s taproom within that distance, as long as it adheres to the provisions stated above, as well as remaining “closed to the public on Sundays, and if located within such radius of a school or residential dwelling, shall remain closed to the public on Sundays and

ANDY ASHBY + DREW BARTON MEMPHIS MADE BREWING CO.

shall close to the public each Monday through Thursday no later than 10:00 p.m., this section

the city’s alcohol code, what Whitehead says are

being intended to prevent traffic congestion, to

“zoning-like” regulations, apply to the situation.

reduce noise and to protect the public welfare

When that code says a bar has to be a certain

and morals of the community.”

number of feet away from a church or school or

“All of the things that you would probably want any good business neighbor in your community to do, we tried to include in the code,” Timmons

HIGH COTTON BREWING

17

used as such, the restrictions could still apply, and that is language usually found in the zoning code.

says, adding, “But what we worked with the city to

“But in our alcohol code, you find that language

do is to eliminate regulations that were specifically

and that presents a problem (because) the

oppressive to our industry or forced us to be in

zoning code has something called the ‘board of

a different business. We’re in the beer brewing

adjustment,’” Whitehead says. “In Tennessee,

business, we don’t want to be restaurants.”

alcohol commissions, or beer boards, do not have

Whitehead presented the new amendments to BRICE TIMMONS

park, even when that property may no longer be

that discretion.”

the Unified Development Code and those to

There is no right for the beer board to grant a

the alcohol code to the Memphis City Council

variance for any exceptional circumstance. When

Memphis Made. Barton has a degree in zymurgy

a beer-based business going forward will, at the

management from the University College at the

very least, be able to go into it with full knowledge

University of Memphis and may be the only person

of what is allowed and what is not.

in the school’s history to graduate with a degree in beer. He worked for more than three years as head brewer for French Broad Brewery in Asheville, N.C. Like the Bartosch brothers, he came back to Memphis to invest in his hometown, evidenced by the renovation of a 6,500-squarefoot former pie factory in Cooper-Young that Memphis Made calls home.

DAVIN + KELLAN BARTOSCH WISEACRE BREWING CO.

The economic positives are easy to enumerate, beginning with the economic investment notable within each community. Wiseacre has invested just

such boards across the state have granted them

over $1 million in its 13,000- square-foot facility with

in the past, those decisions get thrown out.

High Cotton putting in half of that amount, and

“The courts have been pretty unanimous in their

Memphis Made half again. Each new microbrewery

disagreement with alcohol commissions acting in

has plans to hire additional workers as their business

that manner,” Whitehead says.

plans expand. Ghost River employs more than a

The changes in Memphis are happening quickly, with microbreweries coming online, followed quickly by retailers that sell only craft beers by the drink, as well as growlers to take home. There is no provision for them, currently, under the beer laws, but the team is redlining the old laws to create a workable system to benefit the industry and ensure a level playing field to promote success.

“It’s about changing the culture of the city around beer,” Timmons says. He reaches back to beer laws from the 19th century: “There’s this concern that every time that you sell beer, you’re running the risk of a moral hazard, that you could damage a community by creating an environment where vice will run rampant.”

dozen and has recently expanded its output,

Far from it, Timmons and the others see such

doubling production to 12,000 barrels a year,

businesses as boons for a neighborhood and the

with an investment to the tune of $700,000.

city’s economy as a whole. Future laws are focusing

The general consensus, from the districts that are

While the fixed-distance requirement, as well as

on permits that apply to locally brewed beers in

seeing these breweries open up, to those that make

others, still exists in the code, Whitehead, along

nontraditional containers or through a tap. The

and change the laws, to the Mayor’s Innovation

with Timmons and Howard, and city attorney

laws need to be reflective of the current state of

Team, to the mayor’s office itself, seems to be that

Roane Waring, III, have worked to grant an

business, as well as open to what might be on the

this is a good thing for the communities and the city

exemption from those distance requirements for

horizon, and the laws are being rewritten with such

as a whole.

microbreweries. The work doesn’t stop there,

generalities considered.

Despite the new wording, and what Kellan Bartosch, co-owner of Wiseacre, calls an “opportunity for progress” when it comes to the archaic laws governing beer and alcohol in the city, when he and co-owner, brother Davin Bartosch, took their concept for Wiseacre and their taproom in front of the beer and alcohol commission—the first to do so—there was some confusion.

“But nobody was really that pushy,” Kellan says.

“Aubrey Howard [administrator of the city’s permits office] knew that this was the first one, so he was kind of fielding questions and helping us go through the process.”

In the Cooper-Young neighborhood, partners Drew Barton and Andy Ashby are under way with

however, and a complete rewriting of the beer code is under way. The intent is to begin with a kind of baseline ordinance, so that those wishing to open

The team working on the new codes is working with all governmental parties concerned, and,

Cont’d on pg 30 18

TRUE BLUE ALUMNI SPOTLIGHT

EDWARD L. STANTON, III Edward L. Stanton, III, is a lifelong Memphian and graduate of the University of Memphis Cecil C. Humphreys School of Law, where he received his J.D. in 1997. In April 2010, Stanton was nominated

by President Barack Obama for the position of U.S. attorney for the Western District of Tennessee and was sworn into office in August of that same year. Prior to becoming U.S. attorney, Stanton ®

served as senior counsel with FedEx , where he was a member of the commercial litigation team.

He also served as an assistant city attorney for the city of Memphis and was in private practice with two Memphis firms.

“I am deeply invested in making this city and community a better place, so being U.S. attorney is more than just a job for me.”

19

U.S. Attorney Stanton is a former president of the Ben F. Jones Chapter of the National Bar Association and has served as a board member of the University of Memphis School of Law Alumni Chapter, as a fellow of the Memphis and Shelby County Bar Foundation, and on the board of the Downtown Memphis Commission.

ML: Who has been your greatest inspiration, both personally and professionally? What influences and teachings has he or she imparted to you?

ML: What led you to the U.S. Attorney’s Office? grader at Idlewild Elementary, public service has

ML: Was staying in Memphis important to you when making your career choice?

How does being from Memphis help drive your passion to serve the community?

Edward L. Stanton, III: My parents have been

always been a passion of mine. It was an honor

ES: Absolutely! From preschool to law school, I was

the greatest and most important influence on my

to even be considered for the position of U.S.

educated right here in Memphis. The University

life. I continue to aspire to the model of integrity,

attorney, and I was deeply humbled when President

of Memphis School of Law provided me with a

character, and work ethic that they set for me.

Obama nominated me. While it was hard to leave

top-notch legal education at an affordable rate,

They’ve made countless sacrifices for me and have

a company for which I truly enjoyed working, the

and it prepared me well for the rigors of being

always taught me to put faith and family first. As

opportunity was simply one I could not pass up.

a practicing attorney. When I graduated, I

for inspiration, my wife and kids are my greatest influence. I am motivated by them (and learn from them) each day. Professionally, former Shelby County Circuit court judge, the late James E. Swearengen, was an influential mentor of mine.

I had the privilege of being a law clerk for this trailblazing pioneer who was also one of the first African-American graduates of the University of Memphis School of Law.

ES: Since serving on the student council as a fifth-

ML: What do you find most challenging about the legal landscape in the Western District?

ES: From my perspective, the biggest administrative challenge our office faces is the federal government’s budget climate. My staff is constantly asked to do more with less, and the combination of sequestration, the government shutdown, and the department’s hiring freeze has been difficult.

dedicated myself to serving this community, in particular. Of course, Memphis is a city with a distinct character, great people, and enormous potential. Most important, Memphis is where I live, work, and worship, and it is where my wife and I choose to raise our family. I am deeply invested in making this city and community a better place, so being U.S. attorney is more than just a job for me.

But fortunately, the U.S. Attorney’s Office has a dedicated and talented staff of public servants, and we have not and will not let the budget challenges

“I have always wanted to be an agent of change and to advocate for those in the community who need someone to stand up for them.”

compromise our mission of protecting the vulnerable and seeking justice.

ML: What were the most important lessons that you took from your time with FedEx as senior counsel to your position as U.S. attorney?

ES: Working at FedEx, one certainly learns a lot about global commerce and how interconnected today’s world is. The world is a lot smaller than it used to be, thanks to the internet and technological advances. As

ML: Why did you go to law school?

the chief federal-law-enforcement officer in the

ES: I have always wanted to be an agent of change

district, I have seen how this interconnectedness,

and to advocate for those in the community who

unfortunately, is no different for those engaged

need someone to stand up for them. Law school at

in crime. Whether, it’s human trafficking, financial and

the University of Memphis provided this opportunity.

healthcare fraud, or the distribution of dangerous drugs,

Notwithstanding all the lawyer jokes you might

criminals are crossing state and national borders more often.

hear, I still believe law is one of the most noble

Although these criminals are using new tools and techniques to

of all professions. From the Bill of Rights to civil

try to stay ahead of the authorities, we and our law-enforcement

rights, lawyers have always been on the front lines

partners work diligently to hold them accountable and

of making this country and world a better place.

bring them to justice.

20

A DAY AT MEMPHIS LAW with U.S. Supreme Court Justice

ANTONIN SCALIA

United States Supreme Court Justice Antonin Scalia spent a day in Memphis in December 2013, devoting his time to Memphis Law faculty, staff, students, and the legal community at a variety of events.

21

Perhaps what was most impressive about the justice’s visit was the amount of time he devoted to sharing his thoughts with students and the legal community. The justice spent close to eight hours speaking to various audiences and opened all of his programs up to a unique question-and-answer format that resulted in some interesting insights.

Constitution and the role of the judiciary were

At all of his stops in Memphis, Scalia displayed an

among the highlighted topics at each stop.

easy, sometimes slightly sardonic sense of humor,

“Gridlock is what the Constitution is designed for,

with an affable demeanor. During the Q & A

so that only good legislation can get passed,” he

session at the Peabody luncheon, an audience

said in his speech at the Peabody luncheon. The

member who was asked to pose a question to the

justice went on to stress that the Constitution’s

justice stood up and praised the justice for his

provisions for separation of powers are what gives

work and inspirational decisions. After hearing

American democracy its enviable uniqueness, its

him out patiently, Scalia observed humorously,

“structure,” emphatically pointing out that this

“That wasn’t a very good question.” Later in the

structure is not to be found in the Bill of Rights,

day, he was asked by a student if he had read a

but in the original frame of the Constitution—

tome by liberal Justice Stephen Breyer, “Active

that which allows for two contending legislative

Liberty,” to which Scalia answered wryly, “I’ve

chambers, an executive with separately derived

scanned his book.”

authority, and an independent judiciary. Scalia stated that it is this basic structure that “prevents the concentration of power in one person, in one party,” he pointed out to audiences throughout the day. “All of the rest is just words on paper,” Scalia said. The justice also emphasized that, while the Supreme Court of the United States

The whirlwind of events included a private lecture

makes important decisions about federal matters,

with faculty and staff in the law school’s Historic

it is really the state Supreme Courts that make

Courtroom, a VIP reception at the Peabody

the biggest difference in the daily lives of most

Memphis with state and federal judges and

Americans. It’s these courts, as well as the House of

Memphis Law Alumni Chapter board members,

Representatives, that really have their finger on the

a public luncheon at the Peabody with over 800

pulse of what is going on in the country, according

guests, a small-scale reception and Q & A at the

to Scalia.

law school with student leaders, and an hour-long program in Wade Auditorium with the entire student body.

“What was most impressive to me was his interaction with our students. He really does view law students as his primary audience.” PETER LETSOU Scalia touched on several key points throughout the day, echoing his opinions and sentiments about a variety of issues at each event. Gridlock, originalism, the structure of our government, the

This historic visit successfully captures the positive momentum that the law school has experienced in recent years. Students and alumni alike praised

Dean Peter Letsou was impressed not only by the

the event, regardless of their personal or political

justice’s busy schedule, but also by his ability to

views, stating that it was simply a monumental

interact with law students in a relatable, yet

occasion that our law school could bring someone

impressive manner. “I think he was a great example

so prestigious in to speak with the students and

of himself. He has some strong views and he

the legal community in such a variety of formats,

says them forcefully and clearly,” Dean Letsou

and with such direct interaction.

remarked. “What was most impressive to me was his interaction with our students. He really does view

While everyone at Memphis Law was ecstatic about

law students as his primary audience. He dissents a

how the day turned out, with students and alumni

lot and turning younger minds, at least letting them

beaming with pride for their school, Scalia gave

understand his views directly from his mouth—I

one final glimpse into his unique personality.

think it’s important to him. He didn’t have to field

Summing up his visit, the justice characterized his

so many questions, yet he did, and he did so in a

mission this way: “I go around to law schools just to

manner that actually taught students something

make trouble.”

and challenged them to think about their answers.”

22

IN THESE HALLS: FACULTY ACCOMPLISHMENTS ALENA ALLEN Professor Allen was one of four authors selected to present an article at the Health Law Scholars Workshop by the American Society for Law Medicine and Ethics at St. Louis University. She also recently published an article titled “Regulating Health and Wealth” in the Cardozo Law Review.

Professor Allen was also admitted to participate in the George Mason LEC Economics Institute for Law Professors in June 2014.

LYNDA WRAY BLACK Professor Black’s article “The Birth of a Parent: Defining Parentage for Lenders of Genetic Material” was accepted for publication by the Nebraska Law Review in the June 2014 volume. In addition, Professor Black will be part of a SEALS 2014 Discussion Panel on the topic “Designing an Estate-Planning Course.”

JEREMY BOCK Professor Bock’s article “Error-Correction at the Federal Circuit” from the N.Y.U. Journal of Intellectual Property and Entertainment Law was selected via competitive blind review for presentation at the 6th Annual Junior Scholars in Intellectual Property Workshop at Michigan State University College of Law in October 2013.

AMY CAMPBELL Professor Campbell co-authored the article “Interprofessional Education for Future Physicians: Including Legal Competencies” in the Medical Science Educator, relating to her work with the ASLME Health Law Professors’ Conference, and planned additional grant-funded task-force work.

23

After the distribution of this article, Professor Jones was invited to participate in the 6th Annual Privacy Law Scholars’ Conference in June 2013 at Berkeley Law School. The Conference was sponsored by the Berkeley Center for Law & Technology and the George Washington University Law School. Professor Jones presented her paper “Locked Collections: Copyright and the Future of Research Support” at the Workshop on Legal Information and Information Law and Policy. This paper was accepted for publication in Law Library Journal. In August 2013, Professor Jones presented another paper topic at the 14th Annual Intellectual Property Scholars’ Conference held at the Benjamin N. Cardozo School of Law in New York City. The incoming president of the American Association of Law Libraries (AALL) recently appointed Professor Jones to serve as the vice chair/ chair-elect of the AALL Copyright Committee.

BORIS MAMLYUK Professor Mamlyuk participated in an academic conference titled “Russia Between Asia and Europe” in Moscow and Perm, Russia, from May 27 to June 2, 2013. The conference was organized by Rossotrudnichestvo, under the jurisdiction of the Russian Ministry of Foreign Affairs. Professor Mamlyuk also participated in the Institute for Global Law and Policy Conference and Colloquium at Harvard Law School from June 2 to June 8, 2013. He presented remarks on a forthcoming article (with Dr. Karolina Zurek) titled “Political Economy of a 21st Century Corporate Mass Merger: WalmartMassmart and the Future of Global Governance.”

DONNA HARKNESS Professor Harkness’ article entitled “What Are Families for?

Re-Evaluating Return to Filial Responsibility” appeared in Vol. 21, Issue 2 of The Elder Law Journal. Professor Harkness also spoke on the topic “Ethical Considerations When Representing the Elderly Client” as part of the National Business Institute’s CLE program in October 2013 on Resolving Legal and Financial Issues in Elder Care.

ANDREW McCLURG Professor Andrew McClurg’s article “Preying on the Graying: A Statutory Presumption to Prosecute Elder Financial Exploitation” will be published in the Hastings Law Journal.

Professor McClurg’s proposed statute has been incorporated by the Florida Task Force to Strengthen Laws to Protect Vulnerable Adults as part of its recommendations for legislative action.

Professor McClurg was a panelist at the Plough Foundation’s breakfast event, The Silent Epidemic: Elder Maltreatment and Victimization—A Community Response. Among the other panelists was University of Memphis law graduate Amy P. Weirich, district attorney general for Shelby County.

D.R. JONES Professor D.R. Jones’ article “Protecting the Treasure: An Assessment of State Court Rules and Policies for Access to Online Civil Court Records” was published in the Drake Law Review in 2013. The article was distributed in the LSN Information Privacy Law eJournal, the LSN Cyberspace Law eJournal, and the LSN Information & Technology eJournal.

STEVE MULROY Texas Tech Law School hosted Professor Mulroy in a faculty exchange through the South Central Association of Law Schools. He spoke on “Raising the Floor: Constitutional Principles on the Public Policy Exception to the Employment at Will Doctrine,” which will be published by Florida State Law Review, co-authored by Amy Moorman of Elon Law.

DANNY SCHAFFZIN Professor Danny Schaffzin’s article “Warning: Lawyer Advertising May Be Hazardous to Your Health! A Call to Limit Commercial Solicitation of Clients in Pharmaceutical Litigation” will be published in a forthcoming issue of the Charleston Law Review. During the 2013 Southeastern Association of Law Schools (SEALS) Annual Conference, Professor Schaffzin made two invited presentations as part of the Conference’s Workshop on Experiential Education: In a discussion group session entitled “Experiential Legal Education—Assessing the Present and Imagining the Future,” he presented an essay entitled “So, Why Not an Experiential Law School?” The essay will be published in a forthcoming issue of the Elon University Law Review. In a panel program entitled “Hot Button Issues in Field Placement Courses,” he presented on the topic of “Classroom Is Crucial: The Importance of the Externship Seminar Component in the Advancement of Field Placement Pedagogy.”

Professor Schaffzin served on the Planning Committee for the Clinical Legal Education Association’s New Clinicians Conference in San Juan, Puerto Rico, and, along with Professor Margaret Moore Jackson, presented “Clinical Legal Education: The Lay of the Land” at the Conference in April 2013. Professor Schaffzin presented a poster entitled “Clinic Student as Teacher: Developing Professionalism and Transferrable Skills Through Student-Led Community Workshops” at the AALS Clinical Conference in San Juan, Puerto Rico, in April 2013.

JODI WILSON Professor Wilson’s latest article, “Proceed with Extreme Caution: Citation to Wikipedia in Light of Contributor Demographics and Content Policies,” was published in the Vanderbilt Journal of Entertainment and Technology Law in early 2014.

CHRIS ZAWISZA Professor Zawisza made the following two presentations: “Trial Skills for Children in the Courtroom,” Memphis and Shelby County Juvenile Court CLE, October 18, 2013; and “Legal Issues in Education Law,” at the University of Memphis Department of Education Student Teaching Seminar, in October 2013.

Professor Zawisza was also a Tennessee trainer for the National Institute for Trial Advocacy/Tennessee Administrative Office of the Courts program on Trial Advocacy for the Child Welfare Attorney in July of 2013 in Murfreesboro, Tenn.

Professor Zawisza also gave two presentations in Amsterdam, in the Netherlands in 2013, at the 33rd International Congress on Law and Mental Health. The first, with Professor D’lorah Hughes from the University of Arkansas School of Law, was titled “Teaching Cross-Cultural Competence in Law Schools: Understanding the ‘Self’ as ‘Other.’” The second was titled “Therapeutic Jurisprudence Marries the Rules of Professional Conduct: The Alternative Spring Break Model.”

SPRINGFIELD FAMILY

The Cecil C. Humphreys School of Law has a long history with Jim Springfield (LLB ’60) and his family. The family’s patriarch, C. L. Springfield, Sr. (LLB ’31), started the tradition, before the school was even officially a part of the University of Memphis. Spanning four generations, the Springfield family is an example of dedication and support to Memphis Law. Members of the Springfield family stopped by Memphis Law recently to visit our history room (where an original photo of C. L. Springfield, Sr., resides) and have a photo made commemorating their legacy. The family has taken steps to ensure that other Memphis Law students receive valuable financial support to attend Memphis Law and has provided a scholarship to incoming 1L students.

’31 ’60 ’83 2L

C. L. Springfield, Sr., LLB, University of Memphis School of Law, June 1931 James F. Springfield, Sr., LLB, University of Memphis School of Law, January 1960 Sidney Springfield Evans, JD, University of Memphis Cecil C. Humphreys School of Law (Presidential Scholarship), May 1983 Robert Scott Evans, 2nd-year law student, University of Memphis Cecil C. Humphreys School of Law (Presidential Scholarship) 24

ALUMNI: SETTING THE BAR

1968

The Hon. Richard McCully was awarded the 2013 Outstanding Alumnus Award by the University of Memphis College of Arts and Sciences Alumni Chapter.

1970

John I. Houseal, Jr., from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of mediation, construction litigation, healthcare law, and insurance law. Mr. Houseal was also named a Top Lawyer in American Lawyer/ Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare” and was recently selected for inclusion in Mid-South Super Lawyers in the areas of healthcare, insurance coverage, and construction litigation.

1972 1973

1977 1978

M. Anderson Cobb, Jr., from the firm of Harris Shelton Hanover Walsh, was listed in the 2014 edition of The Best Lawyers in America and selected as the vice chancellor of the Episcopal Diocese of West Tennessee.

Clyde Crutchfield earned his certification as a Section 31, listed general litigation mediator.

Douglas Earthman was listed as a leading U.S. Attorney in the areas of real estate and secured lending in the Chambers USA 2013 guide.

He was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of real estate law, securitization, and structured finance law. Mr. Earthman was also recently selected for inclusion in Mid-South Super Lawyers in the areas of bonds/government finance and real estate.

1979

John Noland, of the firm Henderson, Franklin, Starnes & Holt, was selected for inclusion in the 2013 Florida Super Lawyers magazine.

Ralph Thomas was recently named to the Order of the Palmetto— the highest civilian honor in the state of South Carolina.

1974 1976

James D. Wilson, from Harris Shelton Hanover Walsh, was listed in the 2014 edition of The Best Lawyers in America and named a Mid-South Super Lawyer in 2013. Mr. Wilson was also named a fellow of the American College Trial Lawyers.

James L. Kirby was selected for inclusion in the 2014 edition of The Best Lawyers in America and was named a Mid-South Super Lawyer by Mid-South Super Lawyers magazine in 2013.

W. Steven West was named a Top Lawyer in American Lawyer/ Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare.”

1977

Charles W. Hill, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of commercial litigation, labor and employment litigation, and employment law. Mr. Hill was also recently selected for inclusion in Mid-South Super Lawyers in the areas of employment and labor, securities legislation, and business legislation.

R. Hunter Humphreys was listed as a leading U.S. attorney in the areas of real estate and secured lending in the Chambers USA 2013 guide. Mr. Humphreys was selected for inclusion in The Best Lawyers in America (2014 edition) in the area of real estate law.

Hunter was also named as one of the Top Lawyers in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Banking & Finance Law,” based on Martindale-Hubbell’s AV Preeminent

25

Lancelot L. Minor, III, a partner with the Memphis law firm of Bourland Heflin Alvarez Minor & Matthews, was selected as a 2013 Mid-South Super Lawyer by the publishers of Mid-South Super Lawyers magazine.

Douglas P. Quay, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of corporate law and tax law.

Pauline Weaver was elected as delegate-at-large for the American Bar Association’s House of Delegates and recently received the Nelson Award from the ABA’s Government & Public Sector Lawyers Division for outstanding service to the ABA. Ms. Weaver was elected Treasurer of the Division. She was chosen as one of 100 Women Who Make a Difference—by the Center for Research on Women at the University of Memphis—and was an observer for the ABA to the Military Commission Hearings in Guantanamo (Cuba). Ms. Weaver is also the 2014 National Law Day Chair for the ABA. Jocelyn Wurzburg was recently awarded the Jocelyn D. Wurzburg Civil Rights Legacy Award at the 50th Anniversary of the Tennessee Human Rights Commission. Ms. Wurzburg was also recently inducted into the Tennessee Women’s Hall of Fame, alongside former University of Memphis President Shirley C. Raines. Ms. Wurzburg received the “Be the Dream” Martin Luther King, Jr., Legacy Award in early 2014, and the annual Grayfred Gray Mediation Award from the Tennessee Association of Professional Mediators in late 2013.

1980

Randall B. Womack, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of environmental law and environmental litigation. He was named in the same publication as the Memphis Lawyer of the Year for 2013, in the area of environmental litigation. Mr. Womack was recently selected for inclusion in Mid-South Super Lawyers in the area of environmental law.

1981

Steven Douglass was selected as a 2013 Mid-South Super Lawyer by the publishers of Mid-South Super Lawyers magazine and was listed in the 2014 edition of The Best Lawyers in America.

Edward J. McKenney, Jr., was named the Memphis Municipal Law “Lawyer of the Year” in the 2014 edition of The Best Lawyers in America.

Jim Summers, of Allen, Summers, Simpson, Lillie & Gresham, was selected by Mid-South Super Lawyers Magazine as a Mid-South Super Lawyer in the field of construction litigation for 2013. Mr. Summers was selected for inclusion in the 2014 edition of The Best Lawyers in America. Additionally, he was elected president of the Tennessee Association of Construction Counsel for 2014.

ratings, and was recently selected for inclusion in Mid-South Super Lawyers in the areas of real estate and business/corporate law.

Charles C. Drennon, III, was listed in the 2014 edition of The Best Lawyers in America.

Linda Warren Seely received the 2014 Marion Griffin-Francis Loring Award at the 2014 Association for Women Attorneys Banquet in January 2014.

1984

Lynn A. Gardner, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the area of real estate law.

1985

David Pickler was named the 66th president of the National School Boards Association on April 15, 2013. Pickler was also announced as the 2013 National School Board Member of the Year in September 2013. He accepted the prestigious Bammy Award, which “identifies and acknowledges the extraordinary work being done across the entire education field every day.”

1986

William L. Bomar, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of medical malpractice law and personal injury litigation. Mr. Bomar was named a Top Lawyer in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare.”

1987

This past November, the Department of Justice and the Attorney General awarded Steve Parker The John Marshall Award for Outstanding Legal Achievement for Participation in Litigation. The award was for the litigation of the United States v. City of New Orleans.

1988 1989 1990 1991 1993 1994

Rice Byars, Jr., was listed in the 2014 edition of The Best Lawyers in America. He was also named a member of the Estate Planning Council of Memphis for 2013 and a member of the Economic Club of Memphis.

Jim Strickland received the Public Servant Award in honor of Bobby Dunavant on February 27, 2013. This award was established to recognize distinguished work by public servants of the citizens of Memphis and Shelby County.

In November 2013, Michael E. Cross retired with 21 years of service, as a lieutenant colonel in the U.S. Army Judge Advocate General Corps (JAG), Tennessee Army National Guard. He served in Iraq, Germany, Korea, Italy, Kuwait, and Bulgaria.

Jim Simpson, of Allen, Summers, Simpson, Lillie & Gresham, was selected by Mid-South Super Lawyers magazine as a Mid-South Super Lawyer in the field of employment and labor for 2013.

2004 2005

1997 1998

Ronald T. Catelli was elected to the position of first vice-president of the Monmouth Bar Association, Monmouth County, New Jersey, in May 2013, and will assume the role of president-elect in May 2014, and president in May 2015. He was recently appointed to the New Jersey Supreme Court, District IX (Monmouth County), Fee Arbitration Committee.

Allison Gilbert was listed in the 2014 edition of The Best Lawyers in America and listed as a Mid-South Super Lawyer, Rising Star in 2012.

She is also a current board member and past president of the Ronald McDonald House of Memphis, and a recently named advisory board member of Lambda Alpha International, Memphis Chapter.

Brian L. Yoakum joined Evans Petree P.C. as a shareholder. Mr. Yoakum’s practice primarily focuses on commercial litigation and corporate law.

2006 2007 2009 2010 2012

Matthew J. Kirby was selected as treasurer of the technology section of the Memphis Bar Association for 2014.

Kyle I. Cannon was selected to the 2013 Tennessee Super Lawyers list as a Rising Star.

Jay Ebelhar was named as a new shareholder of the firm Baker, Donelson, Bearman, Caldwell & Berkowitz.

Jessica Benton was named to the 2013 Tennessee Super Lawyers list as a Rising Star.

Charles Holliday was named to the 2013 Tennessee Super Lawyers list as a Rising Star.

Harry Lebair, IV, of Allen, Summers, Simpson, Lillie & Gresham, was selected as a Mid-South Super Lawyer, Rising Star by Mid-South Super Lawyers magazine in the field of construction litigation for 2013.

Mark T. Jobe joined the firm of Glankler Brown as an associate.

Derek Carson, former law clerk for the Hon. Terry R. Means, U.S. District Judge, Northern District of Texas, Fort Worth Division, joined Cantey Hanger LLP as an associate. He will focus his practice within the firm’s general litigation section.

Rachel Militana joined the Tennessee General Assembly in the Office of Legal Services as a legislative attorney.

Razvan Axente joined the firm Shook Hardy & Bacon in Tampa, Fla. Joshua Baker joined the firm of Martin, Tate, Morrow & Marston.

Andrew Droke joined the law firm of McNabb, Bragorgos & Burgess, PLLC, in Memphis.

Christopher Lamberson was recently selected for inclusion in MidSouth Super Lawyers as a Rising Star in the areas of real estate, business/corporate, and mergers and acquisitions.

The Hon. Rachel Bell was recently elected to serve as Davidson County General Sessions judge for Division VIII (8). She was elected to fulfill the remaining two-year term from the vacancy left by her predecessor, Judge Leon Ruben.

Lewis Lyons was named a Rising Star by Mid-South Super Lawyers in 2013. He was invited to present a seminar at the Memphis Bar Association’s annual Bench-Bar conference in Destin, Fla., in May 2014, and was admitted to membership in the Transportation Lawyers Association in 2013.

Thornell Williams, Jr., was named a shareholder at Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

Shea Sisk Wellford was elected as secretary treasurer of the Memphis Bar Association.

Tanja Thompson, of the firm Littler Mendelson, was named the Employer co-chair for the ABA’s Committee on the Development of the Law Under the National Labor Relations Act and was one of the editors-in-chief of the labor law treatise “The Developing Labor Law,” 2013 Supplement to the 6th Edition.

Kannon Conway was named to the 2013 Tennessee Super Lawyers list as a Rising Star.

Tricia M.Y. Tweel was named as the vice chair for 2013 of the Memphis Bar Association, Probate and Estate Planning section.

Molly Glover recently joined the law firm of Burch, Porter & Johnson in Memphis. Her practice focuses on general litigation and mediation.

Kirk Caraway was elected President of the Memphis Bar Association for 2014. He was also selected as a “Super Lawyer” in the field of labor and employment by Law & Politics and was recently selected one of “Tennessee’s Top-Rated Lawyers” by American Lawyer Media.

Andy Wohlfarth was named a shareholder of Evans Petree P.C. His law practice focuses on estate planning, probate administration, and tax.

Tyler Smith was named a member of Leitner, Williams, Dooley & Napolitan, PLLC, in their Knoxville office.

Michael Cooley was promoted to VP and general counsel of Barr Brands International.

Jackson Lewis P.C., one of the largest workplace law firms in the world, representing management, announced that Richard (Rick) C. Paul joined the firm’s Memphis office as Of Counsel.

1999 2000 2001 2003

2003

Don L. Hearn was recently selected for inclusion in Mid-South Super Lawyers in the areas of business litigation, employee benefits/ERISA, and construction litigation.

Caroline Giovannetti joined the law firm of Harris Shelton Hanover Walsh in 2013 as an associate attorney. She was named the president of the Saint Agnes Young Alumnae Association in 2013.

2013

Zach Jones joined the firm of Stites & Harbison in the Construction Service Group.

Jake A. Kasser joined the firm of Glankler Brown as an associate in 2013.

Gavin Smith joined the Shelby County District Attorney’s Office.

Chase Teeples served in two recent clerkships, one with the Hon. Bernice B. Donald, circuit judge, United States Court of Appeals for the Sixth Circuit, in Memphis. The second clerkship (beginning in Sept.

2014) will be with the Hon. William O. Bertelsman, senior district judge, United States District Court for the Eastern District of Michigan, in Covington, Ky.

26

Student Profile: Holly Palmer Cont’d from pg 10

Abe Fortas Cont’d from pg 14 So, at the urging of several fellow justices, and to avoid the possibility of impeachment, Fortas resigned from the Court. His decision was based on his concern for the reputation of the Court and that of his wife, Carol Eggers, a prominent tax attorney. Fortas later said he also resigned to remove the focus from fellow justice and close friend William O. Douglas, who was also under investigation for accepting outside money. As a result of these scandals, the American Bar Association later revised its policies on Supreme Court justices accepting money from other sources.

Following his resignation, the law firm he helped found refused to hire him. Fortas managed to establish another successful firm, even arguing a case before the Supreme Court. He was awaiting the outcome of that case when he died of a heart attack in Washington, D.C., on April 5, 1982. Fortas was 72 years old.

“No one has time for pro bono. You have to make time. And I just want to be a part of helping people solve their problems.”

THE LEGACY OF ABE FORTAS Despite his hasty and humiliating departure from the Supreme Court, Fortas is honored with a painting at Yale University, his law school alma mater. Each year, his undergraduate school, Rhodes College, recognizes its top pre-law student with an award in his name.

“If you look back, what he was accused of seems technical and minor by today’s standards… and somewhat political. I think there’s a certain inclination to shun him in a way that is probably very unfair,” says Marcus Pohlmann, Rhodes political science professor and coach for the school’s mock trial team. “He was a very important jurist. His Supreme Court stint

ML: Discuss an instance that you’ve experienced while in law school that has made an impact on you and what you want to do with your career.

HP: During my 1L year, a friend convinced me to spend a Saturday morning volunteering at a general advice legal clinic by Memphis Area Legal Services (MALS). For the first portion of the morning, I spent time helping clients fill out forms and identify their basic legal issues. During the second half, I was assigned to an attorney and got to sit in on several client interviews. The rawness of this interview process surprised me. Several clients cried as they told their stories, or just seemed emotionally drained from the problems they were facing. Although this didn’t influence my intended career path, it made me realize the importance of pro bono work. The MALS Saturday legal clinic made me realize that I have a duty as a professional to provide access to the justice system for those of limited means. No one has time for pro bono. You have to make time. And I just want to be a part of helping people solve their problems.

27

was short and in other times, he probably would have survived. If what he accomplished is any indication, he might have been a giant.”

“If you look back, what he was accused of seems technical and minor by today’s standards… and somewhat political. I think there’s a certain inclination to shun him in a way that is probably very unfair.”

MARCUS POHLMANN

“What a man he must have been to rise… from where he started… to those heights. And to have the intellectual honesty to do what he thought was right in the courtroom, regardless of the consequences.”

DAVID A. COOK

David A. Cook, an alumnus of the University of

This past December marked one year since Shelby

Memphis School of Law and president of the

County signed an agreement to avoid a costly, drawn-

Hardison Law Firm, has become a local expert on

out lawsuit with the U.S. Department of Justice. The

Fortas. He recently conducted research for a CLE

Memorandum of Agreement was the result of a five-

he presented about his fellow Memphian. Cook

year DOJ investigation of the Shelby County Juvenile

acknowledges that even though historical accounts of

Court. The Justice Department charged that

Fortas’ life always end with his alleged wrongdoings,

the Court failed to uphold due process for

there is much more to admire about the courage this

children, and that black children were not

brilliant attorney displayed in the courtroom.

provided equal protection from the law.

“Fortas has been vastly overlooked, and it’s regrettable

Today, a majority opinion written four decades

that his public career came to a conclusion,” says

ago by a Supreme Court justice from Memphis

Cook. “But what an individual. What a man he must

reminds us what a fair justice system should

have been to rise… from where he started… to those

look like, especially for our children:

heights. And to have the intellectual honesty to do what he thought was right in the courtroom, regardless of the consequences.”

arbitrariness.’ Gault, 387 U.S.

Cook with the Fortas research. Francis admits that

at 18. Gault focused not on

until recently, he didn’t know Fortas was from

creating a system of rigid

Memphis. That’s something he’d like to see change

formality, but on ensuring

for everyone.

that juveniles were afforded

the city,” says Francis.

Much like the city of his birth, Fortas’ life is complicated and, in places, troubling; yet, his impact on our country is profound. His story does not fit neatly into the template for “Local Boy Does Good,” but Abe Fortas may very well be the most remarkable Memphian of our time.

established principles of due process resulted

year associate with the Hardison firm and assisted

United States should receive more recognition in

Civil Rights Division, April 26, 2012).

juvenile courts, noting that ‘departures from not in enlightened procedure, but

Memphis to sitting on the Supreme Court of the

County Juvenile Court, U.S. Department of Justice

“Gault expounded upon the deficiencies in

Hugh Francis, a 2013 Memphis Law grad, is a first-

“I would think that anyone who could make it from

self-incrimination” (Investigation of the Shelby

the protections of due process. In essence, the Court outlined important constitutional proces—the right to counsel, the right

In the last few years, Fortas’ work has received a great

to notice of the charges,

deal of attention in his hometown. The majority

the right to confront

opinions delivered by Fortas in Kent (1966) and In

witnesses and the

re Gault (1967) have guided the investigation and

right to be free

reforms of Shelby County’s juvenile justice system.

from compulsory 28

THE RIGHT TO COUNSEL IN MEMPHIS: 5 0

Y E A R S

A F T E R

G I D E O N

With a groundbreaking, unanimous right-to-counsel mandate from the highest court in the land, it is easy to imagine how the 1963 Gideon decision could have been the foundation for a criminal justice system blind to class and ability to pay. However, 50 years later, we have nothing of the sort.

Sadly, Memphis is typical of most American cities,

expect to take on workloads just like I did more

United States government is paying close attention to

struggling to meet the demand for quality criminal

than a decade ago, and there is little relief in sight.

the public defense crisis in America and will continue

defense in its justice system. In 2012, the 75-plus

Since the monumental holding in Gideon 50 years

to support reform efforts, wherever they exist.

lawyers in the Shelby County Public Defender’s

ago, state and local governments have yet to fully

Office provided advocacy in over 30,000 cases. As a

assume the responsibility of what it means to

result, many of our lawyers have workloads well in

provide zealous advocacy for every citizen facing

excess of any recognized national standard.

potential incarceration.

“The problem of underresourced and overworked public defenders has led to some innovative solutions and much-needed attention.”

There is hope, however. The problem of underresourced and overworked public defenders has led to some innovative solutions and muchneeded attention. One such solution is Gideon’s

GIDEON

Promise, which has placed and helped train several

Of course, much closer to home here in Memphis,

new attorneys in the Shelby County Public Defender’s

another Department of Justice action has resulted in

Office over the last three years. Gideon’s Promise

the creation of a Juvenile Defender Unit in Shelby

When I first joined the Shelby County Public

is a national organization committed to creating a

County. In the well-documented 2012 findings

Defender’s Office in the fall of 2000, I had just

community of advocates that drives reform from

of the DOJ, the defender function at the Shelby

graduated from the University of Memphis School

within troubled public defense systems across the

County Juvenile Court was found to be a significant

of Law. The United States was well on its way to an

South. Through its partnerships with law schools and

contributor to the unconstitutional outcomes cited

unprecedented incarceration rate, which today is

public defender offices like ours, Gideon’s Promise

in the report. As a result, the state of Tennessee

the highest of any nation in history. As a poor urban

is helping recruit and train the next generation of

and Shelby County have combined to support a

center with a large minority population, Memphis

public defenders.

specialized team of public defenders and a better

JOSH SPICKLER

was in the midst of an epidemic. I was assigned to Division 10 of Shelby County General Sessions Criminal Court, and just days after receiving my

U.S. Attorney General Eric Holder has been an advocate for the cause of public defense reform

system for training and assigning private advocates for the children of Shelby County.

during his tenure as the nation’s highest-ranking law

While the right-to-counsel hopes of the Gideon

enforcement official. His Justice Department has

Court are far from being realized, it has never

made unprecedented strides toward parity in the

been a more exciting time to be a public defender.

criminal justice system. Most recently, the DOJ filed

The next 50 years of public defense has begun on

a statement of interest in Wilber v. City of Mt. Vernon, a

a promising note, and with the help of the next

pending Washington state case with public defender

generation of passionate and determined lawyers,

Today, a first-year public defender in Memphis, and

workloads and the right-to-counsel mandate of

public defenders will continue to advance the cause

in public defense systems around the country, can

Gideon at its center. Holder has made it clear that the

taken up by Abe Fortas more than five decades ago.

law license, I was in court with dozens of cases per day, just as my colleagues had been for years. Over the last decade, the workloads have continued to increase as the growth of arrest and incarceration rates has slowed only slightly.

29

Black-Letter Brewing Cont’d from pg 18

once drafted, the new codes will be presented to

beer definition.” This change would remove these

Why would the mayor join a ribbon-cutting

the Memphis City Council. The team is looking

“big beers” from being regulated as liquor, and

for a brewery’s opening as he did at Wiseacre

at a time frame of spring 2014 for the completion

place them under the same permit as beer and in

last August? The answer is summed up best by

and presentation.

the jurisdiction of local governments.

Timmons, the visionary Memphis Law alum:

The question was recently posited via cyberspace

“Microbreweries help bring communities back

by Nashville, a city already aboard the craft-beer

together. We’re starting to see people care about

trend and home to Yazoo Brewing Company:

rebuilding the community, and part of that is

“What in the hell is Memphis so happy about?”

having a great brewery or string of breweries that

The answer may be a giddiness for the fact that

people can sort of rally behind as the local beer.

so many disparate entities—city government,

It gives people a sense of place, a sense of cultural

entrepreneurs, community collectives, and

identity, a shared sense of community that really

districts—are willing to come together to make

only comes from whatever the local drink is. There

it a more livable and enjoyable and, therefore,

is something very essential to civilization about

more profitable city.

sitting around and sharing a drink.”

While this radical rethinking of beer is going on locally, at the state level there is a push among brewers and wholesalers to change the state’s definition of beer to include malt beverages containing up to 10-percent alcohol by weight (twice the current percentage allowed), which “would essentially free us up to brew the same range of beers that are brewed in most other states,” Timmons says. “We are one of the last

“We’re starting to see people care about rebuilding the community, and part of that is having a great… string of breweries that people can sort of rally behind as the local beer… There is something very essential to civilization about sitting around and sharing a drink.”

Southern states holding out the old low-gravity 30

PRESORTED

Non-Profit Org

U.S. POSTAGE PAID MEMPHIS, TN

PERMIT NO. 207

1 North Front Street Memphis, TN 38103-2189