the fine print* SCHOOL OF LAW / UNIVERSITY OF SOUTH CAROLINA / SPRING 2015
Breaking ground moving forward The new law school building begins to take shape
plus GETTING AWAY WITH MURDER A CONVERSATION WITH THE ABA PRESIDENT
Contents
SPRING 2015 School of Law Dean / Robert M. Wilcox Director of Communications / Rob Schaller Senior Director of Development and Alumni Relations / Michelle Thaxton Hardy Law Communications Office 701 Main Street, Suite 202 Columbia, SC 29208 Phone: 803-777-5611 Email: rschaller@sc.edu Contributing writers: Robyn Culbertson, Hannah Townsend the fine print* is the alumni magazine for the University of South Carolina School of Law.
In this issue 4/Breaking ground, moving forward After much anticipation, the new law school building is taking shape.
7/ Q&A with Colin Miller The associate dean for faculty development is the creator and editor of a blog ranked among the ABA Journal’s Top 100.
8 /Getting away with murder
Prof. James Underwood’s latest book recounts the turn-of-thecentury political scandal that rocked South Carolina.
10 /A conversation with the president
Stay connected: University Home Page: sc.edu School of Law Home Page: law.sc.edu School of Law Alumni and Development: giving.sc.edu/SupportLaw
USC Law alumnus and ABA President William Hubbard shares his thoughts on his time at the helm of the association, and the future of the legal profession.
Facebook: facebook.com/UofSCLaw Twitter: twitter.com/UofSCLaw LinkedIn: linkedin.com/company/UofSCLaw Instagram: instagram.com/UofSCLaw Flickr: flickr.com/UofSCLaw
14 / Faculty news
University Magazine Group / University Creative Services Editor / Chris Horn Magazine Designer / Linda Toro Dodge Proofing Editor / Carolyn Parks Photographer / Kim Truett *Because every good lawyer should read the fine print. The University of South Carolina does not discriminate in educational or employment opportunities or decisions for qualified persons on the basis of race, color, religion, sex, national origin, genetics, age, disability, sexual orientation, or veteran status. The University of South Carolina has designated as the ADA Title II, Section 504 and Title IX coordinator the Executive Assistant to the President for Equal Opportunity Programs. The Office of the Executive Assistant to the President for Equal Opportunity Programs is located at 1600 Hampton Street, Suite 805, Columbia, SC; telephone 803-777-3854. UCS15062 4/15
13 /Read and repeat A look at the scholarly activities of USC School of Law faculty.
16/Remembering Morris Rosen He left an indelible mark on his native Charleston and on the Palmetto State.
But wait, there’s more! Find additional content such as upcoming events and extended interviews online at law.sc.edu/thefineprint.
W
hile 2014 was filled with accomplishments, two major events took place that made it arguably one of the most exciting years in the history of our great school. First, as you hopefully know, we broke ground on our new building in September 2014, and construction has since been moving swiftly. Every day, I watch our new
home taking shape and changing both the future of our school and the landscape of
our city. As the steel girders go up, I can’t help but be excited, not only for the future of our law school, but also for its past and present. The new building represents a tremendous step forward in the investment the university is making in the School of Law. As evidenced by the distinguished group of alumni present at the groundbreaking, our school has long been a critical part of the state and nation. The university recognizes the importance it has played — and will continue to play — in the law profession in this state. I hope you’ll enjoy learning more about the unique features of our new home that will benefit South Carolina’s legal community, the university, and our students for years to come. Second, we are tremendously proud of one of our own, William Hubbard, who is currently serving as president of the American Bar Association. He took time out of his very busy schedule to sit down with us and share the progress on the first half of his ABA presidency and offer a glimpse at what lies in store for the remainder of his term.
ROBERT M. WILCOX, DEAN
COMMITTED TO EXCELLENCE
Of course we are proud of the many leaders the School of Law has produced, and in these pages you’ll learn about a number of your fellow graduates who, like Mr. Hubbard, have led national legal organizations. And if you are a fan of the public radio podcast “Serial,” then chances are you’re also familiar with Professor Colin Miller’s EvidenceProf blog. His series of posts that provided a “legal companion” to the record-breaking podcast broke a few records of its own. With almost a million page views, it is the most read series on the Law Professors Blog Network. Colin shares why he started blogging about the show and offers advice to those interested in starting their own legal blogs. Of course, as our new associate dean for faculty development, you’ll also hear his plans for raising the profile of our professors on the national stage. Speaking of professors, you’ll read about the latest work of Distinguished Professor Emeritus Jim Underwood, and we’ll introduce you to our six newest faculty members and their innovative scholarly work. These are just a few of the highlights you’ll find in this issue. I hope you will agree with me that we have many good reasons to be proud of our law school, and our future has never been brighter.
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Daytime view of the courtyard
4 / S C H O O L O F L AW
The Judge Karen J. Williams Ceremonial Courtroom
The student commons
Breaking ground, moving forward THE FUTURE HOME OF THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW A new University of South Carolina School of Law building is taking form with the first load of structural steel delivered in February. It’s tremendous progress, especially considering it was only a few months ago that more than 400 law school faculty, students, and alumni came out for the ceremonial groundbreaking on Sept. 26, 2014. And while it may have been the symbolic turning of dirt the crowd came to see that day, the message they carried away was of the promise of a brighter future for our state and our nation.
why we’re here today, and I’m here to tell you that what’s going to come out of this building in the future is going to be some of the best lawyers and judges in the entire United States: family court judges, trial judges, prosecutors, defense attorneys, and those who represent average, everyday South Carolinians. “One of the most important things I can do in my time in politics is to be a partner with USC to build a law school that will tell the world that South Carolina cares about the rule of law.” Jean H. Toal, ’68, and Chief Justice of the Supreme Court of South Carolina, said, “It’s not too much to say that South Carolina has made a major new investment “I would not be overly bold if I said that no college at the in the creation of a just society for its citizens. This is where the lawyers of the future — in University of South Carolina has had a greater impact whose hands the rule of law will be crafted — will be trained.” on the Palmetto State than our School of Law.” So how will the new law school fulfill this promise? How can a building change legal education and “I would not be overly bold if I said that no college at the improve the way students are being prepared to be the leaders of University of South Carolina has had a greater impact on tomorrow? the Palmetto State than our School of Law,” said University According to Dean Rob Wilcox, a major part of it comes President Harris Pastides. “The rule of law is one of the great down to the fact that the new building was specifically designed pillars of civilization. The work that will be accomplished here to enhance the synergy among faculty, students, and the legal will impact the quality of life for men, women, and children community in ways that the current building can’t accommodate. in South Carolina, and I hope throughout the world, for “One of the immediate impacts on South Carolina’s generations to come.” legal profession is that this building will open up so many During his remarks, U.S. Sen. Lindsey Graham, ’81, said, opportunities to bring together judges and lawyers with students “What comes out of this building is the most important aspect of
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Q
Highlights of the new building include: • A 300-seat courtroom equipped to allow trials to be held at the law school, offering students opportunities to observe actual cases • Faculty offices adjacent to the classrooms, enhancing interaction between students and their professors outside of class • Attractive public spaces allowing the school to host groups of lawyers and judges, providing students with direct access to professionals in the legal field • Group study areas and a student commons to allow collaboration among students • Flexible classrooms will offer a greater variety of learning environments better suited to the hands-on skills courses that have become important aspects of the law school curriculum • Sophisticated technology and state-of-the art amenities to ensure that the school will serve the needs of law students and South Carolina’s legal community well into the future • Architecture that conveys to students that they are preparing to enter into a professional career with high expectations of quality.
Want to track the building’s progress? Visit our tumblr page: bit.ly/uofsclawbuilding. Or watch our live webcam: bit.ly/uofsclawwebcam.
6 / S C HO O L O F L AW
“The opening of the new building will be a huge moment in the law school’s history, and I am glad to be part of this monumental change.” —Sara Shariff, ’17 and faculty,” Wilcox said. “It will be built in a way that increases interaction and facilitates communication, and that will change the entire climate of the law school.” Expected to open in 2017, the three-story, 187,500-square-foot school will occupy the block bounded by Gervais, Bull, Senate and Pickens streets in downtown Columbia, creating an important legal nexus for the state and the university. In addition to its proximity to the state legislature, State Supreme Court, municipal courthouses and downtown law firms, the new building will be located directly across Gervais Street from the USC Law Children’s Law Center, where research, training, and education on children’s legal issues will be performed, and one block north of the National Advocacy Center, where federal prosecutors are trained. First-year students Travis Bain and Sara Shariff believe the advanced tools and features of the new school will certainly benefit future students. “Facilities capable of providing the structure and environment needed to develop a bright legal future is probably one of the biggest things that a prospective law student might look for,” said Bain. “The new school conveys to both students and the community that USC is committed to the development of young legal professionals.” The new building definitely factored into Shariff’s decision to attend USC for law school. “Although I realized I wouldn’t get much time in the new building,” she said, “I still considered the school’s growth. The opening of the new building will be a huge moment in the law school’s history, and I am glad to be part of this monumental change.”
QA &
with
Colin Miller
Read the full interview at law.sc.edu/thefineprint
Colin Miller came to the School of Law in July 2012 and
Your blog has found great success. What advice would
teaches courses on evidence, criminal law and criminal
you give those who may be interested in starting their
adjudication. He is the creator of EvidenceProf Blog*,
own legal blog?
which was recently listed as one of the ABA Journal’s
Be willing to share your own perspective. I think that most
Top 100 Blogs. In 2014, he became the new associate
people like to read blogs to get some value added to reg-
dean for faculty development.
ular news stories. I often find that my most popular posts are when I disagree with the opinion of a court or share
In your new position, how do you envision increasing
why some new law or policy will have a positive impact.
faculty engagement? First, I’ve continued efforts started by my predecessor,
You’ve written a series of posts about the podcast
the fabulous Lisa Eichhorn: faculty brown bag lunches,
“Serial,”** which deals with the prosecution of 17 year-
where we discuss everything from exam writing to
old Adnan Syed for the murder of his ex-girlfriend in
encouraging class participation and faculty works-in
1999. Why did you start writing about “Serial”?
progress presentations, where professors at all stages
My colleague Claire Raj introduced me to it, and I was
of the writing/editing process can get feedback. Second,
instantly hooked. In addition to being a compelling
I want to get people around the country to view the law
narrative, it also touched on so many concepts that
school from a fresh perspective. We’ve hired a number
I discuss in my classes: hearsay, character evidence,
of new faculty members over the past few years and will
expert evidence, ineffective assistance of counsel,
be moving into our new facility in a couple more. This
etc. The response has been overwhelmingly positive.
gives the law school a chance to rebrand itself while
I’ve received good feedback from those in the legal
building upon the things we have been doing well for
community, and have also been contacted by a number
years. I hope to promote our faculty through social media
of non-lawyers who are getting their first significant
and encourage publishing in a variety of platforms
exposure to the American criminal justice system.
beyond traditional law reviews such as blogs, online law review supplements and amicus briefs.
* Read the EvidenceProf blog at bit.ly/evidenceprofblog. ** “Serial” can be found at serialpodcast.org.
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getting away
with murder THE TURN-OF-THE CENTURY POLITICAL SCANDAL THAT ROCKED SOUTH CAROLINA
James Underwood is the author of 12 books on topics ranging from the S.C. constitution to the legality of U.S. involvement in the Vietnam conflict.
8 / S C HO O L O F L AW
South Carolina has seen its share of notorious murders and subsequent trials, but none rocked the political and publishing worlds quite like the 1903 murder of Columbia newspaper editor N.G. Gonzales by the Palmetto State’s lieutenant governor, James Tillman. “This was a dramatic clash between revered and important values of that time,” said James Lowell Underwood, Distinguished Professor Emeritus of Constitutional Law at the School of Law. “On the one hand was the Southern male concept of honor, which doesn’t focus on honesty and integrity and living up to one’s word so much as it focuses on one’s public image. On the other hand was the sanctity of human life and freedom of the press.” Underwood’s 12th book, “Deadly Censorship: Murder, Honor, and Freedom of the Press,” covers the scandal in depth and has been described as “the definitive examination of the true story of an epic South Carolina murder trial that shocked the nation.” “Journalists at that time were getting rough treatment,” Underwood said, citing similar stories of newspaper editors and reporters who were shot and killed during that era. “But they were giving rough treatment in kind. Their articles were very personalized in their writing, and their stories were frequently ad hominem attacks.” Gonzales and his brother Ambrose founded The State newspaper in 1891 to support a number of progressive causes and to oppose the regime of outspoken militant segregationist Benjamin “Pitchfork” Tillman, governor of South Carolina from 1890 to 1894. Tillman’s nephew James was elected lieutenant governor in 1900, and his similar platform and political mudslinging made him a target for Gonzales as well. James Tillman’s problems with drinking and gambling were no secret, and they were frequent topics of Gonzales’ editorials. Underwood described one piece by Gonzales in The State that offered a sarcastic response to criticism of Tillman for betting on cockfights
instead of attending to the duties of his office. “The piece basically said, ‘Oh, he wasn’t gambling. In gambling, you have to have something of value. All Tillman was wagering was his reputation, and nobody would claim that was anything of value,’” Underwood said. When Tillman unsuccessfully ran for governor in 1902, he blamed Gonzales’ unflattering coverage in The State for his loss. “Gonzales was a good newspaper man, but he didn’t have a sense of proportion sometimes,” Underwood said. “His former editor at The (Charleston, S.C.) News and Courier had even cautioned him that there was a better way to express himself, saying that criticism was fine, but he didn’t have to do it with such relish and venom.” By the afternoon of Jan. 15, 1903, Tillman had had enough. He walked out of the Senate chambers for lunch, spotted Gonzales at the corner of Main and Gervais streets, and approached and shot him in the stomach. Gonzales died four days later. Tillman was arrested and reporters from around the country descended on the area to cover the proceedings. Tillman argued that he was forced to defend his honor after the negative press he had received from Gonzales. After a three-week trial, the jury returned a verdict of not guilty. “Deadly Censorship: Murder, Honor, and Freedom of the Press” delves deep into the long-running animosity between Gonzales and Tillman that led to the shooting, the political and legal wrangling surrounding the trial, and the societal mores that led the jury to find it acceptable for one man to murder another in defense of honor.
Underwood says he enjoyed researching and writing the book because he found it to be an exciting drama, with some intriguing trial strategy that those with an interest in the law will enjoy. But because the book doesn’t get lost in technicalities, it makes an interesting read for non-lawyers, as well. It has received many favorable reviews, including in American Journalism and Columbia Journalism Review. Ironically, despite the fact that Tillman killed Gonzales in a bid to restore his honor, he never participated in politics again. He left South Carolina for California before eventually settling in Asheville, N.C., where he died from tuberculosis on April 1, 1911. The surviving Gonzales brothers, still upset over their brother’s murder, all but dismissed any legacy Tillman might have had. The announcement they ran in The State was just one sentence: “Asheville, N.C., April 1: James H. Tillman, a one-time lieutenant governor of South Carolina, died here tonight.” Underwood’s book was published in December 2013 by the University of South Carolina Press and is the culmination of nearly eight years of work that included archival research at the South Caroliniana Library, The State newspaper and the Library of Congress, as well as personal manuscript collections at Duke, Clemson and UNC Chapel Hill. It is available in ebook and hardcover formats from USC Press, Amazon.com and Barnes and Noble. To hear Underwood discuss the book on the ETV Radio program, “Walter Edgar’s Journal,” go to bit.ly/deadlycensorship.
Compleat Lawyer Awards On April 30, the School of Law will present its most prestigious award to nine alumni at the annual Compleat Lawyer Awards ceremony. Congratulations to this year’s winners: Platinum (31 or more years in practice) Stuart M. Andrews, Jr. (’78) Lawrence “Larry” E. Flynn, Jr. (’74) Alice F. Paylor (’77) Gold (16-30 years in practice) Natalie Parker Bluestein (’94) Mark D. Chappell (’84) Kirby D. Shealy III (’96) Silver (up to 15 years in practice) Amy E. Armstrong (’02) Blake Hewitt (’05) Ayesha T. Washington (’02) More information and tickets are available at bit.ly/CompleatLawyer. (case sensitive)
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President William C. Hubbard’s hard work and passion for the law have resulted in many significant achievements during his career, but none perhaps as great as becoming president of the American Bar Association in August 2014. The honor came 40 years to the month after Hubbard first walked through the doors of what was then the School of Law’s new building. Today, from his office in downtown Columbia, S.C., he can see both the current law school, as well as its new home, now under construction. We sat down with Hubbard to discuss his time as president (so far), his vision for the future of legal services, and how Magna Carta is still influencing the world 800 years after it was sealed. The interview—including individual answers—has been edited for length. To read the interview in its entirety, including exclusive web-only questions, go to law.sc.edu/thefineprint.
10 / S CHO O L O F L AW
Photo by Marc Hauser
a conversation with the
You became the president of the ABA
Has there been a highlight so far to
FOLLOW THE
in August. How has the first half of your
the first half of your tenure?
LEADERS
I’m very encouraged by how quickly we were able to get up and running the working group on unaccompanied minor children. Within two weeks of our visit to the border we had in place a highly regarded, wellrepresented group from various sections and components of the ABA, and we developed training modules and training strategies to provide pro bono legal assistance. Sometimes these projects take longer to get off the ground, but that’s one where we saw a critical need, in effect an emergency, and were able to respond, and we’re now training lawyers in immigration law to represent the children. Another high point so far is the progress we’ve made with the Commission on the Future of Legal Services. I’ve seen a sea change in the organized bars’ recognition of the need to change, to embrace technology, and to embrace new methods of delivering legal services. I think five years ago, lawyers tended to be more reluctant to change. But lawyers, led now by bar leaders across the country, and judges are seeing that if we are going to continue to be the centerpiece of our justice system, we have to be where the people are. People are getting their legal information on their smart phones without the participation of a lawyer. We have to realize that’s what people expect now, and we have to change. And we’re making progress.
At least 11 alumni, including Mr. Hubbard, have been selected to lead national organizations in the past 15 years:
tenure gone?
It’s been a very busy, exhilarating experience. Some of the areas of focus that we settled on [when I was president-elect] turned out to be big issues for our country this year, and so it’s tied in well with some of the larger national and global issues. For instance, the domestic violence issue is one that we knew we were going to focus on, and then you had all the issues that came up with the NFL. Immigration has continued to be a big issue for our country, and so it was good that we planned to strengthen our involvement in this area. In fact, last summer we went to San Antonio to visit some of the detention centers when there was a surge of unaccompanied minor children. The ABA put together a working group to train lawyers to represent these children pro bono. We’d also focused on reform of the criminal justice system, and then events across the country transpired which caused some people to lose trust and confidence in the legal system. Having the ABA with a track record of criminal justice reform working on the over-incarceration issue, working on the issues of disparities in incarceration, and working on the collateral consequences of incarceration have put us in a position where hopefully we can be part of a bigger solution on criminal justice reform going forward. The last point, which has really been the centerpiece and ties all of the work together, is this: We created the Commission on the Future of Legal Services to help close the justice gap in our country. The best studies show that 80 to 85 percent of the poor and those of moderate means in this country do not have adequate access to our justice system on the civil side. The purpose of this commission is to develop new platforms for the delivery of legal services in more efficient, cost-effective ways, and at the same time provide the protections to the public that have been the hallmark of the American justice system.
With technology being a big part of the future of legal services, how do you see that playing out at law schools as we train future lawyers to work in a different way?
I believe that the generation of students who are now in law school, or are just getting ready to come to law school, has the best opportunity in decades to transform our justice system. My generation has worked
Joel W. Collins Jr. (‘68), president, American Board of Trial Advocates, 2015 Molly Hood Craig (‘94), president, International Association of Defense Counsel, 2013-14 David E. Dukes (’84), president, Defense Research Institute, 2005-06 Kristy T. Ellenberg (‘97), executive director, American Agricultural Law Association, 2015 Lanneau William Lambert Jr. (‘81), president-elect, National Conference of Bar Presidents, 2014-15 James T. McLaren (’76), president, American Academy of Matrimonial Lawyers, 2014-15 Kenneth M. Suggs (’75), president, American Association for Justice, 2005-06 Chief Justice Jean H. Toal (’68), president, Conference on Chief Justices, 2007-08 Chief Judge William B. Traxler Jr. (’73), chairman, Executive Committee of the Judicial Conference of the United States, 2013-Present D. Reece Williams III (‘64), president, American Board of Trial Advocates, 2000
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hard to adapt to technology, but it’s not in our DNA because we didn’t grow up with technology. The law students of today will have a legal education and technology in their DNA. Put those together and they can radically and effectively change the way we deliver legal services because it’s second nature for them.
instincts, and Magna Carta stands for the idea that no person is above the law and that people are entitled to certain processes that protect their property and security. Those principles are vital today. Magna Carta has had a direct influence on the development of principles in over 100 countries around the world, so it’s had a lasting impact.
The law students of today will have a legal education and technology in their DNA. Put those together and they can radically and effectively change the way we deliver legal services because it’s second nature for them. In 2015, Magna Carta turns 800,
What is the biggest obstacle
and the ABA has planned many
facing the legal profession today?
celebrations throughout the year.
You have to break it down, I think, into civil and criminal. Despite the incredible dedication and hard work of police, prosecutors, public defenders, and judges, there are still significant problems in our criminal justice system. Constitutionally, we are supposed to provide effective counsel to everyone who faces incarceration in a criminal case. Yet we have not fulfilled the mandate to do that, even 50 years after Gideon v. Wainwright. On the civil side, the biggest issue is access to justice. Despite the significant pro bono participation by the legal profession—I would say we give more away than any other profession anywhere in terms of free services to help the poor—the model we’re using is not moving the needle. We’re not able to close that justice gap. So if, despite more effort and more hours and a culture of pro bono, you’re not closing the justice gap, then you have to look at your
Is there one you are looking forward to the most?
I’m especially looking forward to the 800th anniversary, June 15, 2015, at Runnymede. There will be a delegation of 800 US lawyers there with their guests. We will join leaders of the legal system in the UK and people from around the world. To be able to celebrate 800 years of a document that truly has lived on as a defining bedrock of due process and the concept that no person is above the law is a time of great reflection and celebration. How has your work as chair of the Board of Directors for the World Justice Project affected your feelings towards the importance of this document?
What you see, no matter what country you visit, is a basic yearning on the part of people to have a certain degree of security and freedom. Those are natural
12 / S C HO O L O F L AW
model and ask how you can change the model for delivery. That’s the challenge and that’s what the Commission on the Future of Legal Services is trying to do. The School of Law’s new home is currently under construction and set to open in 2017. Is there one feature you’re most excited about?
I’m very excited about the courtyard. If you look at where education is today, it’s all about teamwork and people working together, so it is important to create spaces for interpersonal connections and conversations. The courtyard will be a tremendous benefit, and the whole layout of the building facilitates the interaction between faculty and students. Creating common spaces is really important and will make for a much more collegial atmosphere. We need all the collegiality we can get. Do you have a favorite legal movie, TV show, or fictional lawyer that you enjoy watching?
I am dating myself, but I enjoyed “Perry Mason” as a child. Perry Mason was really good. He always got a confession from the witness stand. I am still waiting to get my first confession during a crossexamination.
To see an unabridged version of the conversation with ABA President William Hubbard, go to law.sc.edu/thefineprint.
read
& repeat
THINGS TO KNOW
ABOUT TODAY’S LAW SCHOOL
$5 million The Rule of Law Collaborative was awarded a $5 million grant by the U.S. Department of State in October 2014.
26
Number of students sworn in by Chief U.S. District Judge Terry L. Wooten in
7 The University of South Carolina School of Law’s national ranking for the percentage of 2012 graduates employed with state and local judicial clerkships, according to U.S. News & World Report. bit.ly/2014ClerkRanking (case sensitive)
October 2014 as inaugural members of the newly-formed USC Law chapter of the Federal Bar Association
32
The University of South Carolina School of Law’s national ranking for the lowest average financial indebtedness of 2013 graduates, according to U.S. News & World Report. bit.ly/2014GradDebtRanking (case sensitive)
6
Years in a row that USC Law has been named a “Best Value” law school by The National Jurist magazine.
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faculty news Derek Black’s article
Elizabeth Chambliss, professor and director of the Nelson Mullins Riley & Scarborough Center on Professionalism, was appointed in May 2014 to the ABA’s Commission on the Future of Legal Services, chairing the Data on Legal Services Delivery Working Group. She also joined the S.C. Access to Justice Commission in November.
Joel H. Samuels was appointed in July
in the Vanderbilt Law
2014 as director of the Rule of Law
Review, “Federalizing
Collaborative, which is committed to the
Education By Waiver,” has
development of rule of law as a discipline
been cited by Slate, The
and its advancement and application.
Washington Post and The Huffington Post, as well as Utah Attorney General Sean Reyes and Florida Governor
Joe Seiner’s Iowa Law Review article, “Punitive Damages, Due Process, and
Rick Scott as they explored educational
Employment Discrimination,” was cited
and constitutional issues surrounding
multiple times by the chief judge of the
Common Core and No Child Left Behind.
Ninth Circuit in its en banc decision for Aguilar v Asarco LLC.
David Owen, Carolina Distinguished Professor of Law emeritus, has published
Dean Rob Wilcox was appointed to the
Owen & Davis on Products Liability Law
S.C. Judicial Merit Selection Commission
(fourth ed. 2014, Thomson Reuters, 4
in October 2014. The commission selects
vols.), Products Liability Law (third ed.
candidates from which the S.C. legisla-
2015) (West Hornbook), and Products
ture fills judicial appointments. Wilcox
Liability in a Nutshell (West 2015).
was also named to the ABA Task Force on Financing of Legal Education in May.
Aparna Polavarapu received a research
Marcia Zug was appointed to the board
award from the U.S. State
of the S.C. Coalition for Healthy Families
Department, administered
in November 2014.
by the USC Rule of Law Collaborative, in
Josh Gupta-Kagan
December 2014. The award will fund
presented at the AALS
research in Uganda on the administration
Children and the Law
of justice in informal and formal court
Section’s panel at the
systems. In February, she gave a talk on
AALS Annual Meeting
customary legal systems to USAID’s D.C.
in January. His paper,
and internationally-based personnel.
“The New Permanency,” was selected for presentation at the AALS mid-year meeting this summer.
14 / S CHO O L O F L AW
NEW FACULTY Tessa Davis has an LL.M.
Nathan Richardson is a
in taxation, a master’s in
former resident scholar at
social anthropology and
Resources for the Future
is focusing on the ways in
and an expert in a range of
which tax laws and policies
environmental and energy
are influenced by cultural
issues, including U.S. climate
context. Her latest paper, “Mapping the
policy, state and local regulation of oil
Families of Tax,” appears in the Virginia
and gas development (including hydraulic
Journal of Social Policy and the Law.
fracturing), evolution of the electric utility sector, and forestry management.
Josh Eagle spoke on the “Law and Governance of Global Fisheries in the Era of Climate Change” at the Toward a Sustainable 21st Century: Ocean Health, Global Fishing, and Food Security conference at the University of California Irvine in November 2014. In January, the second edition of Eagle’s Aspen casebook, “Coastal Law,” was published.
Kevin Haeberle is one of the few law professors in the nation teaching
internationally recognized
capital markets regulation.
expert on the law of self-
His work focuses on the
driving vehicles and taught
regulation of securities
the first-ever course on
markets as well as corporate and securities
this topic. Previously, he
law. He was a post-doctoral research
led Stanford University’s Legal Aspects
scholar at Columbia Law School and
of Autonomous Driving Program.
Columbia Business School Program on the
Smith appeared at more than a dozen
Law and Economics of Capital Markets. In
universities and automotive conferences
November 2014, he was part of a panel
during the fall semester, speaking on legal
titled “Dark Pools and High Frequency
issues surrounding self-driving vehicles,
Trading” at Columbia Law School’s
drones, Uber and other innovations.
conference, “Current Issues in Securities Regulation: The Hot Topics.”
Seth Stoughton is a former Climenko Fellow at Harvard
Shelby Leonardi is the
Law School and has an
eighth faculty member
internationally recognized
devoted to our intensive
expertise in police
Legal Research, Analysis
Benjamin Means was elected chair of the AALS Section on Agency, Partnership, LLCs and Unincorporated Associations in January.
Bryant Walker Smith is an
procedure, use of force, and
& Writing Program. As a
police/community relations. He conducts
former federal law clerk
research on factors that influence officer
and litigation associate, Leonardi has been
behavior. Stoughton’s op-ed articles have
on both sides of the bench and knows that
appeared in The New York Times and The
a lawyer’s ability to write effectively can
Atlantic. In February, Stoughton spoke
make or break her case.
at the St. Louis University Public Law Review’s symposium, “The Thin Blue Line: Policing Post-Ferguson.”
U NI V E RS I T Y O F S O U T H C A R O LIN A
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Rosen
remembering
WITH A LEGAL CAREER SPANNING MORE THAN SIX DECADES, THE LATE MORRIS D. ROSEN LEFT AN INDELIBLE MARK ON HIS NATIVE CHARLESTON AND, BY EXTENSION, THE ENTIRE STATE OF SOUTH CAROLINA.
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As corporation counsel of the City of Charleston (1959-1975), Morris Rosen, ’47, was instrumental in helping dismantle segregation and will forever be remembered for playing a pivotal role in the peaceful integration of Charleston’s municipal golf course. He was in charge of the lawsuits and arrests following demonstrations in the 1960s and became lifelong friends with Judge Matthew J. Perry Jr., who at the time represented civil rights workers. Guiding Charleston through this tumultuous time was just one of the ways Rosen sought to make his beloved city more prosperous. He was also influential in helping the city expand its century-old boundaries, restructuring Charleston City Council and establishing the Charleston County Aviation Authority.
Photo courtesy of Richard Rosen
Rosen speaks with Julius B. Ness, ’40, chief justice of the Supreme Court of South Carolina. Also pictured is Justice Ness’ sister, Rita Solomon.
“My father was generous with his time and ability. He was fair with his clients and garnered the respect of judges and peers. He won many difficult cases — civil and criminal — and was always available to help other lawyers, particularly the younger lawyers who sought out his advice,” Rosen’s reputation quickly grew beyond the Lowcountry, and he was widely recognized as a leader in the S.C. legal community. But above all his accomplishments, perhaps his biggest impact was made during the countless lunches in which he mentored many of Charleston’s upand-coming attorneys. Rosen, who passed away in 2012, will continue shaping the lives of future lawyers through the Morris D. Rosen Endowed Scholarship, which was established in September 2014 by his two sons, Richard and Robert. The scholarship will provide essential funds, making it possible for University of South Carolina law students to realize their dreams of becoming lawyers. “My father was generous with his time and ability. He was fair with his clients and garnered the respect of judges and peers. He won many difficult cases — civil and criminal — and was always available to help other lawyers, particularly the younger lawyers who sought out his advice,” said Richard Rosen. “He left us a good name, which is all any child can want. The creation
of this scholarship is our way of honoring that.” Morris Rosen was the first in his family to graduate from college, and after serving in World War II, he moved to Columbia to attend the School of Law, graduating in 1947. Richard Rosen says his grandparents had a very limited budget but were as supportive of his father as they could be. And while Morris Rosen’s successful career made it easier for Richard, ’75, and Robert, ’73, to afford law school, they knew they wanted to help other deserving students who — like their father — had limited financial means to attend USC Law. “My father came from humble beginnings, but through his law degree, he was able to accomplish so much to better our city and our state,” said Richard Rosen. “Creating this scholarship in his memory was our opportunity to ‘pay it forward,’ and make it possible for others to follow in his footsteps.”
The Morris D. Rosen Endowed Scholarship was one of seven scholarships created in the 2013-14 fiscal year. Scholarships help the School of Law attract high caliber students with exemplary academic records and proven leadership qualities, while keeping tuition affordable for those in need. More importantly, they provide future law students the opportunity to join the profession and make a difference in South Carolina and beyond. To learn more about creating an endowed scholarship to help a worthy student achieve his or her goal of a legal career, contact Michelle Hardy, senior director of development and alumni relations, at (803) 777-3407 or hardymt@law. sc.edu
STAY UP TO DATE We’re always working to keep you up-to-date on news and events here at the School of Law. But we need your help. Have you recently changed jobs? Have you moved, or do you have a new phone number or email address? Please let us know so we can keep in touch with you. It’s easy to update your information! Just complete our online form at law.sc.edu/ alumni/update.
U NI V E RS I T Y O F S O U TH C A R O LIN A
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alumni news 1959 Edward W. Mullins Jr.,
Nelson Mullins Riley & Scarborough LLP, was elected to the executive committee of the American Inns of Court in December 2014.
1966 Ken H. Lester, Les-
ter & Hendrix LLC, was named winner of the inaugural Solo and Small Firm Section Award by the S.C. Bar in September 2014.
1968 John P. Cardillo, Car-
dillo Keith & Bonaquist PA, was inducted into his high school Hall of Fame in Fort Lee, N.J., in December 2014.
1975 Elaine H. Fowler, Turn-
er, Padget, Graham & Laney PA, was named president of the S.C. Bar Foundation in June 2014. Bob Guild won the
Environmental Advocacy Award from the Conservation Voters of South Carolina in September 2014.
Gary W. Smith gradu-
B.C. Killough, Barnwell
ated from Georgia Regents University College of Business with an MBA in August 2014.
Whaley Patterson & Helms LLC, was named co-chair of the Intellectual Property Committee of the S.C. chapter of the Federal Bar Association in October 2014.
1976 James T. McLaren,
McLaren & Lee, was named president of the American Academy of Matrimonial Lawyers.
1977 James E. Brogdon Jr.,
Nelson Mullins Riley & Scarborough LLP, joined the firm’s Columbia office as an attorney of counsel in September 2014. William C. Hubbard,
a partner at Nelson Mullins Riley & Scarborough LLP, was named president of the American Bar Association in August 2014.
1979 Frederick A. Crawford,
Richardson, Plowden & Robinson PA, was certified as a circuit court mediator by the S.C. Supreme Court’s Board of Arbitrator and Mediator Certification in May 2014.
Margaret Pope, Pope
Zeigler, was appointed to the board of directors of the Palmetto Trust for Historic Preservation in August 2014.
18 / S CHO O L O F L AW
Sue Erwin Harper, a
partner at Nelson Mullins Riley & Scarborough LLP, was elected as a fellow in the College of Labor and Employment Lawyers in July 2014.
Tom Stephenson
co-launched Stephenson & Murphy LLC with Brian Murphy in August 2014. The firm is located in Greenville, S.C.
1982 Clarence Davis, Green-
berg Traurig LLP, was appointed to the Benedict College Board of Trustees in May 2014.
tana & Stubley PA, was named to the Miss South Carolina Scholarship Organization Board of Directors in May 2014.
1989 R. Scott Sprouse,
Stoudemire & Sprouse PA, was elected by the S.C. General Assembly to serve as a judge on the 10th Judicial Circuit in May 2014.
1990 Bruce Howe Hendricks
was appointed to the U.S. District Court of South Carolina in September 2014. William B. Salley Jr.,
1985 J. René Josey, Turner,
Padget, Graham & Laney PA, was elected to the Board of Directors of the S.C. Bar Foundation in September 2014. He was also appointed by the S.C. Supreme Court to serve on the Commission on Continuing Legal Education and Specialization in May.
1986 Brig. Gen. Thomas S. Mullikin, Mullikin Law
Firm, was named the new commander of the S.C. State Guard in June 2014.
1988 Janet Brooks Holmes,
McKay, Cauthen, Set-
Salley Law Firm PA, was elected the 2015 treasurer for the S.C. Workers’ Compensation Educational Association in October 2014.
1991 Teresa A. Knox, for-
mer state probation department lawyer, was named the City of Columbia’s new attorney by Columbia City Council in May 2014. Stephen C. Mitchell,
Fisher & Phillips LLP, was named managing partner of the firm’s Columbia office in October 2014.
1992 Brian Murphy co-
launched Stephenson
& Murphy LLC with Tom Stephenson in August 2014. The firm is located in Greenville, S.C.
1996 George D. Gallagher
became an associate of McKay, Cauthen, Settana & Stubley PA in October 2014. Byron E. Gipson, John-
son, Toal & Battiste PA, joined the S.C. Bar Foundation Board of Directors in July 2014. Michael Hitchcock,
chief attorney and assistant clerk of the S.C. Senate, was named executive director of the state’s Retirement Systems Investment Commission in August 2014. Ray Jones, Parker Poe
Adams & Bernstein LLP, was elected to the firm’s board in January 2015.
1997 Suzanne H. Bauknight was appointed
U.S. bankruptcy judge for the Eastern District of Tennessee, Northern Division, in Knoxville in November 2014.
1998 Meg R. Scoopmire,
Haynsworth Sinkler Boyd PA, became a shareholder of the firm in January 2015.
1999 Mark Bokesch, Bokesch
& Tipton LLC, was named president of Columbia’s Capital Rotary Club for 2014-15 in June. Brian Comer, Collins
and Lacy PC, was named a member of the Central S.C. Chapter of the American Red Cross Board of Directors in June 2014.
2000 Peter Byford joined
the consulting firm of TaxAdvantageGroup in October 2014. Andrew Cole, Collins &
Lacy PC, was named 2014-15 chair of the Practice and Procedure Committee of the S.C. Bar in September 2014. Brad Cunningham,
town attorney for Lexington, S.C., received the Joseph I. Mulligan Jr. Distinguished Public Service Award at the International Municipal Lawyer’s Association annual conference in September 2014. Rick Reames was
named director of the S.C. Department of Revenue in June 2014.
2002 Richele Taylor was
chosen by S.C. Gov. Nikki Haley to head the Department of Labor, Licensing and Regulation in December 2014.
2004 Andrew W. Creech,
Elrod Pope Law Firm, was named a partner in July 2014. Tiffany Brooke Hunt,
Smith Watts & Associ-
ates LLC, became a Foundation Ambassador for the S.C. Bar Foundation in January 2015. Graham Newman
joined Chappell, Smith & Arden PA in July 2014.
2006 Beth Davis Webb was
named the commerce liaison working on special projects in the S.C. governor’s office in April 2014. Additionally, she and her husband, Richard, celebrated the birth of their daughter in September 2013. William Thomas Young III married Oc-
tavia Lane Culbertson in November 2014.
2007 Elizabeth H. Black,
Haynsworth Sinkler Boyd PA, became a shareholder of the firm in January 2015. Lawrence E. Flynn,
2009 Mac McQuillin was
appointed to the Lord Berkeley Conservation Trust Board of Directors in April 2014. James Whalen, Rich-
ardson Plowden & Robinson PA, joined the firm’s Charleston, S.C., office as an associate in October 2014.
2010 Paul McEachern Fogleman, Poyner Spruill
LLP, married Elizabeth Gramling Cole in June 2014. Christopher Huber,
Collins & Lacy PC, joined the firm’s Columbia office as an associate in November 2014. Blakely L. Molitor, Col-
lins & Lacy PC, joined the Narcotics Use Advisory Committee for the S.C. Workers’ Compensation Commission in September 2014.
Pope Zeigler LLC, was appointed to the S.C. Bar’s Memory Hold the Door Committee in July 2014.
Matt Stabler, Wyrick
Denny P. Major, Hayn-
Marshall Tinsley,
sworth Sinkler Boyd PA, became a shareholder of the firm in January 2015.
Turner, Padget, Graham & Laney PA, joined the firm’s business transactions group in May 2014, practicing in the areas of estate planning, probate administration and probate litigation.
Stephen J. Wunder,
Haynsworth Sinkler Boyd PA, became an associate of the firm’s Greenville office in August 2014.
2008 Prina Tailor Maines
was sworn in as Hardeeville, S.C.’s city attorney in June 2014.
Robbins Yates & Ponton LLP, joined the firm as an associate in September 2014.
Students Association in April 2014. Michael C. Greene,
Gignilliat, Savitz, & Bettis LLP, was appointed to the S.C. Panel for Dietetics in June 2014. J. Phillip Land became
Andrew W. Saleeby,
McNair Law Firm PA, joined the firm’s Columbia office as an associate in July 2014.
2014 Sarah Katherine Johnson’s article,
associate of Stephenson & Murphy LLC in August 2014.
“Making a Profit from Charitable Donations in South Carolina,” was published in the Aug. 25, 2014 edition of “State Tax Notes,” a national weekly print and online magazine published by Tax Analysts.
Ben Gooding, Sowell
Alexandra M. Kitts
an associate of Haynsworth Sinkler Boyd PA in August 2014.
2012 Alex Cable became an
Gray Stepp & Laffitte LLC, joined the firm as an associate in August 2014.
joined Jackson Kelly PLLC as an associate in October 2014.
Michal Kalwajtys be-
became an associate of Nelson Mullins Riley & Scarborough LLP in December 2014.
came an associate of Callison Tighe & Robinson LLC in August 2014. Jacqueline M. Pavlicek ,
Callison Tighe & Robinson LLC, became an associate in May 2014, after serving as a staff attorney for the S.C. Court of Appeals. Rachel D. Rogers joined
Hatcher Law Group as a family law attorney in September 2014.
2013 Katherine A. Hite was
married to Ryan D. Popp in April 2014.
Jonathan Knicely
Phillips L. McWilliams
became an associate of Nelson Mullins Riley & Scarborough LLP in December 2014. Cashida Okeke became an associate of Nelson Mullins Riley & Scarborough LLP in December 2014. Donna Tillis became
an associate of Nelson Mullins Riley & Scarborough LLP in December 2014.
2011
Have news you’d like to share? Tell us!
Sheila M. Bias, Rich-
Email your updates to lawnews@law.sc.edu. Due to space limitations, the fine print* alumni news section includes only updates about new positions, promotions, awards, wedding and birth announcements, etc. For a full listing that includes state and national designations, please visit law.sc.edu/ thefineprint/alumninews.
ardson Plowden & Robinson PA, was awarded the Jonathan Jasper Wright Award by the Black Law
U NI V E RS I T Y O F S O U TH C A R O LIN A
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Thanks to Carolina’s Promise, my dreams have No Limits. Nicole Cuadrado USC School of Law scholarship recipient
The children’s shelter where Nicole Cuadrado volunteered in college inspired her quest for a law degree. The USC School of Law has been rigorous, but Nicole has earned four scholarships. “Scholarships have allowed me to commit fully to several professional opportunities and not worry about working extra hours to pay rent,” she says. “As one of my mentors said, you’ve got to love this profession because you’re going to be involved in it for a lifetime. I’ve gotten a great start here.” Help School of Law students by giving to Carolina’s Promise at giving.sc.edu.
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